Board of Supervisors Minutes: June 29, 1998

Agenda & Minutes Archive JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, June 29, 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. CALLING THE ROLL The meeting was called to order at 2:01 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Kaufman, Leno, Medina, Newsom, Teng, Yee - 9. Noted absent at first roll call: Supervisors Katz, Yaki - 2. Quorum present. Supervisor Katz was noted present at 2:03 p.m. Supervisor Yaki excused. (See infra.) Supervisor Yaki Excused The Clerk stated Supervisor Yaki requested to be excused from attending today’s meeting and the meetings of July 6 and 13, 1998. Supervisor Teng, seconded by Supervisor Medina, moved to excuse Supervisor Yaki from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leno, Medina, Newsom, Teng, Yee - 9. Absent: Supervisors Katz, Yaki - 2. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Medina, moved that the Journal of Proceedings for Monday, May 4, 1998, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. CONSENT CALENDAR Recommendations of Finance Committee [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. 228-98 (Adds Section 11.05 through 11.07.) Finally passed. [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. 229-98 (Amends Section 16.157.) Finally passed. [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. 219-98 Finally passed. [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. 222-98 Finally passed. Recommendations of Rules Committee Passed on First Reading [Luz-Mary Harris, v. CCSF, et al.] Ordinance authorizing settlement of litigation of Luz-Mary Harris against the City and County by payment of $100,000. (City Attorney) File 98-0932, Ordinance No. (United States District Court No. C97-3379 CW.) Passed on first reading. [Susan Brown, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Susan Brown and Shannon Murphy, by and through Guardian ad Litem, Susan Brown against the City and County by payment $79,000. (City Attorney) File 98-0933, Ordinance No. (Superior Court No. 982-030.) Passed on first reading. Adopted [Appointment] Resolution appointing member to the Park and Open Space Advisory Committee, for unexpired portion of two year term ending July 15, 1999. (Rules Committee) File 98-0628, Resolution No. 520-98 (Carolene Marks, succeeding Carol Lane, Seat No. 23314, resigned.) Adopted. [Appointment] Resolution appointing member to the Advisory Dogs Off-Leash Task Force, term to expire on October 28, 1998. (Rules Committee) File 98-1064, Resolution No. 534-98 (Wendy McClure, Seat No. 3, SF DOG.) Adopted. [Appointment] Resolution nominating member to the Citizens Advisory Committee on Elections for appointment by the Mayor, for new four year term ending May 15, 2002. (Rules Committee) File 98-1065, Resolution No. 535-98 (Anne Politeo, succeeding Martha Knutzen, Seat No. 30103, term expired.) Adopted. Recommendations of Housing and Neighborhood Services Committee Passed on First Reading [Sidewalk Width Regulations] Ordinance amending Ordinance No. 1061 entitled, "Regulating the Width of Sidewalks" by adding thereto Section 1542 to change the official sidewalk width of a portion of: a) Ninth Street between Brannan and Division Streets and b) Division Street between Brannan and Ninth Streets, as shown on the Department of Public Works drawing labeled Q-20-482, making findings pursuant to the General Plan and Planning Code Section 101.1 and requiring relocation, modification, or both of facilities affected by the sidewalk width regulations. (Department of Public Works) File 98-0885, Ordinance No. Passed on first reading. [Sidewalk Width Regulations] Ordinance amending Ordinance No. 1061 entitled, "Regulating the Width of Sidewalks" by adding thereto Section 1541 to change the official sidewalk width at the southwesterly corner of Bryant and Delancey Streets, as shown on the Department of Public Works drawing labeled Q-20-483, making findings pursuant to the General Plan and Planning Code Section 101.1 and requiring relocation, modification, or both of facilities affected by the sidewalk and width changes. (Department of Public Works) File 98-0887, Ordinance No. Passed on first reading. 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, Yee - 10. Absent: Supervisor Yaki - 1. REGULAR CALENDAR UNFINISHED BUSINESS From Public Utilities Commission Finally Passed [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. 230-98 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. NEW BUSINESS Recommendations of Audit Committee Adopted [Annual Audit] Resolution ordering an annual audit of the Controller’s books. Sponsors Supervisors Kaufman, Teng. File 98-0900, Resolution No. 524-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [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. Sponsors Supervisors Kaufman, Teng. File 98-0901, Resolution No. 525-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Recommendations of Rules Committee Consideration Continued (Pursuant to the provisions of Rule 2.33.7 of the Board’s Rules of Order, at least seven days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate. In accordance therewith, consideration of the following proposed Charter amendments appropriately may be continued at least one week.) Consideration