Board of Supervisors Minutes: August 3, 1998

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, August 3, 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 2:05 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Noted absent at first roll call: Supervisor Teng - 1. Quorum present. Supervisor Teng excused. (See infra.) SupervisorTengExcused The Clerk stated Supervisor Teng requested to be excused from attending today’s meeting. Supervisor Yaki, seconded by Supervisor Katz, moved to excuse Supervisor Teng from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. CONSENTCALENDAR RecommendationsofRulesCommittee Adopted [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) File 98-0988, Resolution No. 635-98 Adopted. [Settlement of Claim] Resolution approving the settlement of unlitigated claim by the City and County against Volume Services, Inc., for $104,564.25. (City Attorney) File 98-1144, Resolution No. 640-98 Adopted. [Unlitigated Claim, Business Software Alliance] Resolution approving the settlement of unlitigated claim of Business Software Alliance by payment of $25,632.65. (City Attorney) File 98-1185, Resolution No. 643-98 Adopted. [Appointments] Resolution appointing members to the Park and Open Space Advisory Committee, terms expired, for new two year terms ending July 15, 2000. (Rules Committee) File 98-1270, Resolution No. 650-98 (Julia Viera, succeeding herself, Seat No. 23305, organization list; Harold E. Supriano, succeeding himself, Seat No. 23304.) Adopted. [Appointment] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, term expired, for new four-year term ending December 22, 2001; and making findings waiving residency requirement. (Rules Committee) File 98-1271, Resolution No. 651-98 (Thomas A. Lewis, succeeding himself, Seat No. 26723, paint contractor.) Adopted. [Appointments] Resolution appointing members to the Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth Task Force, terms expiring June 30, 1999. (Rules Committee) File 98-1272, Resolution No. 652-98 (Adrian Lamo, Seat No. 10; Bryan Kutner, Seat No. 11.) Adopted. RecommendationsofHealth,Family&EnvironmentCommittee Adopted [Grant - State] Resolution authorizing the Department of Public Health, Community Health Services, to accept and expend retroactively an award of $42,615, from the State Department of Health Services, WIC Program, for one time service infrastructure funding; providing for ratification of action previously taken; waiving indirect costs. (Department of Public Health) File 98-1138, Resolution No. 639-98 Adopted. [Gift Acceptance - DPH/SFGH] Resolution authorizing the Department of Public Health, San Francisco General Hospital to accept and expend a gift (shares of stock estimated at a value of $1.27 million) bequeathed to San Francisco General Hospital from the estate of Kathleen Mason. (Department of Public Health) File 98-1146, Resolution No. 642-98 Adopted. [Adult Day Health Care] Resolution authorizing approval of revisions to the San Francisco Adult Day Health Care County Plan. (Department of Public Health) File 98-0836, Resolution No. 634-98 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, Yaki, Yee-10. Absent: Supervisor Teng-1. REGULARCALENDAR UNFINISHEDBUSINESS FromtheClerk Adopted as Amended [Findings] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 98.127C, ((which would allow the development of a lot exceeding 9,999 square feet in area, and)) which would allow the establishment of a general convenience retail/pharmarcy use exceeding 3,999 square feet in size, within a NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District, on property located at 1200-9th Avenue, southeast corner at Lincoln Way; Lots 35 and 44, in Assessor’s Block 1742. (Clerk of the Board) File 98-1269, Motion No. M98-107 Supervisor Yaki, seconded by Supervisor Brown, moved to amend title, lines three and four, and page two, lines 22 and 23 by deleting "which would allow the development of a lot exceeding 9,999 square feet in area and". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. RecommendationofRulesCommittee Finally Passed [Commercial & Interiors Construction v. CCSF] Ordinance authorizing settlement of litigation of Commercial and Interiors Construction, Inc., et al. against the City and County by payment of $285,016.13. (City Attorney) File 98-1103, Ordinance No. 262-98 (Superior Court No. 990-209.