Board of Supervisors Minutes: February 17, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Tuesday, February 17, 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 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Quorum present. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Medina, moved that the Journals of Proceedings for Monday, December 15 and December 22, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. COMMUNICATION The Clerk presented COMMUNICATION from the project manager of the City Hall seismic retro fit project concerning the fire at San Francisco City Hall on February 13, 1998. The San Francisco Fire Department did an excellent job. They acted quickly, efficiently and, given the circumstances, with great respect for the historic fabric of City Hall. After preliminary analysis, the damage is mostly due to the necessary actions of the Fire Department personnel in their efforts to control the spread of the fire. The costs of repair and delay, if necessary, should be borne by the insurers. It is too early to tell what the cost or time implications may be. The general contractor has been instructed to proceed with all necessary repair work. SuspensionoftheRules Supervisor Bierman, seconded by Supervisor Ammiano, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 10. PresentationofGuests Supervisor Bierman introduced and welcomed representatives from the American Red Cross, Ms. Jackie Wright and Ms. Teri Hernandez. Ms. Wright and Ms. Hernandez spoke briefly on the purpose of the American Red Cross, its various programs, its collaboration with the City and County in providing shelters for those in need and to thank all the volunteers of the American Red Cross. CONSENTCALENDAR Severedfrom CONSENTCALENDAR Supervisor Newsom requested that the following measure be severed from the Consent Calendar and considered separately. Recommendationsof EconomicDevelopment,TransportationandTechnologyCommittee Passed on First Reading as Amended [Parking and Traffic, Taxicabs] Ordinance amending Traffic Code, regarding the exemption of taxicabs from turn prohibitions. Sponsor Supervisor Newsom. File 98-0016, Ordinance No. (Amends Section 34.) Supervisor Newsom, seconded By Supervisor Yaki, moved to amend page one, line 19, by inserting "and the Board of Supervisors" before "approves" and delete the "s" from "approves". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Passed on first reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Severedfrom CONSENTCALENDAR Supervisor Medina requested that the following measure be severed from the Consent Calendar and considered separately. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted as Amended [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. Sponsor Supervisor Newsom. File 98-0061, Resolution No. 97-98 (NoLeftTurns,4pm-7pm,MondaythroughFriday-Rescind NoLeftTurns,4pm-7pm,MondaythroughFriday;NoLeftTurns, ExceptTaxis,allothertimes-Establish Mason Street, southbound, at Market Street; Mission Street, eastbound, at 2nd Street; Mission Street, eastbound, at 3rd Street; Mission Street, westbound, at 10th Street; Mission Street, westbound, at 4th Street. NoLeftTurns,7am-9amand4pm-6pm,MondaythroughFriday -Rescind NoLeftTurns,7am-9amand4pm-6pm,MondaythroughFriday; NoLeftTurns,ExceptTaxis,allothertimes-Establish 4th Street, northbound, at Townsend Street. Diamond(busesandcarpoolsonly)Lane,4pm-6pm,Monday throughFriday-Rescind Diamond(busesandcarpoolsonly)Lane,4pm-7pm,Monday throughFriday-Establish Sacramento Street, north curb lane (westbound), between Drumm Street and Kearny Avenue (change in effective hours only). Tow-Away,NoStopping,3pm-6pm,MondaythroughFriday-Rescind Tow-Away,NoStopping,3pm-6pm,MondaythroughFriday- Establish Pine Street, north side, between Jones and Front Streets (change in effective hours only). Tow-Away,NoStopping,3pm-6pm,MondaythroughFriday-Rescind Pine Street, north side, between Leavenworth and Jones Streets. Tow-Away,NoStopping,7am-9amand4pm-7pm,Mondaythrough Friday-Rescind King Street, south side, from 4th Street to 660 feet westerly (660-foot zone). Tow-Away,NoStoppinganytime-Rescind King Street, south side, from 5th Street to 160 feet easterly (160-foot zone). Tow-Away,NoStoppinganytime-Establish King Street, south side, between 4th and 5th Streets. Tow-Away,NoStopping,3pm-6pm,MondaythroughFriday-Rescind Tow-Away,NoStopping,3pm-7pm,MondaythroughFriday- Establish Kearny Street, west side, between Market and Sutter Streets (change in effective hours only); New Montgomery Street, east side, between Market and Howard Streets (change in effective hours only); New Montgomery Street, west side, between Mission and Howard Streets (change in effective hours only).) Supervisor Medina, seconded by Supervisor Newsom, moved to amend page one, line 6, after "turns" by inserting "4 pm - 7 pm, Monday through Friday". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Severedfrom CONSENTCALENDAR Supervisor Teng requested that the following measure be severed from the Consent Calendar and considered separately. RecommendationsofHousingandNeighborhoodServicesCommittee Referred to Finance Committee [Library Fiscal Sponsorship Agreement] Resolution authorizing the Acting City Librarian to enter into an agreement with the Friends of the Public Library ("Friends") for the Friends to provide fiscal sponsorship services for the Library, which agreement requires the City to indemnify the Friends with respect to personnel and activities which receive funding from the Friends under the agreement. (Public Library) File 172-97-80, Resolution No. Supervisor Teng, seconded by Supervisor Medina, moved to refer to Finance Committee. Motion to refer to Committee adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. The Board thereupon resumed its consideration of the following items on the Consent Calendar. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 69-98 Finally passed. [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. 70-98 Finally passed. [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. 71-98 Finally passed. Adopted [Prop. J Contract, Security Guard Services] Resolution retroactively concurring with the Controller’s certification that security services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) File 98-0129, Resolution No. 103-98 Adopted. [Prop. J Contract, Janitorial Services] Resolution retroactively concurring with the Controller’s certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) File 98-0130, Resolution No. 104-98 Adopted. [John Muir Drive Emergency Authorization] Resolution concurring with and supporting the Director of the Department of Public Works finding and declaring a public emergency; urging said Director to take necessary measures in the most expeditious manner to protect the public safety, health, welfare, and property of citizens of San Francisco with regard to the dangerous condition created by the unstable conditions on John Muir Drive; and authorizing the Director of the Department of Public Works to enter into agreements of indemnity based on this emergency at John Muir Drive. (Department of Public Works) File 98-0155, Resolution No. 105-98 Adopted. Recommendationsof EconomicDevelopment,TransportationandTechnologyCommittee Finally Passed [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. (Public Transportation Commission) File 97-97-75, Ordinance No. 65-98 (Adds Section 8.30.) Finally passed. [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. 66-98 (Amends Sections 3.2, 127, 128.1; Repeals Sections 126, 129; Repeals and reenacts Section 128; Adds Section 128-A.) Finally passed. [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. 68-98 (Adds Sections 2A.52 and 2A.53.) Finally passed. [Underground District No. 334] Ordinance creating Underground District No. 334 in the Broad Street/Randolph Street/19th Avenue area. Sponsors Supervisors Medina, Bierman. File 98-0111, Ordinance No. 72-98 Finally passed. [Underground District No. 335] Ordinance creating Underground District No. 335 in the Upper Folsom area. Sponsors Supervisors Medina, Bierman. File 98-0112, Ordinance No. 73-98 Finally passed. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Parking Regulations] Resolution enacting and rescinding parking regulations at various locations. Sponsor Supervisor Newsom. File 98-0060, Resolution No. 96-98 (ResidentialPermitParkingArea"C"(2-HourTimeLimit,8am-9 pm,MondaythroughSaturday)-Rescind ResidentialPermitParkingArea"C"(2-HourTimeLimit,8am-10 pm,MondaythroughSaturday)-Establish Pine Street, north side, between Jones and Stockton Streets (change in effective hours only).) Adopted. [Grant - Federal Funds] Resolution authorizing Municipal Court to retroactively apply for, accept and expend grant funding in the amount of $299,562.00 from the Office of Justice Programs to underwrite the cost of the San Francisco Drug Court Enhancement Initiative for the period September 29, 1997, to September 30, 1998. (Municipal Court) File 98-0009, Resolution No. 93-98 Adopted. [Grant - Major Narcotic Vendor Prosecution] Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds in the amount of $135,501 made available through the Office of Criminal Justice Planning for a project entitled "Major Narcotic Vendor Prosecution Program’ for the twelve month period of July 1, 1997, through June 30, 1998. Sponsors Supervisors Teng, Medina. File 98-0055, Resolution No. 94-98 Adopted. [Grant - State Funds] Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds in the amount of $427,388 which include indirect costs of $20,352 from the Office of Criminal Justice Planning for the "Victim and Witness Assistance Program" for the twelve month period of July 1, 1997 through June 30, 1998. Sponsors Supervisors Teng, Medina. File 98-0081, Resolution No. 99-98 Adopted. [Grant - State