Board of Supervisors Minutes: February 9, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, February 9, 1998 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:03 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Yaki, Yee-7. Noted absent at first roll call: Supervisors Katz, Newsom, Teng - 3. Quorum present. Supervisor Katz was noted present at 2:04 p.m. Supervisor Newsom excused. See infra. Supervisor Teng excused. See infra. SupervisorsNewsom,TengExcused The Clerk stated Supervisors Newsom and Teng requested to be excused from attending today’s meeting. Supervisor Yaki, seconded by Supervisor Katz, moved to excuse Supervisors Newsom and Teng from attendance. Motion adopted by the following vote: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng - 2. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Medina, seconded by Supervisor Brown, moved that the Journal of Proceedings for Monday, December 8, 1997, be approved. Motion carried by the following vote: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng - 2. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Surplus Goods Donation] Ordinance amending Administrative Code, to authorize the Director of Purchasing to dispose of surplus goods by donation for reuse or recycling. (Supervisors Brown, Bierman, Teng, Katz) File 97-97-52, Ordinance No. 54-98 (Amends Section 6.01.) Finally passed. [Appropriation, PUC-Clean Water] Ordinance appropriating $3,468,646, Department of Public Utilities-Clean Water, Clean Water Program fund balance for the construction of new Southeast Plant Aeration Basins Influent Channel and design of a Booster Pump Station upgrade for fiscal year 1997-98. (Controller) File 98-0051, Ordinance No. 59-98 Finally passed. [Appropriation, Port Commission] Ordinance appropriating $2,000,000, Port Commission, of San Francisco Harbor Operating Fund balance to fund the costs of repair to the marginal wharves from Pier 1-1/2 to Pier 5 to accommodate the new promenade for the Mid Embarcadero Roadway Project, for fiscal year 1997-98. (Controller) File 98-0052, Ordinance No. 60-98 Finally passed. RecommendationsofRulesCommittee Finally Passed [M.L.D.K., Inc. v. CCSF, et al.] Ordinance authorizing settlement of litigation of M.L.D.K., Inc., against the City and County by recognizing a reduction of business taxes due by $127,770.22. (City Attorney) File 98-0017, Ordinance No. 58-98 (Superior Court No. 984697.) Finally passed. [United States, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of United States, et al., against the City and County by payment of $141,886.00. (City Attorney) File 98-0053, Ordinance No. 61-98 (Federal District Court, No. C-84-7089 MHP.) Finally passed. [Leroy and Katherine Looper v. CCSF] Ordinance authorizing settlement of litigation of Leroy and Katherine Looper against the City and County by payment of $150,000.00. (City Attorney) File 98-0054, Ordinance No. 62-98 (Superior Court No. 975-683.) Finally passed. [Clifford Washington, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Clifford Washington, et al., against the City and County by payment of $320,000. (City Attorney) File 98-0082, Ordinance No. 63-98 (Superior Court No. 969-668.) Finally passed. Recommendationsof EconomicDevelopment,TransportationandTechnologyCommittee Passed on First Reading [Underground District No. 334] Ordinance creating Underground District No. 334 in the Broad Street/Randolph Street/19th Avenue area. (Supervisors Medina, Bierman) File 98-0111, Ordinance No. Passed on first reading. [Underground District No. 335] Ordinance creating Underground District No. 335 in the Upper Folsom area. (Supervisors Medina, Bierman) File 98-0112, Ordinance No. Passed on first reading. Adopted [Grant, Minority Business Opportunity Committee] Resolution authorizing the Mayor, retroactively, to apply for, accept and expend the Minority Business Development grant for a total amount not to exceed $450,000. (Mayor Willie L. Brown, Jr.) File 68-97-8, Resolution No. 75-98 Adopted. [Revocable Permit - 590 Van Ness Avenue] Resolution granting revocable permission to Ryan Construction Company to temporarily close and occupy the north sidewalk on Redwood Alley between Polk Street and Van Ness Avenue and to conduct construction operations at 590 Van Ness Avenue (Block 766, Lot 13). (Department of Public Works) File 98-0100, Resolution No. 81-98 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. REGULARCALENDAR UNFINISHEDBUSINESS FromtheClerk Adopted [Findings] Motion adopting findings related to the appeal of the Planning Commission’s denial of Conditional Use Application No. 97.588C, for the conversion of a two-family dwelling to a Bed and Breakfast Inn containing five guest rooms