Board of Supervisors Minutes: June 22, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, June 22 1998 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:04 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Quorum present. COMMUNICATION The Clerk presented a COMMUNICATION from Director of Elections forwarding the Statement of Votes cast and the resolution certifying the results of the June 2, 1998 election. The resolution was then referred to the For Adoption Without Committee Reference agenda of June 29, 1998. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [MOU, Local 856] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Teamsters Local 856 and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0838, Ordinance No. 209-98 (Fiscal Impact.) Finally passed. [MOU, Local 350] Ordinance implementing the provisions of a mediated settlement agreement for a Memorandum of Understanding between the Teamsters Local 350 and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0839, Ordinance No. 210-98 Finally passed. [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 to be effective July 1, 1998 through June 30, 2001. (Mayor Willie L. Brown, Jr.) File 98-0886, Ordinance No. 213-98 (Fiscal Impact.) Finally passed. [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 to be effective for the period July 1, 1998 through June 30, 2001. Sponsor Supervisor Teng. File 98-0892, Ordinance No. 214-98 (Fiscal Impact.) Finally passed. [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 to be effective July 1, 1998 through June 30, 2001. Sponsor Supervisor Teng. File 98-0893, Ordinance No. 215-98 (Fiscal Impact.) Finally passed. [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 to be effective for the period July 1, 1998 through June 30, 2001. Sponsor Supervisor Teng. File 98-0894, Ordinance No. 216-98 (Fiscal Impact.) Finally passed. [MOU, Local 216] Ordinance implementing the provisions of an arbitration award for a Memorandum of Understanding between the Building Material and Construction Teamsters, Local 216 and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0925, Ordinance No. 217-98 Finally passed. [MOU, Local 39] Ordinance implementing the provisions of a mediated settlement for a Memorandum of Understanding between the International Union of Operating Engineers Stationary Engineers, Local 39 and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0926, Ordinance No. 218-98 Finally passed. [MOU, MEA-Bargaining Units M, EM, MSA] Ordinance implementing the provisions of an agreement of a Memorandum of Understanding between the Municipal Executives Association (for Bargaining Units M, EM, and MSA) and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0928, Ordinance No. 220-98 Finally passed. [Amendment to MOU, MEA-Bargaining Unit MSA] Ordinance implementing the provisions of an amendment to the Memorandum of Understanding between the City and County and the Municipal Executives Association for the period July 1, 1997 through June 30, 1998 to add the Management Special Assistant Bargaining Unit ("MSA") under specified conditions. (Department of Human Resources) File 98-0931, Ordinance No. 221-98 Finally passed. RecommendationofHousingandNeighborhoodServicesCommittee Finally Passed [Sidewalk Width Regulations, Day Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1537 changing the official sidewalk width on the south side of Day Street west of Church Street, as shown on the revised Department of Public Works drawing labeled Q-20-451 (change 1) and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-97-2, Ordinance No. 223-98 Finally passed. RecommendationsofRulesCommittee Finally Passed [Schiefer v. CCSF, et al] Ordinance authorizing settlement of litigation of Catherine M. Schiefer v. City and County, et al., by payment of $60,000, (City Attorney) File 98-0843, Ordinance No. 224-98 (Superior Court No. 986-705.) Finally passed. [Patrick Wong, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Patrick Wong against the City and County by payment of $45,000. (City Attorney) File 98-0876, Ordinance No. 225-98 (Superior Court No. 975-085.) Finally passed. [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 by payment of $50,000. (City Attorney) File 98-0877, Ordinance No. 226-98 (Superior Court No. 986-117). Finally passed. [CCSF, v. Assessment Appeals Bd.1/Federal Reserve] Ordinance authorizing settlement of litigation of the City and County’s lawsuit against the 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 Assessment Appeals Board by refunding $583,924 plus interest on any delay in payment beyond August 15, 1998. (City Attorney) File 98-0878, Ordinance No. 208-98 Finally passed. RecommendationofHealth,FamilyandEnvironmentCommittee Adopted [Grant - State] Resolution authorizing the Department of Public Health, Division of Public Health, Community Health and Safety, to apply retroactively for a grant in the amount of $20,500 from the California Integrated