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Passed on First Reading as Amended [First Source Ordinance] Ordinance amending Administrative Code to establish specific requirements, procedures and monitoring for first source hiring of qualified economically disadvantaged individuals for entry level positions, applicable to city contracts, city property contracts and building permits and planning approvals for commercial development projects. Sponsors Supervisors Yaki, Bierman, Katz, Medina, Ammiano. File 98-0663, Ordinance No. (Adds Chapter 83, Sections 83.1 through 83.18.) Supervisor Yaki, seconded by Supervisor Leno, 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, Yaki, Yee-10. Absent: Supervisor Teng-1. Passed on first reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. NEWBUSINESS RecommendationsofFinanceCommittee Passed on First Reading [Affordable Child Care Program] Ordinance amending Planning Code Section 314.5 to expand the sources and eligible uses of monies in the Affordable Child Care Fund, to allow monies from that fund to be used to fund any report(s) required to demonstrate the relationship between office and hotel development projects and child care demand as described in Planning Code Section 314.4, to provide for Board of Supervisors approval of rules and regulations for the uses of that fund, and to rename that fund the "Child Care Capital Fund" to reflect the amended uses of that fund; companion measure to File 98-0519. Sponsors Supervisors Teng, Yaki, Ammiano. File 98-0518, Ordinance No. (Planning Commission Resolution No. 14634 adopted 6/4/98; Certificate of Exemption from Environmental Review with general rule exclusion, Section 150619(b)(3) dated 5/13/98) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Yaki, Ammiano requested to be added as co-sponsors. Adopted [Affordable Child Care Fund] Resolution approving regulations for the use of the Child Care Capital Fund, formerly known as the Affordable Child Care Fund, established by Planning Code Section 314.5; superseding existing regulations for the use of the Affordable Child Care Fund; and authorizing the use of the current unexpended balance of the Child Care Capital Fund. Sponsor Supervisor Teng. File 98-0519, Resolution No. 633-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. Passed on First Reading [Same Sex Domestic Violence Programs Fund] Ordinance amending Administrative Code, to provide that fees collected for performing domestic partnership civil ceremonies shall be deposited in the Same Sex Domestic Violence Project within the Domestic Violence Program Fund. Sponsor Supervisor Kaufman, Ammiano, Teng, Newsom, Bierman, Katz, Brown, Yaki, Medina. File 98-1157, Ordinance No. (Amends Section 10.117-21.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Bierman, Katz, Brown, Yaki, Medina requested to be added as co-sponsors. Adopted [Property Lease - City of Santa Clara] Resolution authorizing, retroactively, 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; subject to rent reappraisals nine years from the date of the assignment and fourteen years from the date of the assignment. (Public Utilities Commission) File 98-1022, Resolution No. 636-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Outreach Newspapers] Resolution designating the Bay View, Inc., the Sun Reporter and the Small Business Exchange to be outreach newspapers of the City and County for the African-American community; designating the China Press, the Sing-Tao Daily News, and the World Journal to be outreach newspapers of the City and County for the Chinese Community; and designating the El Latino and El Reporter (The Reporter) to be outreach newspapers of the City and County for the Hispanic community; designating the Philippine Guardian as the outreach newspaper of the City and County for the Phillipine Community; designating the Korean Times as the outreach newspaper for the Korean community; designating the Hokubei Mainuchi as the outreach newspaper of the City and County for the Japanese community; commencing retroactively on July 1, 1998. Sponsors Supervisors Teng, Ammiano, Bierman. File 98-1067, Resolution No. 637-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Ammiano, Bierman requested to be added as co-sponsors. [Outreach Newspaper] Resolution designating the San Francisco Bay Times and the Bay Area Reporter for outreach advertising for the City and County for the Lesbian/Gay/Bisexual Community beginning retroactively on July 1, 1998. Sponsors Supervisors Teng, Ammiano. File 98-1068, Resolution No. 638-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Off-Street Parking Lease Agreement for DHS] Resolution authorizing the lease agreement for off-street parking at 205 13th Street for the Department of Human Services effective the later of August 1, 1998, retroactively, or upon the date City receives 24-hour notice to vacate their current parking site. (Real