Continued [Charter Amendment, Customer Service Plan] Charter amendment (First Draft) adding Section 16.120 to require each department of the City and County to adopt a Customer Service Plan. Sponsor Supervisor Newsom. File 98-0825 Supervisor Teng, seconded by Supervisor Brown, moved to continue consideration to July 6, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Consideration Continued as Amended [Charter Amendment, Taxi Commission] Charter amendment ((Second))Third Draft) adding Section 4.133 creating a Taxi Commission to succeed to the powers and responsibilities relating to motor vehicles for hire now vested in the Police Commission and Police Department, and providing for recovery of costs. Sponsor Supervisor Newsom. File 98-0826 Supervisor Newsom, seconded by Supervisor Leno, moved an amendment of the whole bearing same title (Third Draft). Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Supervisor Teng, seconded by Supervisor Brown, moved to continue consideration as amended to July 6, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Consideration Continued [Charter Amendment, Police Officer Retirement] Charter amendment (Second Draft) amending Appendix A8.559 and A8.586 relating to retirement benefits for police officers (to upgrade the Tier II retirement benefits for police officers and to cap the amount of POST pay that can be included in pension calculations). Sponsors Supervisors Kaufman, Newsom, Teng. File 98-0827 Supervisor Teng, seconded by Supervisor Brown, moved to continue consideration to July 6, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. [Charter Amendment, Firefighter Retirement] Charter amendment (Second Draft) amending Appendix A8.588 relating to retirement benefits for uniformed members of the Fire Department who were previously paramedics. Sponsor Supervisor Medina. File 98-0828 Supervisor Teng, seconded by Supervisor Brown, moved to continue consideration to July 6, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Passed on First Reading [Supervisors Ballot Arguments] Ordinance amending Elections Code, to provide that when an argument is submitted by the Board of Supervisors for publication in the voter information pamphlet, the Clerk of the Board of Supervisors shall forward to the Director of Elections a list of the supervisors who voted for submission of the argument and a list of the supervisors who voted against submission of the argument, and the Director of Elections shall include a statement disclosing the name of each supervisor who voted for and against submission of the argument immediately following the argument in the pamphlet. Sponsor Supervisor Kaufman. File 98-0703, Ordinance No. (Adds Section 586.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. [Parking Authority Representation in Organizations] Ordinance amending Administrative Code, providing for the representation of the City and County in certain organizations. (Department of Parking and Traffic) File 98-0888, Ordinance No. (Amends Section 16.6-15.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. [DPT Representation in Organizations] Ordinance amending Administrative Code, providing for the representation of the City and County in certain organizations. (Department of Parking and Traffic) File 98-0889, Ordinance No. (Adds Section 16.6-61.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Adopted [Appointment] Resolution appointing Supervisor Leslie Katz to the Association of Bay Area Governments Executive Board, for new two year term ending June 30, 2000. (Rules Committee) File 98-0941, Resolution No. 527-98 (Supervisor Katz, succeeding Paul Horcher, Seat No. 10305, alternating appointment by Mayor/Board, term expiring June 30, 1998.) Supervisor Katz Excused from Voting The Clerk announced that Supervisor Katz requested to be excused from voting because of a possible conflict of interest. Supervisor Teng, seconded by Supervisor Newsom, moved to excuse Supervisor Katz from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leno, Medina, Newsom, Teng, Yee - 9. Excused: Supervisor Katz - 1. Absent: Supervisor Yaki - 1. Recommendations of Housing and Neighborhood Services Committee Passed on First Reading as Amended [Permit Regulations, Horse-Drawn Vehicle Companies] Ordinance amending the Police Code, providing regulations for the operation of horse-drawn vehicle companies and horse-drawn vehicle drivers. (Police Commission) File 98-0795, Ordinance No. (Adds Section 500 through 509.) Supervisor Medina, seconded by Supervisor Leno, moved to amend page 14, line 20, by inserting the following: "Section 507.a The Board of Supervisors calls on the Department of Animal Care and Control to conduct semi-annual random visits to all horses engaged in the operation of horse-drawn vehicles, and to field inquiries from the public regarding the treatment of such horses." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Passed on first reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. Passed on First Reading (Supervisor Yee was excused from voting in Committee.) [Moratorium, Owner Move-In] Ordinance amending the Administrative Code, to provide procedures to qualify senior, disabled and catastrophically ill tenants for protection from eviction during the temporary moratorium of evictions for owner/relative move-ins; and making clarifying and technical changes. Sponsors Supervisors Ammiano, Bierman. File 98-0805, Ordinance No. (Amends Section 39.7(g). Supervisors Kaufman, Newsom, Yee Excused from Voting Supervisors Kaufman, Newsom and Yee requested to be excused from voting because of possible conflict of interest. Supervisor Ammiano, seconded by Supervisor Medina, moved to excuse Supervisors Kaufman, Newsom and Yee from voting. Motion to excuse Supervisors Kaufman, Newsom and Yee from voting was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. The roll was then called on the pending ordinance and it was passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leno, Medina, Teng - 7. Absent: Supervisor Yaki - 1. Excused: Supervisors Kaufman, Newsom, Yee - 3. Adopted [Liquor License Transfer, 4004 Mission Street] Resolution opposing the request for transfer of a Type 21 off-sale general alcoholic beverage control license to Indra Shrtesha for Everest’s Market from 3216 Mission Street to 4004 Mission Street, and determining that it will not serve the public convenience and necessity 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 98-0649, Resolution No. 521-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. [Interim Zoning Control-Haight Street] Resolution renewing interim zoning controls for an additional six (6) month period to prohibit temporarily the introduction of new establishments or expansion of existing establishments selling alcoholic beverages in the Haight Street Neighborhood Commercial District, as defined in Planning Code Section 719.1 or within one quarter (1/4) mile of any boundary of this district and making a finding of consistency with the priority policies of Planning Code Section 101.1. Sponsors Supervisors Bierman, Teng. File 98-0720, Resolution No. 522-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Liquor License, 111 Minna Street] Resolution determining that the issuance of a Type 48 on-sale general-public premises alcoholic beverage control license to Eiming Jung, dba Minna Street Gallery located at 111 Minna Street, will serve the convenience of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 98-0840, Resolution No. 523-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Eula Walters, oppose building on Lots 202 and 203; Frederick Hobson, Embarcadero music concourse, horses, trees; Male speaker, family unification; Robert Pender, owner move in November ballot measure; Daniel Piesta, Queer nation creator; Camille, psychiatric depression mental health clinic for youth; Eve Gerber, oppose owner move in rent control. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Severed From For Adoption Without Committee Reference Calendar Supervisor Yee requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Opposing Senate Bill 7] Resolution opposing Senate Bill 7 which restricts the use of satellite voting locations. Sponsors Supervisors Brown, Bierman, Katz, Leno, Teng. File 98-1042, Resolution No. (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) At the request of Supervisor Yee, referred to Rules Committee. In connection with the above item, Supervisors Katz, Leno, Teng requested to be added as co-sponsors. Severed From For Adoption Without Committee Reference Calendar Supervisor Leno requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Tabled [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. Sponsors Supervisors Leno, Yaki, Brown, Bierman, Newsom, Katz, Teng. File 98-1043, Resolution No. (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Supervisor Leno, seconded by Supervisor Yee, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. In connection with the above item, Supervisors Katz, Teng requested to be added as co-sponsors. Severed From For Adoption Without Committee Reference Calendar Supervisor Newsom requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [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. Sponsor Supervisor Teng. File 98-1047, Resolution No. 530-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Supervisor Newsom Excused from Voting Supervisor Newsom requested to be excused from voting because of possible conflict of interest. Supervisor Teng, seconded by Supervisor Medina, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yee - 10. Absent: Supervisor Yaki - 1. 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, Teng, Yee - 9. Excused: Supervisor Newsom - 1. Absent: Supervisor Yaki - 1. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Gay Pride Flag] Resolution recognizing and celebrating the Twentieth Anniversary of the creation of the Lesbian and Gay Pride Rainbow Flag. Sponsors Supervisors Leno, Katz, Ammiano, Brown, Newsom, Teng. File 98-1044, Resolution No. 528-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. In connection with the above item, Supervisors Brown, Newsom, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Leno, Katz, Ammiano, Brown, Medina, Newsom, Bierman, Teng. File 98-1045, Resolution No. 529-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. [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. Sponsors Supervisors Ammiano, Katz, Leno, Newsom, Bierman. File 98-1049, Resolution No. 531-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Newsom, Bierman requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Katz, Leno, Newsom, Teng, Bierman. File 98-1051, Resolution No. 532-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Newsom, Teng, Bierman requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Katz, Leno, Bierman. File 98-1053, Resolution No. 533-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. In connection with the above item, Supervisors Katz, Leno, Bierman requested to be added as co-sponsors. [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) File 98-1054, Resolution No. 502-98 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. [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. Sponsors Supervisors Kaufman, Ammiano, Katz, Bierman, Medina, Leno, Newsom, Brown, Teng. File 98-1061, Motion No. M98-85 (June 22, 1998 - Introduced in Board for consideration on June 29, 1998.) Adopted. In connection with the above item, Supervisors Brown, Teng requested to be added as co-sponsors. [Final Map] Motion approving final map of 635 Tennessee Street, a Live/Work Condominium Project, being a subdivision of Lot 19 in Assessor’s Block No. 3995, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 98-1032, Motion No. M98-84 (June 22, 1998 - Referred to Board for consideration on June 29, 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, Yee - 10. Absent: Supervisor Yaki - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Bicycle Transit Enhancement Plan] Substitute ordinance amending Traffic Code by adding Article 5B, Section 110 to protect the integrity of existing bicycle facilities and Section 38N to prohibit parking in bicycle lanes, by amending Section 3.14 to conform to the State Vehicle Code definition of bicycle and Section 4 to conform to State Vehicle Code provisions regarding the rights and duties of bicycle riders; amending Administrative Code by adding Section 2.76 to authorize monitored bicycle parking at large public events; amending Planning Code Section 155.1 to clarify definition and obligations of responsible City official and landlord and deleting obsolete implementation schedule provisions, by adding Section 155.2 to require bicycle parking in city-owned parking facilities and privately-owned parking garages and Section 155.3 to require shower and locker facilities in new buildings and buildings undergoing major renovations, and by making findings of consistency with the priority policies of Planning Code Section 101.1; and repealing Traffic Code Sections 97 and 99. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 98-0564. [Roller Skates and Skateboards] Ordinance amending Traffic Code Section 100 to prohibit the use of coasters, roller skates, skateboards and similar devices on portions of the sidewalk of Terra Vista Avenue and to establish penalties for violation of the section. Supervisor Brown presented. Referred to Housing and Neighborhood Services Committee. File 98-1084. [Procurement] Ordinance amending Administrative Code Section 21.46 to authorize the Purchaser to purchase goods and services under contracts executed by the State of California or the United States of America. Supervisor Katz presented. Referred to Finance Committee. File 98-1085. [Public Works] Ordinance amending Public Works Code Sections 400, 706.33, 706.4 and 706.8 and adding Section 709 to authorize the Director of the Department of Public Works to require and perform remediation on unaccepted public right-of-way and to enforce obligations to pay for such remediation; to delete the Director’s authority to undertake emergency remediation of dangerous conditions on a sidewalk without notice, to allow for administrative review of specified determinations of the Director, and to expand the scope of the fund available for repairs and remediation undertaken by the Department of Public Works; and to authorize the Director to issue and enforce emergency orders for the remediation of accepted or unaccepted public right-of-way in conjunction with or separate from other City departments. Supervisor Medina presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1086. [Awnings] Draft ordinance amending Planning Code Sections 136 and 606, authorizing marquees, awnings and canopies in residential districts and authorizing such marquees, awnings and canopies to display a business name, logo and address. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 98-1087. [Flea Market] Ordinance amending Administrative Code by adding Chapter 9B, Sections 9B.1 through 9B.9, authorizing the City Administrator to establish and regulate a flea market at 100 Alemany Boulevard; charging vendors at the market a fee for the privilege of selling at the market; and ratifying and approving fees collected between June 1996 and the effective date of this ordinance. Supervisor Newsom presented. Referred to Finance Committee. File 98-1088. [Bond Special Election, Academy of Sciences] Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, November 3, 1998, for the purpose of submitting to the voters of the City and County a proposition to incur bonded indebtedness of the City and County in the principal amount of $79,880,000 for the rehabilitation, renovation, improvement, construction and/or reconstruction of the California