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CITY AND COUNTY OF SAN FRANCISCO
BOARD OF SUPERVISORS
Monday, March 16, 1998
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF JOURNAL
COMMUNICATIONS
SPECIAL ORDER 2:00 P.M.
Recommendation of Finance Committee
Present: Supervisors Teng, Kaufman, Newsom
No. 1.
[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition “A”, a bond
measure concerning de Young Museum. (Supervisor Yaki)
File 98-0329, Motion No.
Question on adoption
Recommendations of Rules Committee
Present: Supervisors Ammiano, Yee
No. 2.
[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition “B”, a charter
amendment concerning increasing the salary of members of the Board of Supervisors from
$23,924 per year to $37,585. (Supervisor Ammiano)
File 285-97-2, Motion No.
Question on adoption
March 16, 1998 - l -
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Present: Supervisors Ammiano, Yee, Brown
No. 3.
[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition “C”, charter
amendment concerning Water Department revenue fund requirements. (Supervisor
Kaufman)
File 287-97-2, Motion No.
Question on adoption
Present: Supervisors Ammiano, Yee
No. 4.
[Ballot Argument]
Motion authorizing proponent’s ballot argument in favor of Proposition ‘D”, charter
amendment concerning low cost environmental loans. (Supervisor Kaufman)
File 286-97-2, Motion No.
Question on adoption
Present: Supervisors Ammiano, Yee, Brown
No. 5.
[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition “F’, an initiative
ordinance concerning City Hall. (Supervisor Kaufman)
File 98-0330, Motion No.
Question on adoption
No. 6.
[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition “G”, an initiative
ordinance concerning Board of Supervisors’ staff. (Supervisor Kaufman)
File 98-0331, Motion No.
Question on adoption
March 16, 1998 -2-
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No. 7.
(Supervisor Yee dissenting in Committee.)
[Ballot Argument]
Motion authorizing opponent’s ballot argument against Proposition “H”, an initiative
ordinance concerning water and sewer rate freeze. (Supervisor Kaufman)
File 98-0332, Motion No.
Question on adoption
CONSENT CALENDAR
No. 8.
All matters listed hereunder constitute a Consent Calendar, are considered to be routine
by the Board of Supervisors and will be acted upon by a single roll call vote of the Board.
There will be no separate discussion of these items unless a member of the Board so
requests, in which event the matter shall be removed from the Consent Calendar and
considered as a separate item.
Recommendations of Finance Committee
Present: Supervisors Teng, Kaufman, Newsom
(a)
[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. (Controller)
File 98-0243, Ordinance No.
(Fiscal Impact.)
Question on final passage.
(b)
[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. (Controller)_
File 98-0244, Ordinance No.
Question on final passage.
March 16, 1998 -3-
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(c)
[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. (Supervisor
Katz)
File 98-0254, Ordinance No.
(Fiscal Impact.)
Question on final passage.
(d)
[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 measure to File
98-0254. (Mayor Willie L. Brown, Jr.)
File 98-0255, Ordinance No.
(Fiscal Impact.)
Question on final passage.
(e)
[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. (Mayor Willie L. Brown, Jr.)
File 98-0256, Ordinance No.
Question on final passage.
[Lease of Property at 3801 Third Street]
Resolution authorizing the lease of real property at 3801 Third Street, Suites 110, 220 and
230, for the Department of Human Services to permit the relocation of 31 existing
positions in order to be located in the Bayview community at a location that is closer to
the clients in the community being served. (Real Estate Department)
File 98-0318, Resolution No.
Question on adoption.
March 16, 1998 - 4 -
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. . . I
Recommendations of
Economic Development. Transportation & Technology Committee
Present: Supervisors Yaki, Katz
[Underground District No. 329]
Ordinance creating Underground District No. 329 in the Liberty Hill area. (Supervisor
Medina)
File 98-0063, Ordinance No.
(District covering 20th Street from Church Street to Guerrero Street, Liberty Street
from Church Street to Valencia Street; 21st Street from Church Street to Valencia
Street, Dolores Street from 20th Street to 21st Street, Hill Street from Castro Street
to Church Street; 22nd Street from Castro Street to Sanchez, and Noe Street from
21st Street to 22nd Street.)
Question on final passage.
[Underground District No. 330]
Ordinance creating Underground District No. 330 in the Laidley Street area. (Supervisor
Medina)
File 98-0064, Ordinance No.
