Board of Supervisors Minutes: April 13, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, April 13, 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 2:11 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 Medina, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, March 2, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. SuspensionoftheRules PresentationofGuests At the request of Supervisor Kaufman, Supervisor Yaki, seconded by Supervisor Teng, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Timothy Bryan Jackson and present him with a Certificate of Honor. No objection and motion carried. Supervisor Kaufman introduced and welcomed Mr. Timothy Jackson and presented him with a commendation recognizing his contributions to the City and County through his exceptional services to the guests of the Ramada Plaza Hotel and being voted as one of five employees nationwide to receive the "Personal Best Employee of the Year" award. Mr. Jackson thanked the Board for this honor and acknowledged the staff at the Ramada Plaza Hotel for their support. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Department of Human Resources] Ordinance appropriating $569,464, Department of Human Resources, from the General Fund Salary Reserve, to fund labor negotiations for fiscal year 1997-98; providing for ratification of action previously taken. (Controller) File 98-0362, Ordinance No. 133-98 Finally passed. [Competitive Bidding Exemption] Ordinance waiving competitive bid and prevailing wage requirements for the Department of Parking and Traffic’s award of a master contract to the San Francisco Conservation Corps for maintenance services, landscape services, installation services, and conservation and recycling education. (Department of Parking and Traffic) File 98-0363, Ordinance No. 134-98 Finally passed. [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. (Controller) File 98-0407, Ordinance No. 135-98 Finally passed. [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. (Controller) File 98-0408, Ordinance No. 136-98 Finally passed. RecommendationsofHealth,Family&EnvironmentCommittee Finally Passed [Discrimination Against Women (CEDAW)] Ordinance amending Administrative Code setting forth the local implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), designating the Commission on the Status of Women as the local agency implementing and monitoring CEDAW in San Francisco, requiring the Commission on the Status of Women to conduct gender analyses of designated departments to identify areas of discrimination against women and girls, requiring the Commission on the Status of Women to develop an action plan to redress discrimination against women and girls, and establishing a CEDAW task force to assist in implementing the ordinance; companion measure to File 98-0337. Sponsors Supervisors Kaufman, Teng, Bierman, Ammiano, Katz. File 98-0336, Ordinance No. 128-98 (Adds Chapter 12K, Sections 12K.1 through 12K.5.) Finally passed. [Commission on the Status of Women] Ordinance amending Administrative Code to conform to the changes in the 1996 Charter, to require departments to make quarterly rather than monthly reports to the commission, to authorize the Commission on the Status of Women to analyze and advise the Mayor and the Board of Supervisors on gender equity of commission and Board appointments, to reorganize the section to combine all employment related powers and duties in one sub-section; to receive reports from other City departments regarding their expenditure of funds to combat violence against women, to carry out Administrative Code Section 12K implementing locally the principles of the United Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and to coordinate with other City departments and community groups to develop an integrated services plan for women and girls; companion measure to File 98-0336). Sponsors Supervisors Kaufman, Teng, Bierman, Ammiano, Katz. File 98-0337, Ordinance No. 131-98 (Amends Sections 33.3, 33.4, 33.8; deletes Sections 33.6, 33.7, 33.9; renumbers 33.8 and 33.10.) Finally passed. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [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 Avenue/901 Polk Street (Block 715, Lots 2 and 5). (Department of Public Works) File 98-0401, Resolution No. 280-98 Adopted. [FY 98/99 Standards & Training, Local Corrections] Resolution authorizing the Sheriff’s Department, Adult Probation Department and Juvenile Probation Department of the City and County of San Francisco to apply for, retroactively, accept and expend $329,400.00 in funds from the State of California, Board of Corrections for the Standards and Training of Local Corrections and Probation Officers Programs; stipulating adherence to standards for recruitment and training established by the Board of Corrections, waiving indirect costs. (Sheriff) File 98-0479, Resolution No. 275-98 Adopted. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed on First Reading [Underground District No. 336] Ordinance creating Underground District No. 336 in the Flint and 16th Street area. Sponsors Supervisors Medina, Bierman. File 98-0424, Ordinance No. Passed on first reading. [Underground District No. 337] Ordinance creating Underground District No. 337 in the Potomac/Waller area. Sponsors Supervisors Medina, Bierman. File 98-0425, Ordinance No. 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 NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Appropriation, Department of Parking and Traffic] Ordinance appropriating $1,809,941, Department of Parking and Traffic, from General Fund Reserve to fund forty-eight (48) Parking Control Officers, vehicles, equipment, materials, and contractual services for fiscal year 1997-98; companion measure to File 98-0483. Sponsors Supervisors Teng, Kaufman, Newsom. File 98-0482, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Salary Ordinance Amendment, Department of Parking and Traffic] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Parking and Traffic, reflecting the creation of forty-eight (48) new positions, (Class 8214 Parking Control Officer and Class 8216 Senior Parking Control Officer); companion measure to File 98-0482. Sponsors Supervisors Teng, Kaufman, Newsom. File 98-0483, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Appropriation, Department of Parking and Traffic] Ordinance appropriating $323,484, Department of Parking and Traffic, from Gasoline Tax Fund to extend and expand the Red Light Photo Enforcement Project for fiscal year 1997-98. Sponsors Supervisors Teng, Kaufman, Newsom, Katz. File 98-0487, Ordinance No. (Fiscal Impact.) 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 Katz requested to be added as co-sponsor. [Appropriation, Juvenile Probation Department] Ordinance appropriating $2,638,924, Juvenile Probation Department, of Federal Temporary Assistance to Needy Families (TANF) for salaries, fringe benefits, professional and contractual services, equipment, services of other departments (Adult Probation) and for the creation of nine (9) community based probation officer positions for fiscal year 1997-98, to provide counseling, home-based supervision, and other services for juveniles; companion measure to File 98-0507. (Controller) File 98-0506, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Salary Ordinance Amendment, Juvenile Probation] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Juvenile Probation Department, reflecting the creation of nine (9) new positions (Class 8444 Deputy Probation Officer); companion measure to File 98-0506. (Department of Human Resources) File 98-0507, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Public Pay Telephone Revenues] Ordinance amending Public Works Code to increase the amount of revenues from pay telephones on public sidewalks paid to the City and County of San Francisco. Sponsor Supervisor Newsom. File 98-0259, Ordinance No. (Fiscal Impact.) (Amends Section 957.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Amendment to MOU, Jail Medical Technicians] Ordinance adopting and implementing Amendment Number 1 to the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Locals 790, 535 and 250 and the City and County "Y" rating the pay of 2517 Jail Medical Technicians who receive status to the classification of 2312 LVN on or before June 30, 1998 and providing for the placement of such employees at step 5 of the 2312 LVN salary schedule effective July 1, 1998. (Department of Human Resources) File 98-0328, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [Parking Rates, City-Owned Parking Facilities] Resolution approving new parking garage rates for City-owned parking facilities (California and Steiner Parking Lot, Pierce Street Garage). (Department of Parking & Traffic) File 98-0317, Resolution No. 277-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Portsmouth Square Parking Garage Lease] Resolution approving insertion into the Board’s file (File No. 47-96-3), of a corrected second amendment to the Portsmouth Square Public Parking Lease between the City and County and the San Francisco Portsmouth Plaza Parking Corporation, which provides for quarterly rather than the annual payments of rent and strengthens the City’s termination rights under the lease. (Recreation and Park Department) File 98-0365, Resolution No. 278-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. RecommendationsofHousingandNeighborhoodServicesCommittee Passed on First Reading [Street Acceptance] Ordinance accepting for purposes of maintenance the streets designated herein, subject to specified limitations, pursuant to California Streets and Highways Code Section 1806 and Department of Public Works Order No. 