Academy of Sciences including funding for improvements to Golden Gate Park in the areas appurtenant to, or which provide access to, the California Academy of Sciences; approving necessary procedures to hold such election; consolidating the special election with the consolidated municipal general election for November 3 1998; and waiving the word limitation on ballot propositions imposed by Elections Code Section 510. Supervisor Yaki presented. Referred to Finance Committee with request it be considered at the July 8, 1998 meeting. File 98-1089. Referred to Board [Lyric’s Young, Loud and Proud Conference] Resolution honoring Lyric for the Third Annual Young, Loud, and Proud Conference. Supervisors Katz, Leno, Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1090. [Commendation] Resolution commending the Global Alliance for Preserving the History of World War II in Asia for their outstanding work, and declaring July 5 in remembrance of "The Forgotten Holocaust Day". Supervisors Teng, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1091. [State Legislation, SB 1887] Resolution urging the California State Legislature and Governor Pete Wilson to approve Senate Bill 1887 allowing cities and counties to distribute medicinal marijuana. Supervisors Leno, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1092. Referred to Committee [Hepatitis C Prevention] Resolution directing the Department of Public Health to develop a plan of action to expand and coordinate efforts for Hepatitis C prevention, education and testing and to provide a status update to the Board within three months. Supervisor Newsom presented. Referred to Health, Family and Environment Committee. File 98-1093. Referred to Board [Tobacco Consumption by Youth Report] Resolution urging the Youth Commission to prepare report detailing a plan to address tobacco use among youth, particularly in light of the recent San Francisco survey on "Bidis" and the Vacaville youth efforts in making middle school and high school anti-smoking presentations. Supervisors Newsom, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1094. [Youth Suicide] Resolution urging the San Francisco Youth Commission and the Department of Public Health and their Mental Health Services Division to examine youth suicide and make recommendations to the San Francisco Board of Supervisors as to how to best address the issue. Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1095. Referred to Committee [Music concourse and Organ Pavilion] Resolution endorsing the concept of the Mid-Embarcadero Music Concourse and Organ Pavilion and directing the Planning, Recreation and Park, Public Works and other relevant City departments to develop a detailed proposal and identify funding sources. Supervisor Bierman presented. Referred to Parks and Recreation Committee. File 98-1096. [Grant - State Funds] Resolution authorizing the Executive Director of the Port of San Francisco to accept and expend $86,500 of State funds from the State of California Department of Boating and Waterways for a vessel pumpout facility at the Hyde Street fishing harbor; and forgoing reimbursement of indirect costs; and authorizing the Port of San Francisco to hold the State of California harmless as required in the grant agreement. Supervisor Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1097. Requests for Hearings: [Mental Health Managed Care] Hearing to consider implementation of Mental Health Managed Care. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 98-1098. Motions: Referred to Board [Federal Earned Income Tax Credit] Resolution directing the Board of Supervisors’ Budget Analyst to conduct a survey of low-income City contracted employees to determine the percentage of those eligible for the Federal Earned Income Tax Credit and to determine the percentage of low income City contracted employees that take advantage of this tax credit. Supervisor Leno presented. Referred to Board for Adoption Without Committee Reference Calendar July 6, 1998. File 98-1099. [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 July 6, 1998. File 98-1100. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 98-1062. [Court Compensation] Ordinance setting schedules of compensation and other economic benefits for fiscal year 1998-1999 for certain classifications of persons employed by the Municipal Court for the City and County of San Francisco. (Municipal Court) Referred to Finance Committee. File 98-1063. [Membership List] Ordinance amending Administrative Code by adding Section 16.6-62, adding certain organizations to the membership list of the Office of Public Administrator/Public Guardian/County Veterans Service Officer. (Public Administrator/Public Guardian/County Veterans Service Officer) Referred to Rules Committee. File 98-1070. [Management Agreement, Civic Center Plaza Garage] Ordinance rejecting all bids received for management of the Civic Center Plaza Garage, approving form of Civic Center Plaza Garage management agreement and bid documents for rebid purposes, authorizing and urging the Director of Property to advertise an invitation for bids for management of the Civic Center Plaza Garage using the approved bid documents, and approving new parking rates for the Civic Center Plaza Garage as contained in