Board of Supervisors Minutes: April 27, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, April 27, 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 2:22 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Quorum present. COMMUNICATION The Clerk presented the following COMMUNICATION s: AppointmentofSupervisorMarkLeno The Mayor has appointed and administered the oath of office to Mark Leno as member of the San Francisco Transportation Authority and member of the Board of Supervisors of the City and County of San Francisco on April 22, 1998. By letter dated April 22, 1998, the Controller has indicated that a recorded bond is on file for each member of the Board of Supervisors. PresentationofGuest Supervisor Ammiano introduced and welcomed Bernadette Devlin, human rights advocate, Ireland. SuspensionoftheRules Supervisor Ammiano, seconded by Supervisor Bierman, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Mrs. Devlin. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Mrs. Devlin thanked the Board of Supervisors for its support during the years of struggle for equal rights for all people in Ireland and hopes that the City join in sharing the monumentous occasion of the freedom gained in Ireland. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 153-98 Finally passed. [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. 154-98 Finally passed. [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. 158-98 Finally passed. [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. (Department of Human Resources) File 98-0550, Ordinance No. 159-98 Finally passed. Passed on First Reading [Appropriation, Dept. of TeleCOMMUNICATION ] Ordinance appropriating $75,000, Department of TeleCOMMUNICATION and Information Services, of Cable TV Access Fund to cover transitional expenses of public access television from TCI to San Francisco Community Television Corporation for fiscal year 1997-98. (Controller) File 98-0486, Ordinance No. Passed on first reading. Adopted [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) File 98-0583, Resolution No. 326-98 Adopted. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Stop Intersections] Resolution designating certain intersections as "Stop" intersections. (Department of Parking and Traffic) File 98-0501, Resolution No. 316-98 (StopSigns-Establish 25th and Hampshire Streets, northeast and southwest corners, stopping 25th Street (makes this an all-way Stop); Garfield and Vernon Streets, northeast and southwest corners, stopping Garfield Street (makes this an all-way Stop); Green and Powell Streets, northwest and southeast corners, stopping Powell Street (makes this an all-way Stop); Lois Lane and Hester Avenue, southwest corner, stopping eastbound Lois Lane (makes this uncontrolled T-intersection a one-way Stop); Ocean Avenue and Havenside Drive, southeast corner, stopping Havenside Drive (makes this T-intersection a one-way Stop); Rolph and Curtis Streets, southeast corner, stopping Curtis Street (makes this T-intersection a one-way Stop); Rolph and Newton Streets, southeast corner, stopping Newton Street (makes this T-intersection a one-way Stop).) Adopted. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. (Department of Parking and Traffic) File 98-0502, Resolution No. 317-98 (1-HourParkingTimeLimit,9am-6pm,MondaythroughSaturday- Rescind ParkingMeterAreaNo.3(30-minuteparkingtimelimit,9am-6 pm,MondaythroughSaturday)-Establish 3rd Street, east side, between King and Townsend Streets. 2-HourParkingTimeLimit,9am-6pm,MondaythroughFriday- Rescind ParkingMeterAreaNo.3(1-hourparkingtimelimit,7am-6pm, MondaythroughSaturday)-Establish 3rd Street, west side, between King and Townsend Streets. NoParking,7am-6pm,MondaythroughFriday-Rescind NoParkingAnytime-Establish Stevenson Street, north side, from 10th Street to east terminus. NoParkingAnytime-Rescind 10-MinuteParkingtimelimit,7am-6pm,MondaythroughFriday- Establish Stevenson Street, south side, from 10th Street to east terminus. Two-HourParkingTimelimit,7am-6pm,ExceptSunday-Establish Harrison Street, north side, from 9th Street to 173 feet east of Gordon Street. Tow-Away,NoParkingAnytime-Rescind Lucerne Street, west side, from a point 193 feet south of Brannan Street to the south terminus. Tow-Away,NoParkingAnytime-Establish Bluxome Street, north side, between 5th and 6th Streets. NoParkingAnytime-Rescind Elk Street, west side, between Bosworth and Sussex Streets. NoParkingAnytime-Establish Leavenworth Street, west side, between the north and south property lines of Francisco Street (opposite the stem of this T-intersection). Perpendicular(90-DegreeAngle)Parking-Establish Bluxome Street, south side, between 5th and 6th Streets; Williams Street, south side, from Mendell Street to 135 feet westerly (135-foot zone, including the T-intersection at Reddy Street). ResidentialPermitParkingArea"I"(1-hourtimelimit,9am-6 pm,MondaythroughSaturday-Establish 21st Street, both sides, between Folsom and Shotwell Streets (easterly portion of 3000 block); ResidentialPermitParkingArea"I"-Establish 22nd Street, both sides, between Mission and Capp Streets (3100 