(District covering Laidley Street from the northerly line of Miguel Street to the
southerly line of 30th Street; Laidley Street from the southerly line of Roanoke Street
to the easterly line of Castro Street; Fairmount Street from the westerly line of
Whitney Street to the easterly line of Laidley Street; Surrey Street from the westerly
line of Castro Street to the southerly line of Thor Avenue; and Roanoke Street from
the southerly line of Bemis Street to the northerly line of Laidley Street.)
Question on final passage.
(i)
[Underground District No. 331]
Ordinance creating Underground District No. 331 in the Texas and 19th Street area.
(Supervisor Medina)
File 98-0142, Ordinance No.
(District covering Texas Street from the southerly line of 18th Street to the northerly
line of 20th Street; Mississippi Street from the southerly line of 18th Street to the
northerly line of 20th Street; 19th Street from the easterly line of Missouri Street to
the westerly line of Pennsylvania Street; 20th Street from the easterly line of
Missouri Street to the westerly line of Pennsylvania Street.)
Question on final passage.
March 16, 1998 -5-
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[Underground District No. 332]
Ordinance creating Underground District No. 332 in the Duncan and Newberg Street area.
(Supervisor Medina)
File 98-0143, Ordinance No. I
(District covering Duncan Street from the westerly line of Noe Street to easterly line
of Douglass Street; Castro Street from the southerly line of 27th Street to dead end .
north of 28th Street, Newberg Street all.)
Question on final passage.
(k)
[Underground District No. 333]
Ordinance creating Underground District No. 333 in the Shotwell and Montezuma Street
area. (Supervisor Medina)
File 98-0144, Ordinance No.
(District covering Shotwell Street from the northerly line of Stoneman Street to the
southerly line of Mirabel Street; Aztec Street from the westerly line of Shotwell
Street to the northerly line of Coso Street, and Montezuma Street from the westerly
line of Shotwell Street to the northerly line of Coso Street.)
Question on final passage.
Recommendation of Parks and Recreation Committee
Present: Supervisors Brown, Newsom, Bierman
(l)
[Skating Advisory Committee]
Ordinance amending the Administrative Code, to establish a Skating Advisory Committee,
with eleven (11) voting members appointed by the Board of Supervisors, responsible for
developing a plan for skating-related improvements, reviewing policies and program
related to skating in the transportation element of the General Plan of the City, and
developing a plan for public outreach. (Supervisor Ammiano)
File 97-97-69, Ordinance No.
(Adds Article XXI, Section 5.210 through 5.212.)
Question on final passage.
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March 16, 1998 -6-
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Recommendations of Rules Committee
Present: Supervisors Ammiano, Yee, Brown
(m)
[Cade-Hill, et al. v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Service Employees International Union,
AFL-CIO, Local 790 and Ernestine Cade-Hill and the City and County by payment of
$27,415.85. (City Attorney)
File 98-0257, Ordinance No.
(Grievance No. 65-0690.)
Question on first reading.
(n)
[Ronald Madarang, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Ronald Madarang against the City and
County by payment of $52,250. (City Attorney)
File 98-0280, Ordinance No.
(Superior Court No. 981-749.)
Question on first reading.
[Rhonda Collins, et al., v. CCSF, et al.]
Ordinance authorizing. settlement of litigation of Rhonda Collins against the City and
County by payment of $l,OOO,OOO. (City Attorney)
File 98-0282, Ordinance No.
(U.S. District Court No. C93-0741.)
Question on first reading.
[Robert Pinckney, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Robert Pinckney against the City and
County by payment of $83,835. (City Attorney)
File 98-0283, Ordinance No.
(U.S. District Court No. C96-0919.)
Question on first reading.
March 16. 1998 - 7 -
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(q)
[CCSF v. Karen Freeman]
Ordinance authorizing settlement of litigation by the City and County of San Francisco
against Karen Freeman by accepting consideration in the total amount of $70,000 payable
in cash and filing satisfaction of judgment. (Treasurer/Tax Collector)
File 98-0312, Ordinance No.
(Superior Court No. 989835.)
Question on first reading.
(r)
[Emily Jean Landsverk, v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Emily Jean Landsverk against the City
and County by payment of $4,000,000. (City Attorney)
File 98-0319, Ordinance No.
(Superior Court No. 985-460.)
Question on first reading.
