Board of Supervisors Minutes: April 20, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, April 20,1998 - 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 2:04 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Noted absent at first roll call: Supervisor Katz - 1. Quorum present. Supervisor Katz was noted present at 2:22 p.m. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Medina, moved that the Journals of Proceedings for Monday, March 9 and March 16, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 144-98 (Fiscal Impact.) Finally passed. [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. 145-98 (Fiscal Impact.) Finally passed. [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. 146-98 (Fiscal Impact.) Finally passed. [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. 147-98 Finally passed. [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. 148-98 Finally passed. [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. 139-98 (Fiscal Impact.) (Amends Section 957.) Finally passed. [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. 140-98 Finally passed. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Finally Passed [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. 142-98 Finally passed. [Underground District No. 337] Ordinance creating Underground District No. 337 in the Potomac/Waller area. Sponsors Supervisors Medina, Bierman. File 98-0425, Ordinance No. 143-98 Finally passed. FromtheBoardwithRecommendation Finally Passed [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. 141-98 Finally passed. RecommendationsofHealth,FamilyandEnvironmentCommittee Adopted [State Grant, STD Training Program] Resolution authorizing the Department of Public Health, Public Health Division, Community Health and Safety, to accept retroactively and expend grant funds of $167,680 from the California Department of Health Services to conduct a sexually transmitted disease training program and to enter into an agreement which includes indemnification and rights in data clauses and which does not include patent infringement indemnification and false claims clauses. (Department of Public Health) File 98-0480, Resolution No. 292-98 Adopted. [Private Grant, Mental Health Managed Care Plan] Resolution authorizing the Department of Public Health, Community Health Services, Mental Health Branch, to accept retroactively and expend a grant of $60,000 from the Miriam and Peter Haas Fund, for a consultant planner to assist in developing policy and programs for the mental health managed care plan; waiving indirect costs. (Department of Public Health) File 98-0481, Resolution No. 293-98 Adopted. RecommendationsofHousingandNeighborhoodServicesCommittee Finally Passed [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. 137-98 Finally passed. [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. 138-98 Finally passed. RecommendationsofRulesCommittee Passed on First Reading [Kajima Engineering & Construction, Inc. v. CCSF] Ordinance authorizing settlement of litigation of Kajima Engineering and Construction, Inc. against the City and County by payment of $250,000. (City Attorney) File 98-0488, Ordinance No. (Superior Court No. 990-898.) Passed on first reading. Adopted [Gift Acceptance, DPH-Laguna Honda Hospital] Resolution authorizing the Department of Public Health, Laguna Honda Hospital, to accept and expend a gift of shares of stocks in the value currently estimated to be $178,000 bequeathed to Laguna Honda Hospital from the Barbara Wylie Trust, to be expended for "the general benefit and comfort" of residents. (Department of Public Health) File 98-0490, Resolution No. 294-98 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. REGULARCALENDAR NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Appropriation, Department of Public Works] Ordinance appropriating $1,073,109, Department of Public Works, from General Fund Reserve to fund new street and sidewalk cleaning initiatives (anti-litter team program) and to create 37 new positions for fiscal year 1997-98; contingent on approval of $5.00 increase in street cleaning parking violations; companion measure to File 98-0373. (Mayor Willie L. Brown, Jr., Supervisor Teng) File 98-0372, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. [Salary Ordinance Amendment No. 19] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98) reflecting the creation of 37 new positions in the Department of Public Works; companion measure to File 98-0372. (Mayor Willie Brown, Jr., Supervisor Teng) File 98-0373, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. Adopted [U.S. Postal Service License Renewal] Resolution authorizing and approving a license renewal for a one rack transmitter at the Central Radio Station and antennae space at Christmas Tree Point Tower to the United States Postal Service. (Real Estate Department) File 98-0477, Resolution No. 291-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. Passed on First Reading [MOU, Unrepresented Employees] Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in classes not represented by an employee organization, and establishing working schedules and conditions of employment and methods of payment, effective July 1, 1998. (Department of Human Resources) File 98-0508, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. [Compensation] Ordinance adopting and implementing amendment number 2 to the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Locals 790, 535 and 250 