Estate Department) File 98-1145, Resolution No. 641-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Prop J Contract, Budget Analyst] Resolution concurring with the Controller’s certification that Budget Analyst Services can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Clerk of the Board) File 98-1188, Resolution No. 644-98 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Budget Analyst - Performance Audits] Motion amending the agreement between the Budget Analyst and the Board of Supervisors to provide that the Budget Analyst will increase the level of services dedicated to Performance Auditing at a cost of $200,000 annually with initial funding provided in the adopted Fiscal Year 1998-1999 Budget. Sponsor Supervisor Kaufman. File 98-1172, Motion No. M98-103 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. [Audit Priorities] Motion adopting a proposed schedule of audits to be conducted of programs of City and County departments; companion measure to File 98-1172. Sponsor Supervisor Kaufman. File 98-1173, Motion No. M98-104 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki-8. Noes: Supervisors Ammiano, Yee-2. Absent: Supervisor Teng-1. RecommendationsofRulesCommittee Adopted [Ballot Measure, Hotel Tax Surcharge] Motion ordering submission to the voters of an ordinance approving the continued imposition of a two percent Hotel Tax Surcharge on the rent for occupancy of guest rooms in certain hotels for General Fund purposes by amending Municipal Code, Part III, by adding Section 502.6-2. Sponsors Supervisors Kaufman, Ammiano, Leno, Bierman, Teng, Yee, Brown, Katz, Medina, Newsom. File 98-1017, Motion No. M98-100 Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Medina, Newsom requested to be added as co-sponsors. The President resumed the Chair. [Ballot Measure, Stadium Operator Tax] Motion ordering submission to the voters of an ordinance approving the continued imposition of the Stadium Operator Admission Tax and the Temporary Admission Tax on stadium admissions, authorizing the establishment of a supplemental stadium admission tax upon expiration of the temporary admission tax and making miscellaneous technical corrections to Municipal Code, Part III, Sections 801, 802A, 805, 807 and 841. Sponsors Supervisors Leno, Bierman. File 98-1018, Motion No. M98-101 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by adding Section 2.23(A) in order to create a Customer Service Award for employees of the City and County of San Francisco. Sponsors Supervisors Newsom, Katz, Bierman. File 98-1019, Motion No. M98-102 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. In connection with the above item, Supervisors Katz, Bierman requested to be added as co-sponsors. Passed on First Reading [Membership List] Ordinance amending Administrative Code, adding a certain organization to, and deleting two organizations, from the membership list of the Department of Public Works. (Department of Public Works) File 98-1152, Ordinance No. (Amends Section 16.6-9.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Membership List] Ordinance amending Administrative Code, 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) File 98-1063, Ordinance No. (Adds Section 16.6-62.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. RecommendationofHealth,Family&EnvironmentCommittee Passed on First Reading [Business Establishments/Public Accommodations] Ordinance amending Police Code, making unlawful discrimination in business establishments and public accommodations between patrons who have domestic partners and patrons who have spouses. Sponsors Supervisors Leno, Ammiano, Katz, Bierman. File 98-0996, Ordinance No. (Amends Section 3305.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. [Domestic Violence] Ordinance amending Administrative Code, authorizing the San Francisco Family Violence Council to establish an interagency domestic violence death review team pursuant to Penal Code Section 11163.3. (San Francisco Family Violence Council) File 98-1078, Ordinance No. (Adds Section 5.190-7.) Passed on first reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. ROLLCALLFORINTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Constance Kuruppo, Lawrence Livermore Lab; Male speaker, 860 Howard Street and 150 Fourth Street properties. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. ClosedSession ConferencewithCityAttorney-Litigation FromthePresident Consideration Continued [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with or receiving advice from the City Attorney regarding pending litigation as follows: (1)Janet C. Mangini v. R.J. Reynolds Tobacco Co., Case No. 939359; (2)People of the State of California v. Philip Morris, et al, Case No. 980864, as permitted by Government Code Section 54956.9(a). The Clerk stated that the City Attorney requested that this item be continued for one week. Supervisor Newsom, seconded By Supervisor Yaki, moved to continue consideration to August 10, 1998. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. 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. Adopted [State Grant] Resolution approving the application, acceptance and expenditure of a grant awarded by the California Department of Alcoholic Beverage Control to the Police Department. Sponsors Supervisors Newsom, Medina. File 98-1257, Resolution No. 645-98 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [Collaborative TeleCOMMUNICATION s Planning] Resolution declaring it the City and County’s policy to develop an advanced teleCOMMUNICATION s infrastructure by pursuing collaborative planning among all stakeholders. Sponsors Supervisors Katz, Newsom, Yaki, Medina. File 98-1258, Resolution No. 646-98 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Yaki, Medina requested to be added as co-sponsors. [Maintaining Confidentiality of Medical Records] Resolution recognizing the need to insure confidentiality of medical records in the digital age. Sponsors Supervisors Katz, Newsom, Brown, Medina. File 98-1259, Resolution No. 647-98 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Brown, Medina requested to be added as co-sponsors. [Sponsorship-Community Initiative Funds] Resolution authorizing the San Francisco Foundation Community Initiative Funds to serve as fiscal sponsorship for the Small Business Forum. Sponsors Supervisors Leno, Newsom, Katz, Medina. File 98-1260, Resolution No. 648-98 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. In connection with the above item, Supervisors Newsom, Katz, Medina requested to be added as co-sponsors. [Romanian Human Rights] Resolution urging the Romanian Government to abolish Article 200 of the Romanian Penal Code and imploring President Constantinescu to release prisoners convicted under Article 200. Sponsors Supervisors Leno, Yaki, Brown, Katz, Ammiano, Medina. File 98-1261, Resolution No. 649-98 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. In connection with the above item, Supervisors Yaki, Brown, Katz, Ammiano, Medina 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 98-1267, Motion No. M98-106 (July 27, 1998 - Introduced in Board for consideration on August 3, 1998.) Adopted. [Consolidation of BART Election 11/3/98] Resolution consolidating the Bay Area Rapid Transit District election to be held in the City and County on November 3, 1998 with the General Municipal and Special Election scheduled for the same date, and providing that the election precincts, voting places and officers for election shall be the same as for the General Municipal and Special Election. (Clerk of the Board) File 98-1249, Resolution No. 632-98 (July 24, 1998 - Referred to Board for consideration on August 3, 1998.) Adopted. [Public Hearing - Eminent Domain] Motion directing the Board of Supervisors to hold a public hearing on August 24, 1998 at 3:00 p.m., to consider adopting a resolution of necessity in connection with a proposal to acquire by eminent domain Lots 18, 35, 36, 37, 38, 68, 69 and 70 in Assessor’s Block 3724, commonly known as 860 Howard Street, 1 Holland Court, 325 Minna Street and 150 Fourth Street, in San Francisco for the Moscone Center Expansion Project. Sponsor Supervisor Kaufman. File 98-1277, Motion No. M98-105 (July 29, 1998 - Referred to Board for consideration on August 3, 1998.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leno, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Inscribing Tools] Ordinance amending Police Code by adding Section 4202 prohibiting the sale of scribing tools, window etchers and diamond cutters to minors and prohibiting the display of inscribing tools, window etchers or diamond cutters in an area accessible to the public without employee assistance. Supervisor Teng presented. Reactivated and referred to Housing and Neighborhood Services Committee. File 121-97-007. [Appropriation, Recreation and Park Department] Ordinance appropriating $1,000,000, Recreation and Park Department, of Culture and Recreation Special Fund Revenue balance for the dredging project - Marina Yacht Harbor, for fiscal year 1998-99. RO #98010. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 98-1291. [Cab Pooling Trial Program] Ordinance amending Police Code by adding Section 1147.9 to authorize the Chief of Police to establish a trial program for cab pooling. Supervisor Newsom presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1292. [Settlement, Stephens v. City and County] Ordinance authorizing settlement of litigation of Maria Stephens against the City and County of San Francisco for $600,000. Supervisor Ammiano presented. Referred to Rules Committee. File 98-1293. [Membership] Ordinance amending Administrative Code Sections 16.121-2, 16.121-4 and 16.121-5 to designate the City Administrator as the Chair of the Central Safety Committee and Coordinator of the Accident Prevention Program, in place of the Director of Administrative Services. Mayor Willie L. Brown, Jr. presented. Referred to Housing and Neighborhood Services Committee. File 98-1294. Referred to Board [Dolores Park and Mission Playground] Resolution urging the Police Department to recognize that a twelve hour daily presence within Dolores Park may result in movement of the criminal element to neighboring parks, such as Mission Playground, and asking the police to act accordingly to mitigate this potential problem. Supervisors Newsom, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1295. [Commendation] Resolution commending local merchants and the Chinese Chamber of Commerce’s victory in the Superior Court case of "Coalition for Healthy and Humane Business Practices v. Never Ending Quails, et al." allowing the sale of live animals for food to continue. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1296. [California Milk Regulations] Resolution urging the State to investigate California’s milk pricing regulations. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1297. Referred to Committee [Golden Gate Park Concourse Authority] Resolution authorizing the incorporation of the Golden Gate Park Concourse Authority pursuant to the Golden Gate Park Revitalization Act, approved by the voters on June 2, 1998; authorizing the set aside of certain real property to be under the Golden Gate Park Concourse Authority’s jurisdiction; and approving and ratifying certain actions in connection therewith. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1298. Referred to Board [Commendation] Resolution commending and honoring the San Francisco Youth Enrichment Task Force (Willie’s Kids) for its ten-year commitment to enriching the lives of San Francisco’s youth. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1299. [Proclaim Cancer Awareness Week] Resolution supporting Prostate Cancer Awareness Week, September 21-27, 1998, and commending the education and outreach efforts of the Department of Public Health, community activists and the American Cancer Society. Supervisors Bierman, Newsom, Leno presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1300. [Commend Washington Mutual] Resolution commending Washington Mutual for pledging $120 billion to minority and low income citizens. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1301. [Commendation] Resolution commending the Bayview Opera House Ruth Williams Memorial Theater for its work in revitalizing the Bayview-Hunters Point Community. Supervisors Leno, Brown, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar August 10, 1998. File 98-1302. [Mission Massage Parlor Interim Zoning Controls] Resolution imposing Interim Zoning Controls for a period of 18 months to establish the Mission Massage Establishment Interim Moratorium Special Use District in the area generally bounded by Guerrero Street, Fourteenth Street, Cesar Chavez Street, Potrero Avenue, San Jose Avenue and Highland Avenue which would prohibit new massage parlors unless associated with an institutional use pursuant to Section 218.1 of the Planning Code, as amended herein, and making determination of consistency with the priority policies of Planning Code Section 101.1. Supervisor Medina presented. Referred to Housing and Neighborhood Services Committee. File 98-1303. [Treasure Island Development Authority] Resolution extending the City’s program of self-insurance to the activities of the Treasure Island Development Authority. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1304. [Grant, Juvenile Justice System] Resolution authorizing the Mayor’s Criminal Justice Council to accept and expend funds in the amount of $274,409 from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) to support the implementation of the comprehensive effort to reform the juvenile justice system of the City and County. Mayor Willie L. Brown, Jr. presented. Referred to Health, Family and Environment Committee. File 98-1305. RequestsforHearings: [Mission Bay Development Sewage Treatment] Hearing to consider neighborhood concerns about odors and flooding associated with the Southeast Treatment Facility and to explore ways in which alternative technologies at the proposed Mission Bay Development and citywide can enhance sewage and stormwater treatment, reduce sewage overflows and reduce burdens on the Southeast Treatment Plant. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 98-1264. [Ballot Argument, Customer Service Initiative] Hearing to consider submitting ballot argument in favor of charter amendment concerning customer service. Supervisor Newsom presented. Referred to Rules Committee. File 98-1306. [Ballot Argument, Taxi Commission] Hearing to consider submitting ballot argument in favor of charter amendment concerning creation of taxi commission. Supervisor Newsom presented. Referred to Rules Committee. File 98-1307. [Ballot Argument, Fire Department Pension Benefits] Hearing to consider submitting ballot argument in favor of charter amendment concerning retirement benefits for uniformed members of the Fire Department who were previously paramedics. Supervisor Medina presented. Referred to Rules Committee. File 98-1308. [Ballot Argument, Police Retirement Benefits] Hearing to consider submitting ballot argument in favor of charter amendment concerning retirement benefits for police officers. Supervisor Kaufman presented. Referred to Rules Committee. File 98-1309. [Ballot Argument, Hotel Tax Continuation] Hearing to consider submitting ballot argument in favor of ordinance approving the continued imposition of a two percent hotel tax surcharge on the rent for occupancy of guest rooms in certain hotels for General Fund purposes. Supervisor Kaufman presented. Referred to Rules Committee. File 98-1310. [Ballot Argument, Stadium Operators Tax] Hearing to consider submitting ballot argument in favor of ordinance approving the continued imposition of the Stadium Operator Admission Tax and the Temporary Admission Tax on stadium admissions, authorizing the establishment of a supplemental stadium admission tax upon expiration of the temporary admission tax. Supervisor Leno presented. Referred to Rules Committee. File 98-1311. [Ballot Argument, Central Freeway] Hearing to consider submitting ballot arguments supporting or opposing ordinance on the November 3, 1998 ballot concerning the Central Freeway. Clerk of the Board. Referred to Rules Committee. File 98-1312. [Ballot Arguments] Hearing to consider submitting ballot arguments supporting or opposing ordinance on the November 3, 1998 ballot concerning owner move-in evictions. Clerk of the Board. Referred to Rules Committee. File 98-1313. [Ballot Arguments] Hearing to consider ballot measures which are received by the Director of Elections on August 3, 4 and 5 for placement on the November 3, 1998 ballot. Clerk of the Board. Referred to Rules Committee. File 98-1314. [Treatment on Demand Plan] Hearing to consider the status of the City’s treatment on demand plan. Supervisors Newsom, Bierman presented. Referred to Health, Family and Environment Committee. File 98-1315. [Treasure Island Project Status] Hearing to consider the status of projects and plans for Treasure Island. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1316. [Long-term Care for San Francisco’s Citizens] Hearing to consider the prospects of long-term care for citizens of San Francisco and to consider community based and institutional alternatives for such care. Supervisor Brown presented. Referred to Health, Family and Environment Committee. File 98-1317. [Bicyclist and Police interaction] Hearing to consider steps that can be developed to improve cyclist and police interactions. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 98-1318. [Pets on Airplanes] Hearing to consider the treatment of animals on commercial aircraft (handling methods, mortality rate, cost of animal transport). Supervisors Medina, Bierman presented. Referred to Health, Family and Environment Committee. File 000-98-1319. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 98-1250. [Board of Appeals] Ordinance amending Article 1, Part 111 of the Municipal Code by amending Section 16, to reduce the number of votes required to grant a rehearing from 4 to 3 when there is a vacant seat on the Board. (Board of Appeals) Referred to Rules Committee. File 98-1282. [Settlement of Grievance - MEA v. CCSF] Ordinance authorizing settlement of class grievance regarding medical reimbursement by the Municipal Executives Association against the City and County of San Francisco by the payment of an amount not to exceed a combined total of $350,000.00. (Department of Human Resources) Referred to Rules Committee. File 98-1283. [Stuart Beach v. CCSF, et al.] Ordinance authorizing settlement of the sexual discrimination lawsuit titled Stuart Beach v. City and County of San Francisco, et al, and grievance filed by Stuart Beach in an amount not to exceed $79,739.31. (Superior Court No. 994-565) (City Attorney) Referred to Rules Committee. File 98-1285. [Unlitigated Claim - National Park Service] Ordinance authorizing settlement of unlitigated claim of the United States Department of Interior, National Park Service against the City and County of San Francisco for a total settlement of $508,709; companion measure to File 98-1284. (Public Utilities Commission) Referred to Economic Development, Transportation/ Technology Committee. Resolutions Referred to Committee File 98-1246. [Gift Acceptance] Resolution authorizing the San Francisco Police Department to accept the gift of a cargo and vehicle tracking system valued at approximately $15,000. (Police) Referred to Rules Committee. File 98-1247. [Contract] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, to enter into a subcontract in the amount of $12,203 with the Northern California Cancer Center, the primary contractor, to participate in a project to improve pap smear follow-up in a high-risk underserved population and which includes indemnification, binding arbitration, and rights in data clauses and which does not include patent infringement indemnification and false claims clauses; retroactive to March 1, 1998; waiving indirect costs. (Department of Public Health) Referred to Health, Family and Environment Committee. File 98-1248. [Authorization to Indemnify] Resolution authorizing the City, acting through its Commission on Aging and Department of Public Health, to enter into an agreement indemnifying and holding harmless the Regents of the University of California. (Commission on the Aging) Referred to Health, Family and Environment Committee. File 98-1251. [Zoo General Obligation Bond Issuance] Resolution providing for the issuance of not to exceed $48,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Zoo Facilities Bonds, 1997), including the issuance of an initial series thereof in the aggregate principal amount of not to exceed $11,000,000 and designated as the City and County of San Francisco General Obligation Bonds (Zoo Facilities Bonds, 1997), Series 1998D; authorizing the execution, authentication and registration of said Bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of accounts related thereto; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds; companion measure to File 98-1952; (Also File 170-97-9). (Mayor) Referred to Finance Committee with request it be considered at the August 12, 1998 meeting. File 98-1252. [Zoo General Obligation Bond Sale] Resolution authorizing and directing the sale of not to exceed $11,000,000 City and County of San Francisco General Obligation Bonds (Zoo Facilities Bonds, 1997), Series 1998D; prescribing the form and terms of said Bonds; authorizing and execution, authentication and registration of said Bonds; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale of Bonds and notice of intention to sell Bonds; directing the publication of official notice of sale and notice of intention to sell Bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds; companion measure to File 98-1251. (Also see File 170-97-9). (Mayor) Referred to Finance Committee, with request it be considered at the August 12, 1998 meeting. File 98-1255. [Used Oil Recycling Grant] Resolution authorizing the City Administrator to accept and expend up to $514,897.00 in oil recycling grant funding from the California Integrated Waste Management Board; waiving indirect costs. (City Administrator) Referred to Health, Family and Environment Committee. File 98-1273. [Emergency Custody, Juvenile Ward of the Court] Resolution authorizing Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for emergency custody of a juvenile ward of the Court from the County of San Francisco; providing for ratification of actions previously taken. (Juvenile Probation Department) Referred to Health, Family and Environment Committee. File 98-1274. [Diagnostic Treatment Services, Juvenile Ward] Resolution authorizing the Chief Probation Officer of the Juvenile Probation Department to renew a contract with the California Youth Authority for diagnostic and treatment services and temporary detention not to exceed 90 days; providing for ratification of actions previously taken. (Juvenile Probation Department) Referred to Health, Family and Environment Committee. File 98-1275. [Grant - State] Resolution authorizing the Chief of Police of the City and County of San Francisco to accept and expend funds in the amount of Three Hundred Seventy Thousand-Eight Hundred Dollars ($370,800.00) for a project designated "Operation Revitalization-Ocean View/Merced Heights/Ingleside", and rescinding Resolution 1109-97. (Police) Referred to Housing and Neighborhood Svcs Committee. File 98-1276. [Grant - State Funds] Resolution rescinding Resolution No. 101-98 (File No. 98-0084) and retroactively authorizing the District Attorney of the City and County of San Francisco to apply for, accept and expend funds in the amount of $150,000 made available through the California Office of Criminal Justice Planning (OCJP) for the continued operation of the "Statutory Rape Vertical Prosecution Program" for the twelve month period from July 1, 1997 through June 30, 1998. (District Attorney) Referred to Housing and Neighborhood Svcs Committee. File 98-1278. [Eminent Domain - Moscone Center 111 Project] Resolution authorizing acquisition of Lots 18, 35, 36, 37, 38, and 69, commonly known as 860 Howard Street, Lot 68 together with the improvements thereon and commonly known as 1 Holland Court or 325 Minna Street, and Lot 70 together with the improvements thereon, commonly known as 150 Fourth Street, all in San Francisco Assessor’s Block 3724, by eminent domain for the Moscone Center Expansion Project (the "Project"), and to adopt findings pursuant to City Planning Code Section 101.1; companion measure to File 98-1277. Supervisor Kaufman presented. Scheduled for public hearing before Board on August 24, 1998, at 3:00 p.m. File 98-1279. [Prop J Contract, Intake/Shelter Services] Resolution concurring with the Controller’s certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Juvenile Probation Department) Referred to Finance Committee. File 98-1280. [Purchase of 345 Randolph Street Property] Resolution authorizing the purchase of at 345 Randolph Street (Assessor’s Parcel Number 7118/44) for the San Francisco Public Library’s Oceanview Branch Library; and adopting findings under the California Environmental Quality Act and findings pursuant to City Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee. File 98-1281. [Energy Conservation Grant] Resolution authorizing the General Manager of the Public Utilities Commission to apply for, accept and expend a grant of $70,000 from the U.S. Department of Energy and the Urban Consortium Energy Task Force; ratification of action previously taken. (Public Utilities Commission) Referred to Economic Development, Transportation and Technology Committee. File 98-1284. [Right-of-Way Permit, GGNRA Sewer Overflow Tunnel] Resolution authorizing the City and County of San Francisco, on behalf of the Public Utilities Commission, to execute a right-of-way permit to construct, operate and maintain a sewer overflow tunnel and associated facilities within the boundaries of the Golden Gate National Recreation Area, a unit of the National Park System, United States Department of Interior; companion measure to File 98-1285. (Public Utilities Commission) Referred to Economic Development, Transportation/Technology Committee. RequestsGranted 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 Public Works regarding the policy and procedures governing planting of trees in areas of the City which are designated as "neighborhood commercial districts"; such as, is permission required of merchants and business operators adjacent to the public space on which trees are planted; what impact or inconvenienced will merchants experience; is it more costly to plant trees in neighborhood commercial districts as opposed to neighborhood residential districts; if trees are not currently planted in neighborhood commercial districts, what is the feasibility of such plantings. The Supervisor would appreciate a response within 30 days. By Supervisor Leno, that letters be sent to the Mayor’s office of Economic Development and the Planning Department requesting report specifying the number and location of bank branches in the neighborhoods of the City and County in order to determine which areas are underserved by banks. By Supervisor Medina, that the City Attorney draft a bond measure for Laguna Honda Hospital to be considered for April 1999 special election. By Supervisor Medina, that the City Attorney draft a bond measure for Laguna Honda Hospital to be considered for June 1999 special election. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Thomas O’Connor (By the entire Board). Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:33 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on November 2, 1998. I, Gloria L. Young, 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. Gloria L. Young Clerk of the Board of Supervisors