in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District on property located at 377-79 Collingwood Street (aka The Villa); Lot 33, in Assessor’s Block 2752. File 98-0201, Motion No. M98-20 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. RecommendationsofFinanceCommittee Finally Passed (Supervisor Kaufman dissenting in Committee. ) [Appropriation, Department of Public Health] Ordinance appropriating $1,033,415, including an additional $262,415, Department of Public Health-Community Health Service, from Medi-Cal and MediCare Revenues and transferring $771,000 of visiting nurse hospice group contracts to fund the newly created Community Health Network Home Health Agency and for the creation of 28.2 new positions; providing for ratification of action previously taken; companion measure to File 102-97-16. (Controller) File 101-97-45, Ordinance No. 56-98 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Yaki, Yee-7. Noes: Supervisor Kaufman-1. Absent: Supervisors Newsom, Teng-2. (Supervisor Kaufman dissenting in Committee. ) [Salary Ordinance Amendment, Department of Public Health] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Public Health-Community Health Service, reflecting the creation of 28.2 new positions; companion measure to File 101-97-45. (Department of Human Services) File 102-97-16, Ordinance No. 57-98 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Yaki, Yee-7. Noes: Supervisor Kaufman-1. Absent: Supervisors Newsom, Teng-2. [Capital Improvement Advisory Committee] Ordinance amending Administrative Code, to add the City Administrator as a member of the Capital Improvement Advisory Committee and to provide that the chair of the Capital Improvement Advisory Committee appoint 2 individuals as members (instead of Department heads). (Mayor) File 97-97-67, Ordinance No. 55-98 (Amends Section 3.20.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. FromRulesCommitteewithRecommendation"DoSubmit" Ordered Submitted [Charter Amendment-Board Members Salary] Charter Amendment (Second Draft) amending Charter Section 2.100 to increase the salary of members of the Board of Supervisors from $23,924 per year to $37,585. (Supervisor Ammiano) File 285-97-1 (February 2, 1998 - Consideration continued to February 9, 1998.) Second draft ordered submitted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. [Charter Amendment-Loans From State/Federal Govt.] Charter Amendment (Second Draft) amending Charter Section 9.111 and adding Section 9.111-1 to authorize the City and County and its commissions to clarify the general authority of the City and County and its commissions to incur and refund any indebtedness and to authorize the City and County and its commissions to enter into cost effective loans or other indebtedness with the State of California or the federal government under certain circumstances. (Supervisor Kaufman) File 286-97-1 (February 2, 1998 - Consideration continued to February 9, 1998.) Second draft ordered submitted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Charter Amendment-Water Department Revenue Fund] Charter Amendment (Second Draft) amending Charter Section 16.103 thereof and adding Section 16.103-1 thereto, to (1) establish a separate revenue fund for the deposit of revenues generated from the Water Department, and (2) provide a priority schedule for expenditures paid from this fund. (Supervisor Kaufman) File 287-97-1 (February 2, 1998 - Consideration continued to February 9, 1998.) Second draft ordered submitted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. The President resumed the Chair. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading (Supervisor Brown dissenting in Committee. ) [Amendment, Advertising Shelter Agreement] Ordinance approving Third Amendment to Advertising Transit Shelter Agreement between City and County and Outdoor Systems, Inc. to maintain MUNI Metro Extension and F-Line boarding platforms in exchange for advertising on platforms and to expand transit shelter program. (Public Transportation Commission) File 172-97-19, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Medina, Yaki, Yee-7. Noes: Supervisor Brown-1. Absent: Supervisors Newsom, Teng-2. [Appropriation, Ethics Commission] Ordinance appropriating $73,306, Ethics Commission, from the General Fund Reserve-Ethics Commission, for salary, fringe benefits and non-personal services for the creation of 1.41 position for fiscal year 1997-98; providing for ratification of action previously taken; companion measure to File 98-0057. (Controller) File 98-0050, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Salary Ordinance Amendment, Ethics Commission] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Ethics Commission, reflecting the creation