Funds] Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds in the amount of $95,000 available through the Office of Criminal Justice Planning for a project entitled "Special Emphasis Victim Assistance Program-Surviving Victims of Homicide" for the twelve month period July 1, 1997, through June 30, 1998, and waiving indirect cost due to funding constraints. Sponsors Supervisors Teng, Medina. File 98-0083, Resolution No. 100-98 Adopted. [Grant - State Funds] Resolution authorizing the District Attorney to retroactively apply for, accept and expend grant funds not to exceed the amount of $150,000 including indirect cost not to exceed the amount of $7,500 made available through the California Office of Criminal Justice Planning for the operation of the "Statutory Rape Vertical Prosecution Program" for the twelve month period August 9, 1997, through August 8, 1998. Sponsors Supervisors Teng, Medina. File 98-0084, Resolution No. 101-98 Adopted. RecommendationsofRulesCommittee Passed on First Reading [Hazel Louise Ellis v. CCSF et al.] Ordinance authorizing settlement of litigation of Hazel Louise Ellis against the City and County by payment of $185,000. (City Attorney) File 98-0164, Ordinance No. (Superior Court No. 976-607.) Passed on first reading. [Tamilia Gorman/Alexander Rabey v. CCSF et al.] Ordinance authorizing settlement of litigation of Tamilia Gorman and Alexander Rabey against the City and County by payment of $27,000. (City Attorney) File 98-0165, Ordinance No. (Superior Court No. 961-655.) Passed on first reading. [Carol McGee v. CCSF et al.] Ordinance authorizing settlement of litigation of Carol McGee against the City and County by payment of $70,000. (City Attorney) File 98-0166, Ordinance No. (Superior Court No. 980-710.) Passed on first reading. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationofFinanceCommittee Finally Passed (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. 67-98 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Annual Appropriation Ordinance Amendment] Ordinance amending Ordinance 345-97 (Annual Appropriation Ordinance) relating to additional services by the Department of Public Health. Sponsors Supervisors Kaufman, Katz, Yaki, Teng, Brown, Medina. File 98-0175, Ordinance No. (Adds Section 12.4.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. In connection with the above item, Supervisor Medina requested to be added as co-sponsors. [Competitive Bidding Exemption] Ordinance waiving competitive bid requirements for the Recreation and Park Commission’s award of a Public Works contract to the San Francisco Conservation Corps for performance of restoration activities in designated Significant Natural Resource Areas. (Recreation and Park Department) File 98-0102, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Special Bond Election, June 2, 1998] Ordinance calling and providing for a special election to be held in the City and County on Tuesday, June 2, 1998, for the purpose of submitting to the voters of the City and County a proposition to incur bonded indebtedness of the City and County in the principal amount of $89,900,000 for the acquisition, construction and/or reconstruction of a new museum facility in Golden Gate Park to replace the M. H. de Young Memorial Museum, including funding for improvements to Golden Gate park in the areas appurtenant to, or which provide access to, the de Young Museum; finding that the estimated cost of such proposed project 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 expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; waiving the time limit requirements of Section 2.34 of the Administrative Code relating to time of adoption of this resolution before the election; waiving certain requirements of Administrative Code Sections 2A.52 and 2A.53 relating to the requirement for General Plan referral reports; waiving the requirements of Sections 2.30-1, 3.20, 3.21 and 3.22 relating to submission of proposed capital improvement projects to the Capital Improvement Advisory Committee; waiving the requirements of Section 305 of the Municipal Elections Code relating to rules for submission of ordinances and charter amendments by the Board of Supervisors; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; consolidating the special election with the consolidated municipal primary election already scheduled for June 2, 1998; providing that the election precincts, voting places and officers for election shall be the same as for the consolidated municipal primary election scheduled for June 2, 1998; and waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510. Sponsors Supervisors Yaki, Teng, Yee, Katz, Brown, Kaufman, Newsom. File 98-0108, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [Sale of Real Property] Resolution approving and authorizing an agreement between the City and County, John L. Dominge, and the University of San Francisco (USF), as sellers, and