Waste Management Board for an Enforcement Assistance Grant and that the 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) File 98-0879, Resolution No. 507-98 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee Finally Passed [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.) File 98-0852, Ordinance No. 211-98 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [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.) File 98-0853, Ordinance No. 212-98 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [Water Rates] Ordinance approving revised schedule of rates to be charged by the Public Utilities Commission for water service to its suburban resale customers. (Public Utilities Commission) File 98-0880, Ordinance No. 227-98 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. NEWBUSINESS RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [CalTrain to Airport] Resolution supporting a direct connection of CalTrain to the San Francisco International Airport via the Airport Rail Transit System that will (1) complement the BART connection from Millbrae and San Bruno, (2) measurably reduce traffic on Route 101, and (3) recognize the ecological sensitivity of the Airport’s west of Bayshore property, and encouraging the appropriate agencies to work cooperatively to establish such a direct connection. Sponsors Supervisors Bierman, Ammiano, Brown, Katz. File 98-0344, Resolution No. 504-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. CalledfromEconomicDevelopment,TransportationandTechnology CommitteebySupervisorsYee,Bierman Adopted as Amended [Sutro Tower Dynamic Analysis] ((Resolution directing the Director of the Department of Building Inspection to require Sutro Tower, Inc. to perform a full dynamic analysis of Sutro Tower and report the results to the Board of Supervisors before construction of any additional structures to the tower.)) Sponsors Supervisors Bierman, Ammiano, Yee. ResolutiondirectingtheDirectoroftheDepartmentofBuilding InspectiontodirectSutroTower,Inc.toperformafulldynamic analysisofSutroTowerandreporttheresultstotheBoardof Supervisorsinconnectionwithorbeforethefilingoftheannual inspectionreportofFebruary,1999. File 98-0678, Resolution No. 505-98 Supervisor Yaki, seconded by Supervisor Katz, moved an amendment of the whole entitled, "Resolution directing the Director of the Department of Building Inspection to direct Sutro Tower, Inc. to perform a full dynamic analysis of Sutro Tower and report the results to the Board of Supervisors in connection with or before the filing of the annual inspection report of February, 1999." Supervisor Yee, seconded by supervisor Ammiano, moved to continue the matter for one week. Motion to continue refused adoption by the following vote: Ayes: Supervisors Ammiano, Bierman, Newsom, Yee - 4. Noes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Teng, Yaki - 7. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. Supervisor Kaufman, seconded by Supervisors Brown and Katz, moved the previous question. The Clerk then stated "Shall the previous question be now put?" Motion refused adoption by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki - 7. Noes: Supervisors Ammiano, Bierman, Leno, Yee - 4. The President resumed the Chair. Following further discussion, Supervisor Teng, seconded by Supervisors Yaki and Katz, moved the previous question. The Clerk then stated "Shall the previous question be now put?" Motion adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki - 8. Noes: Supervisors Ammiano, Bierman, Yee - 3. The roll was then called on the pending amendment of the whole and it was adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki-7. Noes: Supervisors Ammiano, Bierman, Leno, Yee-4. Adopted as amended by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki-7. Noes: Supervisors Ammiano, Bierman, Leno, Yee-4. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing to consider 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. File 98-0881 (June 8, 1998 - From Planning Department, Certificate of Exemption from Environmental Review dated June 3, 1998, pursuant to State Guidelines, Section 15273; Public Resources Code, Section 21080(b)(8).) The President inquired if there was anyone present who wished to testify on this matter. There being no response the President declared the public hearing closed. FromPublicUtilitiesCommission Passed on First Reading [Sewer Service Charge, 1998-1999] Ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 1998-1999 pursuant to Part II, Chapter X, Articles 4.1 and 4.2 of the Public Works Code. File 98-0881, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. COMMITTEEREPORT FromHousingandNeighborhoodServicesCommittee (The following item will be considered by the committee at its regular meeting on Thursday, June 18, 1998 at 10 AM. The Chair intends to request the committee to send the following item to the Board as a committee report.) Adopted [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) File 98-0884, Resolution No. 508-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. FromFinanceCommittee Passed on First Reading [Employee Health Coverage] Ordinance amending Administrative Code, approving Health Service System plans and rates of contribution as adopted by the Health Service Board to be effective July 1, 1998 through June 30, 1999). (Department of Human Resources/Health Service System) File 98-0846, Ordinance No. (Amends Section 16.157.