of 1.41 new positions; companion measure to File 98-0050. (Department of Human Resources) File 98-0057, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Appropriation, Public Library] Ordinance appropriating $1,225,367, Public Library, ($400,000 from the General Fund Reserve, $114,367 Budget Incentive Reserve, $354,000 Fine and Fee Revenues, and $357,000 Fuhrman Gift Fund and rescinding $357,000 General Fund Books) to fund salaries, professional services, books and equipment for fiscal year 1997-98. (Controller) File 98-0092, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. Adopted [de Young Museum General Obligation Bonds] Resolution determining and declaring that the public interest and necessity demand the acquisition, construction and/or reconstruction by the City and County of a new museum facility in Golden Gate Park to replace the M. H. de Young Memorial Museum and all other works, property and structures necessary or convenient for the foregoing purposes, including funding for improvements to Golden Gate Park in the areas appurtenant to, or which provide access to, the de Young Museum, and that the estimated cost of $89,900,000 for such municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require the incurring of bonded indebtedness. (Supervisors Yaki, Teng, Yee, Katz, Brown, Kaufman, Newsom) File 98-0109, Resolution No. 82-98 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed on First Reading [Regional Transit Discount ID Card Fee] Ordinance amending Administrative Code, imposing fees to process applications for new, renewed and lost Regional Transit Discount Identification Cards; companion measure to File 172-97-83. (Public Transportation Commission) File 97-97-75, Ordinance No. (Adds Section 8.30.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. Adopted [Regional Transit Discount Card Program] Resolution authorizing an indemnity provision in agreement regarding implementation of the Regional Transit Discount Program, among the City and County, the Metropolitan Transportation Commission, and the Bay Area Rapid Transit District; companion measure to File 97-97-75. (Public Transportation Commission) File 172-97-83, Resolution No. 76-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. Passed on First Reading [Proof of Payment, Passenger Conduct Violations] Ordinance amending Traffic Code, to redefine "Streetcar"; by repealing Section 126 regarding boarding and alighting streetcars or vehicles and reenacting that provision in Section 128; to allow boarding of public transit vehicles through rear doors under some circumstances and to require transit passengers to display proof of payment of fares; by repealing and reenacting Section 128 to institute other passenger conduct violations; to impose penalties for violation of Sections 127 and 128; to authorize fare inspectors; by repealing Section 129 regarding expectorating in transit vehicles and reenacting that provision in Section 128; and stating the intent of the Board that funds from enforcement of Sections 127, 128 and Penal Code Section 640 be used to defray costs of the proof of payment program and that an audit be performed every three years. (Public Transportation Department) File 124-97-6, Ordinance No. (Amends Sections 3.2, 127, 128.1; Repeals Sections 126, 129; Repeals and reenacts Section 128; Adds Section 128-A.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [General Plan Referral Procedures] Ordinance amending Administrative Code, requiring General Plan Referral Reports on the consistency with the City’s General Plan of certain actions taken by the Board of Supervisors. (Planning Department) File 98-0014, Ordinance No. (Adds Sections 2A.52 and 2A.53.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Parking and Traffic, Taxicabs] Ordinance amending Traffic Code, regarding the exemption of taxicabs from turn prohibitions. (Supervisor Newsom) File 98-0016, Ordinance No. (Amends Section 34.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. Adopted [Made in San Francisco Label] Resolution establishing a "Proudly Made in San Francisco" label to be placed on items manufactured in San Francisco and urging the Art Commission to sponsor a contest for the creation of a "Made in San Francisco" label. (Supervisor Teng) File 261-97-1, Resolution No. 77-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [San Francisco First Policy, Airport] Resolution urging the Airport Commission to consider the adoption of a policy to require, where appropriate, the sale of items manufactured in San Francisco, in Airport renewal concession contracts and future Airport concession contracts, and directing the Clerk of the Board to transmit a copy of this resolution to the Airport Commission