Board of Supervisors Minutes: May 18, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, May 18, 1998 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:11 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Quorum present. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Medina, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, April 6, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Public Defender’s Office] Ordinance appropriating $100,207, Public Defender’s Office, from the General Fund Reserve for salaries and fringe benefits and for the creation of two (2) new positions; companion measure to File 98-0485. (Controller) File 98-0484, Ordinance No. 177-98 Finally passed. [Salary Ord. Amendment, Public Defender’s Office] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Public Defender’s Office, reflecting the creation of two (2) new positions (Class 8174 Attorney, Civil and Criminal); companion measure to File 98-0484. (Department of Human Resources) File 98-0485, Ordinance No. 178-98 Finally passed. [Appropriation, Dept. of Public Health] Ordinance appropriating $15,501,323, 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. (Mayor Willie L. Brown, Jr.) File 98-0631, Ordinance No. 180-98 Finally passed. [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.) File 98-0632, Ordinance No. 181-98 (Fiscal Impact.) Finally passed. [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. (Mayor Willie L. Brown, Jr.) File 98-0633, Ordinance No. 176-98 (Fiscal Impact.) Finally passed. Adopted [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 to provide for an increase in administrative space for Perinatal Outreach and Education Programs. (Real Estate Department) File 98-0656, Resolution No. 391-98 Adopted. [Lease Amendment, 3801 Third Street] Resolution authorizing a lease of real property at 3801 Third Street, San Francisco, for the Department of Public Health, to provide space for use as administrative offices of the Home Visiting Demonstration Program, funded for three years by a State grant which was previously approved by the Board of Supervisors. (Real Estate Department) File 98-0657, Resolution No. 392-98 Adopted. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Subcontract, District Attorney/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 ("CUAV"), 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) File 98-0584, Resolution No. 387-98 Adopted. [State Grant - Violence Against Women] Resolution authorizing the District Attorney 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) File 98-0585, Resolution No. 388-98 Adopted. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [Revocable Permit, 470 Florida Street] Resolution granting revocable permission to Project Artaud Corporation to construct an entrance including four risers with handrails, wheelchair lift with an enclosure, security grille and a 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) File 98-0590, Resolution No. 389-98 Adopted. RecommendationsofRulesCommittee Passed on First Reading [Wayne Quan, v. CCSF, et al] Ordinance authorizing settlement of litigation of Wayne Quan against James Robinson and the City and County by payment of $45,000. (City Attorney) File 98-0652, Ordinance No. (Superior Court No 981-627.) Passed on first reading. Adopted [Appointments] Resolution appointing members to the Sunshine Ordinance Task Force, terms expired, for new two year terms ending April 27, 2000. (Rules Committee) File 98-0794, Resolution No. 413-98 (Bruce Brugmann, succeeding himself, Seat No. 27102, must be local journalist nominated by Society of Professional Journalists; David Pilpel, succeeding himself, Seat No. 27108, must be member of public experienced in consumer advocacy; Ruach Graffis, succeeding herself, Seat No. 27114, must be member of public with interest/experience in local government; Amelia Ashley-Ward, succeeding Enrique Ramirez, Seat No. 27109, must be member of public experienced in consumer advocacy.) 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. AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationofFinanceCommittee Finally Passed (Supervisor Kaufman excused from voting.) (See Journal of Proceedings of May 11, 1998.) [Bond Pass Through] Ordinance amending Administrative Code 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. (Mayor Willie L. Brown, Jr., Supervisors Yaki, Teng, Bierman, Brown, Yee) File 98-0521, Ordinance No. 179-98 (Amends Sections 37.2, 37.3 and 37.8.) Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee-9. Noes: Supervisor Ammiano-1. Excused: Supervisor Kaufman-1. The President resumed the Chair. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Appropriation, Public Utilities Commission] Ordinance appropriating $310,580, Public Utilities Commission, Water Department, from the Water Department Operating Fund Balance, to fund with associated costs the implementation of safe drinking water and seismic reliability capital improvement programs (Propositions A and B) and creation of fifteen (15) positions for fiscal year 1997-98; companion measure to File 98-0687. (Controller) File 98-0686, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Salary Ordinance Amendment, PUC-Water Dept.] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Public Utilities Commission - Water Department, reflecting the creation of fifteen (15) new positions; companion measure to File 98-0686. (Department of Human Resources) File 98-0687, Ordinance No. (Fiscal Impact.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Camp Mather Fees] Ordinance amending the Park Code approving fees for Camp Mather. (Recreation and Park Department) File 98-0491, Ordinance No. (Adds Article 12, Sections 12.01 through 12.04.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Parking Meter Rates] Ordinance amending Traffic Code, relating to parking meter rates. (Department of Parking and Traffic) File 98-0651, Ordinance No. (Amends Sections 203.1 through 203.4, inclusive.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Equipment Lease Financing, 911 Center] Resolution approving the issuance of Lease Revenue Bonds (aggregate amount not to exceed $60,000,000) of the City and County San Francisco Finance Corporation; approving the form and authorizing the execution and delivery of an equipment lease between the City and County of San Francisco Finance Corporation (the "Corporation"), as lessor, and the City and County (the "City"), as lessee, relating to the equipment (including certain indemnification provisions therein); approving the form and authorizing the execution and delivery of an Indenture of Trust among the corporation, the City and the trustee; approving the form and authorizing the execution and delivery of a Continuing Disclosure Certificate relating to said Bonds; approving the circulation of an official statement relating to said Bonds; authorizing the payment of certain costs of issuance from the proceeds of such Bonds; ratifying previous actions taken in connection with the foregoing matters; adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1; and authorizing the taking of appropriate actions in connection therewith. (Mayor’s Office of Finance and Legislative Affairs) File 98-0690, Resolution No. 393-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Estate of Zygmunt Arendt] Resolution authorizing the Public Administrator to act as the personal representative of the Mayor and Board of Supervisors for the purpose of probating the estate of Zygmunt Arendt and authorizing the Public Administrator to seek approval from the Probate Court for the appointment of the Executive Director of the Department of Human Services to manage distribution of the estate under the oversight of the Mayor and Board of Supervisors. Sponsor Supervisor Kaufman. File 98-0722, Resolution No. 394-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Consideration Continued AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair so the President could testify on the following item. The President resumed the chair shortly thereafter. [Motor Fuel Prices] Ordinance amending Administrative Code to require refiners of motor fuels to divorce company-owned service stations in the City and County, to preclude refiners from owning service stations in San Francisco in the future, and barring discrimination by refiners in the wholesale prices charged to service stations in San Francisco. Sponsors Supervisors Yaki, Leal, Brown, Bierman. File 97-97-57, Ordinance No. (Adds Chapter 80, Sections 80.1 through 80.9.) Supervisor Yaki, seconded by Supervisor Teng, moved to continue consideration to June 8, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [PTC Agreement, Transit Passes and Tickets] Resolution authorizing retroactively, an indemnity provision in 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) File 98-0592, Resolution No. 390-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationofRulesCommittee Adopted [Sunshine Ordinance Task Force] Resolution establishing a policy to involve the Sunshine Task Force in the consideration and review of proposed amendments to the City’s Sunshine Ordinance. Sponsor Supervisor Ammiano. File 98-0530, Resolution No. 386-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Vernon, oppose Willie Brown; Cindy Romanofsky, eviction of disabled parents; Carmen Ramirez, Lake Merced; Robert Pender, oppose bond interest pass-through; Male Speaker, police harassment; Rose Melendez, "Tier II" police retirement; Jim Keener, oppose bond interest pass-through; Christian Lightner, Bike to Work Day. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. AppointmentofPresidentProTempore At the request of the President, Supervisor Teng assumed the Chair. ConferencewithCityAttorney-Litigation FromthePresident Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney regarding pending litigation in the case of O’Hara v. City and County of San Francisco, California Court of Appeals No. A082474; S.F. Superior Court No. 992-704 (Owner-Move-In Litigation). The closed session will be held pursuant to Government Code Section 54956.9(a) and Administrative Code Section 67.11(b). SupervisorsKaufman,Newsom,YeeExcusedfromVoting Supervisors Kaufman, Newsom, Yee were previously excused from voting because of a possible conflict of interest. See Journal of Proceedings of April 13, 1998. The roll was then called on the main motion and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Excused: Supervisors Kaufman, Newsom, Yee-3. Recess The Board recessed at the hour of 4:11 p.m. to convene in closed session. ReconveningtheBoard The Board, at the hour of 4:33 reconvened. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Ayes: Supervisors Ammiano, Bierman, Brown, Leno, Medina, Teng, Yaki-7. Noted absent: Supervisors Katz, Kaufman, Newsom, Yee-4. Quorum present. Supervisor Katz was noted present at 4:34 p.m. ReportonClosedSession Deputy City Attorney Tom Owen reported that the Board had met in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney regarding pending litigation in the case of O’Hara v. City and County of San Francisco, California Court of Appeals No. A082474; S.F. Superior Court No. 992-704 (Owner-Move-In Litigation) pursuant to Government Code Section 54956.9(a). The meeting was informational only and no action was taken. Adopted Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the possible litigation. Supervisor Brown, seconded by Supervisor Leno, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Absent: Supervisors Kaufman, Newsom, Yee-3. 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 Bierman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Consideration Continued [State Legislation, AB 2260] Resolution supporting AB 2260 which would require the State Department of Health Services, through the childhood lead poisoning prevention program, to establish fifteen pilot projects to perform outreach and treatment for childhood lead poisoning in counties throughout the State identified as having the highest risk of lead poisoning. Sponsors Supervisors Bierman, Teng, Brown, Katz, Medina. File 98-0713, Resolution No. (May 11, 1998 - Consideration continued to May 18, 1998.) Supervisor Bierman, seconded by Supervisor Teng, moved to continue consideration to May 26, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commendation] Resolution recognizing and commending Philip Choy, Alexander Weiss and the Angel Island Immigration Station Foundation for their roles in preserving the rich history or Angel Island Immigration Station for generations to come. Sponsors Supervisors Teng, Ammiano, Bierman, Brown, Katz, Medina, Newsom, Leno. File 98-0768, Resolution No. 395-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Leno requested to be added as co-sponsors. [Angel Island, National Historic Landmark] Resolution remembering Angel Island’s historic role in the anti-immigrant movement and taking great pride in recognizing the momentous designation of Angel Island Immigration Station as a National Historic Landmark. Sponsors Supervisors Teng, Ammiano, Bierman, Brown, Katz, Medina, Newsom, Leno. File 98-0769, Resolution No. 396-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Leno requested to be added as co-sponsors. [Commend Lejon Loggins] Resolution commending Lejon Loggins for his courage and bravery in saving the lives of members of the Singleton family. Sponsors Supervisors Brown, Bierman, Teng, Newsom, Katz, Medina. File 98-0770, Resolution No. 397-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Teng, Newsom, Katz, Medina requested to be added as co-sponsors. [Older Americans Month] Resolution recognizing the seniors in our City and declaring May 1998 as Older Americans Month. Sponsors Supervisors Kaufman, Bierman, Teng, Newsom, Brown, Katz, Leno, Medina. File 98-0771, Resolution No. 398-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Teng, Newsom, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [Emergency Medical Services Week] Resolution declaring the week of May 17-23, 1998 as Emergency Medical Services Week. Sponsors Supervisors Kaufman, Bierman, Newsom, Katz, Medina, Brown. File 98-0772, Resolution No. 399-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Katz, Medina, Brown requested to be added as co-sponsors. [Drug Court Week] Resolution declaring the week of June 1-7, 1998 as Drug Court Week. Sponsors Supervisors Kaufman, Teng, Newsom, Brown, Katz, Medina. File 98-0773, Resolution No. 400-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Teng, Newsom, Brown, Katz, Medina requested to be added as co-sponsors. [Commend Agnes Albert] Resolution commending Ms. Agnes Albert for her contributions to the San Francisco Symphony and celebrating her 90th birthday. Sponsors Supervisors Leno, Teng, Newsom, Katz, Medina. File 98-0774, Resolution No. 401-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Teng, Newsom, Katz, Medina requested to be added as co-sponsors. [Commendation] Resolution commending the San Francisco Museum of Modern Art for its Keith Haring Exhibit and celebrating the art and memory of Keith Haring. Sponsors Supervisors Leno, Teng, Newsom, Bierman, Katz, Medina. File 98-0775, Resolution No. 402-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Teng, Newsom, Bierman, Katz, Medina requested to be added as co-sponsors. [State Legislation, SB 1968] Resolution urging the California State Legislature to enact into law SB 1968 which prohibits employers with more than 20 employees from discriminating in payment of wages between full-time and part-time employees, except with respect to seniority. Sponsors Supervisors Medina, Bierman, Newsom, Katz, Medina. File 98-0776, Resolution No. 403-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Katz, Medina requested to be added as co-sponsors. [State Legislation, SB 1686] Resolution urging the California State Legislature to support SB 1686, a bill changing the California State Education Code to comply with the Federal Individuals with Disabilities Education Act, in order that the State may qualify for Federal funds available for the education of individuals with exceptional needs. Sponsors Supervisors Yaki, Bierman, Newsom, Brown, Katz, Leno, Medina. File 98-0777, Resolution No. 404-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, AB 2188] Resolution urging the California State Legislature to support AB 2188, a bill that would establish a certification process for firearms manufacturers and mandate reporting requirements for all lost or stolen firearms. Sponsors Supervisors Yaki, Bierman, Newsom, Brown, Katz, Leno, Medina. File 98-0778, Resolution No. 405-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, SB 1901] Resolution endorsing SB 1901 which would benefit grandparents and other relative child care providers. Sponsors Supervisors Bierman, Brown, Katz, Leno, Medina. File 98-0780, Resolution No. 406-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Brown, Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, SCA 30] Resolution supporting Senate Constitution Amendment 30 which would amend the California Constitution to prohibit the State or a local government from entering into any contract, franchise agreement or other arrangement in which all or any portion of a public safety service, including fire, police, sheriff, probation or other peace office services, would be provided by private means. Sponsors Supervisors Bierman, Medina. File 98-0781, Resolution No. 407-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [State Legislation, SB 1809] Resolution supporting SB 1809 relating to elderly abuse reform efforts. Sponsors Supervisors Brown, Bierman, Katz, Leno, Medina. File 98-0782, Resolution No. 408-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, AB 2389] Resolution opposing AB 2389 which would limit a woman’s right to choose an abortion in the State of California. Sponsors Supervisors Kaufman, Bierman, Katz, Leno, Medina. File 98-0783, Resolution No. 409-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, SB 1735] Resolution urging the California State Legislature and Governor Pete Wilson to approve SB 1735, relating to civil rights. Sponsors Supervisors Leno, Medina, Bierman, Brown, Katz. File 98-0784, Resolution No. 410-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Brown, Katz requested to be added as co-sponsors. [Keith Haring Artwork] Resolution urging the Art Commission to consider the viability of purchasing a Keith Haring sculpture for the San Francisco Art Collection. Sponsors Supervisors Ammiano, Bierman, Leno, Katz. File 98-0786, Resolution No. 411-98 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Katz requested to be added as co-sponsor. [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, Leno, Newsom, Brown. File 98-0779, Motion No. M98-65 (May 11, 1998 - Introduced in Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisor Brown requested to be added as co-sponsors. [Grant-Private] Resolution authorizing the Department of Public Health, Public Health Division, Community Health Services, to accept retroactively and expend grant funds of $15,000 from the Public Health Institute to provide health promotion and education services to youth at Balboa High School; and to enter into an agreement which does not include patent infringement indemnification and false claim clauses. Sponsors Supervisors Bierman, Brown, Medina. File 98-0793, Resolution No. 382-98 (May 12, 1998 - Referred to Board for consideration on May 18, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina requested to be added as co-sponsors. 