and the City and County to add a 5% premium for 8202 Security Guards when performing the duties of 9209 Airport Police Service Aides at the Airport, effective July 1, 1998. File 98-0550, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. Adopted [Health Service System Contributions] Resolution establishing monthly contribution to be made to the Health Service Trust Fund by the City and County, Unified School District and Community College District for fiscal year 1998-99. (Department of Human Resources) File 98-0510, Resolution No. 296-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisor Katz-1. [Indigent Adult Programs] Resolution approving the creation of three (3) new county programs (Personal Assisted Employment Services, County Assistance Linked to Medi-Cal and SSI Pending), to serve adult indigent San Francisco residents and changes to the existing General Assistance Program. (Mayor, Supervisor Teng) File 107-97-4, Resolution No. 289-98 Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Newsom, Teng, Yaki-6. Noes: Supervisors Ammiano, Bierman, Medina, Yee-4. Passed on First Reading [CALM-Cash Assistance Linked to Medi-Cal] Ordinance amending Administrative Code to establish a Cash Assistance Program for individuals who are eligible for Medi-Cal due to age or disability, but who are not eligible for Supplemental Social Security Income (SSI); sets effective date of June 1, 1998. (Mayor, Supervisor Teng) File 97-97-70, Ordinance No. (Adds Article X to Chapter 20, encompassing Sections 20.100 to 20.124.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [PAES-Personal Assisted Employment Services] Ordinance amending Administrative Code to create the Personal Assisted Employment Services Program to provide assistance in obtaining paid employment and a cash stipend for indigent adult residents of San Francisco; sets effective date for June 1, 1998. (Mayor, Supervisor Teng) File 97-97-71, Ordinance No.. (Adds Article IX to Chapter 20, encompassing Sections 20.70 to 20.93.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [SSIP-Supplemental Security Income Pending] Ordinance amending Administrative Code to establish a Cash Assistance Program for individuals who are applying, or have been determined eligible for Social Security Income (SSI) but who have not begun to receive payments; sets effective date for June 1, 1998. (Mayor, Supervisor Teng) File 97-97-72, Ordinance No. (Adds Article XI to Chapter 20, encompassing Sections 20.200 to 20.225.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. [General Assistance Program] Ordinance amending Administrative Code, to allow for rent payments up to the eligible client’s otherwise eligible total monthly income and or assets rather than the monthly grant amount, to exclude income tax refunds and payments made under foster care or FSET/GATES Programs from the calculation of available income or resources, to comply with state law provisions regarding ineligibility for general assistance; to modify the amount and computation of General Assistance grants, to provide that rent free housing shall be valued according to the income-in-kind chart in the California Code of Regulations rather than by fair market value, to make the grant level reduction operative upon commencement of PAES, SSIP, and CALM, and by making other amendments to change obsolete language. (Mayor, Supervisor Teng) File 97-97-73, Ordinance No. (Amend Sections 20.56.6, 20.56.11, 20.57, 20.57.1; Adds Sections 20.56.16, 20.56.17, 20.56.18 and 20.60.10.) Passed on first reading by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Newsom, Teng, Yaki-6. Noes: Supervisors Ammiano, Bierman, Medina, Yee-4. RecommendationsofHealth,FamilyandEnvironmentCommittee Adopted [Supporting San Francisco Oversight] Resolution expressing San Francisco’s opposition to provisions of the draft multilateral agreement on investment or similar International agreement that could restrict San Francisco’s ability to regulate within its jurisdiction, decide how to spend its procurement funds and support local economic development. Sponsors Supervisors Ammiano, Brown, Bierman, Katz, Yaki, Yee. File 98-0242, Resolution No. 290-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Katz, Yaki, Yee requested to be added as co-sponsors. [Contract, CCSF - Paralign Revenue Management, Inc.] Resolution authorizing the Director of Public Health and the Purchaser to retroactively execute a contract between the City and County and Paralign Revenue Management, Inc. to provide uncompensated care recovery services. (Department of Public Health) File 98-0492, Resolution No. 295-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Absent: Supervisor Teng-1. RecommendationsofRulesCommittee Passed on First Reading [Conflict of Interest Code] Ordinance amending Administrative Code to reflect organizational changes at the Port of San Francisco. (Port) File 98-0489, Ordinance No. (Amends Section 58.290.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Absent: Supervisor Teng-1. Adopted [Appointments] Resolution appointing members to the Sunshine Ordinance Task Force, terms expiring April 27, 1998, for new two year terms ending April 27, 2000. (Rules Committee) File 98-0614, Resolution No. 308-98 (Nicole Wong, succeeding herself, Seat No. 27101, must be attorney nominated by Society of Professional Journalists; Johnny Brannon, succeeding himself, Seat No. 27103, must be member of press or electronic media with interest in citizen access; Robert Planthold, succeeding himself, Seat No. 27105, must be disabled/have interest in citizen access/participation in local government; David Watkins, succeeding himself, Seat No. 27106, must be member of public with interest/experience in local government; Nancy Sutley, succeeding herself, Seat No. 27107, must be member of public with interest/experience in local government; Timothy Taylor, succeeding himself, Seat No. 27113, must be member of public with interest/experience in local government.