170,657. Sponsor Supervisor Teng. File 9-97-1.1, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [Accepted Streets Official Record] Ordinance accepting as the official record of accepted streets in the City and County, the publication entitled "City Maintained Streets," dated October 31, 1997, and as set forth in Department of Public Works Order No. 170,718, dated October 31, 1997. Sponsor Supervisor Teng. File 9-97-3, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Adopted [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) File 98-0410, Resolution No. 281-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [Pay Telephone Bid] Resolution urging the Department of TeleCOMMUNICATION s and Information Services to consider consolidating pay telephones located in City buildings and on City facilities and on City sidewalks into one Invitation for Bids for pay telephone equipment and services; to issue a Request for Qualifications to determine the competitive interest in such an Invitation for Bids; to include in its Invitation for Bids a minimum term of thirty-six months, a rate of twenty-five cents for a local call, the installation of pay telephones at all underground Muni Metro platforms, and posting of a notice discouraging criminal activity at pay telephones. Sponsor Supervisor Newsom. File 98-0150, Resolution No. 276-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [National Historic Preservation Act Local Government] Resolution authorizing the Mayor or his/her written designee to execute documents, agreements and memoranda of agreement on behalf of the City and County as a "Certified Local Government" under the National Historic Preservation Act, and ratifying prior acts taken by the City and County as a Certified Local Government. (Mayor Willie L. Brown, Jr.) File 98-0391, Resolution No. 279-98 MotiontoAmendRefusedAdoption Supervisor Yee, seconded by Supervisor Ammiano, moved to amend page two, line 22, after the word "CLG" and page three, line seven, after the word "affirmed" by inserting the following: "provided, however, said documents or agreements shall have first been reviewed and approved by the Landmarks Preservation Advisory Board. Motion to amend refused adoption by the following vote: Ayes: Supervisors Ammiano, Medina, Yee-3. Noes: Supervisors Bierman, Brown, Katz, Kaufman, Newsom, Teng, Yaki-7. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Yee-2. [Hold Harmless Agreement] Resolution authorizing the Port to hold the State of California harmless from all claims arising from a lease agreement between the State Lands Commission and the Port Commission for maintenance dredging. (Port) File 98-0493, Resolution No. 282-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing of all persons interested in or objecting to the proposed 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. File 98-0405 (Pursuant to Board of Supervisors Resolution No. 189-98, approved March 25, 1998.) The privilege of the floor was granted to the following persons: Speaking in support: Ann McGuire, Susan Gotiera, Darryl Smith, Ken Schnall, representative from Mayor’s office, Tess Ventresca. FromEconomicDevelopment,TransportationandTechnologyCommittee WithoutRecommendation Passed on First Reading [Street Vacation] 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. (Mayor Willie L. Brown, Jr.) File 98-0405, Ordinance No. 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, repeal Owner Move In moratoriam decision; accessibility, housing service; Reuben Goodman, supports pay telephone revenue increase, urge installation of emergency 911 call box in low income neighborhoods; Ernestine Weiss, repeal OMI moratoriam decision, oppose pass through on bonds; Carmen Ramirez, Lake Merced; Camille, gender identity disorder; Support appeal of eviction moratorium ruling (OMI): Katherine Alvord, Robert Reese; Raquel Fox; female speaker, Arthur Fogel, Robert Pender; Richard Riddell, Maria Supella. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to Committee. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Newsom requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Tax Collector Parking Lot Concession Report] Resolution urging the Tax Collector’s office to develop a systematic approach to tracking money collected by concessionaires from existing and future parking lots, which may include requiring concessionaires to adhere to easily audited record keeping; also asking the Tax Collector for a progress report and a timeline for implementation within ((thirty)) sixty days of the passage of this resolution. Sponsors Supervisors Newsom, Katz, Medina, Bierman. File 98-0535, Resolution No. (April 6, 1998 - Consideration continued to April 13, 1998.) Supervisor Newsom, seconded by Supervisor Medina, moved to amend title, line six and page two, line seven by replacing "thirty" with "sixty." 