for its consideration. (Supervisor Teng) File 261-97-2, Resolution No. 78-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [San Francisco First Policy, Port] Resolution urging the Port Commission to consider the adoption of a policy to require, where appropriate, the sale of items manufactured in San Francisco, in Port renewal concession contracts and future Port concession contracts, and directing the Clerk of the Board to transmit a copy of this resolution to the Port Commission for its consideration. (Supervisor Teng) File 261-97-3, Resolution No. 79-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Intent to Vacate/Sell - Portion of Wawona Street] Resolution declaring intention of the Board of Supervisors to vacate and sell a portion of Wawona Street between 18th and 19th Avenues (Block 2478, Lot 13J), setting the hearing date for March 9, 1998 at 3:00 p.m., for all persons interested in the proposed vacation and sale, making findings of General Plan conformance and consistency with Planning Code Section 101.1, and authorizing other official actions in connection therewith. (Real Estate Department) File 98-0089, Resolution No. 80-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. COMMITTEEREPORTS RecommendationsofRulesCommittee Adopted [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by adding Rule 5.7 and amending Rule 5.5 in order to create a new standing committee, the Parks and Recreation Committee. (Supervisor Kaufman) File 98-0197, Motion No. M98-19 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, oppose apartment unit conversion proposed amendment; Ernestine Weiss, oppose apartment unit conversion; Michael Sherlock, trees; Rachel Mandel, homeless shelter and bed; Henry Holmes, Multilateral Agreement on Investment; Victor Mernotti, Multilateral Agreement on Investment. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of resolution today. Any Supervisor may require any resolution to go to Committee. Adopted [Commend Matt Onek] Resolution commending Matt Onek, departing Director of the San Francisco Youth Commission. (Supervisors Newsom, Katz, Medina, Bierman, Brown) File 98-0176, Resolution No. 88-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina, Bierman, Brown requested to be added as co-sponsors. [Commend Child Passenger Safety Awareness Week] Resolution commemorating February 8-12 as Child Passenger Safety Awareness Week and urging City departments to participate in supporting this week through education, enforcement and awareness efforts. (Supervisors Newsom, Katz, Medina, Bierman, Brown) File 98-0177, Resolution No. 83-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina, Bierman, Brown requested to be added as co-sponsors. [Commend Chinese Performing Artists of America] Resolution commending the Chinese Performing Artists of America for its outstanding artistic achievements and declaring February 21, 1998 as "Chinese Performing Artists of America and Chinese Performing Arts Festival Day" in San Francisco. (Supervisors Teng, Kaufman, Katz, Medina, Bierman, Brown) File 98-0178, Resolution No. 84-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina, Bierman, Brown requested to be added as co-sponsors. [Commend Center for Young Women’s Development] Resolution commending the Center for Young Women’s Development for their success in San Francisco and acknowledging the recipients of the 1998 Youth and Social Justice Awards. (Supervisors Ammiano, Katz, Medina, Bierman, Brown) File 98-0179, Resolution No. 85-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina, Bierman, Brown requested to be added as co-sponsors. [Commend Resolve To Stop The Violence Project] Resolution commending the San Francisco Sheriff’s Department’s Resolve To Stop The Violence Project (R.S.V.P.) for the innovative approach to healing the harm caused by violence through restorative justice. (Supervisors Katz, Kaufman, Medina, Bierman, Brown) File 98-0180, Resolution No. 86-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Medina, Bierman, Brown requested to be added as co-sponsors. [Local Business Enterprise Program, Airport] Resolution supporting the Airport Commission’s policy adoption to have San Francisco based businesses represented in the retail, food and beverage and service operations in the terminal complex. Whenever appropriate, concession opportunities should be ’set aside’ for such firms and staff is directed to use its best efforts to encourage participation of small businesses in the bidding process. (Supervisor Teng, Katz, Medina, Bierman, Brown) File 98-0181, Resolution No. 87-98 (February 2, 1998 - Introduced in Board for consideration on February 9, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina, Bierman, Brown requested to be added as co-sponsors. [Final Map] Motion approving final map of 3600 Fillmore Street, a Residential Condominium Project, being a subdivision of Lot 20 in Assessor’s Block No. 436F, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0173, Motion No. M98-17 (February 2, 1998 - Referred to Board for consideration on February 9, 1998.) Adopted. [Final Map] Motion approving final map of 6838 Geary Boulevard, a Residential Condominium Project, being a subdivision of Lot 51 in Assessor’s Block No. 1464, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0174, Motion No. M98-18 (February 2, 1998 - Referred to Board for consideration on February 9, 1998.