(s)
[Gift Acceptance]
Resolution authorizing the Public Library to accept a gift from the estate of John J.
Morris not to exceed the amount of $186,801.77 for the purchase of books. (Public Library)
File 98-0314, Resolution No.
Question on adoption.
(t)
[Appointment, Redevelopment Agency]
Resolution confirming the Mayor’s appointment of Ramon Enrique Romero to the San
Francisco Redevelopment Agency. (Mayor)
File 98-0356, Resolution No.
Question on adoption.
Questions on the consent calendar are on first reading, final passage or
adoption as indicated
March 16, 1998 - 8 -
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REGULARCALENDAR
NEW BUSINESS
Recommendations of Finance Committee
Present: Supervisors Teng, Kaufman, Newsom
No. 9.
[Exempt Employment]
Resolution approving the designation of the classification and rank of Q-90 Director of
Police Psychology exempt from the Civil Service provisions of the Charter. (Police
Department)
File 98-0006, Resolution No.
Question on adoption
No. 10.
[Appropriation, Police Department]
Ordinance appropriating and rescinding $4,580, Police Department, for salaries for the
creation of the position of Director of Police Psychology and the deletion of the position
of Lieutenant III for fiscal year 1997-98; companion measure to File 98-0286. (Controller)
File 98-0285, Ordinance No.
Question on first reading
No. 11.
[Salary Ordinance Amendment, Police Department]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Police
Department, reflecting the creation of one new position Q90 Director of Police
Psychology and the deletion of one position 492 Lieutenant III companion measure to File
98-0285. (Department of Human Resources)
File 98-0286. Ordinance No.
Question on first reading
March 16, 1998 - 9 -
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No. 12.
[Appropriation, Trial Courts]
Ordinance appropriating $11,390,709, Trial Courts, of Courthouse Construction Revenue
Fund for professional services and debt service for fiscal year 1997-98. (Controller)
File 98-0323, Ordinance No.
Question on first reading .
No. 13.
[Hotel Tax Exemption]
Ordinance amending Municipal Code, Part III, to raise the rent levels that qualify for
exemption from the transient occupancy tax; this ordinance to expire July 1, 2000.
(Supervisors Kaufman, Teng, Newsom)
File 98-0110, Ordinance No.
(Amends Section 506.)
Question on first reading
No. 14.
management Agreement, Civic Center Plaza Garage]
Ordinance approving form of the Civic Center Plaza Garage Management Agreement and
bid documents, and authorizing and urging the Director of Property to advertise an
invitation for bids for management of the Civic Center Plaza Garage using the approved
bid documents. (Real Estate Department)
File 98-0253, Ordinance No.
Question on first reading
No. 15.
[Lease of Property]
Resolution authorizing a 40-year lease of Public Utilities Commission land between the
City and County and Artichoke Joes, in the City of San Bruno, San Mateo County. (Public
Utilities Commission)
File 65-97-14, Resolution No.
Question on adoption
March 16, 1998 -lO-
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No. 16.
[Window Bar Safety Funding]
Resolution urging the Building Inspection Commission to direct the Director of Building
Inspection to identify sources of funds, including but not limited to the Code Enforcement
Rehabilitation Fund, to be used to enable low income homeowners and tenants to install
releasable window bars and doors in their homes. (Supervisors Newsom, Katz, Kaufman,
Teng)
File 228-97-2, Resolution No.
Question on adoption
No. 17.
[BART/Airport Development and Easement Agreements]
Resolution approving the Airport Project Development Agreement and Easement
Agreement for West Bayshore, each of which is by and between the City and County,
acting by and through its Airport Commission, and Bay Area Rapid Transit System (BART).
File 98-0001, Resolution No.
Question on adoption
No. 18.
[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; companion measure to File
98-0001. (Airport Commission)
File 98-0246, Resolution No.
Question on adoption
No. 19.
[UCSF Land Donation, CEQA Findings]
Resolution adopting environmental findings (and a statement of overriding considerations)
pursuant to the California Environmental Quality Act and state guidelines in connection
with certain documents relating to the conveyance of land to the Regents of the
University of California to be developed for university purposes; companion measure to
Files 98-0183 and 98-0184. (Supervisors Yaki, Teng)
File 98-0182, Resolution No.
Question on adoption
March 16, 1998 - ll-
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No. 20.