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. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Yee requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Mental Health Division Trust Fund] Resolution urging the City and the Department of Public Health Mental Health Division to create a trust fund which allows a portion of demonstrated savings from lower utilization of high-end services to be reinvested into prevention and early intervention programs and establishing a policy on reinvesting in our children. Sponsor Supervisor Yee, Brown, Medina. File 98-0536, Resolution No. (April 6, 1998 - Consideration continued to April 13, 1998.) At the request of Supervisor Yee, referred to Health, Family and Environment Committee. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Appeal of Eviction Moratorium Ruling] Resolution urging the City Attorney to file a writ with the First District Court of Appeal challenging the Honorable Judge Raymond Williamson’s ruling in the case of O’Hara v. City and County of San Francisco, et al. Sponsors Supervisors Ammiano, Medina. File 98-0579, Resolution No. 288-98 (April 8, 1998 - Referred to Board for consideration on April 13, 1998.) SupervisorsKaufman,Newsom,YeeExcusedfromVoting Supervisors Kaufman, Newsom, Yee requested to be excused from voting because of possible conflict of interest. Supervisor Medina, seconded by Supervisor Bierman, moved to excuse Supervisors Kaufman, Newsom, Yee from voting. Motion to excuse Supervisors Kaufman, Newsom, Yee from voting adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Teng, Yaki-7. Excused: Supervisors Kaufman, Newsom, Yee-3. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commend Benjamin P. Gold] Resolution commending Benjamin P. Gold on the occasion of his 100th birthday. Sponsors Supervisors Bierman, Katz, Brown. File 98-0570, Resolution No. 284-98 (April 6, 1998 - Introduced in Board for consideration on April 13, 1998.) Adopted. In connection with the above item, Supervisors Katz, Brown requested to be added as co-sponsors. [Commend Carole Migden] Resolution honoring Assemblywoman Carole Migden for being named Rookie of the Year in the California State Legislature. Sponsors Supervisors Katz, Kaufman, Newsom, Teng, Brown, Ammiano, Bierman, Medina. File 98-0571, Resolution No. 285-98 (April 6, 1998 - Introduced in Board for consideration on April 13, 1998.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [State Legislation, AB 2737, Housing] Resolution supporting AB 2737, the Statewide Supportive Housing Initiative, which would provide funding for the services and operating costs of permanent, service-enriched housing that targets very low income single adults, families with the head of household having one or more disabilities, elderly people, young adults aging out of foster care and people exiting from institutional settings. Sponsor Supervisor Bierman, Katz, Brown. File 98-0572, Resolution No. 286-98 (April 6, 1998 - Introduced in Board for consideration on April 13, 1998.) Adopted. In connection with the above item, Supervisors Katz, Brown requested to be added as co-sponsors. [Park Volunteers] Resolution urging Recreation and Park Department to work with unions and trained park maintenance staff to specify a list of duties appropriate for volunteers who assist with maintenance and upkeep within our City parks. Sponsors Supervisors Newsom, Katz, Brown, Medina. File 98-0573, Resolution No. 287-98 (April 6, 1998 - Introduced in Board for consideration on April 13, 1998.) Adopted. In connection with the above item, Supervisors Katz, Brown, Medina 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 98-0577, Motion No. M98-55 (April 6, 1998 - Introduced in Board for consideration on April 13, 1998.) Adopted. [Final Map] Motion approving final map of 2712, 2714, 2716, 2718, 2720 and 2722 22nd Street, a Residential Condominium Project, being a subdivision of Lot 16 in Assessor’s Block No. 4144, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0554, Motion No. M98-51 (April 2, 1998 - Referred to Board for consideration on April 13, 1998.) Adopted. [Final Map] Motion approving final map of 465 10th Street, a Live/Work Condominium Project, being a subdivision of Lot 59 in Assessor’s Block No. 3525, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0555, Motion No. M98-52 (April 2, 1998 - Referred to Board for consideration on April 13, 1998.) Adopted. [Final Map] Motion approving final map of 124, 126, 128, 130, 132 and 134 Scott Street, a Residential Condominium Project, being a subdivision of Lot 35 in Assessor’s Block No. 862, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0556, Motion No. M98-53 (April 2, 1998 - Referred to Board for consideration on April 13, 1998.) Adopted. [Final Map] Motion approving final map of 3118 18th Street, a Live/Work Condominium