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [MOU, Deputy Sheriff’s Association] Ordinance implementing an arbitration award for a Memorandum of Understanding between the Deputy Sheriff’s Association and the City and County to be effective July 1, 1998 through June 30, 2001. (Department of Human Resources) File 98-0927, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. [MOU, Local 21] Ordinance implementing an arbitration award for a Memorandum of Understanding between the International Federation of Professional and Technical Engineers, AFL-CIO, Local 21 and the City and County for the period July 1, 1998 through June 30, 2001. Sponsor Supervisor Yee. File 98-0952, Ordinance No. Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [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. Sponsors Supervisors Yaki, Kaufman. File 98-0818, Resolution No. 506-98 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 Yaki assumed the Chair so the President could participate in the debate from the floor on the following item. [City Hall Exemptions From Proposition F] Resolution complying with Proposition F (City Hall use and occupancy) by exempting certain departments from occupying the same space in City Hall as those departments occupied as of October 17, 1989 and by exempting certain historical exterior and interior appurtenances of City Hall as of October 17, 1989 from being preserved. Sponsors Supervisors Kaufman, Teng, Bierman, Katz, Brown, Yaki, Medina, Newsom, Leno. File 98-1007, Resolution No. 503-98 Supervisor Yee, seconded by Supervisor Ammiano, moved to continue the matter for three weeks. Motion to continue refused adoption by the following vote: Ayes: Supervisors Ammiano, Yee - 2. Noes: Supervisors Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki - 9. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki-10. Noes: Supervisor Yee-1. [Recreation and Park Fees] Ordinance amending Park Code, approving fees for the Japanese Tea Garden, Coit Tower, and wedding ceremonies. (Recreation and Park Department) File 98-0737, Ordinance No. (Adds Section 11.05 through 11.07.) Passed on first reading 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: John Lyra, Twin Peaks Homeowners Annual Meeting; Derf Butler, NAACP, opposing SB7; Constance Buck, the demise of diversity in San Francisco; Jeffery Auman, Presidio housing; Jesus Gumban, claim against the City; Kamren Meihjeeh, Dolores Park/drugs. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ClosedSession ConferencewithCityAttorney-Litigation FromthePresident Adopted 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 as permitted by Government Code Section 94956.9(a) regarding the following litigation: AirTransportAssociationofAmericav.SanFrancisco, U.S. District Court No. C97-1763CW (Challenge to Equal Benefits Ordinance). Supervisor Medina, seconded by Supervisor Newsom, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee-11. Recess The Board recessed at the hour of 4:28 p.m. to convene in closed session. Reconvening of the Board The Board reconvened at 5:01 p.m. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Noted absent: Supervisors Kaufman, Teng-2. Quorum present. ReportonClosedSession 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 pending litigation. Supervisor Medina, seconded by Supervisor Leno, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Noted absent: Supervisors Kaufman, Teng-2. 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 Brown requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [State Legislation, SB 7] Resolution supporting Senate Bill 7, which regulates early satellite voting locations. Sponsors Supervisors Yee, Ammiano. File 98-1002, Resolution No. (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) At the request of Supervisor Brown, referred to Rules Committee. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Yee requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [National Archives and Records] Resolution urging the National Archives and Records Administration to retain a California office for housing of Asian American documents and artifacts. Sponsors Supervisors Yee, Brown, Katz, Medina, Teng, Ammiano. File 98-1013, Resolution No. (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Supervisor Yee, seconded by Supervisor Bierman, moved to amend line 11 by replacing "UT" with Missouri. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. In connection with the above item, Supervisors Brown, Katz, Medina, Teng, Ammiano requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commend Charles Bolton] Resolution commending Charles Bolton, Bernal Heights resident, for his decade of service and activism to make Bernal Heights a better, greener, cleaner and safer place. Sponsors Supervisors Ammiano, Bierman, Brown, Katz, Leno, Newsom, Teng. File 98-1000, Resolution No. 509-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Brown, Katz, Leno, Newsom, Teng requested to be added as co-sponsors. [Commend United Parcel Service Volunteers] Resolution commending United Parcel Service volunteers for their participation in the 1998 California AIDS Ride. Sponsors Supervisors Leno, Kaufman, Katz, Bierman, Ammiano, Brown, Medina, Newsom, Teng. File 98-1001, Resolution No. 510-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina, Newsom, Teng requested to be added as co-sponsors. [Alternative Fuel Ferries] Resolution urging the San Francisco Port Commission, the City of Vallejo and other public and private ferry operators to explore the use of ferries powered by natural gas or another alternative fuel for new or existing ferry service. Sponsors Supervisors Ammiano, Bierman, Katz, Leno, Medina, Newsom. File 98-1003, Resolution No. 511-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Medina, Newsom requested to be added as co-sponsors. [Hate Crimes] Resolution condemning hate crimes. Sponsors Supervisors Brown, Bierman, Katz, Kaufman, Leno, Medina, Teng, Ammiano. File 98-1005, Resolution No. 512-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Katz, Kaufman, Leno, Medina, Teng, Ammiano requested to be added as co-sponsors. [Homeless Youth Working Group] Resolution calling for the formation of a Homeless Youth Working Group, to be composed of representatives from City departments, private and non-profit service providers, the Youth Commission and members of the Homeless Youth Community, to work in conjunction with the Homeless Coordinating Local Board to develop a strategy to address the unique needs of San Francisco homeless youth. Sponsors Supervisors Katz, Bierman, Brown, Leno, Medina, Newsom, Teng, Ammiano. File 98-1006, Resolution No. 513-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Leno, Medina, Newsom, Teng, Ammiano requested to be added as co-sponsors. [AIDS and HIV Health Care] Resolution urging the Health Service Board to ensure that all health care providers who provide care for City employees, retirees and their dependents assure that high quality, comprehensive, affordable and accessible health care is available for persons with HIV by adopting the Insurance Issues Subcommittee Report from the Mayor’s Summit on AIDS and HIV and the report’s recommendations. Sponsors Supervisors Leno, Ammiano, Katz, Bierman, Brown, Medina, Teng. File 98-1009, Resolution No. 514-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Brown, Medina, Teng requested to be added as co-sponsors. [Multi-use Resources with Schools] Resolution urging the Recreation and Park Department, the Department of Parking and Traffic, the Public Utilities Commission and the Real Estate Department to collaborate with the San Francisco Unified School District in developing a plan for multi-use of resources. Sponsors Supervisors Newsom, Brown, Katz, Leno, Medina, Teng, Ammiano. File 98-1011, Resolution No. 515-98 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Brown, Katz, Leno, Medina, Teng, Ammiano requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee, Leno. File 98-1020, Motion No. M98-82 (June 15, 1998 - Introduced in Board for consideration on June 22, 1998.) Adopted. [Grant - Federal Funds] Resolution authorizing the Director of Public Works to accept and expend $36,247,917 in Federal Emergency Relief (ER) funds for the construction of the Mid-Embarcadero roadway and surface street improvements. Sponsors Supervisors Yaki, Bierman, Ammiano. File 98-1025, Resolution No. 517-98 (June 17, 1998 - Referred to Board for consideration on June 22, 1998.) Adopted. In connection with the above item, Supervisors Bierman, Ammiano requested to be added as co-sponsors. [Final Map, 1099 Mississippi Street] Motion approving final map of 1099 Mississippi Street, a Live/Work Condominium Project, being a subdivision of Lot 8A in Assessor’s Block No. 4224, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-0989, Motion No. M98-81 (June 12, 1998 - Referred to Board for consideration on June 22, 1998.) Adopted. [Final Map, 755 Tennessee Street] Motion approving final map of 755 Tennessee Street, a Live/Work Condominium Project, being a subdivision of Lot 16 in Assessor’s Block 4044, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-1026, Motion No. M98-83 (June 17, 1998 - Referred to Board for consideration on June 22, 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, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. IMPERATIVECALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following