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. IMPERATIVECALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following motions: Adopted [Serious Injury Finding] Motion that the Board finds by roll call vote that for the legislation(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Bierman, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the legislation being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Bierman, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. [Imperative Motion] Adopted [Winter Storms 1998 Emergency Declaration] Motion concurring in the Mayor’s declaration of a local emergency due to heavy winter storms and in actions already taken to meet the emergency and authorizing further action to respond to the emergency. File 98-0240, Motion No. M98-21 Supervisor Kaufman presented for immediate adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Yaki, Yee-8. Absent: Supervisors Newsom, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [MBE/WBE/LBE Ordinance - III Extension] Ordinance amending Administrative Code by adding Section 12D.2-4 and amending Sections 12D.9(A), 12D.10(A), 12D.11(A) - (1) and 12D.15(G) to set forth findings supporting a three month extension of the MBE/WBE/LBE Ordinance - III and providing for the three month extension (from April 1, 1998 to July 1, 1998). Supervisor Katz presented. Referred to Health, Family and Environment Committee with request it be considered at the February 12, 1998 meeting. File 98-0205. [Soil Testing for Hazardous Waste] Ordinance repealing Public Works Code Article 20 and amending Building Code by adding all sections of Article 20, except Section 1010, as Chapter 37 (Sections 37.1 through 37.13) relating to analyzing the soil for hazardous waste. Supervisor Kaufman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0224. [Task Force] Ordinance amending Administrative Code by adding Sections 30.01 - 30.03, to establish and delegate to the Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth Task Force the ability to investigate City departments’ implementation of the 1996 San Francisco Human Rights Commission’s recommendations regarding the needs of lesbian, gay, bisexual, transgender, queer and questioning youth, and to provide that the task force shall cease to exist on June 30, 1999. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 98-0225. Referred to Board [Commend Amelia Ashley-Ward] Resolution commending Amelia Ashley-Ward for her excellent leadership and outstanding commitment to civil rights. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0226. [Commend Lulann McGriff] Resolution commending Lulann McGriff for her honorable commitment to civil rights and her invaluable role as an educator, social worker and counselor. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0227. [Proclaim YMCA Youth and Government Day] Resolution declaring February 12, 1998 as YMCA Youth and Government Day. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0228. [Proclaim Wildlife Conservation Day] Resolution supporting efforts for the tiger conservation and declaring February 6, 1998 to be "Wildlife Conservation Day," so that every year the people of San Francisco will continue to participate in the activities and events of wildlife conservation. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0229. [Retirement Board Divest Holdings] Resolution urging the San Francisco Retirement Board to honor the intent of the 1996 Board of Supervisors’ resolution urging the Retirement Board divest holdings in securities of publicly traded companies that derive revenue from the sale of tobacco products. Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0230. [Human Rights Sanction Regulations] Resolution expressing San Francisco’s position on its ability to impose sanctions on organizations and entities that do not comply with San Francisco’s human rights requirements (oppose Multilateral Agreement on Investment). Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0231. [Refugee Funds for Elderly] Resolution authorizing the President of the Private Industry Council to accept and expend $550,000 of refugee funds for elderly refugees as described in the Revised Refugee County Plan. Supervisor Teng presented. Referred to Health, Family and Environment Committee. File 98-0232. Referred to Committee [Children’s Services Plan, 1998-1999] Resolution approving the Children’s Services Plan for the San Francisco Children’s Fund in accordance with Charter Section 16.108. Mayor Willie L. Brown, Jr. presented. Referred to Health, Family and Environment Committee with request it be considered at the February 26, 1998 meeting. File 98-0233. [Lease of Real Property, 3119 Mission Street] Resolution authorizing a lease of real property at 3119 Mission Street, for the Department of Human Services. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at the February 18, 1998 meeting. File 98-0234. [Lease of Real Property, 1428 Bush Street] Resolution authorizing lease of real property at 1428 Bush Street, for the Department of Human Services. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at the February 18, 1998 meeting. File 98-0235. [Bond Sale, Series 1998C, Educational Facilities] Resolution authorizing and directing the sale of not to exceed $47,000,000 City and County general obligation bonds (Educational Facilities Bonds, 1997 San Francisco Unified School District), Series 1998C; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale of bonds and notice of intention to sell bonds; directing the publication of official notice of sale and notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds; companion measure to File 170-97-9. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at the February 18, 1998 meeting. File 98-0236. RequestsforHearings: [Zoo Admission for San Francisco Residents] Hearing to consider whether residents of San Francisco should be entitled to free or discounted admission to the San Francisco Zoo. Supervisor Ammiano presented. Referred to Parks and Recreation Committee. File 98-0237. [Sharon Arts Studios] Hearing to consider the plans for Sharon Arts Studios. Supervisor Ammiano presented. Referred to Parks and Recreation Committee. File 98-0238. [Foster Care System] Hearing to consider whether San Francisco’s foster care system is achieving its objectives in protecting dependent children. Referred to Health, Family and Environment Committee. Supervisor Ammiano presented. File 98-0239. Motion Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar February 17, 1998. File 98-0241. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0203. [MOU, Teamsters Local 350] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between Teamsters, Local 350 and the City and County of San Francisco providing that all covered employees be placed into full retirement contribution status effective June 30, 1998 following approval of this ordinance by the Mayor. (Department of Human Resources) Referred to Finance Committee. File 98-0206. [Albertina Curiel v. CCSF, et. al.] Ordinance authorizing settlement of litigation of Albertina Curiel against the City and County of San Francisco by payment of $55,000. (Superior Court No. 980-526). (City Attorney) Referred to Rules Committee. File 98-0207. [William Glass v. Gregory Kazarian, CCSF, et al.] Ordinance authorizing settlement of litigation of William Glass against Gregory Kazarian and the City and County of San Francisco by payment of 69,000. (Superior Court No. 972-719). (City Attorney) Referred to Rules Committee. File 98-0208. [Appropriation, Department of Public Works] Ordinance appropriating $200,000, Department of Public Works, of Broadway Parking Lot Revenues to fund the local share of the cost to do County-wide Transportation Plan for fiscal year 1997-98. RO #97197. (Controller) Referred to Finance Committee. File 98-0209. [Landmark Designation, 1701 Nineteenth Avenue] Ordinance designating 1701 Nineteenth Avenue, the former Shriners Hospital, as Landmark No. 221 pursuant to Article 10 of the Planning Code. (Planning Department) (Planning Commission Resolution No. 14523 adopted January 8, 1998, approving the landmark designation; Landmarks Preservation Advisory Board Resolution No. 499 adopted October 1, 1997, initiating the landmark designation.) Referred to Housing and Neighborhood Services Committee. File 98-0210. [Landmark Designation, 1088 Green Street] Ordinance designating 1088 Green Street, former Engine House No. 31, as Landmark No. 220 pursuant to Article 10 of the Planning Code. (Planning Department) (Planning Commission Resolution No. 14552 adopted January 8, 1998, approving the landmark designation; Landmarks Preservation Advisory Board Resolution No. 498 adopted September 17, 1997, initiating the landmark