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Absent: Supervisor Teng-1. [Board Off Site Meeting, May 26, 1998] Motion ordering the May 26, 1998 meeting of the Board of Supervisors be held at the Southeast Community Facility, 1800 Oakdale Avenue, Community Room in the Bayview Hunters Point Neighborhood of San Francisco at 5:00 p.m. Sponsors Supervisors Teng, Brown, Bierman. File 98-0442, Motion No. M98-56 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Yaki, Yee-9. Absent: Supervisor Teng-1. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to an amendment to the Redevelopment Plan for Western Addition Project Area A-1 (Kaiser Hospital/Geary Campus), reclassifying Lot 9 of Block 1098 from M-4 (Medium Density Residential) to Community Shopping Uses. File 98-0494 (Pursuant to Government Code Section 65009, the following notice is hereby given: If you challenge this appeal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors (401 Van Ness Avenue, Room 308; San Francisco, CA 94102.) at, or prior to, the public hearing.) The President inquired if there was anyone present who wished to speak against the above item. There being no response, the President declared the public meeting closed. FromTheRedevelopmentAgency Passed on First Reading as Amended [Western Addition Area Redevelopment A-1 Plan] Ordinance amending Ordinance Nos. 9708 (Series 1939), 22-61, 198-61, 9-63, 195-64, 513-81, 211-85, approving an amendment to the Redevelopment Plan for Western Addition Project Area A-1 (Kaiser Hospital/Geary Campus), located at the northwest corner of Divisadero Street and O’Farrell Street, reclassifying Lot 9 of Block 1098 from M-4 (Medium Density Residential) to Community Shopping Uses. (Redevelopment Agency) File 98-0494, Ordinance No. (February 24, 1998 - Redevelopment Agency Resolution 33-98 adopted, approving the proposed amendment which would provide for the clearance and redevelopment or rehabilitation of certain lands in the Project Area and the future uses of such land.) (April 10, 1997 - The environmental effects of this proposed amendment were analyzed as part of the environmental impact report for the Kaiser Geary Campus Development Plan and the Final Environmental Impact Report was Adopted. ) Supervisor Yaki, seconded by Supervisor Newsom, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman-2. Passed on first reading as amended by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman-2. ITEMREMOVED [Sutro Tower] An appeal on the Sutro Tower Digital Television Project Environmental Report previously scheduled for this date has been removed from the agenda because the Board of Supervisors does not now have jurisdiction. (See memorandum cited below.) MEMORANDUM To: Members, Board of Supervisors From: Louise H. Renne Re: Appeal on Sutro Tower Date: April 20, 1998 As you know, we have advised that based on the facts now before us, the Board of Supervisors does not have jurisdiction to hear Item #19, the appeal with regard to Sutro Tower. Our opinion is based on the following: The California Environmental Quality Act (CEQA) requires a local agency to prepare and certify an Environmental Impact Report (EIR) on any significant project. It further states that "when an Environmental Impact Report is certified by a local agency’s decision-making body which is not elected, that certification may be appealed to the agency’s elected decision-making body, if any". On its face, it would appear that the Board of Supervisors is an elected decision-making body, and an appeal may be taken. However, a "decision-making body" is defined under CEQA as "any person or group of people within a public agency permittedbylawtoapprove ordisapprovedtheprojectatissue." (emphasis supplied). Since, under San Francisco law, the Board of Supervisors has no authority to approve or disapprove the Sutro Tower building permits at issue, it is not a decision-making body within the meaning of CEQA. Hence, it has no jurisdiction at this time to hear an appeal of the EIR. The situation would be different if project’s approvals are sought that are within the Board’s jurisdiction to approve or disapprove, such as a Master plan amendment, etc. Then the EIR would be appealable to the Board. However, when only a building permit is involved, as is the case here, the Board of Supervisors does not have jurisdiction. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Worldwind Dreamer, workfare vs. corporate welfare; George R. Williams, supports 311 hearing; Grace, supports Japanese Latin American Families redress; Robert Pender, Gordon Lau, Joe Alioto, Jim Hermann; Reuben Goodman, Police Commission hearing on prostitution; Frank Brennan, Tenderloin environment, commend police department. 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 [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)) arbitration for this agreement with regard to extent of damages incurred. Sponsors Supervisors Newsom, Brown, Bierman, Medina. File 98-0595, Resolution No. 297-97 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Supervisor Newsom, seconded by Supervisor Medina, moved an amendment of the whole entitled, "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 arbitration for this agreement with regard to extent of damages incurred." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. In connection with the above item, Supervisors Bierman, Medina 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 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". Sponsors Supervisors Brown, Kaufman, Katz, Medina. File 98-0598, Resolution No. 298-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Commend Human Rights Commission LGBTH Unit] Resolution commending the Human Rights Commission’s Lesbian Gay Bisexual Transgender and HIV Unit for their extraordinary efforts implementing the Equal Benefits Ordinance. Sponsors Supervisors Katz, Ammiano, Bierman, Newsom, Brown, Medina. File 98-0599, Resolution No. 299-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Katz, Ammiano, Newsom, Bierman, Kaufman, Brown, Medina. File 98-0600, Resolution No. 300-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. [Commend Therese M. Stewart] Resolution commending Attorney Therese M. Stewart for her extraordinary pro bono effort defending the San Francisco Equal Benefit Ordinance. Sponsors Supervisors Katz, Ammiano, Newsom, Bierman, Kaufman, Brown, Medina. File 98-0601, Resolution No. 301-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Katz, Medina. File 98-0602, Resolution No. 302-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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). Sponsors Supervisors Medina, Brown, Bierman. File 98-0603, Resolution No. 303-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Brown, Bierman requested to be added as co-sponsors. [Off-Leash Dog Area, Warm Water Cove Park] Resolution urging the Port, 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. Sponsors Supervisors Katz, Bierman, Brown, Medina. File 98-0604, Resolution No. 304-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Bierman, Katz, Brown, Medina. File 98-0605, Resolution No. 305-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Katz, Brown, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Newsom, Brown, Katz, Bierman, Medina. File 98-0607, Resolution No. 306-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Katz, Bierman, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Yaki, Yee, Teng, Bierman, Katz, Brown, Medina. File 98-0608, Resolution No. 307-98 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisors Katz, Brown, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Ammiano, Katz, Bierman, Medina. File 98-0611, Motion No. M98-57 (April 13, 1998 - Introduced in Board for consideration on April 20, 1998.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. IMPERATIVECALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolution(s) being considered at this time are purely commendatory. Supervisor Medina, seconded by Supervisor Newsom, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. [Brown Act Finding] Motion that the Board finds 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. Supervisor Medina, seconded by Supervisor Newsom, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. [Imperative Resolution] Adopted [Commend Laguna Honda Hospice/Palliative Care] Resolution commending Laguna Honda Hospice and Palliative Care Service for their specialized holistic care for more than 900 San Francisco residents coping with incurable illness. File 98-0634, Resolution No. 309-98 Supervisors Medina, Bierman, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Medina, Newsom, Yaki, Yee-8. Absent: Supervisors Kaufman, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Appropriation, Department of Public Health] Ordinance appropriating $15,775,056, Department of Public Health, San Francisco General Hospital and Laguna Honda Hospital, of Medical Revenues in excess of budget estimates to fund increased salaries, fringe benefits, professional services, materials, equipment and facilities maintenance and the creation of 75.70 positions for fiscal year 1997-98; companion measure to File 98-0632. RO #97234. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0631. [Salary Ordinance Amendment, Dept of Public Health] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Public Health-Community Health Network, reflecting the creation of 75.70 positions; companion measure to File 98-0631. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0632. [Appropriation, Department of Public Works] Ordinance appropriating $22,477,779, Department of Public Works, from the General Fund Reserve to fund the construction of City Hall for fiscal year 1997-98. RO #97240. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0633. Referred to Board [Commemorate Israel’s 50th Anniversary] Resolution commemorating the Fiftieth Anniversary of the State of Israel’s Independence. Supervisors Katz, Kaufman, Newsom, Bierman, Ammiano, Teng, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0635. [Proclaim SLUG Day] Resolution recognizing the San Francisco League of Urban Gardeners on the occasion of their Fifteenth Anniversary and declaring May 2, 1998 as SLUG Day. Supervisors Kaufman, Katz, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0636. [Commend Names Project Foundation] Resolution honoring the Names Project Foundation for their continuing work on behalf of the friends and families who have died of AIDS through the AIDS Memorial Quilt and for the inspiration and reminder of those who have passed that the quilt provides. Supervisors Teng, Katz, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0637. [Proclaim Mental Health Association Day] Resolution declaring May 19, 1998 Mental Health Association of San Francisco Day. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0638. [Commend Martin J. Jenkins] Resolution commending United States District Judge Martin J. Jenkins on being sworn in as a judge to the United States Northern District Court. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0639. [State Legislation, SB 2199] Resolution supporting SB 2199 (Lockyer) and its associated State Budget augmentation of $70.3 million, which would establish and fund a fully functional adult protective services system statewide to protect seniors and prevent elder abuse. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0640. [State Legislation, SB 1373] Resolution supporting SB 1373 which calls for the Legislature to invest at least $1.00 per capita in the arts and to increase the 1998-99 budget of the California Arts Council and each annual budget thereafter. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0641. [Consumer Bill of Rights and Responsibilities] Resolution supporting the Consumer Bill of Rights and Responsibilities as endorsed by President William Clinton. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0642. [Child Study Center, San Francisco State University] Resolution urging San Francisco State University to reconsider its plan to relocate the Child Study Center to a smaller facility, particularly in light of welfare reforms that will introduce many more children into the subsidized child care system. Supervisors Bierman, Ammiano, Yee, Brown, Katz, Medina, Newsom, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0643. [Discrimination in Public Accommodations] Resolution encouraging the Human Rights Commission to monitor and investigate alleged acts of discrimination in public accommodations. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0644. RequestsforHearings: [Tree Removal, Folsom Street] Hearing to consider the Department of Public Work’s proposed tree removal on Folsom Street, between Third and Fourth Streets. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0645. [Dry Cleaners, BAAQMD Rule 1116] Hearing to discuss the efforts of San Francisco dry cleaners to comply with the Bay Area Air Quality Management District to Rule 1116 and the BAAQMD’s efforts to assist the dry cleaner business owners. Supervisor Yee presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0646. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar April 27, 1998. File 98-0647. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0588. [Sandler v. CCSF] Ordinance approving settlement agreement in Sandler v. City and County of San Francisco. (U.S.D.C. Northern California No. C94-1334 SI). (City Attorney) Referred to Rules Committee. File 98-0615. [Appropriation, Dept of Building Inspection] Ordinance appropriating $67,718, Department of Building Inspection, of Building Inspection Fund balance (to enforce apartment unit conversion ordinance) for salaries, fringe benefits, equipment and services of City Attorney and the creation of one (1) position for fiscal year 1997-98; companion measure to File 98-0616. RO #97236. (Controller) Referred to Finance Committee. File 98-0616. [Salary Ordinance Amendment, Building Inspection] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Department of Building Inspection, reflecting the creation of one (1) position, Class 6333 Senior Building Inspector; companion measure to File 98-0615. (Department of Human Resources) Referred to Finance Committee. File 98-0617. [Robert Rene Mitchell v. CCSF, et al.] Ordinance authorizing settlement of litigation of Robert Rene Mitchell against the City and County of San Francisco, by payment of $80,000. (Superior Court No. 979-034). (City Attorney) Referred to Rules Committee. File 98-0618. [State Farm/Yaser v. CCSF, et al.] Ordinance authorizing settlement of litigation of State Farm Fire and Casualty Company, Sami Yaser, George Yaser and dba Fell Quality Market, against City and County of San Francisco by payment of $135,000. (Superior Court Case No. 980-058, consolidated under Superior Court Case No. 977-008). (City Attorney) Referred to Rules Committee. Resolutions Referred to Committee File 98-0582. [Lease of Property, 25 Van Ness Avenue] Resolution authorizing the renewal of an existing lease of real property at 25 Van Ness Avenue with the New Conservatory Theatre Center. (Real Estate Department) Referred to Finance Committee. File 98-0583. [Emergency Repair, Leavenworth Street] Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate sewer on Leavenworth Street from Turk Street to Eddy Street - $89,570.00. (Public Utilities Commission) Referred to Finance Committee. File 98-0584. [Subcontract, DA - Police Officer Training] Resolution authorizing the District Attorney to retroactively contract for, accept and expend funds in the amount of Twenty-Eight Thousand Dollars ($28,000), which includes indirect costs of One Thousand Five Hundred and Forty-Seven Dollars ($1,547), which have been allocated from Community United Against Violence ("CUAVE"), a San Francisco-based non-profit organization, for a project entitled "D.H.S.