the approved management agreement. (Real Estate Department) Referred to Economic Development, Transportation Technology. Resolutions Referred to Committee File 98-1031. [Sale of Surplus Property - Sunol Aqueduct] Resolution authorizing the sale of Public Utilities Commission surplus real property (approximately 1.47 acres) identified as portion of the Sunol Aqueduct easement located near Fremont, Alameda County, California to Mission Clay Products Company. (Also see File 172-96-5). (Real Estate Department) Referred to Finance Committee. File 98-1033. [Sale of Surplus Property - Sunol, Alameda County] Resolution authorizing the sale of 11,240 square feet of land of Public Utilities Commission surplus property identified as a portion of Assessor Parcel No. 96-115-6-1 located in Sunol, Alameda County, California to the State of California. (Public Utilities Commission) Referred to Finance Committee. File 98-1066. [Airport Revenue Bonds] Resolution approving the issuance of up to $1,400,000,000 aggregate principal amount of San Francisco International Airport Second Series Revenue Refunding Bonds for the purpose of refinancing certain outstanding 1991 Resolution Bonds and Subordinate Bonds of the Airport Commission issued for the purpose of financing or refinancing certain capital improvements at San Francisco International Airport; approving the maximum interest rate thereon; approving the time for Refunding Bonds as ending December 31, 2001; and approving a maximum number of issues and final maturity date of the sale of Refunding Bonds not later than May 1, 2032. (Airport Commission) Referred to Finance Committee. File 98-1067. [Outreach Newspapers] Resolution designating the Bay View Inc. to be outreach newspaper of the City and County of San Francisco for the African-American community; designating the China Press to be outreach newspaper of the City and County of San Francisco for the Chinese community; and designating the El Latino to be outreach newspaper of the City and County of San Francisco for the Hispanic community commencing , for outreach advertising. (Purchasing Department) Referred to Finance Committee. File 98-1068. [Outreach Newspaper] Resolution designating the San Francisco Bay Times for outreach advertising for the City and County of San Francisco for the Lesbian/Gay/Bisexual community beginning , and until such time that a periodical can be designated as the official outreach periodical for the Lesbian/Gay/Bisexual community. (Purchasing Department) Referred to Finance Committee. File 98-1069. [Emergency Repair Work, PUC-Water Department] Resolution approving the expenditure of funds for emergency work for operational costs, watershed damage, and water treatment costs associated with El Nino storms (estimated at $1,100,614). (Public Utilities Commission) Referred to Finance Committee. File 98-1073. [Sale of Surplus City-Owned Property] Resolution confirming sale of surplus City-owned property under the jurisdiction of the Department of Public Works. (Real Estate Department) (Assessor’s Block 3807, Lot 12, 7th and Channel Streets; Assessor’s Block 5067, Lot 3, San Bruno Avenue near Campbell Avenue.) Referred to Finance Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Leno, that letter of inquiry be sent to Director, Department of Telecommunications and Information Services and Director, Department of Public Works concerning the Palace of Fine Arts League proposal regarding the potential installation and utilization of poster art kiosks throughout the City and County of San Francisco to encourage community support for the arts and small businesses, to generate revenue for the Palace of Fine Arts and to provide a city access system. By Supervisor Medina, that letter be sent to the Controller requesting a supplemental appropriation request be prepared to fund one animal control officer, class 3372, for the express purpose of conducting random, semi-annual checks on horses engaged in the horse drawn carriage industry. By Supervisor Yee, that letter of inquiry be sent to General Manager, Municipal Railway, to determine the timeline for replacement of streetcar tracks, the neighborhoods which will be affected, plans to deal with inconvenience of the public such as the process of informing neighbors of the track replacement, how far in advance of the replacement will the neighbors be notified, will community meetings be held in advance of the track replacement, will a contact number be posted so that neighbors have a place to call to ask questions and register complaints, what will be done to minimize noise and vibration disturbances caused by the track replacement project and what will be done to minimize lost parking spaces and alleviate the problems created from lost parking spaces. By Supervisor Yee, that City Attorney prepare appropriate ordinance to stipulate that when temporary no parking signs are put up in a particular location, these signs provide a contact person and a contact phone number for individuals to call and get information about reason for the temporary prohibitions. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: David Kelsey Sponsor Supervisor Leno.. Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:17 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