motions: Adopted [Serious Injury Finding] Motion that the Board finds by roll call vote that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Yee, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [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 Yee, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Newsom, seconded by Supervisor Yee, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Imperative Resolutions] Adopted [Opposing Repeal of Vehicle License Fees] Resolution urging the California State Legislature to oppose the repeal or reduction of vehicle license fees. File 98-1035, Resolution No. 519-98 Supervisors Yaki, Kaufman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. [Commendation] Resolution commending the International Chinese Comrades organization for its first U.S. Chinese Tongzhi Conference. File 98-1034, Resolution No. 518-98 Supervisors Yee, Bierman, Ammiano presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Kaufman, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Notice of Planning Department Action] Ordinance amending Planning Code by amending Section 306.3 to require the Director of Planning to provide to any person who has requested in writing notice of actions to be taken pursuant to this code or State law. Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee. File 98-1036. [Minority/Women/Local Business Utilization Ord. III Ordinance amending Administrative Code by adding Section 12D.2-4 and by amending Sections 12D.9(A), 12D.10(A), 12D.11(A), 12D.11(A)-(1) and 12D.15(G) to set forth findings supporting a two month extension of the MBE/WBE/LBE Ordinance-III and providing for the two month extension. Supervisor Brown presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1037. [Excavation in the Public Right-of-Way] Ordinance amending Public Works Code by repealing Article 8 (Excavations in Streets), repealing Sections 672 and 673 of Article 14 (Underground Pipes, Wires and Conduits), and adding Article 2.4 (Excavation in the Public Right-of-Way) including Section 2.4.44 to impose a new street damage restoration fee; authorizing establishment of the Street Construction Coordination Center and requesting other official actions in connection therewith; making findings for these amendments; and amending Article XIII of Chapter 10 by adding Section 10.117-119 to create a fund for collection of street damage restoration fees and adding Section 10.117-120 to reestablish the excavation fund for the collection of other deposits, fees, and penalties imposed by Article 2.4. Supervisors Katz, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1038. [Paratransit] Ordinance amending Police Code by adding Section 1147.7 requiring all taxicab color schemes to participate in the City’s Paratransit Program. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1039. [Taxicab Lease Fees] Ordinance amending Police Code by adding Section 1135.2 setting a cap on taxicab lease fees, authorizing regulations and penalties, and providing effective and expiration dates for the ordinance. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1040. [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 during the next fiscal year. Supervisor Newsom presented. Referred to Parks and Recreation Committee. File 98-1041. Referred to Board [Opposing Senate Bill 7] Resolution opposing Senate Bill 7 which restricts the use of satellite voting locations. Supervisors Brown, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1042. [Wells Fargo $1 Billion Loan Program] Resolution commending Wells Fargo Bank for establishing a $1 Billion Nationwide Loan Program to aid small African American Businesses. Supervisors Leno, Yaki, Brown, Bierman, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1043. [Gay Pride Flag] Resolution recognizing and celebrating the Twentieth Anniversary of the creation of the Lesbian and Gay Pride Rainbow Flag. Supervisors Leno, Katz, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1044. [Rally Against Hate Crimes] Resolution urging San Franciscans to participate in the Lesbian, Gay, Bisexual, Transgender Pride Celebration Anti-Hate Rally on Saturday, June 27, 1998. Supervisors Leno, Katz, Ammiano, Brown, Medina, Newsom, Bierman, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1045. [Support a New Facility for Laguna Honda Hospital] Resolution supporting the work of the Long Term Care Task Force, and the commitment to rebuilding Laguna Honda Hospital. Supervisors Medina, Bierman, Newsom presented. Referred to Health, Family and Environment Committee. File 98-1046. [Public Hearing Approval] Resolution authorizing the execution and delivery of equipment purchase program notes by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $500,000 for Niman-McConnell LLC or an affiliate. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1047. Referred to Committee [Capital Expenditure Plan] Resolution requiring the Board of Supervisors to fund and institutionalize a Six-Year Plan for Capital Expenditures, calling for Board oversight of the Six-Year Plan, and calling for a Citizens Advisory Committee to allow increased public input to the City and County’s capital expenditure planning process. Supervisor Ammiano presented. Referred to Finance Committee. File 98-1048. Referred to Board [Federal Grant] Resolution authorizing the Director of Administrative Services to apply for grant support from the Transportation Fund for Clean Air in the Bay Area for programs and projects to reduce air pollution from motor vehicles. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1049. Referred to Committee [Allocating Domestic Partnership Filing Fees] Resolution urging San Francisco’s County Clerk’s Office to set aside Domestic Partnership filing fees for same sex domestic violence programs, to be consistent with filing fees for marriage registration. Supervisor Ammiano presented. Referred to Finance Committee. File 98-1050. Referred to Board [Commending Friends of the Pink Triangle] Resolution commending the Friends of the Pink Triangle for continued support and activism in San Francisco’s Lesbian and Gay Pride Freedom Day Celebration. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1051. Referred to Committee [Use City Owned Stock For Social Change] Resolution urging the City’s Retirement Board and the Board of Supervisor’s representative to utilize city owned shares of stock to introduce social change at corporations, so that there is compliance with San Francisco’s Human Rights Ordinance. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1052. Referred to Board [UCSF Protocol for HIV Organ Transplants] Resolution urging the University of California at San Francisco to be consistent with their policy regarding organ transplants for patients with HIV. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1053. [Election Declaration] Resolution declaring the results of the Consolidated Primary Election conducted June 2, 1998, in the City and County of San Francisco. Clerk of the Board presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1054. RequestsforHearings: [Hearing on Status of Stadium-Mall] Hearing to consider the status of the proposed stadium-mall project to be built at Candlestick Point. Supervisor Brown presented. Referred to Parks and Recreation Committee. File 98-1055. [Criminal Activities in Dolores Park] Hearing to examine the criminal activities threatening neighbors and visitors within Dolores Park, to realistically gauge the extent of criminal problems within the park, and to develop a methodical plan of action for alleviating the problem. Supervisor Newsom presented. Referred to Parks and Recreation Committee. File 98-1056. [National Park Service Signage Policy, Ocean Beach] Hearing to consider the National Park Service current signage policy at Ocean Beach. Supervisor Newsom presented. Referred to Parks and Recreation Committee. File 98-1057. [Visitacion Valley] Hearing to consider an update on the quality of life in Visitacion Valley specifically concerning community policing, economic development, child care, open space, and street cleaning. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 98-1058. [Haight-Ashbury] Hearing to consider quality of life issues in the Haight-Ashbury neighborhood. Supervisors Yee, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 98-1059. [Gathering Signatures in Public Right-Of-Way] Hearing to consider the ability of individuals who are gathering signatures for the purpose of placing voter initiatives on upcoming ballots to gather these signatures in the public right-of-way. Supervisor Yee presented. Referred to Rules Committee. File 98-1060. Motions: Referred to Board [Winter Storm Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the 1998 winter storms. Supervisors Kaufman, Ammiano, Katz, Bierman, Medina, Leno, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar June 29, 1998. File 98-1061. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-0990. [Settlement Agreement, Lynne Beeson] Ordinance authorizing settlement of the claim for wages of Lynne Beeson in the amount of Thirty Thousand Three Hundred Fifty-Three Dollars and Thirty Cents ($30,353.30). (Department of Human Resources) Referred to Rules Committee. File 98-1021. [Taxi Driver Permits - Drug and Alcohol Testing] Ordinance amending Police Code by amending Section 1089, requiring that, consistent with State law, taxicab drivers test negative for controlled substances as a condition of issuance of a taxicab driver permit and test negative for controlled substances and for alcohol as a condition of renewal of their taxicab driver permit. (Police Commission) Referred to Housing and Neighborhood Services Committee. File 98-1028. [Department of Public Health Membership] Ordinance amending Administrative Code by amending Section 16.6-10, adding certain organizations to the membership list of the Department of Public Health. (Department of Public Health) Referred to Rules Committee. Resolutions Referred to Committee File 98-0986. [Lease of Property at 650 Fifth Street] Resolution authorizing a lease of real property at 650 Fifth Street, San Francisco, for the Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 98-0987. [Encroachment Permit, 2290 Geary Boulevard] Resolution granting revocable permission to M.A. Mortenson Company for a one-year extension to temporarily close and occupy the south sidewalk and a portion of the street area on Garden Street and the east sidewalk and a portion of the street area on Broderick Street between Geary Boulevard and Garden Street and between Garden Street and Post Street during construction operations for the Kaiser Foundation Health Plan Medical Offices at 2290 Geary Boulevard. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 98-0988. [Gift Acceptance, Airport] Resolution accepting a gift from Fong and Chan Architects for architectural services (valued at $260,000) for the design of the Aviation Library, Archive, and Museum at the Airport. (Airport Commission) Referred to Rules Committee. File 98-1022. [Lease of Property, City of Santa Clara] Resolution authorizing an assignment, assumption and amendment of a 40-year lease of Public Utilities land located in the City of Santa Clara for parking and landscaping from Larvan Properties, Assignor, to MELP VII, Assignee. (Public Utilities Commission) Referred to Finance Committee. File 98-1027. [Statute of Limitations] Resolution approving the waiver of the applicable statute of limitations in Penske Truck Leasing Co., Inc. v. City and County of San Francisco. (San Francisco Municipal Court No. 146-915). (City Attorney) Referred to Rules Committee. File 98-1029. [Hospital Provider Services Agreement] Resolution authorizing the Director of Public Health to execute an agreement, including indemnification, binding arbitration, and limited authority for the Director of Public Health to execute amendments, for the provision of hospital services to the members of the San Francisco Health Plan effective July 1, 1998. (Department of Public Health) Referred to Health, Family and Environment Committee. File 98-1030. [Hospital Provider Services Agreement] Resolution authorizing the Director of Public Health to execute an agreement, including indemnification, binding arbitration, and limited authority for the Director of Public Health to execute amendments, for the provision of hospital services to the members of Foundation Health Services effective July 1, 1998. (Department of Public Health) Referred to Health, Family and Environment Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that the City Attorney draft legislation extending the interim zoning controls in the Mid-Mission Alcoholic Beverage Special Use District for an additional six (6) month period and directing the Planning Department to complete its study of the impacts of these interim zoning controls. (See Resolution No. 592-97). By Supervisors Leno, Bierman that the Budget Analyst conduct a sample survey of City contracted employees who are low income to determine the percentage of those workers who would be eligible for the federal earned income tax credit and that the Budget Analyst compare the result of the aforementioned result to the percentage of city contracted employees who are eligible for the earned income tax credit and actually avail themselves of the credit. By Supervisor Newsom, that letter be sent to the Director of the Department of Public Works inquiring as to the costs that would be associated with the installation of signs on city streets at the major access sites to Ocean Beach warning of the dangers of the water at Ocean Beach for a response from the Department at a hearing before the Parks and Recreation Committee. By Supervisor Teng, that letter be sent to the City Council in Jasper, Texas expressing the City of San Francisco’s solidarity with them and the family of James Byrd, Jr. in denouncing the malicious murder, an act of hate crime, which took place there a few weeks ago. The residents of San Francisco recognize the importance of condemning all hate crimes and of fostering diversity, and building race relations and stand with the residents of Jasper in condemning this savage crime. A copy of the "Hate Crime" resolution is to be enclosed. By Supervisor Teng, that letter be sent to the family of James Byrd, Jr. expressing the Board’s condolences and outrage at this crime. By Supervisor Yee, that the City Attorney draft legislation imposing an 18-month interim zoning control on new off-sale liquor establishments in the North of Market Special Use District. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Susan Yoachum (By the entire Board). Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:05 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