Charles Figg and Lenore Schreiber, as buyer, providing for the sale of certain real property located at 365-67-69 Haight Street and 60 Laussat Street, San Francisco, including the City’s undivided five-twelfths interest in such property, which was bequeathed to the City under the estate of John B. Fortunio, for a total gross sales price of $619,000; finding that competitive bidding would be impractical or impossible for the sale of this property; adopting findings that the sale is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and ratifying prior acts. (Real Estate Department) File 98-0104, Resolution No. 102-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. RecommendationsofHousingandNeighborhoodServicesCommittee Passed on First Reading [Apartment Unit Conversion] Ordinance amending the Administrative Code to increase the minimum rental term from a daily term to a term of at least 30 days, to provide specified administrative, civil and criminal penalties for violations of this chapter (Apartment Unit Conversion). Sponsors Supervisors Teng, Katz, Yaki, Brown, Medina. File 97-97-34.1, Ordinance No. (Amends Sections 41A.4 and 41A.5; Adds Section 41.A8.) Passed on first reading by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Noes: Supervisor Ammiano, Bierman-2. [Moratorium on Cabaret Licenses] Ordinance amending the Police Code to create a moratorium on the issuance of cabaret permits for two years within the area bounded by Bush Street to the north, O’Farrell Street to the south, Taylor Street to the east and Van Ness Avenue to the west. Sponsors Supervisors Medina, Teng. File 110-97-1, Ordinance No. (Adds Section 1070.26.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Extended-Hours Premises] Ordinance amending Police Code to substitute the term "Extended-Hours Premises" for "Cabaret" and to conform terminology to the 1996 Charter. Sponsors Supervisors Medina, Teng. File 121-97-9, Ordinance No. (Amends Sections 1070, 1070.1, 1070.3, 1070.5, 1070.7, 1070.8, 1070.12, 1070.13, 1070.16, 1070.17, 1070.19, 1070.20-1, 1070.21, and 1070.23.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [Indemnification Agreement, DPH-UCSF] Resolution authorizing the Director of Health to execute an agreement with the Regents of the University of California, San Francisco, for the provision of clinical and quality assurance services by a medical director and assistant medical director for the Fire Department’s emergency medical services, including an indemnification provision and an exception and waiver to Chapter 12B, as approved by the Human Rights Commission. (Department of Public Health) File 172-97-79, Resolution No. 89-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Liquor License, 1528 Franklin Street] Resolution determining that the issuance of a Type 21 off-sale general alcoholic beverage license to Yohannes Petros, for Franklin Market located at 1528 Franklin Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-26, Resolution No. 90-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Liquor License at 473/479 Broadway] Resolution determining that the issuance of a Type 48 on-sale general-public premises alcoholic beverage control license to Max R. Young and Sam R. Young for the Hi-ball Lounge located at 473 Broadway Street and adjoining building at 479 Broadway, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-38, Resolution No. 91-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Liquor License, 1080 Dolores Street] Resolution determining that the issuance of a Type 17 beer and wine wholesaler, and Type 20 off-sale beer and wine licenses to Michael and Anne Dashe for "Dashe Cellars, LLC" located at 1080 Dolores Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0003, Resolution No. 92-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Consideration Continued [Liquor License Transfer, 1745 Folsom Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 2712 Mission Street (Walgreen Company) to 1745 Folsom Street (Rainbow Grocery) will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. Sponsor Supervisor Teng. File 98-0151, Resolution No. Supervisor Teng, seconded by Supervisor Medina, moved to continue consideration to February 23, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [Grant - San Francisco Drug Abatement Program] Resolution authorizing retroactively the District Attorney, Chief of Police, Sheriff, and Chief Adult Probation Officer to apply for, accept, and expend funds in the amount of $715,469 made available through the Office of Criminal Justice Planning for a project entitled "San Francisco Drug abatement Program" for the twelve month period July 1, 1997, through June 30, 1998. Sponsors Supervisors Teng, Medina. File 98-0056, Resolution No. 95-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. RecommendationofRulesCommittee Adopted [Meeting Schedule] Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the