[UCSF Property Donation Conveyance]
Resolution approving and authorizing the conveyance, for no consideration, to the Regents
of the University of California, of approximately 1.34 acres of present and former street
areas at 16th and 6th Streets to be developed for university purposes; adopting findings ,
that the conveyance is consistent with the City’s General Plan and eight priority policies
of Planning Code Section 101.1; and ratifying prior acts; companion measure to Files
98-0182 and 98-0184. (Supervisors Yaki, Teng)
File 98-0183, Resolution No.
(Fiscal Impact.)
(NOTE: Pursuant to 15 California Code of Regulations, Section 15168(e), this item is
considered to be within the scope of the Long Range Development Plan approved
earlier by the Regents of the University of California. It is suggested that the
Program-level Final Environmental Impact Report prepared for the Long Range
Development Plan adequately describes this item for purposes of the California
Environmental Quality Act.)
Question on adoption
No. 21.
[UCSF Donation, Public Trust Agreement]
Resolution finding and determining that the conveyance to the Regents of the University
of California of certain real property located near Sixth and 16th Streets is authorized by
and consistent with the provisions of Chapter 1143 of the Statutes of 1991, as amended;
approving an agreement; and ratifying past acts; companion to Files 98-0182 and 98-0183.
(Supervisors Yaki, Teng)
File 98-0184, Resolution No.
(Fiscal Impact.)
(NOTE: Pursuant to 15 California Code of Regulations, Section 15168(e), this item is
considered to be within the scope of the Long Range Development Plan approved
earlier by the Regents of the University of California. It is suggested that the
Program-level Final Environmental Impact Report prepared for the Long Range
Development Plan adequately describes this item for purposes of the California
Environmental Quality Act.)
Question on adoption
March 16, 1998 - 12-
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No. 22.
[Public Library Fine Amnesty]
Resolution authorizing the City Librarian to amnesty library fines in a manner of her
choosing for a two week period designated at her discretion. (Supervisors Kaufman, Teng,
Newsom)
File 98-0315, Resolution No.
Question on adoption
Recommendations of Housing and Neighborhood Services Committee
Present: Supervisors Medina, Yee
No. 23.
[Casket Stores]
Ordinance amending Planning Code defining Mortuary, to include casket stores and other
retail establishments that sell or offer for sale exclusively funerary goods. (Supervisor
Yee)
File 115-97-16, Ordinance No.
(Amends Sections 227, 790.62 and 890.62.)
(From Planning Department Certificate of Determination of Exemption/Exclusion
from Environmental Review dated January 9, 1998. City Planning Commission
Resolution No. 14357 adopted January 22, 1998, recommending the proposed
amendment.)
Question on first reading
No. 24.
Emergency Management Assistance Fund]
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; rescinding Resolution No. 314-92. (Supervisor Medina)
File 98-0270, Resolution No.
Question on adoption
March 16, 1998 - 13 -
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SPECIAL ORDER 3:00 P.M.
No. 25.
[Public Hearing]
Hearing of persons interested in or objecting to vacation and sale of portion of Wawona
Street between 18th and 19th Avenues, Block 2478, Lot 135, and authorizing other official
actions in connection therewith.
File 98-0090
(Pursuant to Board of Supervisors Resolution No. 80-98, approved February 20, 1998.)
(March 9, 1998 - Consideration continued to March 16, 1998.)
Action
From Economic Development. Transportation and Technology Committee
Without Recommendation
Present: Supervisors Y aki, Medina
No. 25a.
[Vacation and Sale - Portion of Wawona Street]
Resolution ordering the vacation and sale of portion of Wawona Street between 18th and
19th Avenues, Block 2478, Lot 135, and authorizing other official actions in connection
therewith. (Real Estate Department)
File 98-0090, Resolution No.
(March 9, 1998 - Consideration continued to March 16, 1998.)
Question on adoption
ROLL CALL FOR INTRODUCTIONS
No. 26.
Roll call for introduction of ordinances, resolutions, charter amendments, requests for
hearings, letters of inquiry, and letters of request to the City Attorney.
March 16, 1998 - 14-
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PUBLIC COMMENT
No. 27.
An opportunity for members of the public to directly address the Board on items of
interest to the public that are within the subject matter jurisdiction of the Board,
including items being considered today which have not been considered by a Board
committee and excluding items which have been considered by a Board committee.
Members of the public may address the Board for up to three minutes. The President or
the Board may limit the total testimony to 30 minutes.
No. 28.