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, Teng, Yaki, Yee-11. 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 Brown, seconded by Supervisor Leno, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Absent: Supervisors Kaufman, Newsom, Yee - 3. [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 Brown, seconded by Supervisor Leno, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Absent: Supervisors Kaufman, Newsom, Yee - 3. [Imperative Resolution] Adopted [Proclaim William Alexander Leidesdorff Day] Resolution declaring May 18, 1998 as William Alexander Leidesdorff Day. File 98-0807, Resolution No. 412-98 Supervisors Kaufman, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng, Yaki-8. Absent: Supervisors Kaufman, Newsom, Yee - 3. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Non-Profit Organizations, Public Access] Substitute 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. [Skate Transit Pilot Program] Ordinance amending Traffic Code Section 100 to revise provisions regulating the use of roller skates and by adding Sections 100.1 to 100.6, inclusive, to regulate the use of roller skates and in-line skates on certain roadways and sidewalks; providing for sunset provision (expires December 31, 1999). Supervisors Ammiano, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0804. [Moratorium, Owner Move In] Ordinance amending Administrative Code Section 39.7(g) to provide procedures to qualify senior, disabled and catastrophically ill tenants for protection from eviction during the temporary moratorium on evictions for owner/relative move-ins; and making clarifying and technical changes. Supervisors Ammiano, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 98-0805. [Sunshine Ordinance Task Force Membership] Ordinance amending Administrative Code Section 67.30 to delete the requirement for the selection of two members of the Sunshine Ordinance Task Force from names submitted by the local chapter of the Society of Professional Journalists. Supervisor Brown presented. Referred to Rules Committee. File 98-0806. [Mental Health Division Trust Fund] Substitute resolution urging the City and the Department of Public Health, Department of Human Services, Juvenile Probation Department, San Francisco Unified School District, Mayor’s office of Children, Youth and Families, and the Mayor’s Office of Criminal Justice to create a Children, Youth and Family Reinvestment Project Fund which allows a portion of demonstrated savings from lower utilization of high-end services and any new revenues generated by blended funding strategies adopted through interagency collaboration to be reinvested into prevention and early intervention programs. Supervisor Yee presented. Referred to Finance Committee. File 98-0536. Referred to Board [Commend Community Parks Task Force] Resolution commending the Co-Chairs to the Community Parks Task Force for their work in preparing the Parks Plan (Anne Halsted, Isabel Wade, Roberta Achtenberg, Jim Lazarus, Roslyn Payne). Supervisors Newsom, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0808. [Commend Joel Robinson] Resolution supporting and congratulating Joel Robinson for the implementation of Phase One in the wholesale restructuring of the Recreation and Park Department. Supervisors Newsom, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0809. [Medical Marijuana Distribution Summit] Resolution commending State Senator John Vasconcellos and District Attorney Terence Hallinan for sponsoring a "Medical Marijuana Distribution Summit" to be held May 26, 1998 at the State Capitol. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0810. [Nuclear Weapons] Resolution commending President Clinton and President Yeltsin on their efforts to advance treaties intended to prevent proliferation, to ban test explosions and to control, limit and reduce nuclear weapons and urge all presidents, prime ministers, generals, admirals and others to immediately abolish nuclear weapons from the face of the earth. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0811. [Commend John Burton] Resolution honoring State Senator John Burton for being named San Francisco State University’s 1998 Alumnus of the Year. Supervisors Katz, Newsom, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0812. [Proclaim Eric Livingston Day] Resolution recognizing Eric Livingston on the occasion of his 100th Birthday and declaring May 31, 1998 as Eric Livingston Day. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0813. [State Legislation, SB 1950] Resolution supporting Senate Bill 1950, Emergency Housing Assistance Program. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0814. Referred to Committee [International Tobacco Control] Resolution urging the United States Congress to include the International Tobacco Control Legislative Package in any national tobacco legislation, including the "Bipartisan No Tobacco For Kids Act of 1998". Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 98-0815. [Community Parks Task Force Plan] Resolution adopting the Community Parks Task Force Plan as policy for the City and County and recognizing a need for continued cooperation and discussion with Recreation and Park Department and neighborhood groups to refine and apply the Parks Plan recommendations. Supervisors Newsom, Brown, Leno, Kaufman presented. Referred to Parks and Recreation Committee. File 98-0816. Referred to Board [Senior Protection Fund] Resolution urging the Mayor’s Office of Housing to create a Senior Protection Fund and urging the Rent Board in conjunction with the Owner Move In Task Force to compile data and report back to the Board of Supervisors within 30 days on suggesting criteria for a Senior Protection Fund for relocation costs for seniors over 60 years old who have lived in their apartment for over 10 years. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0817. Referred to Committee [Bonds, California Academy of Sciences] Resolution determining and declaring that the public interest and necessity demand the acquisition, rehabilitation, renovation, improvement, construction or reconstruction by the City and County of the following municipal improvement to wit: rehabilitation, renovation, improvement, construction and/or reconstruction of the California Academy of Sciences and all other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $79,880,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53. Supervisors Yaki, Kaufman presented. Referred to Finance Committee. File 98-0818. Referred to Board [Community Policing Program] Resolution urging the Police Department to expand its community policing program within the Police Department. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0819. [School Traffic Safety Measures] Resolution urging the Department of Parking and Traffic to work with the San Francisco Parent Teacher Association (PTA), safety organizations and other applicable City departments to implement school traffic safety measures. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0820. Referred to Committee [Competitive Bidding Exemption] Ordinance waiving competitive bid requirements for the San Francisco Port Commission’s award of public works contracts to the California Conservation Corps, the San Francisco Conservation Corps and the San Francisco League of Urban Gardeners for performance of wetlands enhancement and public access activities at Pier 98. Supervisors Katz, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0821. [Grant,State Funds] Resolution authorizing the Executive Director, Port of San Francisco, to accept and expend $500,000 in State Coastal Conservancy for the Pier 98 wetlands and public access enhancement and foregoing reimbursement of indirect costs; and authorizing the Port to hold the State of California harmless as required in the grant agreement. Supervisors Katz, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0822. [Grant, State Funds] Resolution authorizing the Executive Director, Port of San Francisco, to accept and expend $92,000 in State funds from the Association of Bay Area Governments (ABAG) for construction of the San Francisco Bay Trail at Pier 98 and designation of a bike route on Cargo Way and foregoing reimbursement of indirect costs; and authorizing the Port to hold ABAG harmless as required in the cooperative funding agreement. Supervisors Katz, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0823. Referred to Board [Muwekma Ohlone Tribe/Presidio] Resolution urging the Presidio Trust and the National Park Service to accommodate the requests of the Muwekma Ohlone Tribe. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0824. [Commend Walt Whitman Community School] Resolution commending the Walt Whitman Community School for its support of gay, lesbian, bi-sexual and transgender youth. Supervisor Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0835. CharterAmendments: Referred to Committee [Charter Amendment, Customer Service Plan] Charter amendment (First Draft) adding Section 16.120 to require each department of the City and County to adopt a Customer Service Plan. Supervisor Newsom presented. Referred to Rules Committee. File 98-0825. [Charter Amendment, Taxi Commission] Charter amendment (First Draft) adding Section 4.133 creating a Taxi Commission to succeed to the powers and responsibilities relating to motor vehicles for hire now vested in the Police Commission and Police Department. Supervisor Newsom presented. Referred to Rules Committee. File 98-0826. [Charter Amendment, Police Officer Retirement] Charter amendment (First Draft) amending Appendix A8.559 and A8.586 relating to retirement benefits for police officers (to upgrade the tier II retirement benefits for police officers and to cap the amount of post pay that can be included in pension calculations). Supervisors Kaufman, Newsom, Teng presented. Referred to Rules Committee. File 98-0827. [Charter Amendment, Firefighter Retirement] Charter amendment (First Draft) amending Appendix A8.588 relating to retirement benefits for firefighters who were previously paramedics. Supervisor Medina presented. Referred to Rules Committee. File 98-0828. [Charter Amendment, Health Care Purchasing Authority.] Charter amendment (First Draft) adding Sections 12.204 through 12.212 to create a Health Care Purchasing Authority to procure health care benefits for (1) certain active, retired and former employees and officers of the City and County, San Francisco Unified School District, San Francisco Community College District and the dependents of such individuals, (2) employees of private employers, self employed residents and the dependents of such individuals and (3) certain government-sponsored individuals. Supervisor Katz presented. Referred to Rules Committee. File 98-0829. RequestsforHearings: [Explosion, 1450 19th Avenue] Hearing to consider the cause of the explosion at 1450 19th Avenue. Supervisors Yee, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 98-0830. [Lake Merced] Hearing to examine the environmental concerns surrounding Lake Merced and the Public Utilities Commission’s ability to implement past Board of Supervisors and Commission resolutions. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 98-0831. Motions: Referred to Board [Zoo Audit Priority] Motion requesting that the Zoo management component of the Joint Recreation and Park and Zoo Management audit be conducted at the conclusion of the San Francisco Police Department audit. Supervisors Ammiano Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0832. [Suspend 30 Day Rule] Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to allow the Board of Supervisors to consider, without waiting 30 days after its introduction, an ordinance prohibiting City departments from opening bank accounts for city money without written permission of the Treasurer. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0833. [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, Leno presented. Referred to Board for Adoption Without Committee Reference Calendar May 26, 1998. File 98-0834. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0311. [Regulation of Lobbyists] Substitute ordinance amending Article X11A of the San Francisco Administrative Code by amending Sections 16.520 through 16.534 to: add Legislative findings; clarify definitions and add new definitions; consolidate the definition of "Lobbyist" with the thresholds for qualifying as a lobbyist and the exemptions; increase the qualification threshold for contract lobbyists from $1,000 per month to $4,200 per quarter; increase the qualification threshold for expenditure lobbyists from $1,000 per quarter to $4,200 per quarter; clarify and add new exemptions; clarify that once a person qualifies as a "Lobbyist" the person is subject to the requirements and prohibitions of this Article until the person ceases all lobbyist activity and files a statement of termination; require that lobbyist report contacts with and payments that benefit certain designated employees as well as City officers; clarify the disclosure requirements applicable at the time of registration and at the time of filing quarterly activity reports; provide that all lobbyists re-register on January 15 of each year; require lobbyists to disclose payments received from City officers in exchange for campaign consulting services; limit the aggregate value of gifts from lobbyists to each City officer and to certain designated employees, within three months of a lobbyist contact, to $50; prohibit lobbying on a contingency fee basis; require lobbyists to notify City officers and designated employees of the value of gifts conferred; limit political contributions by lobbyists; and add transition provisions