November 30, 1998 and December 28, 1998 meetings and by canceling all board and committee meetings from August 25, 1998 through September 13, 1998, and by rescheduling the September 21, 1998 meeting to September 22, 1998. Sponsor Supervisor Kaufman. File 98-0080, Resolution No. 98-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. SPECIALORDER3:00P.M. Tabled [Public hearing] Hearing of persons interested in or objecting to report of delinquent payment of Transit Impact Development Fee on property located at 1141-1145 Market Street, and imposing a special assessment lien on said property pursuant to the provisions of Sections 38.11, et seq. of the Administrative Code. File 159-97-1 (December 22, 1997 - Consideration continued to February 17, 1998.) (This hearing was continued on December 22, 1997 because at the time litigation was pending. The settlement of that litigation was approved by the Board of Supervisors on January 20, 1998 (Resolution No. 29-98). The Clerk of the Board and the City Attorney’s office suggest the Board table this matter and not hold the hearing.) Supervisor Teng, seconded by Supervisor Medina, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. FromPublicTransportationCommission Tabled [Delinquent Transfer Impact Development Fee] Resolution confirming report of delinquent payment of Transit Impact Development Fee on property located at 1141-1145 Market Street, and imposing a special assessment lien on said property pursuant to the provisions of Sections 38.11, et seq. of the Administrative Code. File 159-97-1, Resolution No. (December 22, 1997 - Consideration continued to February 17, 1998.) Supervisor Medina, seconded by Supervisor Teng, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. COMMITTEEREPORTS RecommendationofHealth,FamilyandEnvironmentCommittee Passed on First Reading [MBE/WBE/LBE Ordinance - III Extension] Ordinance amending Administrative Code 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). Sponsor Supervisor Katz. File 98-205, Ordinance No. (Adds Section 12D.2-4; Amends Sections 12D.9(A), 12D.10(A), 12D.11(A), 12D.11(A)-(1) and 12D.15(G).) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, Muni, seniors, disabled, hotelization ordinance; Jesus Gumban, employment issue; Virginia Handley, cruelty to animals for food; Tom Malone, 10th avenue and Fulton Playground; Victor Maneti, Multi-Lateral Agreement. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ConferencewithCityAttorney AnticipatedLitigation AsDefendant Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a defendant) related to the City’s consideration of an extension of the MBE/WBE/LBE Ordinance-III, and further related to the consideration of any additional amendments to this ordinance. This closed session would be permitted by Government Code Section 54956.9(b). Supervisor Yaki, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Recess The Board recessed at the hour of 3:24 p.m. to convene in closed session pursuant to above motion. ReconveningoftheBoard The Board, at the hour of 4:01 p.m., reconvened. Supervisor Katz was noted present at 4:06 p.m. ReportonClosedSession Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney regarding anticipated litigation (City anticipated to be a defendant) related to the City’s consideration of an extension of the MBE/WBE/LBE Ordinance-III, and further related to the consideration of any additional amendments to this ordinance, pursuant to Government Code Section 54956.9(b). The meeting was informational only and no action was taken. Adopted Motion that the Board finds that it is in the best interest of the public that the Board elects at this time not to disclose its closed session deliberations concerning the anticipated litigation listed above. Supervisor Medina, seconded by Supervisor Teng, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to Committee. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Tabled [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). Sponsors Supervisors Ammiano, Bierman. File 98-0231, Resolution No. (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Supervisor Ammiano, seconded by Supervisor Newsom, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Health, Family and Environment Committee [Supporting San Francisco Oversight] Resolution expressing San Francisco’s opposition to International, Federal and State agreements that restrict local government’s ability to impose sanctions on organizations and entities that do not comply with San Francisco Human Rights requirements. Sponsors Supervisors Ammiano, Brown, Bierman. File 98-0242, Resolution No. (February 11, 1998 - Referred in Board for consideration on February 17, 1998.) At the request of Supervisor Ammiano, referred to Health, Family and Environment Committee. In connection with the above item, Supervisors Brown, Bierman requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commend