block). ResidentialPermitParkingArea"J"(2-HourTimeLimit,8am-5 pm,MondaythroughFriday)-Establish Alma Street, both sides, between Cole and Shrader Streets (100 block). ResidentialPermitParkingArea"R"(2-HourTimeLimit,9am-6 pm,MondaythroughSaturday)-Establish Franklin Street, east side, between Ellis and O’Farrell Streets (1000 block). ResidentialPermitParkingArea"U"(1-HourTimeLimit,8am-10 pm,Everyday)-Establish Ringold Street, both sides, between 8th and 9th Streets (unit block). ResidentialPermitParkingArea"U"(2-Hourtimelimit,8am-10 pm,MondaythroughFriday)-Establish Russ Street, both sides, between Howard and Folsom Streets (100 block); (Note: Residential Permit Parking signs shall not be installed on Russ Street, west side, from Howard Street to 177 feet southerly.) Adopted. [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. (Department of Parking and Traffic) File 98-0503, Resolution No. 318-98 (Tow-Away,NoStopping,except7am-11am,MondaythroughFriday -Rescind Tow-Away,NoStopping,11am-6pm,MondaythroughFriday- Establish Sutter Street, north side, from Grant Avenue to 150 feet westerly (150-foot zone, change in effective hours only). Tow-Away,NoStoppinganytime-Rescind Polk Street, east side, from Turk Street to a point 41 feet north of Golden Gate Avenue (zone to be replaced by metered motorcycle parking). Tow-Away,NoStopping,7am-6pm,MondaythroughFriday-Rescind Harrison Street, north side, from 9th Street to 173 feet east of Gordon Street. MultipleRightTurnLanes-Establish Harrison Street, westbound, at 9th Street. NoLeftTurns,ExceptMUNI-Rescind NoLeftTurns-Establish 9th Avenue, southbound, at Lincoln Way. NoLeftTurns,ExceptMUNI-Establish 9th Avenue, northbound, at Lincoln Way. NoLeftTurns-Establish Masonic Avenue, northbound, approximately 200 feet north of Geary Boulevard (into private driveway). NoU-Turns-Establish Masonic Avenue, northbound, at Euclid Avenue. NoLeftTurns,4pm-6pm-Rescind NoLeftTurns,4pm-7pm-Establish Masonic Avenue, both directions, at Fulton Street (change in effective hours only); Masonic Avenue, both directions, at Golden Gate Avenue (change in effective hours only); Masonic Avenue, both directions, at Turk Street (change in effective hours only). One-WayStreet-Establish Lois Lane, eastbound, between Bayshore Boulevard and Hester Avenue. Tow-Away,NoStoppinganytime-Establish Elk Street, west side, between Bosworth and Sussex Streets.) Adopted. RecommendationsofRulesCommittee Finally Passed [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. 155-98 (Superior Court No. 990-898.) Finally passed. [Conflict of Interest Code] Ordinance amending Administrative Code to reflect organizational changes at the Port of San Francisco. (Port) File 98-0489, Ordinance No. 156-98 (Amends Section 58.290.) Finally passed. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [Revocable Permit] Resolution granting revocable permission to the 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) File 98-0562, Resolution No. 324-98 Adopted. [Grant - State Funds] Resolution authorizing the Director of Public Works and the Executive Director of the Department of Parking and Traffic to execute documents necessary to apply for, accept and expend $575,518 of Transportation Development Act (TDA) Article 3 funds for bicycle and pedestrian projects and waiving indirect costs. Sponsor Supervisor Yaki. File 98-0574, Resolution No. 325-98 (Fiscal Impact.) Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee Finally Passed [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. 149-98 (Adds Article X to Chapter 20, encompassing Sections 20.100 to 20.124.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [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. 150-98 (Adds Article IX to Chapter 20, encompassing Sections 20.70 to 20.93.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [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. 151-98 (Adds Article XI to Chapter 20, encompassing Sections 20.200 to 20.225.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [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. 152-98 (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.) Finally passed by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki-7. Noes: Supervisors Ammiano, Bierman, Medina, Yee-4. FromTheBoard Finally Passed [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. 157-98 (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. ) Finally passed by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-9. Noes: Supervisors Ammiano, Bierman-2. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Design-Build/Finance Contracting Procedures] Ordinance amending Administrative Code authorizing the directors of departments who enter into construction contracts to seek proposals from private entities for design-build construction and/or financing of public works projects where necessary or appropriate to achieve cost savings or time efficiencies, or both, provided the final agreement shall be subject to approval of the Board of Supervisors. (Mayor Willie L. Brown, Jr.; Supervisors, Kaufman, Teng, Newsom) File 98-0450, Ordinance No. (Adds Section 6.09.) Passed on first reading by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee-3. [Appropriation, San Francisco General Hospital] Ordinance appropriating $30,000,000 to allow San Francisco General Hospital to participate in the SB 1255 Disproportionate Share Payment and Medi-Cal Graduate Medical Education Programs through the California Medical Assistance Commission during fiscal year 1997-98, funded from miscellaneous Health Department revenues. (Mayor Willie L. Brown, Jr.; Supervisors Teng, Kaufman, Newsom, Bierman) File 98-0569, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [Treasure Island Development Authority] Resolution directing the Treasure Island Development Authority to adopt certain competitive bidding, competitive negotiation and conflict of interest rules; subjecting the appointment of certain members of the Authority to approval and confirmation by the Board of Supervisors; requiring that all contracts in excess of 10 years or one million dollars in revenue be approved by the Board of Supervisors; prohibiting gambling on Treasure Island in the event the State Constitution is amended; requiring development on Treasure Island to comply with applicable City zoning and land use laws, subjecting the Authority to the City’s Sunshine Ordinance; subjecting proposed contracts by the Authority to the City’s non-discrimination and equal benefits ordinance; and acknowledging the applicability of the Tidelands Trust to former tide and submerged lands. Sponsor Supervisor Yaki. File 98-0430, Resolution No. 314-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Grant - Federal Funds] Resolution authorizing the Director of Public Transportation to accept $145,797,746 in Federal FTA Section 3 Capital Assistance and $30,782,000 in Federal Surface Transportation Program funds to acquire light rail vehicles. (Public Transportation Commission) File 98-0512, Resolution No. 319-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [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; the conservator shall be in compliance with Chapter 12B of the Administrative Code. (Nondiscrimination in Contracts.). (Public Utilities Commission) File 98-0560, Resolution No. 323-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofHousingandNeighborhoodServicesCommittee Passed on First Reading [Sidewalk Tables and Chairs Permit Enforcement] Ordinance amending Public Works Code to authorize the Director of the Department of Public Health to assist the Director of Public Works in making determinations regarding compliance with the requirements governing the placement of tables and chairs in public rights-of-way. Sponsor Supervisor Newsom. File 123-97-7, Ordinance No. (Adds Section 176.6A.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Vehicle Weight Restriction] Ordinance amending the Traffic Code, adding to the list of streets upon which a commercial vehicle weight restriction shall apply. (Department of Parking and Traffic) File 98-0505, Ordinance No. (Adds Section 28.5.51.) (26th Street, between Church and Sanchez Streets.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Grant - Federal] Resolution authorizing the Department of Human Services to retroactively, accept and expend a Federal grant in the amount of $113,616 from the U.S. Department of Housing and Urban Development for the period of October 1, 1997, through June 30, 1998, to provide six (6) AmeriCorps participants who will provide support services for homeless families and their children at Connecting Point, the Family Housing Crisis Center, a program of compass community services, and at the Holy Family Day Home Childcare Center; and waiving indirect cost. (Department of Human Services) File 98-0316, Resolution No. 311-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Automobile Insurance Fraud Grant] Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds in the amount of $353,823.00 made available through the California Department of Insurance for a project entitled "The Investigation and Prosecution of Automobile Insurance Fraud" for the period of July 1, 1997, through June 30, 1998. (District Attorney) File 98-0544, Resolution No. 320-98 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Workers’ Compensation Fraud Grant] Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds in the amount of $324,920.00 made available through the California Department of Insurance for a project entitled "The Investigation and Prosecution of Workers’ Compensation Fraud" for the period of July 1, 1977, through June 30, 1998. (District Attorney) File 98-0545, Resolution No. 321-98 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Liquor License Transfer, 1301 Sixth Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license, Type 9 beer and wine importer license, Type 12 distilled spirits importer license, Type 17 beer and wine wholesaler license, and Type 18 distilled spirits wholesaler license from Pier 19/The Embarcadero to Hugh deVernou for "Bercut-Vandervoort & Co.", located at 1301 Sixth Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0326, Resolution No. 312-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Liquor