for implementation of these amendments. (Ethics Commission) Referred to Rules Committee. File 98-0738. [PUC Short-Term Indebtedness] Substitute ordinance amending Administrative Code by adding Chapter 84 to provide a procedure for the issuance by the Public Utilities Commission of the City and County of San Francisco of commercial paper and other short-term indebtedness in anticipation of the issuance of revenue bonds. (City Attorney) Referred to Finance Committee. File 98-0795. [Permit Regulations, Horse-Drawn Vehicle Companies] Ordinance amending Police Code by adding Article 7.1 providing regulations for the operation of horse-drawn vehicle companies and horse-drawn vehicle drivers. (Police Commission) Referred to Housing and Neighborhood Services Committee. File 98-0801. [Zoya Dayter, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Zoya Dayter against the City and County of San Francisco by payment of $42,500. (Superior Court No. 983-167). (City Attorney) Referred to Rules Committee. Resolutions Referred to Committee File 98-0791. [Hold Harmless Agreement] Resolution authorizing the Chief of Police to execute a hold harmless agreement with the Santa Clara County Department of Corrections and TFP Inc. concerning participation of the San Francisco Police Department in the Western-DIN network for enhanced access and sharing of digital mugshot images. (Police Commission) Referred to Housing and Neighborhood Svcs Committee. File 98-0792. [Prop J Contract, Shuttle Bus Services] Resolution approving the Controller’s certification that shuttle bus services for San Francisco International Airport can practically be performed by private contractor at a lower cost for the first half of the fiscal year commencing July 1, 1998 than if work were performed by City and County employees. (Airport) Referred to Finance Committee. File 98-0796. [Emergency Repair, Pier 24 and 24-1/2] Resolution approving a declaration of emergency for construction work to repair a collapsed pier at Pier 24 and 24-1/2, Port of San Francisco - $248,386.00. (Port) Referred to Finance Committee. File 98-0797. [Prop J Contract, Jail Food Services] Resolution approving the Controller’s certification that County Jail food service management operations for the City and County of San Francisco can practically be performed by private contractor at a lower cost for the year commencing July 1, 1998, than if work were performed by City and County employees. (Sheriff) Referred to Finance Committee. File 98-0798. [Prop J Contract, Own Recognizance Project] Resolution approving the Controller’s certification that the San Francisco "O.R." Project for the City and County of San Francisco can practically be performed by private contractor at a lower cost for the year commencing July 1, 1998, than if work were performed by City and County employees. (Sheriff) Referred to Finance Committee. File 98-0799. [Prop J Contract, Pre-Trial Diversion Program] Resolution approving the Controller’s certification that the Pretrial Diversion Program for the City and County of San Francisco can practically be performed by private contractor at a lower cost for the year commencing July 1, 1998, than if work were performed by City and County employees. (Sheriff) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Newsom, that letter of inquiry be sent to General Manager, Municipal Railway, requesting quarterly reports on the Ambassador/Friends of MUNI Program, the CD ROM driver training tool and the free ride card program for the next twelve months. By Supervisors Teng, Bierman, that letters be sent to Chief, Fire Department and Chief, Police Department, requesting comprehensive report into the investigation of the explosion and fire that took place on May 17, 1998 at 1450 19th Avenue within 14 days. File 98-0830. By Supervisor Ammiano, that letter be sent to Chief of Police supporting the prompt investigation of the recent police shooting of 17 year old Sheila Detoy and requesting a report to the Board about the results of the investigation and his review of Police Department policy regarding the use of firearms. By Supervisor Kaufman, that City Attorney draft ordinance to amend Municipal Code, Part III, Article 15 concerning business improvement district procedures to bring this section into conformance with State law. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Joe Jung (By the entire Board) Frank Sinatra (By the entire Board) Brian Sullivan Sponsor Supervisor Bierman. Charles Gulbengay Sponsor Supervisor Bierman. Arthur Struble Sponsor Supervisor Katz. Dennis Carey Sponsors Supervisors Yee, Bierman. Sheila Detoy Sponsor Supervisor Yee. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:40 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