Amelia Ashley-Ward] Resolution commending Amelia Ashley-Ward for her excellent leadership and outstanding commitment to civil rights. Sponsors Supervisors Brown, Medina, Teng, Bierman, Katz. File 98-0226, Resolution No. 106-98 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. In connection with the above item, Supervisors Medina, Teng, Bierman, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Brown, Medina, Teng, Bierman, Katz. File 98-0227, Resolution No. 107-98 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. In connection with the above item, Supervisors Medina, Teng, Bierman, Katz requested to be added as co-sponsors. [Proclaim YMCA Youth and Government Day] Resolution declaring February 12, 1998 as YMCA Youth and Government Day. Sponsors Supervisors Yaki, Medina, Newsom, Teng, Bierman, Brown, Katz. File 98-0228, Resolution No. 108-98 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. In connection with the above item, Supervisors Medina, Newsom, Teng, Bierman, Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Medina, Newsom, Bierman, Brown, Katz. File 98-0229, Resolution No. 109-98 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. In connection with the above item, Supervisors Medina, Newsom, Bierman, Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Newsom, Teng, Katz. File 98-0230, Resolution No. 110-98 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. In connection with the above item, Supervisors Teng, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee. File 98-0241, Motion No. M98-23 (February 9, 1998 - Introduced in Board for consideration on February 17, 1998.) Adopted. [Final Map] Motion approving final map of 245-255 Central Avenue, a Residential Condominium Project, being a subdivision of Lot 36 in Assessor’s Block No. 1222, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0222, Motion No. M98-22 (February 6, 1998 - Referred in Board for consideration on February 17, 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, Newsom, Teng, Yaki, Yee-10. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Appropriation, Sheriff’s Department] Ordinance appropriating $208,400, Sheriff’s Department, from the General Fund Reserve for overtime and professional services to continue the Resolve to Stop the Violence Program (RSVP), for fiscal year 1997-98; companion measure to File 98-0255 RO #97207. Supervisor Katz presented. Referred to Finance Committee. File 98-0254. [Appropriation, Sheriff’s Department] Ordinance appropriating $275,240, Sheriff’s Department, from the General Fund Reserves and Jail Overcrowding Fine Fund for the Resolve to Stop the Violence Project (RSVP), mentor court, and community residential treatment beds for fiscal year 1997-98, reserving $55,240 pending receipt of Jail Overcrowding Fine Funds; companion to File 98-0254. RO #97205. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0255. [Appropriation, Board of Supervisors] Ordinance appropriating and rescinding $103,779, Board of Supervisors, from Board of Supervisors salaries for training, professional services, equipment maintenance and equipment, for fiscal year 1997-98. RO #97206. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0256. [Committee Meeting Observer] Ordinance amending Administrative Code Section 67.3 to allow non-committee members of a policy body to attend a committee meeting as observers without converting the committee meeting into a meeting of the policy body. Supervisors Kaufman, Teng, Medina, Brown presented. Referred to Rules Committee. File 98-0258. [Public Pay Telephone Revenues] Ordinance amending Public Works Code Section 957 to increase the amount of revenues from pay telephones on public sidewalks paid to the City and County of San Francisco. Supervisor Newsom presented. Referred to Finance Committee. File 98-0259. [Public Artworks, Historic Landmarks] Ordinance amending Planning Code Section 149 to add historic landmarks to the list of authorized uses of the one percent set aside for public artwork, provided however that said use for historic landmarks terminates three years from the effective date of this ordinance. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 98-0260. Referred to Board [Commend Emerson Chin] Resolution commending Emerson Chin for his commitment, dedication and valuable contributions to the community. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0261. [Commend Walgreens Corporation] Resolution commending Walgreens Corporation for its efforts to educate women in helping to prevent osteoporosis and accepting their generous gift to provide these free services (osteoporosis and cholesterol testing) in collaboration with the Department of Public Health. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0262. [Commend Economic and Goodwill Mission, Vietnam] Resolution commending the Economic and Goodwill Mission Delegation on a successful trip to Hanoi and Ho Chi Minh City, Vietnam and the work of the San Francisco-Ho Chi Minh City Committee and urging the San Francisco International Airport to establish a route between Vietnam and San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0263. [Commend HIV Vaccine Volunteers] Resolution commending the 33 San Franciscans who have willingly volunteered to test the HIV vaccine and supporting further HIV vaccine research. Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0264. [Commend Steve Cozza] Resolution commending Steve Cozza, Boy Scout, for his crusade to stop the Boy Scouts of America for its discriminatory practices against gays. Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0265. [Commend Rita Harmon] Resolution recognizing the leadership and dedication of Rita Harmon, Executive Director of Leadership California. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0266. [Proclaim St. Francis of Assisi Day] Resolution declaring February 22, 1998 St. Francis of Assisi Day to commemorate the reopening of the St. Francis of Assisi Church, site of the shrine to St. Francis. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0267. [James Hormel] Resolution endorsing President Clinton’s nomination of James Hormel to the post of Ambassador to Luxembourg and urging Senate Majority Leader Treat Lott to bring his nomination to the Senate floor for a vote. Supervisors Newsom, Ammiano, Katz, Yee, Bierman, Brown, Kaufman, Medina, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0268. [Ron Unz Initiative/English for Children] Resolution declaring the City and County of San Francisco to be opposed to the Ron Unz Initiative, also known as the "English for the Children" Initiative. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0269. Referred to Committee [State Funds, Emergency Management Assistance] Resolution authorizing designated City and County officials to execute and file, on behalf of the City and County, an application for State financial assistance under the Emergency Management Assistance Program. Supervisor Medina presented. Referred to Housing and Neighborhood Services Committee. File 98-0270. [Street Artist Selling Spaces] Resolution designating as permanent selling spaces for street artist certified by the Art Commission, ten former temporary spaces on Beach, north side, Larkin to Polk Streets, as designated in Resolution Nos. 572-77, 887-78, 932-79 and 849-80. Supervisor Teng presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0271. Referred to Board [Manila, Philippines] Resolution supporting the Mayor’s efforts in developing economic and cultural relationship with Manila, Philippines and urging the City departments to explore professional and managerial training opportunities with Manila as an overall effort to expand San Francisco business opportunities in Asia. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0272. [Highway Name, Veterans Boulevard] Resolution urging the State Department of Transportation to designate a portion of State Highway Route 1 as "Veterans Boulevard". Supervisors Yee, Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0273. [Ban Import of Bullfrogs and Live Turtles] Resolution urging the State Fish and Game Commission to postpone making a decision on a proposed ban on the importation of bullfrogs and live turtles for food into California until sufficient input of the affected parties, particularly the Chinese American Community, has been obtained. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0274. [Proposition 215 Implementation Policies] Resolution requesting pertinent City agencies formulate policies/ordinances on the implementation of the legal aspects of Proposition 215 (medical marijuana initiative). Supervisors Ammiano, Katz, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0275. Referred to Committee [State Funds, Clean Air] Resolution authorizing the Director of Administrative Services to accept and expend $286,220 from the Transportation Fund for Clean Air for alternative fuel vehicles; and authorizing the Director of Administrative Services to execute an agreement with the Bay Area Air Quality Management District whereby the City would indemnify the district from claims resulting from the City’s performance of said agreement. Supervisors Ammiano, Bierman presented. Referred to Health, Family and Environment Committee. File 98-0276. RequestsforHearings: [Signage Change, Army/Cesar Chavez] Hearing to consider the status of implementation of signage change at Army/Cesar Chavez Streets. Supervisors Ammiano, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0277. [Miscarriage Rates/Chlorine in Tap Water] Hearing to consider the State Department of Health Services’ study which finds a correlation between high rates of miscarriage and the drinking of tap water. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 98-0278. [Dog Runs] Hearing to consider the needs of dog owners for off-leash areas to run their dogs in park areas. Supervisor Brown presented. Referred to Parks and Recreation Committee. File 98-0279. Motion: Referred to Board [Winter Storms 1998 Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the 1998 winter storms. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 23, 1998. File 98-0281. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0243. [Appropriation, District Attorney] Ordinance appropriating $292,932, District Attorney, of public protection grant funds to purchase new computer equipment, office furniture, automobiles, law books, and for facility maintenance for fiscal year 1997-98. RO #97196. (Controller) Referred to Finance Committee. File 98-0244. [Appropriation, Mayor’s Office] Ordinance appropriating $114,363, Mayor’s Office, of Citizens’ Option for Public Safety (COPS) Program Revenue to fund the acquisition, installation and expansion of Video Surveillance Systems Program on MUNI vehicles for fiscal year 1997-98. RO #97190. (Controller) Referred to Finance Committee. Resolutions Referred to Committee File 98-0223. [State Child Care Contract] Resolution authorizing retroactively the execution of contract between the City and County of San Francisco and the State of California Department of Education in the amount of $52,404 for participation by the City and County in the State’s Child Care and Development Program for fiscal years 1996-1997 and 1997-98. (Department of Human Services) Referred to Health, Family and Environment Committee. File 98-0245. [Lease Renewal, S.F. Convention/Visitors Bureau] Resolution authorizing and approving a negotiated lease with the San Francisco Convention and Visitors Bureau, without competitive bidding, for space in the Benjamin H. Swig Pavilion, Hallidie Plaza. (Real Estate Department) Referred to Finance Committee. File 98-0246. [BART/Airport/State Joint Use Agreement] Resolution approving the Joint Use and Maintenance Agreement for that portion of the BART San Francisco Airport extension within the State of California Highway right of way which is by and between City and County of San Francisco, acting by and through its Airport Commission, BART, and the State of California. (Also see Files 27-96-13, 27-96-13.1, 98-0001). (Airport Commission) Referred to Finance Committee. File 98-0247. [State Grant - Career Criminal Prosecution] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $197,178 made available through the Office of Criminal Justice Planning for a project entitled "Career Criminal Prosecution" for the twelve month period of July 1, 1997 through June 30, 1998. (Mayor’s Office of Criminal Justice Council) Referred to Housing and Neighborhood Services Committee. File 98-0248. [State Grant - Elder Abuse] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $95,000 available through the Office of Criminal Justice Planning for a project entitled "Elder Abuse Special Emphasis Victim Assistance Program" for the twelve month period July 1, 1997 through June 30, 1998, and waiving indirect cost due to funding constraints. (Mayor’s Office of Criminal Justice Council) Referred to Housing and Neighborhood Services Committee. File 98-0249. [State Grant - Spousal Abuser Prosecution Program] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds not to exceed $132,000 with no indirect costs available through the California Department of Justice for a project entitled "Spousal Abuser Prosecution Program" for the twelve month period July 1, 1997 through June 30, 1998. (Mayor’s Office of Criminal Justice Council) Referred to Housing and Neighborhood Services Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that letter be sent to Controller requesting report on the financial status of five cities comparable to San Francisco, including the level of reserve fund and emergency reserve fund. By Supervisor Ammiano, that letter be sent to Director of Health Services requesting clarification, in cases where domestic partners of City employees are covered by the City Health Plan and by Medicare, which program is the primary insurer. By Supervisor Bierman, that letter of inquiry be sent to Director, Department of Building Inspection, to determine the status of legislation prepared by the Office of Emergency Services that would include San Francisco in the Federal Emergency Management Agency’s National Flood Insurance program. By Supervisor Brown, that letter be sent to Director, Department of Public Health, to inquire what steps the department is taking to deal with the proliferating rat population and whether such efforts can be executed in harmony with the integrated pest management ordinance. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Ron Ferris Sponsor Supervisor Kaufman. George Rehmet Sponsor Supervisor Bierman. Frederick Georges Sponsor Supervisor Yaki. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:08 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