License, 1301 Sixth Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine alcoholic beverage control license to Hugh deVernou for "MIF San Francisco, Inc.", located at 1301 Sixth Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0327, Resolution No. 313-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Consideration Continued as Amended [Liquor License, 621 Divisadero] Resolution determining that the issuance of a Type 20 off-sale beer and wine alcoholic beverage control license to Randa and Talal Naser and Raed and Rajalie Salman for "Health Haven", located at 621 Divisadero, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Housing and Neighborhood Services Committee) File 98-0368, Resolution No. (Conditions: (1) Not more than ((10))5 percent of the square footage of the premises will be used for the sale of alcoholic beverage. (2) No wine shall be sold with an alcoholic content greater than 15 percent by volume.) Supervisor Medina, seconded by Supervisor Ammiano, moved to amend condition number 1, line 19, by replacing "10" with "5". Motion to amend adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki-7. Noes: Supervisors Ammiano, Bierman, Medina, Yee-4. Supervisor Brown, seconded by Supervisor Newsom, moved to continue consideration as amended to May 4, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki-7. Noes: Supervisors Ammiano, Bierman, Medina, Yee-4. AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair. Consideration Continued [Liquor License Transfer, 1306 Fulton Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine alcoholic beverage control license from 5260 Diamond Heights to 1306 Fulton Street, to Musa and Khaled Dajani for "Abir’s Natural Foods", will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. (Housing and Neighborhood Services Committee) File 98-0419, Resolution No. (Conditions: (1) Not more than 8 percent of the square footage of the premises will be used for the sale of alcoholic beverage. (2) No wine shall be sold with an alcoholic content greater than 15 percent by volume.) Supervisor Newsom, seconded by Supervisor Brown, moved to continue consideration to May 4, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki-9. Noes: Supervisors Medina, Yee-2. The President resumed the Chair. Adopted [Liquor License Transfer, 1601 Haight Street] Resolution determining that the transfer of a Type 48 on-sale general public premises alcoholic beverage control license from Ed Walsh, Federal Bankruptcy Trustee, to Diane Mulligan for "Good Time Last Night, LLC", located at 1601 Haight Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0500, Resolution No. 315-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Liquor License Modification, 1901 McAllister Street] Resolution modifying the conditions imposed on the Conditional Alcoholic Beverage License for Arinze G. Anoruo, dba Home Cash Market, located at 1901 McAllister Street, in accordance with Section 23804 of the Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0552, Resolution No. 322-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. CalledfromFinanceCommitteebySupervisorBierman Consideration Continued as Amended [Displaced Worker Protection Act] ((Ordinance amending Police Code to provide for the retention of security, janitorial, buildings maintenance and non-professional health care workers when a successor contract is awarded.)) Sponsor Supervisor Bierman. OrdinanceamendingPoliceCodetoprovidefortheretentionof security,janitorialandbuildingmaintenanceworkerswhena successorcontractisawarded. File 121-97-010, Ordinance No. (Adds Article 33C, Sections 3300C.1 through 3300C.6.) Supervisor Bierman, seconded by Supervisor Kaufman, moved an amendment of the whole entitled, "Ordinance amending Police Code to provide for the retention of security, janitorial and building maintenance workers when a successor contract is awarded." Amendment of the whole adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee-3. Supervisor Kaufman, seconded by Supervisor Newsom, moved to continue consideration as amended to May 4, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee-3. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Martin Reed, urge creation of Commission on the Status of African Americans; Cati Okorie, City Watch programming schedule, Unsung Heroes; Jesus Gumban, employee dismissal case; Male speaker, Folsom Street, tree council; Rodney Talmidge, oppose needle exchange program; Eva Hart; Janine Nadine Youssopoff-Vasilielf, oppose increase in taxi permits. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ConferencewithCityAttorney AnticipatedLitigation AsDefendant Consideration Continued Motion that the Board convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation (City anticipated to be a defendant) related to the City’s consideration of an extension of the MBE/WBE/LBE Ordinance IV, and further related to the consideration of any additional amendments to this Ordinance. This closed session would be permitted by Government Code Section 54956.9(b). The Clerk stated that the City Attorney requested that this matter be placed on the May 4, 1998 agenda. No objection and Clerk directed to comply. 