Conference with City Attorney
(a)
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
pending litigation in the case of Carpenter. et.al. vs. City and County of San Francisco,
Case No. 901836MMC in the United States District Court. The closed session will be held
pursuant to Government Code 54956.9(a).
Question on adoption
After a Closed Session. if one occurs
the Board shall adopt motion b or motion c
Motion that the Board finds that it is in the best interest of the public that the Board elect
at this time not to disclose its closed session deliberations concerning the possible
litigation.
Question on adoption
(c)
Motion that the Board finds it is in the public interest to disclose information discussed in
closed session, and directs the President immediately to disclose that information.
Question on adoption
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
No. 29.
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.
March 16, 1998 - 15 -
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[Commend Lee On Dong Association]
Resolution commending Lee On Dong Association for their commitment to the Chinese
American community and declaring March 22, 1998 as “Lee On Dong Association Day” in
San Francisco. (Supervisor Teng)
File 98-0377, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
[Commend Ong Ko Met Benevolent Association]
Resolution commending Ong Ko Met Benevolent Association for their commitment to the
Chinese American community and declaring March 22, 1998 as “Ong Ko Met Benevolent
Association Day” in San Francisco. (Supervisor Teng)
File 98-0378, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(c)
[Commend Rode1 Rodis]
Resolution commending Mr. Rode1 Rodis for his commitments and dedications; declaring
March 31, 1998 as “Rode1 Rodis Day” in San Francisco. (Supervisors Teng, Bierman)
File 98-0379, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(d)
[Library Foundation]
Resolution honoring the Library Foundation for its support of the San Francisco Public
Library and Bay Area authors who represent our diverse communities. (Supervisors Teng,
Bierman)
File 98-0380, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(e)
[Commend Task Force on Non-Profit Accountability]
Resolution commending the diverse Task Force on Non profit Accountability for their
deliberate efforts in creating recommendations. (Supervisor Ammiano)
File 98-0381, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
March 16, 1998 - 16-
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(f)
[State Legislation, AB 1815]
Resolution supporting AB 1815 and urges the California State Assembly to pass AB 1815 to
make standardized testing meaningful in measuring academic progress of all children
regardless what language they speak when they start school. (Supervisors Teng, Bierman)
\
File 98-0382, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(g)
[State Legislation, AB 18841
Resolution urging the California State Assembly to add a new section to the Family Code
as proposed by Assembly Bill 1884 to ensure the full participation of minor children in
court proceedings. (Supervisors Medina, Bierman)
File 98-0383, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
[Federal Legislation, HR 32061
Resolution opposing HR 3206 or any other legislation that undoes the 1968 Civil Rights
Act Title VIII, the Fair Housing Act, and its 1988 amendment. (Supervisors Medina,
Bierman)
File 98-0384, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16,1998.)
Question on adoption.
(i)
[State Legislation, SB 1405]
Resolution supporting Senate Bill 1405, the Burglar Bar Safety Bill. (Supervisor Newsom)
File 98-0385, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
March 16, 1998 - 17-
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[Street Lighting, 24th Street Corridor]
Resolution supporting the 24th Street Revitalization Committee, the San Francisco Bureau
of Light, Heat and Power and the U.S. Department of Energy in their effort to improve
street lighting along the 24th Street corridor. (Supervisor Medina)
File 98-0389, Resolution No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(k)
meedle 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)
File 98-0397, Motion No.
(March 9, 1998 - Introduced in Board for consideration on March 16, 1998.)
Question on adoption.
(l)
[Final Map]
Motion approving final map of 5810-5816-5818 Mission Street, a Condominium and
Residential Condominium Project, being a subdivision of Lot 35 in Assessor’s Block No.
7143, and adopting findings pursuant to Planning Code Section 101.1. (Department of
Public Works)
File 98-0398, Motion No.
(March 9, 1998 - Referred to Board for consideration on March 16, 1998.)
Question on adoption.
(ml
[Final Map]
Motion approving final map of The Arundel, 1438 Green Street, a Residential
Condominium Project, being a subdivision of Lot 4 in Assessor’s Block No. 547, and
adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works)
File 98-0400, Motion No.
(March lo,1998 - Referred to Board for consideration on March 16,1998.)
Question on adoption.
Questions on the For Adoption Without Committee Reference Calendar
March 16, 1998 - 18-
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IMPERATIVE CALENDAR
No. 30.