-Funded Lesbian, Bisexual, and Transgendered Women’s Project" for the twenty-four month period, July 1, 1997 through June 30, 1999. (District Attorney) Referred to Housing and Neighborhood Services Committee. File 98-0585. [State Grant - Violence Against Women] 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 $110,000 available through the Office of Criminal Justice Planning for a project entitled "Violence Against Women Vertical Prosecution - Elder Abuse" for the twelve month period, March 1, 1998 through February 28, 1999, and waiving indirect cost due to funding constraints. (District Attorney) Referred to Housing and Neighborhood Services Committee. File 98-0589. [Grant, Crises Counseling and Stress Management] Resolution authorizing the Department of Public Health, Public Health Division, Community Health Services Branch, Community Mental Health Services, to accept retroactively and expend grant funds of $58,217 from the Federal Emergency Management Agency through the California Department of Mental Health Services to provide crisis counseling in emergency shelters and stress management services; waiving indirect costs. (Department of Public Health) Referred to Health, Family and Environment Committee. File 98-0590. [Revocable Permit, 470 Florida Street] Resolution granting revocable permission to Project Artaud Corporation to construct an entrance including four (4) risers with handrails, wheelchair lift with an enclosure, security grille and marquee for A Traveling Jewish Theatre at 470 Florida Street (Block 3969, Lot 1) and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 98-0591. [Summer Food Service Program] Resolution authorizing the Mayor to apply for, accept and expend $696,925 from the United States Department of Agriculture (USDA) to sponsor the Summer Food Service Program for needy children. (Mayor’s Office of Children, Youth, and Their Families) Referred to Health, Family and Environment Committee. File 98-0592. [PTC Agreement, Transit Passes and Tickets] Resolution authorizing an indemnity provision agreements between the City’s Public Transportation Commission and Bay Area Public Transit Operators for delivery and sale of transit passes and tickets. (Public Transportation Commission) Referred to Economic Development, Transportation and Technology Committee. File 98-0593. [Prop J Contract, Legal Services, District Attorney] Resolution concurring with the Controller’s certification that Legal Process Server Services can be practically performed for the District Attorney, Family Support Bureau, by a private contractor for a lower cost than similar services performed by City and County employees. (District Attorney) Referred to Finance Committee. File 98-0613. [Used Oil Recycling Grant] Resolution authorizing the City Administrator or designee to accept and expend up to $276,398 in oil recycling grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs. (City Administrator/Solid Waste Management Program) Referred to Health, Family and Environment Committee. File 98-0619. [Sale of Surplus Property] Resolution authorizing sale of surplus property (Block 3807, Lot 12, between 7th and Carolina Streets) and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee. File 98-0620. [Sale of Surplus Property] Resolution authorizing sale of surplus City-owned property (Block 16, Lots 1 through 24, Oakdale, Stanislaus County) and confirming actions of City officials. (Real Estate Department) Referred to Finance Committee. File 98-0621. [Fire Dept. Special Use Permit, S.F. Presidio] Resolution authorizing a special use permit at Building 1216 in the Presidio of San Francisco, for use by the Fire Department’s Emergency Medical Service Division. (Real Estate Department) Referred to Finance Committee. File 98-0625. [Lease Amendment, 44 Gough Street] Resolution authorizing amendment of an existing lease of real property at 44 Gough Street for the Department of Human Resources. (Real Estate Department) Referred to Finance 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 eliminate the purchase and/or use of products that contain certain targeted hazardous or toxic constituents and reduce or replace the purchase and/or use of products that contain toxic materials or have characteristics that can present a hazard to workers, the public and/or the environment (i.e., corrosivity, flammability, etc.). By Supervisor Yee, that letter of inquiry be sent to Director of Planning concerning building permits issued in 1988, 1996 and 1997 to determine why building permits were issued instead of requiring conditional use modifications and that the Director include the ruling for requiring or not requiring conditional use modification in the case of the current Sutro Tower building permit application. By Supervisor Yee, that letter be sent to Senator John Burton requesting examination of the practice of the Bay Area Air Quality Management District concerning dry cleaning establishments to determine why information was not distributed concerning solvent available which would help businesses comply with Rule 1116. File 98-0646. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Gordon J. Lau (By the entire Board) Ali’iva’s Meau Palega (By the entire Board) Margaret Sloss (By Supervisor Kaufman) Alberto Jesus Borvice (By the entire Board) Tom Mendelke (By the entire Board) Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:28 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