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 Yaki requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [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. Sponsors Supervisors Bierman, Ammiano, Yee, Brown, Katz, Medina, Newsom, Teng, Yaki. File 98-0643, Resolution No. (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) At the request of Supervisor Yaki, referred to Health, Family and Environment Committee. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commemorate Israel’s 50th Anniversary] Resolution commemorating the Fiftieth Anniversary of the State of Israel’s Independence. Sponsors Supervisors Katz, Kaufman, Newsom, Bierman, Ammiano, Teng, Medina, Brown. File 98-0635, Resolution No. 327-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. [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. Sponsors Supervisors Kaufman, Katz, Newsom, Bierman, Teng, Ammiano, Brown. File 98-0636, Resolution No. 328-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Teng, Ammiano, Brown requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Katz, Kaufman, Bierman, Newsom, Ammiano, Brown. File 98-0637, Resolution No. 329-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Ammiano, Brown requested to be added as co-sponsors. [Proclaim Mental Health Association Day] Resolution declaring May 19, 1998 Mental Health Association of San Francisco Day. Sponsors Supervisors Bierman, Teng, Ammiano, Brown, Katz. File 98-0638, Resolution No. 330-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Teng, Ammiano, Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Brown, Teng, Ammiano. File 98-0639, Resolution No. 331-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Teng, Ammiano requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Ammiano, Brown, Katz. File 98-0640, Resolution No. 332-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Ammiano, Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Bierman, Newsom, Ammiano, Katz. File 98-0641, Resolution No. 333-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Ammiano, Katz requested to be added as co-sponsors. [Consumer Bill of Rights and Responsibilities] Resolution supporting the Consumer Bill of Rights and Responsibilities as endorsed by President William Clinton. Sponsors Supervisors Bierman, Ammiano, Brown, Katz. File 98-0642, Resolution No. 334-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Ammiano, Brown, Katz requested to be added as co-sponsors. [Discrimination in Public Accommodations] Resolution encouraging the Human Rights Commission to monitor and investigate alleged acts of discrimination in public accommodations. Sponsors Supervisors Brown, Teng, Ammiano, Katz. File 98-0644, Resolution No. 335-98 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisors Teng, Ammiano, Katz requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee. File 98-0647, Motion No. M98-60 (April 20, 1998 - Introduced in Board for consideration on April 27, 1998.) Adopted. [Final Map] Motion approving final map of 1317 Hyde Street, a Residential Condominium Project, being a subdivision of Lot 3 in Assessor’s Block No. 217, and adopting findings pursuant to Planning Code Section 101.1. Sponsor Supervisor Ammiano. File 98-0629, Motion No. M98-58 (April 17, 1998 - Referred to Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Final Map] Motion approving final map of 999 16th Street, a Live/Work Condominium Project, being a subdivision of Lot 5 in Assessor’s Block No. 3950, and adopting findings pursuant to Planning Code Section 101.1. Sponsor Supervisor Ammiano. File 98-0630, Motion No. M98-59 (April 17, 1998 - Referred to Board for consideration on April 27, 1998.) Adopted. In connection with the above item, Supervisor Ammiano 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, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Bond Pass Through] Substitute ordinance amending Administrative Code Sections 37.2, 37.3 and 37.8 to permit landlords to pass through to tenants any increase in the property tax rate imposed as a result of a ballot measure approved by the voters between November, 1996 and November, 1998. Supervisors Yaki, Teng, Bierman, Brown, Yee, Kaufman presented. Referred to Finance Committee. File 000-98-0521. [First Source Ordinance] Ordinance amending Administrative Code by adding Chapter 83, Sections 83.1 through 83.18, to establish specific requirements, procedures and monitoring for first source hiring of qualified economically disadvantaged individuals for entry level positions, applicable to city contracts, city property contracts and building permits and planning approvals for commercial development projects. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0663. [Municipal Elections Code] Ordinance amending Elections Code Sections 830 and 840 to reduce the fee for publication of ballot arguments in the voter information pamphlet from $200 plus $3 per word to $200 plus $2 per word and increase the value of signatures submitted in lieu of fees from $.25 per signature to $.50 per signature. Supervisor Yee presented. Referred to Finance Committee. File 98-0664. [Non-Profit Organizations, Public Access] Draft ordinance amending Administrative Code by adding Chapter 12K, Sections 12K.1 through 12K.9, to create requirements in contracts between the City and non-profit organizations that ensure public access to records and meetings of the Board of Directors of the non-profit organization and by amending Section 67.30 by adding subsection 67.30(D) to specify the powers possessed by the Sunshine Ordinance Task Force. Supervisor Ammiano presented. Referred to Finance Committee. File 98-0666. [Non-Profit Organizations] Draft resolution requesting the City’s agencies and departments to provide information to the Board of Supervisors relating to contract monitoring procedures and provisions in contracts with non-profit organizations in order to determine whether and how such procedures and provisions should be standardized; companion measure to File 98-0666. Supervisor Ammiano presented. Referred to Finance Committee. File 98-0665. Referred to Board [Commend National Women’s Political Caucus] Resolution commending the California Chapter of the National Women’s Political Caucus on its 25th Anniversary. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0667. [Commend Bar Harbor, Maine] Resolution commending Bar Harbor, Maine, for banning discrimination based on sexual orientation in housing, employment, or credit and urging other communities in the state to follow suit. Supervisors Leno, Katz, Ammiano, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0668. [Commend Roberto Talavera] Resolution commending Mr. Roberto Talavera for 27 years of service to the Board of Directors at the Mission Housing Development Corporation. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0669. [Commend Asian Pacific American Heritage Month] Resolution commending "Asian Pacific American Heritage Month," declaring May 1998 as "Asian Pacific American Heritage Month" in the City and County of San Francisco, and welcoming the art exhibition of calligraphy master Jue Wan Chin to City Hall. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0670. [Commend Ontario Court of Appeal] Resolution commending Canadian Court that ruled that spouses can be of the same sex. Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0671. [State Legislation, AB 1663] Resolution urging the California State Legislature and Governor Pete Wilson to approve Assembly Bill 1663. Supervisor Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0672. [Federal Legislation, S 600] Resolution urging the United States Congress to enact into law Senate bill 600 - The Personal Information Privacy Act of 1997, which limits the accessibility and unauthorized commercial use - specifically on the Internet - of Social Security numbers, unlisted telephone numbers, and certain other types of sensitive personal information. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0673. [State Legislation, AB 2806] Resolution urging that the City and County of San Francisco support AB 2806, establishing as State policy that each court shall endeavor to provide a children’s waiting room in each courthouse for children whose parents or guardians are attending a court hearing. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0674. [Disaster Relief Funding] Resolution authorizing designated City and County officials to execute and file, on behalf of the City and County of San Francisco, an application for federal and/or state financial assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act and the State Natural Disaster Assistance Act for funds as a result of the 1998 winter storms. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0675. [Job Creation Investment Fund Grant] Resolution authorizing the Mayor’s Office of Economic Development to represent the City and County of San Francisco to apply for, accept and expend a grant from the California Trade and Commerce Agency’s Job Creation Investment Fund program. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0676. Referred to Committee [Tobacco Paraphernalia Interim Zoning Control] Resolution extending Interim Zoning Controls for an additional six month period to prohibit temporarily the establishment of new enterprises that sell tobacco paraphernalia and making a findings of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0677. [Sutro Tower Dynamic Analysis] Resolution directing the Director of the Department of Building Inspection to require Sutro Tower, Inc. to perform a full dynamic analysis of Sutro Tower and report the results to the Board of Supervisors before construction of any additional structures to the tower. Supervisors Bierman, Ammiano, Yee presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0678. [Ombudsprogram, General Assistance] Resolution supporting the concept of City and County ombudsprogram to advocate for general assistance and indigent adult program recipients. Supervisor Brown presented. Referred to Finance Committee. File 98-0683. RequestsforHearings: [Transfer of Housing Authority To City] Hearing to consider the transfer of the Housing Authority from HUD back to local control, specifically as it relates to the problem of racially and ethnically motivated violence at Housing Authority developments. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee. File 206-97-009. [Use of City Owned Property Beside Schools] Hearing to consider multi-use of land located beside schools at night and on weekends by the general public. Supervisor Newsom presented. Referred to Parks and Recreation Committee. File 98-0679. [Geneva Towers Demolition] Hearing to consider what steps can be taken to ameliorate the adverse environmental impact surrounding the demolition of the Geneva Towers. Supervisor Brown presented. Referred to Health, Family and Environment Committee. File 98-0680. [General Assistance Update] Hearing to consider bi-annual update on the status of the revised general assistance programs, including but not limited to the job training programs and number of programs available to GA recipients. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0681. Motions: Referred to Committee [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, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 4, 1998. File 98-0682. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0651. [Parking Meter Rates] Ordinance amending Traffic Code by amending Sections 203.1 through 203.4, inclusive, relating to parking meter rates (15-minute meters). (Department of Parking and Traffic) Referred to Finance Committee. File 98-0652. [Wayne Quan, v. CCSF, et al.] Ordinance authorizing settlement of litigation of Wayne Quan against James Robinson and the City and County of San Francisco by payment of $45,000.00 (Superior Court No. 981-627). (City Attorney) Referred to Rules Committee. Resolutions Referred to Committee File 98-0626. [Emergency Repair, Church Street Sewer] Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate sewer on Church Street from 19th Street to Hancock Street - $104,076.00. (Public Utilities Commission) Referred to Finance Committee. File 98-0648. [Private Grant, Dental Health Foundation] Resolution authorizing the Department of Public Health, Public Health Division, Community Health Promotion and Prevention, to accept retroactively and expend grant funds of $63,295 from the Dental Health Foundation to provide school-based dental screenings and sealants, and to enter into an agreement which does not include patent infringement indemnification and false claims clauses; waiving indirect costs. (Department of Public Health) Referred to Health, Family and Environment Committee. File 98-0656. [Lease Amendment, 680 Eighth Street] Resolution authorizing an amendment to a lease of real property at 680 Eighth Street, San Francisco, for the Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 98-0657. [Lease of Property, 3801 Third Street] Resolution authorizing a lease of real property at 3801 Third Street, San Francisco, for the Department of Public Health. (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 Medina, that City Attorney prepare ordinance based on Senate bill 600, The Personal Information Privacy Act of 1997, which limits the accessibility and unauthorized commercial use, specifically on the internet, of social security numbers, unlisted telephone numbers and certain other types of sensitive personal information. By Supervisor Newsom, that letter of inquiry be sent to Director, Public Utilities Commission, concerning solar heating systems and solar electricity generation to request information on whether City managed buildings have such systems and the feasibility of installing either one at City Hall and other government buildings. By Supervisor Teng, that City Attorney prepare legislation to enact High Quality Child Care Fund which would earmark $2 million for quality enhancement, establish an advisory committee staffed by the Mayor’s Office of Children, Youth and their Families Starting Points Initiative to make recommendations on the priorities of child care strategies (mental health services and consultation in child care, needs of family child care and licensed-exempt providers, immigrant children and children from disadvantaged families and communities). By Supervisor Brown, that letter be sent to Department of Housing and Urban Development concerning demolition of Geneva Towers to determine the name of the person in charge of the demolition and who to contact for information, name of general contractor responsible for the project and his contact person, time frame for the project’s completion and the specific engineering or technical reason why the community surrounding the project must be subjected to the noise and air pollution generated by jackhammers and other heavy equipment operating six days a week. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Krikor Krouzian Sponsor Supervisor Kaufman. Elaine Shragge Sponsor Supervisor Kaufman. Bill May (By the entire Board) Jerry Terranova Sponsor Supervisor Ammiano. Lynne Marie Petersen Sponsor Supervisor Katz. Pamela Melillo Sponsor Supervisor Katz. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:33 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