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 motion (a) or motion (b) and then
adopt motion (c). Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote
is required for the resolution(s).
(a)
[Serious Injury Finding]
Motion that the Board find by roll call vote that for the resolution(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.”
Action
[Purely Commendatory Finding]
Motion that the Board find by roll call vote that the resolution(s) being considered at this
time are purely commendatory.
Action
(c)
[Brown Act Finding]
Motion that the Board find by roll call vote that for the resolutions 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.
Action
(d)
Imperative Resolutions, if any]
Questions on the Imperative calendar
March 16, 1998 - 19-
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PROPOSED ORDINANCES RECEIVED MARCH 4 - MARCH 11, 1998, FOR REFERENCE
BY PRESIDENT TO APPROPRIATE COMMlTTEE ON MARCH 16,1998
File 98-0405. macation and Lease - Cohen Place] Ordinance ordering the vacation of
Cohen Place off Ellis Street between Leavenworth and Hyde Streets subject to a specified
reservation, authorizing the lease of such property on a year-to-year basis for annual rent
of $1.00, and without competitive bidding to the 509 Cultural Center and authorizing other
official actions in connection therewith, companion measure to File 98-0406. Mayor
Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and
Technology Committee.
File 98-0407. [Appropriation, Airport Commission] Ordinance appropriating $37,990,313,
Airport Commission, for various capital improvement projects (related to the Master Plan
and the development of Airport infrastructure), for fiscal year 1997-98. RO #97222.
(Controller) Referred to Finance Committee.
File 98-0408. [Appropriation, Port Commission] Ordinance appropriating $1,501,492, Port
Commission, of San Francisco Harbor Operating Fund balance to fund the costs of various
capital improvement projects (Fisherman’s Wharf Plaza, landfill closure, wetland
restoration, gas structure relocation, Pier 45 apron repair), for fiscal year 1997-98. RO
#97223. (Controller) Referred to Finance Committee.
PROPOSED RESOLUTIONS RECEIVED MARCH 4 - MARCH 11, 1998, FOR REFERENCE
BY PRESIDENT TO APPROPRIATE COMMITTEE ON MARCH 16,1998
File 98-0371. [CalWORKs Child Care Program] Resolution authorizing the consolidation
of various streams of child care funding by modification of the existing contract with the
Children’s Council of San Francisco, a California corporation, to add to said contract the
funds and services from these other sources. (Department of Human Services) Referred
to Health, Family and Environment Committee.
File 98-0401. [Revocable Permit, 1000 Van Ness/901 Polk Street] Resolution granting
revocable permission to DPR Construction, Inc. for a nine-month extension to temporarily
close and occupy the west sidewalk and a portion of the street area on Polk Street and the
south sidewalk and a portion of the street area on Myrtle Street for construction
operations at 1000 Van Ness Avenue1901 Polk Street (Block 715, Lots 2 and 5).
(Department of Public Works) Referred to Housing and Neighborhood Services Committee.
File 98-0402. [Contract, DPH - Regents of UCSFJ Resolution authorizing the Department
of Public Health, Public Health Division, to enter into a subcontract in the amount of
$140,156 with the Regents of the University of California, the primary contractor, to
provide support personnel for the HIV Postexposure Prophylaxis Project (PEP); retroactive
to December 1, 1997. (Department of Public Health) Referred to Health, Family and
Environment Committee.
March 16, 1998 - 20 -
Page 21
File 98-0403. [Contract, DPH - State Dept. of Mental Health] Resolution authorizing the
Department of Public Health, Public Health Division, Community Mental Health Services,
to enter into the fiscal year 1997-98 performance contract with the State Department of
Mental Health, which includes indemnification clauses and does not include patent
infringement indemnification and false claims clauses. (Department of Public Health)
Referred to Health, Family and Environment Committee.
File 98-0406. [Vacation and Lease - Cohen Place] Resolution declaring intention of the
Board of Supervisors to vacate Cohen Place off Ellis Street between Leavenworth and
Hyde Streets subject to a specified reservations, setting the hearing date for all persons
interested in the proposed vacation, making findings of General Plan conformance and
consistency with Planning Code Section 101.1 and authorizing other official actions in
connection therewith; companion measure to File 98-0405. Mayor Willie L. Brown, Jr.
presented. Referred to Economic Development, Transportation and Technology
Committee.
File 98-0409. [Property Acquisition, Golden Gate Heights District] Resolution authorizing
acquisition of real property located in the Golden Gate Heights District identified as
Assessor’s Block No. 1860A Lot Nos. 20 and 21, and Assessor’s Block No. 1861A Lot No. 2
for $200,000 from Mark L. Pierce for open space purposes and adopting findings pursuant
to Planning Code Section 101.1. (Real Estate Department) Referred to Finance
Committee.
File 98-0410. [Lease of Property, 450 Seventh Street] Resolution authorizing a revocable
license agreement for 450 Seventh Street for the Police Department; subject to certain
conditions. (Real Estate
Department) Referred to Housing and Neighborhood Services Committee.
File 98-0411. [Airport Concession Agreements, Car Rental] Resolution approving
concession agreements for rental car operations between Hertz Corporation, Avis
Rent-A-Car System, Alamo Rent-A-Car, National Car Rental, Budget Rent-A-Car,
Dollar Systems, Thrifty Car Rental and Enterprise Rent-A-Car; and the City and County
of San Francisco, acting by and through its Airport Commission. (Airport Commission)
Referred to Fiance Committee.
File 98-0412. [Prop J Contract, Clean Water Security Services] Resolution concurring
with the Controller’s Certification that security services be practically performed at the
Southeast Community Service Facility, the Southeast Water Pollution Control Plant, the
Earl P. Mills Center, and for as needed services by private contractor for lower cost than
similar work services performed by City and County employees. (Public Utilities
Commission) Referred to Finance Committee.
Petitions and communications received March 4 to March 11 for reference by the
President to the Committee considering related matters or to be ordered filed by the
Clerk March 16, 1998.
1. From various signators, submitting Form 700 Statement of Economic Interests:
Pedro Rodriguez, Budget Analyst
Millicent Bogert, Legislative Assistant to Supervisor Bierman
June Gutfleisch, Legislative Assistant to Supervisor Bierman
Kenneth Kong, Legislative Assistant to Supervisor Teng
Mary Mallen, Constituent Liaison to Supervisor Newsom
Kim Marschner, Legislative Assistant to Supervisor Yaki
Gail Stein, Legislative Assistant to Supervisor Kaufman
John Walter Reed, Legislative Assistant to Supervisor Brown
March 16, 1998 -2l-
Page 22
3. From Department of Public Health, submitting Hazardous Waste Release Report at
Yerba Buena Island, Finger Pier, 750 Presido Avenue, 928 Harrison Street, 2295
California Street for fiscal year 1797-98. Health, Family and Environment
Committee Clerk
3. From Controller’s Audit Division, submitting reports concerning the concession audits
of the Kezar Parking Lot.
4. From Commission on the Status of Women, submitting 1996/97 Annual Report.
5. From Art Commission, requesting release of reserve funds in the amount of $154,200
for purchase of computer system and software and for maintenance of the South of
Market Cultural Center for asbestos removal. Finance Committee
6. From Office of the Assessor-Recorder, requesting release of reserve funds in the
amount of $150,000 for a contract employee serving as Project Manager. Finance
Committee
7. From Department of Parking and Traffic, requesting release of reserve funds in the
amount of $1,200,00 for the St. Mary’s Square Garage. Finance Committee
8. From various departments, responding to Supervisor Newsom’s request regarding
Customer Service Plans:
Real Estate Department
Purchasing Department
Airport
Copy: Supervisor Newsom
9. From Police Department, responding to inquiry from Supervisor Katz regarding police
officers on the Muni Railway System.
10. From Department of Parking and Traffic, regarding the placement of Stop signs on
Eastwood and Westwood Drive.
11. From Residential Rent Stabilization and Arbitration Board, regarding service
interruption, March 9-13, 1998, due to remodeling its office to add an additional
hearing room.
12. From Residential Rent Stabilization and Arbitration Board, regarding card key system
for residential units.
13. From Department of Elections, submitting Certification of Initiative Petition:
Use and Control of Treasure Island; Declaration of Policy. File
98-0333
Project Notification; Ordinance. File 98-0333
Use and Occupancy of City; Protocol Activities; Ordinance. File
98-0330
Board of Supervisor’s Staffing; Ordinance. File 98-0331
Rules Committee
14. From Office of the Public Defender, regarding Computer Readiness for Year 2000.
15. From Public Utilities Commission, regarding Emergency Declaration for 1998 El Nino
Storm Damage.
March 16, 1998 - 22 -
Page 23
16. From Public Utilities Commission, submitting Declaration of a Sewer Emergency in
the Easement from Baltimore Way to Canyon Drive.
17. From Public Utilities Commission, submitting Declaration of an Emergency for
Bidding a Construction Contract to Eliminate Flooding on Custer, Rankin and
Davidson Streets.
18. From Office of the Mayor, requesting release of reserve funds in the amount of
$1,600,000 to use towards Communication Aided Dispatch (CAD) and Automated
Information System (AIS) equipment purchases and contractual services as a
component of the 911 project. Finance Committee
19. From Fire Department, submitting 1997~Annual Facility Fire Inspections for:
Central, Bayview, Park, Potrero, Mission and Taraval Police
Stations;
Adult and Juvenile Detention Facilities; and
Jail No. 2, 850 Bryant Street, 7th floor
20. From Unified School District, regarding changes made to Section 22112 of the Vehicle
Code by AB1297 for all school bus drivers and district plans to publicize the changes.
21. From Grants for the Arts, responding to inquiry regarding the status of the
applications to Grants for the Arts from the Asian Pacific Cultural Center and the
Queer Cultural Center. Copy: Supervisor Ammiano
22. From U.S. Army Corps of Engineers, submitting Public Notice dated February 27,
1998 regarding Summary of Permit Actions for the months of October through
December 1997.
23. From Service Employees International Union Local 250, urging support of the proposal
for a countywide ombudsprogram.
24. From Feminist Women’s Health Center, regarding trial of Dr. Bruce Steir, abortion
physician, on the charge of murder for a patient death.
25. From California Center for Health Improvement, regarding tobacco companies
deliberately marketing cigarettes to minors.
26. From Law Office of Reed W. Super, regarding Notice of Appeal of Planning
Commission’s Certification of Sutro Tower Digital Television Final Environmental
Impact Report. Copy: City Attorney
27. From various signators, opposing proposed ordinance to regulate retail marketplace
for gasoline. (2 letters received) Economic Development, Transportation and
Technology. File 97-97-57
28. From Maurice Pena, regarding lot on 23rd and Treat Streets.
29. From John Jenkel, urging support of Port Commission Resolution 94-20 for Open
Government Process.
30. From Donald Rice, regarding disability access for veterans.
31. From Paget Valentzas, regarding Valencia Street bike lanes.
32. From Michael Wise, regarding owner move-in law. Copy: Supervisors Teng, Ammiano
March 16, 1998 - 23 -
Page 24
33. From Suzanne Driver, regarding appointment of Independent Panel of the Parks and
Recreation Committee to deal with the issues of dogs and off-leash areas.
34. From Yasmin A. Sayyed, regarding dogs, leash laws and public parks.
35. From various signators, urging support of legislation banning the ‘sale of live animals ’
for food. (4 letters received)
March 16, 1998 - 24 -
Page 25
Legislation Pending Under the “30 Day Rule”
These items may not be heard by Committee until the date in the right hand column.
As Revised March 13, 1998
Rule 5.40 provides that when an ordinance or resolution is introduced which would create or revise major city policy,
the committee to which the legislation is assigned shall not consider the legislation until at least thirty days after the date
of introduction. The provisions of this rule shall not apply to the routine operations of the departments of the City or
when a legal time limit controls the hearing timing. In general the rule shall not apply to hearings to consider subject
matter when no legislation has been presented, nor shall the rule apply to resolutions which simply urge action to be
taken.
Topic File No. Committee Source Legislation 30 Day
Introduced Rule
Expires
Public Pay Telephone Revenues 98-0259 Finance Newsom 2/17/98 3/19/98
Ordinance
Public Artworks, Historic 98-0260 Housing and Newsom 2/17/98 3/19/98
Landmarks Ordinance Neighborhood Services
Taxicab Fare Rate increase 98-0334 Finance Newsom 3/2/98 4/l/98
Ordinance
Specialty Grocery and Retail 98-0335 Housing and Bierman 3/2/98 4/l/98
Coffee Stores, 24th Street-Noe Ordinance Neighborhood Services
Valley
CalTrain to Airport 98-0344 Economic Development, Bierman 3/2/98 4/l/98
Resolution Transportation and
Technology
Lobbyist Regulations 98-0311 Rules Ethics 3/2/98 4/l/98
Ordinance Commission
Rule30dy