Project, being a subdivision of Lot 28 in Assessor’s Block No. 3573, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0557, Motion No. M98-54 (April 2, 1998 - Referred to Board for consideration on April 13, 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. ConferencewithCityAttorney-Litigation FromthePresident Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring or receiving advice from the City Attorney as permitted by Government Code Section 94956.9(a) regarding the following litigation: KathleenO’Hara,RobertJ.Garay,SergioIantorno,KatherineBeckwith v.SanFrancisco, Intervenors: Katherine Alvord, Carmen Maldonado, and Josefina Lopez, S.F. Superior Court No. 992-704 (Owner Move-In litigation); UnitedStatesHouseofRepresentativesv.UnitedStatesDepartmentof Commerce,etal., Intervenors: Several major cities, including Los Angeles, New York, San Jose, Long Beach, Oakland, Santa Clara, Alameda County, and the City and County of San Francisco, United States District Court, District of Columbia No. 1:98CV00456-RCL (Census 2000 litigation); AirTransportAssociationofAmericav.SanFrancisco, U.S. District Court No. C97-1763CW (Challenge to Equal Benefits Ordinance). SupervisorsKaufman,Newsom,YeeExcusedfromVoting Supervisors Kaufman, Newsom, Yee requested to be excused from voting concerning Owner Move-In litigation because of possible conflict of interest. Supervisor Medina, seconded by Supervisor Bierman, moved to excuse Supervisors Kaufman, Newsom, Yee from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. The roll was then called on the pending motion and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Teng, Yaki-7. Excused: Supervisors Kaufman, Newsom, Yee-3. Recess The Board recessed at the hour of 4:07 p.m. to convene in closed session. ReconveningoftheBoard The Board, at the hour of 4:57 p.m. reconvened. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Medina, Teng, Yaki-6. Noted Absent: Supervisors Katz, Kaufman, Newsom, Yee-4. Quorum present. Supervisor Katz was noted present at 4:59 p.m. Supervisor Yee was noted present at 5:00 p.m. ReportonClosedSession Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney as permitted by Government Code Section 94956.9(a) regarding the following litigation: KathleenO’Hara,RobertJ.Garay,SergioIantorno,KatherineBeckwith v.SanFrancisco, Intervenors: Katherine Alvord, Carmen Maldonado, and Josefina Lopez, S.F. Superior Court No. 992-704 (Owner Move-In litigation); UnitedStatesHouseofRepresentativesv.UnitedStatesDepartmentof Commerce,etal., Intervenors: Several major cities, including Los Angeles, New York, San Jose, Long Beach, Oakland, Santa Clara, Alameda County, and the City and County of San Francisco, United States District Court, District of Columbia No. 1:98CV00456-RCL (Census 2000 litigation); AirTransportAssociationofAmericav.SanFrancisco, U.S. District Court No. C97-1763CW (Challenge to Equal Benefits Ordinance). 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 elect at this time not to disclose its closed session deliberations concerning the possible litigation. Supervisor Yaki, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Medina, Teng, Yaki, Yee-7. Excused: Supervisors Kaufman, Newsom, Yee-3. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Called from Committee; Referred to Board [Displaced Worker Protection Act] Ordinance amending Police Code by adding Article 33C, Sections 3300C.1 through 3300C.6, to provide for the retention of security, janitorial, buildings maintenance and non-professional health care workers when a successor contract is awarded. Called from Finance Committee by Supervisor Bierman, with direction to schedule for Board meeting of April 27, 1998. File 121-97-010. Referred to Committee [Jet Skis] Ordinance amending Police Code by adding Article 47 (Sections 47.1 through 47.8) prohibiting the operation of personal watercraft in a 1,200-foot special use area along the San Francisco shoreline, imposing other restrictions on the operation of personal watercraft and providing for public and private enforcement. Supervisors Newsom, Ammiano, Bierman, Katz, Brown presented. Referred to Health, Family and Environment Committee. File 98-0076. [Historic Sign District] Substitute ordinance amending Planning Code Section 260(b) to exempt permitted historic signs from height limits; by amending Section 262 to clarify that permitted historic signs are exempt from the height limits for signs; by adding new Section 602.9 to define an historic sign and an historic sign district and renumbering the remaining sections; by amending Section 604 to allow text and graphic amendments to restore and improve historic signs; by amending Section 607 to permit historic signs to extend above a roofline; by adding Section 608.14 to establish an historic sign district and the criteria and conditions for permitting, by conditional use authorization by the Planning Commission, signs qualifying for such designation. Supervisor Kaufman presented. Referred to Housing and Neighborhood Services Committee. File 98-0449. [Harding Park Golf Course Fee Reduction] Ordinance imposing a 25 percent fee reduction for members of Harding Park Men’s Club and Harding Park Women’s Club at Lincoln Golf Course or Sharp Golf Course during selected tee times. Supervisors Newsom, Brown presented. Referred to Parks and Recreation Committee. File 98-0594. [Street Cleaning Parking Violation Penalty Fee] Ordinance amending Traffic Code Section 37(c) to increase the penalty for street cleaning parking violation (to $30). Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0596. [MBE/WBE/LBE Utilization Ordinance - IV] Ordinance amending Administrative Code by amending Chapter 12D (Sections 12D.1 through 12D.20) to establish a new MBE/WBE/LBE Ordinance to (1) remedy identified discrimination against certain MBE/WBES in the City’s procurement process as to prime contracting and (2) require City contracting departments to implement MBE/WBE program mandating prime contractors to use good faith efforts to use MBE/WBES when there are subcontracting opportunities in public works and professional service contracts. Supervisors Brown, Katz, Teng, Medina presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0612. Referred to Board [Harding Park USGA Provisions] Resolution urging the Recreation and Park Commission to ensure the accommodation of member golfers at Harding Park who will be displaced as a result of the USGA Open Championship Tournament and to use best efforts to verify that parking at Harding causes no permanent damage, with the hope that the course condition will improve as a result of the "open" and endorsing the use of binding mediation for this agreement with regard to extent of damages incurred. Supervisors Newsom, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0595. Referred to Committee [Jet Skis] Resolution urging the City and County of San Francisco to encourage the other eight bay area counties to adopt ordinances to control the use of jet skis in their waters. Supervisors Newsom, Brown, Ammiano, Bierman, Katz presented. Referred to Health, Family and Environment Committee. File 98-0597. Referred to Board [Commend Fine Arts Museum Board of Trustees] Resolution commending the Board of Trustees of the Fine Arts Museums of San Francisco for hosting the superb exhibitions "Rhapsodies in Black: Art of the Harlem Renaissance" and "Treasures of Central African Art from the Tervuren Museum." Supervisors Brown, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0598. [Commend Human Rights Commission LGBTH Unit] Resolution commending the San Francisco Human Rights Commission’s Lesbian Gay Bisexual Transgender and HIV Unit for their extraordinary efforts implementing the Equal Benefits Ordinance. Supervisors Katz, Ammiano, Bierman, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0599. [Commend Attorney Efforts] Resolution commending City Attorney Louise Renne and her team of City Attorneys and outside counsel for their extraordinary efforts in drafting and representing the City’s position on the Equal Benefits Ordinance. Supervisors Katz, Ammiano, Newsom, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0600. [Commend Therese M. Stewart] Resolution commending Attorney Therese M. Stewart for her extraordinary pro bono effort defending the San Francisco Equal Benefits Ordinance. Supervisors Katz, Ammiano, Newsom, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0601. [Commend World Arts West/Planet Dance Month] Resolution commending World Arts West for presenting and promoting world dance and music that reflects America’s diversity and proclaiming June 1998 as Planet Dance Month in San Francisco. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0602. [Old Harbor Festival] Resolution urging the Citizens of San Francisco to partake in the first annual celebration of the Golden Era of San Francisco -- 1870 to 1890’s (Old Harbor Festival). Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0603. [Off-Leash Dog Area, Warm Water Cove Park] Resolution urging the Port of San Francisco, the San Francisco Bay Conservation and Development Commission (BCDC) and the Recreation and Park Department to work together to allow off-leash dogs on a portion or all of Warm Water Cove Park. Supervisors Katz, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0604. [Organic Program Standards] Resolution opposing the proposed United States Department of Agriculture organic program standards and urging the USDA to withdraw this proposal and work with organic farmers to create a set of high standards that reflect those already existing in California. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0605. [Red Light Enforcement Program] Resolution urging continued efforts in making the streets safer from red light running and commending the Department of Parking and Traffic, the Department of Public Health and the Police Department for the success of the red light camera program. Supervisors Newsom, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0607. [Japanese Latin Americans Redress/Reparations] Resolution urging the U.S. government to issue an official apology and restitution to the Japanese Latin Americans interned during World War II. Supervisors Yaki, Yee, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0608. RequestsforHearings: [Public and Private Ambulance System] Hearing to examine the efficacy of San Francisco’s public and private ambulance services. Supervisor Medina presented. Referred to Health, Family and Environment Committee. File 98-0606. [Bank of America/Nations Bank Merger] Hearing to consider the Bank of America/Nations Bank merger. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0609. Motions: Referred to Committee [Zoo Audit] Motion requesting that the Zoo audit be given priority and be conducted at the earliest juncture. Supervisor Ammiano presented. Referred to Finance Committee. File 98-0610. 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. Supervisors Kaufman, Ammiano, Katz, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 20, 1998. File 98-0611. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0558. [MOU, Fire Fighters Local 798/Bargaining Unit 1] Ordinance amending Ordinance No. 381-95 to implement the previous Amendment Number 3 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 1 and the City and County of San Francisco to be effective July 1, 1997 through June 30, 1999. (Department of Human Resources) Referred to Finance Committee. File 98-0559. [MOU, Fire Fighters Local 798/Bargaining Unit 2] Motion amending Ordinance No. 382-95 to implement the provisions of Amendment Number 3 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 2 and the City and County of San Francisco to be effective July 1, 1997 through June 30, 1999. (Department of Human Resources) Referred to Finance Committee. Resolutions Referred to Committee File 98-0560. [Sunol Water Temple Restoration] Resolution concurring with and supporting the Public Utilities Commission’s use of the Oakland Museum Conservation Center for conservation services (Sunol Water Temple) and agreement to hold harmless and indemnify the Oakland Museum Conservation Center against all claims and waive subrogation rights. (Public Utilities Commission) Referred to Economic Development, Transportation/Technology Committee. File 98-0561. [Acquisition of Easement from Joint Powers Board] Resolution authorizing the acquisition of a 4,315 square foot non-exclusive easement for $27,000 from the Peninsula Corridor Joint Powers Board (JPB) for street widening purposes along the south side of Cesar Chavez Street (formerly Army Street), on a portion of Assessor Parcel No. 4349-4 and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee. File 98-0562. [Revocable Permit, 22nd-24th Mission/12th Otis Sts.] Resolution granting revocable permission to the San Francisco Art Commission to install works of art in the paving surface of bus bulbs to be constructed by MUNI on the northeasterly and southeasterly sides of Mission Street at 22nd, 23rd, and 24th Streets and at the northwesterly corner of Otis and 12th Streets and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that City Attorney prepare ordinance which would give bid preference to those employers that offer benefits to their employees; give additional bid preference to employers who offer benefits to spouses and domestic partners; instruct City departments, where possible, they are to give preference in purchasing to employers that offer benefits to spouses and domestic partners and to require quarterly reports from City departments who have purchasing discretion concerning such purchasing preference. By Supervisor Yaki, that letter be sent to the Honorable Mayor Willie L. Brown, Jr. requesting the Mayor’s Office of Economic Development conduct a series of studies on proposals to close Market Street: an economic impact study; an origin/destination analysis of Market Street users from Van Ness Avenue to Steuart Street; a survey of buildings fronting on Market Street and on the blocks and alleys adjacent to Market Street to identify vehicular access to the buildings; and a study that looks at similar vehicle restriction projects in other cities. The Supervisor will support a request for funding for such a study. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Rita Carlin Devine Sponsor Supervisor Ammiano. Lillie B. Hill Sponsor Supervisor Brown. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:02 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