designation.) Referred to Housing and Neighborhood Services Committee. Resolutions Referred to Committee File 98-0200. [Emergency Repair, 23rd Avenue Sewer Replacement] Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate sewer on 23rd Avenue from Lincoln Way to Irving Street - $221,938. (Public Utilities Commission) Referred to Finance Committee. File 98-0204. [Acquisition of Property, Bayview District] Resolution authorizing acquisition of real property located in the Bayview District identified as Assessor’s Block No. 5328, Lot Nos. 5 thru 9 and 17 thru 23 for $234,375 from the Sharman Living Trust for open space purposes and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee. File 98-0211. [Emergency Repair, Ocean Beach Slope Erosion] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the safety and property of the citizens of San Francisco by performing the necessary work to prevent ocean beach slope erosion threatening roadway loss along the Great Highway between the two national park service parking lots. (Department of Public Works) Referred to Finance Committee. File 98-0212. [General Obligation Bonds, Series 1998A] Motion awarding bonds and fixing definitive interest rates for $20,000,000 taxable General Obligation Bonds (Affordable Housing) Series 1998A. (See File 170-97-10.1). (Mayor’s Office of Finance and Legislative Affairs) Referred to Finance Committee. File 98-0213. [Emergency Repair, Clayton Street Retaining Wall] Resolution authorizing the Director of Public Works to take necessary measures to protect the safety and property of the Citizens of San Francisco by performing the necessary work to remediate damage from the collapse of the Clayton Street retaining wall. (Department of Public Works) Referred to Finance Committee. File 98-0217. [Federal Funding - Community Development] Resolution approving the 1998 Community Development Program, authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s 1998 Community Development Block Grant (CDBG) Entitlement from the U.S. Department of Housing and Urban Development, and program income generated by the San Francisco Redevelopment Agency up to $38,046,000 which include indirect costs of $120,000; approving expenditure schedules for recipient departments and agencies and for indirect costs, and, determining no environmental evaluation is required, authorizing the receipt and deposit in contingencies of 1998 CDBG entitlement funds in excess of $24,969,000. (Mayor’s Office of Community Development) Referred to Finance Committee. File 98-0218. [Federal Funding - Emergency Shelter Grants Program] Resolution approving the 1998 Emergency Shelter Grants Program and Expenditure Schedule and authorizing the Mayor on behalf of the City and County of San Francisco to apply for, accept and expend $984,000 entitlement under the Emergency Shelter Grants Program from the U.S. Department of Housing and Urban Development. (Mayor’s Office of Community Development) Referred to Finance Committee. File 98-0219. [Federal Funding - HOME Program] Resolution authorizing the Mayor of the City and County of San Francisco to apply for, accept and administer grant from the U.S. Department of Housing and Urban Development for a total amount not to exceed $6,585,000 for the HOME Program authorized under Title II of the National Affordable Housing Act of 1990, Public Law Number 101-625, and approving the HOME Program Description as described in the 1998 Action Plan for San Francisco’s Consolidated Plan. Indirect costs associated with the acceptance of these grant funds will be paid by Community Development Block Grant Funds. (Mayor’s Office of Community Development) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that letter of inquiry be sent to Chief of Police regarding the status of the program to ensure police presence on Municipal Railway vehicles. By Supervisor Yaki, that letter be sent to General Manager, Recreation and Park Department, requesting review of capital expenditures and improvements planned for the Joseph Lee Recreation Center in Bayview Hunters Point. By Supervisor Ammiano, that City Attorney prepare appropriate legislation to enact the Health Air and Smog Prevention Act. By Supervisor Ammiano, that letter of inquiry be sent to General Manager, Recreation and Park Department, to determine the feasibility of providing free or reduced admission fee for San Francisco residents at the San Francisco Zoo. File 98-0237. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Beatrice Young (Supervisor Bierman) Hugh Walter Riley (Supervisor Brown) Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 2.56 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on . I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors