Board of Supervisors Minutes: June 1, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, June 1, 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 2:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-10. Noted absent at first roll call: Supervisor Katz - 1. Quorum present. Supervisor Katz was noted present at 2:08 p.m. SPECIALORDER2:00P.M. Budget Presented [Budget, 1998-1999] Presentation by the Mayor on the 1998-1999 Budget. (Mayor Willie L. Brown, Jr.) Mayor Willie L. Brown, Jr. appeared and spoke briefly on the proposed 1998-1999 Budget indicating that it contains no layoffs, no new taxes, no program cancellations. The $100 million surplus from the current year will be placed on reserve or invested in facility improvements, upgrades for antiquated computer systems and replacement of the aging equipment used to maintain parks and to pave streets. The Mayor submitted the following five items to the Board: Referred to Committee [Annual Budget, 1998-1999] Hearing to consider Annual Budget for the City and County of San Francisco for fiscal year 1998-1999. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0849 [Annual Appropriation Ordinance, 1998-1999] Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 1999; companion measure to Files 98-0849 and 98-0851. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0850. [Annual Salary Ordinance, 1998-1999] Annual Salary Ordinance enumerating positions in the Annual Budget and Annual Appropriation Ordinance for the fiscal year ending June 30, 1999, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor; companion measure to Files 98-0849 and 98-0850. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0851. [Interim Annual Appropriation Ordinance, 1998-1999] Interim Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 1999; companion measure to File 98-0853. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0852. [Interim Annual Salary Ordinance, 1998-1999] Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the fiscal year ending June 30, 1999, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor; companion measure to File 98-0852. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0853. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Department of Transportation - MUNI] Ordinance appropriating $34,862, Department of Transportation, Municipal Railway, of General Reserve Fund for salaries and fringe benefits and the creation of eight positions to extend the hours of operations of the Telephone Information Center and the Passenger Service Units for fiscal year 1997-98; companion measure to File 98-0739. (Controller) File 98-0733, Ordinance No. 194-98 Finally passed. [Salary Ordinance Amendment, Department of Transportation - MUNI] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Department of Transportation - Municipal Railway, reflecting the creation of eight positions, (8 Class 9122 Transit Information Clerks); companion measure to File 98-0733. (Department of Human Resources) File 98-0739, Ordinance No. 196-98 Finally passed. [Membership List, Retirement System] Ordinance amending Administrative Code, to add certain organizations to the membership list of the Employees Retirement System. Sponsor Supervisor Yaki. File 98-0422, Ordinance No. 189-98 (Amends Section 16.6-29.) Finally passed. Adopted [Declaration of Emergency, Port] Resolution approving a declaration of emergency for construction work to repair a collapsed pier at Piers 24 and 24 1/2, Port of San Francisco - $248,386. (Port Commission) File 98-0796, Resolution No. 450-98 Adopted. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Finally Passed [Taxicab Fare Rate Increase] Ordinance amending Police Code to increase the rates of fare for taxicabs and to modify the procedure for setting rates of fare; and establishing an effective date. Sponsor Supervisor Newsom. File 98-0334, Ordinance No. 188-98 (Amends Sections 1135 and 1137.) Finally passed. [Taximeter Reinspection Waiver] Ordinance amending Administrative Code, to waive the fee charged for any retesting, reinspection or recertification of taximeters occasioned by a taxicab rate change adopted by the Board of Supervisors during 1998, subject to conditions. Sponsor Supervisor Newsom. File 98-0517, Ordinance No. 192-98 (Adds Section 1.15.2.) Finally passed. [MBE/WBE/LBE Utilization Ordinance III] Ordinance amending Administrative Code, to set forth findings supporting a two-month extension of the MBE/WBE/LBE Ordinance - III and providing for the two-month extension. Sponsors Supervisors Brown, Bierman, Teng. File 98-0701, Ordinance No. 186-98 (Adds Section 12D.2-5; Amends Sections 12D.9(A), 12D.10(A), 12D.11(A), 12D.11(A)-(1) and 12D.15(G).) Finally passed. RecommendationofParksandRecreationCommittee Finally Passed [Harding Park Golf Course Fee Reduction] Ordinance imposing a 25 percent fee reduction for members of Harding Park Men’s Club and Harding Park Women’s Club at Lincoln Park Golf Course or Sharp Park Golf Course during selected tee times. Sponsors Supervisors Newsom, Brown. File 98-0594, Ordinance No. 193-98 Finally passed. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Agreement, Sheriff - Mr. Ben Dorcy] Resolution authorizing the Sheriff’s Department to enter into agreement with Mr. Ben Dorcy for mandatory certified CPR and First Aid Training, which agreement provides for mutual indemnification from claims or other damages which arise as a result of performance under said agreement. (Sheriff) File 98-0746, Resolution No. 445-98 Adopted. [Agreement, Sheriff - Dr. George Bach-Y-Rita] Resolution authorizing the Sheriff’s Department to enter into a professional services agreement with George Bach-Y-Rita, M.D., which provides for indemnification of Dr. Bach-Y-Rita from compensatory damages for negligent formation of his professional opinion as to psychological suitability of applicants for employment as Deputy Sheriffs in San Francisco County. (Sheriff) File 98-0747, Resolution No. 446-98 Adopted. RecommendationsofRulesCommittee Passed on First Reading [CCSF v. Bank of America NT & SA] Ordinance authorizing settlement of litigation of City and County, entitled "City and County of San Francisco v. Bank of America NT & SA" for $38,000. (City Attorney) File 98-0728, Ordinance No. (Superior Court No. 988-950.) Passed on first reading. [Cazahous v. CCSF, et al.] Ordinance authorizing settlement of litigation of Cazahous v. City and County, et al., by payment of $30,000. (City Attorney) File 98-0740, Ordinance No. (Superior Court No. 985-824.) Passed on first reading. [Zoya Dayter, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Zoya Dayter against the City and County by payment of $42,500. (City Attorney) File 98-0801, Ordinance No. (Superior Court No. 983-167.) Passed on first reading. Adopted [Appointments] Resolution appointing members to the Animal Control and Welfare Commission, terms expired, for new two year terms ending April 30, 2000. (Rules Committee) File 98-0586, Resolution No. 440-98 (Sheila Martin, succeeding herself, Seat No. 20707, must be licensed veterinarian; June Wilson, succeeding herself, Seat No. 20702, must be public at large; Catherine Tchen-Kenna, Seat No. 20701, must be public at large.) 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 RecommendationofFinanceCommittee Finally Passed [Appropriation, DTIS/Administration Services] Ordinance appropriating $1,000,000, Department of TeleCOMMUNICATION and Information Services and the Administrative Services Department, from the General Fund Reserve-Network to finance the initial implementation of the Fiber Optic Network and the development of an Internet Processing Plan for fiscal year 1997-98; placing $1,000,000 on reserve. (Controller) File 98-0734, Ordinance No. 195-98 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Newsracks] Ordinance amending Public Works Code, regulating the placement and maintenance of newsracks on public streets, sidewalks and rights-of-way to prohibit free-standing newsracks in specified areas of the City, authorizing the creation of fixed-pedestal zones in specified areas of the City and authorizing the Director of Public Works to select and enter into agreements with vendors to provide and maintain fixed-pedestal newsracks. Sponsors Supervisors Kaufman, Teng. File 98-0515, Ordinance No. 190-98 (Adds Section 184.12.) Finally passed by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman, Medina-3. [Newsrack Appeal] Ordinance amending Municipal Code Part III, to provide for appeals to the Board of Appeals from decisions of the Director of Public Works concerning permits for fixed pedestal newsracks; companion measure to File 98-0515. Sponsors Supervisors Kaufman, Teng. File 98-0516, Ordinance No. 191-98 (Amends Section 8.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Littering and Dumping Fines-Increase] Ordinance amending Police Code, Health Code, and Public Works Code, to increase fines for violations of provisions relating to littering, dumping and environmental control. Sponsor Supervisor Brown. File 121-97-11, Ordinance No. (Amends Police Code Section 37; Health Code Sections 95.5, 283.1, 287; and Public Works Code Sections 170 and 173 thereof.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Non-Profit Organizations] 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. Sponsor Supervisor Ammiano. File 98-0665, Resolution No. 442-98 AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair to allow the President to speak to the issue. MotiontoContinueRefusedAdoption Supervisor Teng, seconded by Supervisor Brown, moved to continue the item one week to allow the Board to sit as a Committee of the Whole to accept additional testimony. Motion to continue failed by the following vote: Ayes: Supervisors Brown, Katz, Medina, Teng, Yaki - 5. Noes: Supervisors Ammiano, Bierman, Kaufman, Leno, Newsom, Yee - 6. The roll was called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee-10. Noes: Supervisor Medina-1. The President resumed the Chair. Passed on First Reading [Non-Profit Organizations, Public Access] Ordinance amending Administrative Code, to create requirements in contracts between the City and certain non-profit organizations that ensure public access to records and meetings of the Board of Directors of the non-profit organization, and by adding subsection 67.30(D) to specify the powers possessed by the Sunshine Ordinance Task Force; companion measure to File 98-0665. Sponsor Supervisor Ammiano. File 98-0666, Ordinance No. (Adds Sections 12L.1 through 12L.10; Adds Subsection 67.30(D).) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee-10. Noes: Supervisor Medina-1. [Bank Accounts] Ordinance amending Administrative Code, to prohibit City Departments from opening bank accounts for City money without written permission of the Treasurer. Sponsors Supervisors Kaufman, Teng. File 98-0732, Ordinance No. (Amends Section 10.81-1.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Passed for First Reading as Amended [PUC Short-Term Indebtedness] Ordinance amending Administrative Code, to provide a procedure for the issuance by the Public Utilities Commission of commercial paper and other short-term indebtedness in anticipation of the issuance of revenue bonds. (Public Utilities Commission) File 98-0738, Ordinance No. (Adds Chapter 84, Sections 84.1 thru 84.6.) Supervisor Teng, seconded by Supervisor Medina, moved an amendment of the whole, bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-10. Noes: Supervisor Yee-1. Passed on first reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-10. Noes: Supervisor Yee-1. Adopted [Waive Fees, Summer of Love Celebration] Resolution waiving administrative fees of $6,666 associated with the Thirtieth Anniversary of the Summer of Love celebration; The Summer of Love still being obligated to pay $29,497 for City cost reimbursement. Sponsor Supervisor Ammiano. File 98-0031, Resolution No. 437-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Uniforms Made in San Francisco] Resolution urging City Departments to work with the City’s Purchaser to have local manufacturing companies be seriously considered in the awarding and renewal of contracts for production of uniforms. Sponsors Supervisors Teng, Kaufman. File 98-0386, Resolution No. 438-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Lease of Property, 25 Van Ness Avenue] Resolution authorizing the renewal of an existing lease of real property at 25 Van Ness Avenue with the New Conservatory Theatre Center; retroactive to May 15, 1998. (Real Estate Department) File 98-0582, Resolution No. 439-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Quitclaim Deed] Resolution authorizing and directing execution of quitclaim deed from the City and County to the San Francisco Unified School District, a political subdivision of the State of California, for Assessor’s Block 6221, Lot 2 (500 Raymond Avenue), and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 98-0685, Resolution No. 443-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Agreement, Sheriff - Interactive Systems] Resolution authorizing the Sheriff’s Department to enter into an agreement with Interactive Systems, LLC for VINE, an automated victim notification service, which agreement provides for mutual indemnification from claims or other damages which arises as a result of performance under said agreement. Sponsors Supervisors Kaufman, Teng, Newsom. File 98-0748, Resolution No. 447-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [State Grant - Project Read] Resolution retroactively authorizing the City Librarian to accept and expend funds of $61,417 for Literacy Coordination and Outreach that include indirect costs of five percent from the California State Library. Sponsor Supervisor Teng. File 98-0688, Resolution No. 444-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Liquor Licenses Transfer, 2136 Palou Avenue] Resolution determining that the transfer of five alcoholic beverage control licenses, Type 9, beer and wine importer; Type 12, distilled spirits importer; Type 17, beer and wine wholesaler; Type 18, distilled spirits wholesaler; Type 20, off-sale beer and wine from 645 Mariposa Street to 2136 Palou Avenue to Jack P. Chambers for "Chambers and Chambers Wine Merchants", 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 98-0587, Resolution No. 441-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Liquor License Modification, 4099 Judah Street] Resolution denying the request of removing or modifying the conditions imposed on the Conditional Alcoholic Beverage License for Mohamed Kraye, dba Western Sunset Market, located at 4099 Judah Street, in accordance with Section 23803 of the Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0751, Resolution No. 448-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Liquor License Modification, 1230 Polk Street] Resolution denying the request of removing or modifying the conditions imposed on the Conditional Alcoholic Beverage License for Frederick L. Charron, Jr., and Wayne R. Newman dba QUETZAL located at 1230 Polk Street, in accordance with Section 23803 of the Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0752, Resolution No. 449-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofRulesCommittee Passed on First Reading [Conflict of Interest Code, Redevelopment Agency] Ordinance amending Administrative Code, to incorporate changes in the designated positions and disclosure categories for the Redevelopment Agency’s Conflict of Interest Code and to add a definition of consultant. (City Attorney) File 98-0735, Ordinance No. (Amends Section 58.350.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Conflict of Interest Code, Department of Public Health] Ordinance amending Administrative Code, to delete a designated position (Institutional Police Officer), in the Public Health Department’s Conflict of Interest Code. (City Attorney) File 98-0736, Ordinance No. (Amends Section 58.310.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. SPECIALORDER-3:00P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to decision of Planning Commission by its Motion No. 14608, dated April 2, 1998, disapproving Conditional Use Application No. 97.887C, for conditional use authorization under Planning Code Section 209.1 to legalize a fifth dwelling unit in an existing three-story, four-family dwelling in an RH-3 (Residential, House, Three-Family) District and 40-X Height and Bulk District on property located at 117 Bartlett Street, east side between 22nd and 23rd Streets; Lot 45, in Assessor’s Block 3636. File 98-0693 (Categorically exempt from the environmental review process pursuant to Title 14 of the California Administrative Code.) (Appeal filed May 1, 1998.) (Pursuant to Government Code Section 65009, the following notice is hereby given: If you challenge the above matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.) The following persons were sworn in and granted privilege of the floor: Appellant: John Vassey; Nick Woolson in support of appeal Respondent: Gerald Green representing Planning Commission; The President then declared the hearing closed. Tabled (Only one of the following two motions should be Adopted. ) [Zoning Appeal, 117 Bartlett Street] Motion approving decision of Planning Commission by its Motion No. 14608, disapproving Conditional Use Application No. 97.887C, on property located at 117 Bartlett Street, east side between 22nd and 23rd Streets, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 98-0694, Motion No. Supervisor Yaki, seconded by Supervisor Katz, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Zoning Appeal, 117 Bartlett Street] Motion disapproving decision of Planning Commission by its Motion No. 14608, disapproving Conditional Use Application No. 97.887C, on property located at 117 Bartlett Street, east side between 22nd and 23rd Streets, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 98-0695, Motion No. M98-69 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 97.887C, on property located at 117 Bartlett Street, east side between 22nd and 23rd Streets, for action by the Board at its next meeting. (Clerk of the Board) File 98-0696, Motion No. M98-70 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: Bob Planthold, assistance for disabled victim of explosion and support of funding for disability study; Man, police abuse; Tortu ga Bi Liberty, support of Prop 215; Michael Belafonte, medicinal marijuana crisis; Gilbert Criswell, urging people to vote; Louie Vidal, creation of a taxi commission; Susan Kim, Director of Youth Commission, year-end report of commission activities; Meredith Osborn, Youth Commission Chairperson, reporting on past activities and future goals; John Jenkel, Carriage Charter and Port Commission Resolution 94-20; Jesus Gumban, civil service complaint; Pebbles Trippit, supporting medicinal marijuana. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to Committee. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Medina requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Bail Schedule Increase] Resolution urging members of the San Francisco Judiciary to review ((increase)) the rate of bail for narcotic offenses. Sponsors Supervisors Medina, Leno. File 98-0863, Resolution No. (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Supervisor Medina, seconded by Supervisor Teng, moved to amend title and line 13 to replace "increase" with "review". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. In connection with the above item, Supervisor Leno requested to be added as co-sponsor. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Yee requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Suspend Thirty 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, tenant qualification procedures for temporary moratorium on owner/relative move-in evictions of senior, disabled or catastrophically ill tenants. Sponsors Supervisors Ammiano, Bierman, Yaki, Leno, Medina. File 98-0872, Motion No. M98-71 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) SupervisorsKaufman,Newsom,YeeExcusedfromVoting Supervisors Kaufman, Newsom, and Yee requested to be excused from voting because of possible conflict of interest. Supervisor Ammiano, seconded By Supervisor Yaki, moved to excuse Supervisors Kaufman, Newsom and Yee from voting. Motion adopted 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. The roll was then called on the pending 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. In connection with the above item, Supervisors Leno, Medina requested to be added as co-sponsors. The President resumed the Chair. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commend United States Senate] Resolution commending the United States Senate upon confirmation of Fred Hochberg to the Small Business Administration. Sponsors Supervisors Leno, Katz, Ammiano, Bierman, Brown, Newsom, Medina. File 98-0854, Resolution No. 451-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Newsom, Medina requested to be added as co-sponsors. [Commendation] Resolution commending the organizers of the 100 Young Men’s Leadership Forum for working to reverse the high school dropout rate of African American males. Sponsors Supervisors Leno, Brown, Bierman, Katz, Newsom, Medina. File 98-0855, Resolution No. 452-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Newsom, Medina requested to be added as co-sponsors. [Commendation] Resolution commending the Community Parks Task Force point persons for assuming leadership roles in helping develop the Parks Plan. Sponsors Supervisors Newsom, Kaufman, Bierman, Brown, Katz, Leno, Medina. File 98-0856, Resolution No. 453-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [State Legislation, AB 2025] Resolution supporting Assembly Bill 2025, California CARES (Compensation and Retention Encourage Stability) which is comprised of the Child Development CORPS and Resources for Retention Programs. Sponsors Supervisors Yee, Bierman, Brown, Leno, Medina. File 98-0857, Resolution No. 459-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Leno, Medina requested to be added as co-sponsors. [Senior Central Funding] Resolution urging the Mayor’s Office of Community Development to fund additional Senior Centrals, including Bayview Hunters Point, Visitacion Valley and other parts of the City. Sponsors Supervisors Teng, Bierman, Brown, Katz, Leno, Medina. File 98-0858, Resolution No. 460-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [Asian Pacific Multi-Activities Center] Resolution supporting the creation of the Asian Pacific Multi-Activities Center which would promote the collaboration between racial and ethnic groups and benefit the Mission District’s diverse population as a whole. Sponsors Supervisors Teng, Bierman, Brown, Katz, Leno, Newsom, Medina. File 98-0859, Resolution No. 454-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Katz, Leno, Newsom, Medina requested to be added as co-sponsors. [Medical Marijuana Emergency Distribution Program] Resolution requesting pertinent City agencies to implement an emergency distribution program of medicinal marijuana to ensure a continuum of access to medicinal marijuana as provided by the passage of Proposition 215. Sponsors Supervisors Ammiano, Bierman, Katz, Leno, Newsom, Medina. File 98-0860, Resolution No. 455-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Newsom, Medina requested to be added as co-sponsors. [Bank of America/NationsBank Intermerger] Resolution urging the Federal Reserve Bank to hold public hearings in the San Francisco bay area to consider the impact of the proposed Bank of America/NationsBank merger and to require Bank of America and NationsBank to include specific community reinvestment commitments to the bay area in their intermerger application. Sponsors Supervisors Leno, Bierman, Brown, Katz, Medina. File 98-0862, Resolution No. 456-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Brown, Katz, Medina requested to be added as co-sponsors. [Fay Park Implementation Plan] Resolution urging the Recreation and Park Department to develop an implementation plan for Fay Park. Sponsors Supervisors Newsom, Bierman, Brown, Katz, Leno, Medina. File 98-0865, Resolution No. 458-98 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Katz, Leno, Medina requested to be added as co-sponsors. [Winter Storms 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. File 98-0873, Motion No. M98-72 (May 26, 1998 - Introduced in Board for introduction on June 1, 1998.) Adopted. [Final Map, 1916-1926 Mason Street] Motion approving final map of 1916-1926 Mason Street, a Live/Work Condominium Project, being a subdivision of Lot 15 in Assessor’s Block No. 90, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0874, Motion No. M98-73 (May 26, 1998 - Referred to Board for consideration on June 1, 1998.) Adopted. [Final Map, 1121 Tennessee Street] Motion approving final map of 1121 Tennessee Street, a Residential Condominium Project, being a subdivision of Lot 43 in Assessor’s Block No. 4172, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0875, Motion No. M98-74 (May 26, 1998 - Referred to Board for consideration on June 1, 1998.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE [MOU, Municipal Attorneys Association (MAA)] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Municipal Attorneys Association and the City and County of San Francisco to be effective July 1, 1998 through June 30, 2001. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-0886. [MOU, Local 200 (S.E.A.M.)] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Transport Workers Union, Local 200 (S.E.A.M.) and the City and County of San Francisco to be effective for the period July 1, 1998 through June 30, 2001. Supervisor Teng presented. Referred to Finance Committee. File 98-0892. [MOU, Local 250-A (7410 Automotive Service Worker)] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Transport Workers Union, Local 250-A (7410 Automotive Service Worker) and the City and County of San Francisco to be effective July 1, 1998 through June 30, 2001. Supervisor Teng presented. Referred to Finance Committee. File 98-0893. [MOU, Local 250-A (Multi-Unit)] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Transport Workers Union, Local 250-A (Multi-Unit) and the City and County of San Francisco to be effective for the period July 1, 1998 through June 30, 2001. Supervisor Teng presented. Referred to Finance Committee. File 98-0894. [Sunshine Ordinance] Ordinance amending Administrative Code Section 67.24 to continue the exemption from public disclosure for rates of payment for managed health care contracts. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 98-0895. [Zoning Map Change] Ordinance adopting changes in property use classification as an amendment to the Zoning Map of property located at 3100 Webster Street, Lot 12, Assessor’s Block 508 from a RH-2 Two-Family Residential District to a NC-3 Moderate-Scale Neighborhood Commercial District and adopting findings pursuant to Planning Code Section 101.1. Supervisor Katz presented. Referred to Housing and Neighborhood Services Committee. File 98-0896. [Annual Report on Park Expenditures] Ordinance amending Administrative Code by adding Section 3.51 requiring the Recreation and Park Department to prepare an annual report describing the proposed expenditure at each city park and each city recreation center during the next fiscal year. Supervisor Newsom presented. Referred to the Parks and Recreation Committee. File 98-0897. [Periodic Assessment-Parks and Recreation Programs] Ordinance amending the Park Code by adding Section 3.18 requiring the Recreation and Park Department to conduct a survey every five years of the public’s satisfaction with the current condition of city parks and recreation facilities, the public’s satisfaction with the department’s current programs and the public’s perception of the need for changes to existing parks, facilities and programs, and requiring the department to report to the Board of Supervisors on the results of the survey. Supervisor Newsom presented. Referred to Economic Development, Transportation, and Technology Committee. File 98-0898. [Tobacco Advertising on Taxicabs] Ordinance amending the Police Code by adding Section 1147.7, prohibiting advertising of tobacco products on taxicabs. Supervisor Newsom presented. Referred to Economic Development, Transportation, and Technology Committee. File 98-0909. Referred to Board [Creation of Health Model for Proposition 215] Resolution requesting a Joint Task Force of the District Attorney and the City Attorney to create legislation establishing a San Francisco health model for the implementation of Proposition 215. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0899. Referred to Committee [Annual Audit] Resolution ordering an annual audit of the Controller’s books. Supervisor Kaufman presented. Referred to Finance Committee. File 98-0900. [Annual Audit] Resolution approving the selection of an independent auditor for the Public Transportation Commission and the Public Utilities Commission and authorizing a three year contract with a consortium of accounting firms. Supervisor Kaufman presented. Referred to Finance Committee. File 98-0901. Referred to Board [Provision of Medical Marijuana] Resolution urging the City Attorney and District Attorney to draft legislation allowing the City to legally provide medicinal marijuana for compassionate use purposes. Supervisors Leno, Ammiano, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0902. [Domestic Partners-Absentee Voting] Resolution requesting the California Legislature to amend the Elections Code to allow domestic partners to accept delivery of and return absentee ballots for absent voters. Supervisors Leno, Katz, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0903. [Assembly Bill 2463-Support] Resolution urging the California State Legislature and Governor Pete Wilson to approve Assembly Bill 2463. Supervisors Leno, Brown, Bierman, Katz, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0904. [HIV + Organ Transplants] Resolution urging the California Director of Health Services to support organ transplants for HIV + patients. Supervisors Leno, Ammiano, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0905. [State Grant] Resolution authorizing the Public Library, through the Peninsula Library System, to accept and expend $45,000 awarded by the California State Library, as part of the California Library Services and Technology Act, Database Linked Systems Program, to purchase Z39.50 client software to improve library patrons’ access to regional online library catalogs. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0906. [Commend Angelo Quaranta and Bob McCarthy] Resolution commending Angelo Quaranta and Bob McCarthy for their hard work and dedication to the electoral process in San Francisco. Supervisor Medina presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0908. Referred to Committee [Placement of Welfare Recipients] Resolution urging the Department of Human Services to identify federal agencies with the authority to hire temporary workers from the welfare to work rosters to provide on-the-job training and to act as a job placement provider for workers eligible to work within those agencies. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0910. Referred to Board [Fireworks] Resolution urging the Police Department and the Fire Department to implement community outreach and education programs regarding the dangers and penalties associated with the possession, sale, and use of fireworks and urging the District Attorney to vigorously prosecute all violations for fireworks possession, sale, and use. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0911. [Commending Marilyn Borovoy] Resolution commending the outstanding accomplishments of Marilyn Borovoy. Supervisors Yaki, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0912. [Commending President Clinton] Resolution commending President Clinton for amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the federal civilian workforce and encouraging Congress to pass the Employment Non-Discrimination Act. Supervisors Yee, Leno presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0913. RequestsforHearings: [Mayor’s Blue Ribbon Report] Hearing to consider the Mayor’s Blue Ribbon Report on Achieving Universal Health Care in San Francisco. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 98-0914. [Management Letters for 1996-97] Hearing to consider, in accordance with Charter Section 9.117, the management letters issued by the City’s independent auditors for the fiscal year ending June 30, 1997. Supervisor Kaufman presented. Referred to Audit Committee. File 98-0915. [Golden Gate Park Conservatory of Flowers] Hearing to consider issues connected with the Golden Gate Park Conservatory of Flowers such as the educational mission for the planned Education Center, a business plan, a collections plan and a plan for the best funding options. Supervisor Newsom presented. Referred to Parks and Recreation Commission. File 98-0916. [Disabled Veterans] Hearing to consider the possibility of allowing disabled veterans and their families free admission to publicly supported points of interest in the City and County of San Francisco such as, but not limited to, museums and parks. Supervisor Yee presented. Referred to Parks and Recreation Committee. File 98-0917. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee, Leno presented. Referred to Board for Adoption Without Committee Reference Calendar June 8, 1998. File 98-0918. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0876. [Patrick Wong, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Patrick Wong against the City and County of San Francisco by payment of $45,000. (Superior Court No. 975-085). (City Attorney) Referred to Rules Committee. File 98-0877. [Hosea Larue Shaw, Jr. et al., v. CCSF, et al.] Ordinance authorizing settlement of litigation of Hosea Larue Shaw, Jr., et. al. against the City and County of San Francisco by payment of $50,000. (Superior Court No. 986-117). (City Attorney) Referred to Rules Committee. File 98-0878. [CCSF, v. Assessment Appeals Bd.1/Federal Reserve] Ordinance authorizing settlement of litigation of the City and County of San Francisco’s lawsuit against the San Francisco Assessment Appeals Board Number 1 (the nominal defendant) and the Federal Reserve Bank (the real party in interest), and applications for reduced property tax assessments pending before the San Francisco Assessment Appeals Board by refunding $583,924 plus interest on any delay in payment beyond August 15, 1998. Referred to Rules Committee with request it be considered at the June 9, 1998 meeting. File 98-0880. [Water Rates] Ordinance approving revised schedule of rates to be charged by the San Francisco Public Utilities Commission for water service to its suburban resale customers. (Public Utilities Commission) Referred to Finance Committee with direction to report back to Board June 22, 1998. File 98-0881. [Sewer Service Charges, 1998-1999] Ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 1998-1999 pursuant to Public Works Code Articles 4.1 and 4.2. (Public Utilities Commission) Scheduled for public hearing before Board on June 22, 1998 at 3:00 p.m. Resolutions Referred to Committee File 98-0848. [Prop J Contract, Parking Management Services] Resolution approving the Controller’s certification that parking management services for San Francisco International Airport can practically be performed by private contractor at lower cost for the year commencing July 1, 1998 than if work were performed by City employees at budgeted levels. (Airport Commission) Referred to Finance Committee. File 98-0879. [Grant - State] Resolution authorizing the Department of Public Health, Division of Public Health, Community Health and Safety, to apply for a grant in the amount of $20,500 from the California Integrated Waste Management Board for an Enforcement Assistance Grant and that the San Francisco Director of Health is authorized to execute all necessary applications, contracts, agreements and amendments relating to this application; waiving indirect costs. (Department of Public Health) Referred to Health, Family and Environment Committee. File 98-0882. [Official Newspaper for FY 1998-99] Resolution designating the San Francisco Independent to be official newspaper for specified categories of official advertising, commencing July 1, 1998. (Purchasing Department) Referred to Finance Committee. File 98-0883. [Official Newspaper, FY 1998-99] Resolution designating an organization to be official newspaper of the City and County of San Francisco for specified categories of advertising, commencing July 1, 1998. (Purchasing Department) Referred to Finance Committee. File 98-0884. [Federal Funding - Supportive Housing Program] Resolution authorizing the Department of Human Services to retroactively, apply for, accept and expend Stewart B. McKinney supportive housing grants in a total amount not to exceed $11,602,133 over a three year period from the U.S. Department of Housing and Urban Development. (Department of Human Services) Referred to Housing and Neighborhood Services Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yee, that the City Attorney develop legislation which creates a mechanism to allow the revenue the City and County receives when doing business with locally owned businesses, including but not limited to gross receipt tax revenue and sales tax revenue, to be factored into the procurement, purchasing, and contracting decisions. By Supervisor Ammiano, that the City Attorney draft language creating a protocol to consider taxes paid by automotive dealerships in San Francisco as part of the bid proposal when reviewing bids for City contracts/purchases for City vehicles. By Supervisor Newsom, that the City Attorney draft language to amend the Sunshine Ordinance to create a position for a seat on the task force to be represented by the non-profit Community. ADJOURNMENT There being no further business, the Board at the hour of 5:02 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on . I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors