Board of Supervisors Minutes: September 28, 1998

Agenda & Minutes Archive City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Monday, September 28, 1998 2:00 PM Legislative Chamber - Room 404 Regular Meeting Board of Supervisors BARBARA KAUFMAN, PRESIDENT TOM AMMIANO, SUE BIERMAN, AMOS BROWN, LESLIE KATZ, MARK LENO, JOSE MEDINA, GAVIN NEWSOM, MABEL TENG, MICHAEL YAKI, LELAND Y. YEE Members Present: Tom Ammiano, Amos Brown, Leslie Katz, Barbara Kaufman, Mark Leno, Jose Medina, Gavin Newsom, Mabel Teng, Michael Yaki, Leland Y. Yee. Members Excused: None. Members Absent: Sue Bierman. ROLL CALL AND PLEDGE OF ALLEGIANCE 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. The meeting was called to order at 2:00 p.m. On call of the roll, the following Supervisors were noted absent: Supervisor Bierman - 1. Quorum present. Supervisor Bierman excused. (See infra.) Supervisor Bierman Excused From Attendance Supervisor Teng, seconded by Supervisor Medina, moved to excuse Supervisor Bierman from the September 28, 1998 and October 5, 1998 meetings. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Privilege of the Floor Supervisor Ammiano, seconded by Supervisor Teng, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guest. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Introduction of Guest Supervisor Ammiano introduced, welcomed and present a Certificate of Honor to Hotel Nikko for providing domestic partner benefits to its employees and excellent services to weary travelers to San Francisco. Appointment of President Pro Tempore At the request of President Kaufman, Supervisor Yaki assumed the chair. CONSENT AGENDA Recommendations of the Finance Committee 981404 [Tax Rate Setting, CCSF, FY 1998-1999] Ordinance providing revenue and levying taxes for City and County purposes for the fiscal year ending June 30, 1999. (Controller) Ordinance No. 303-98 FINALLY PASSED 981405 [Tax Rate Setting, SFUSD, FY 1998-1999] Ordinance providing revenue and levying taxes for San Francisco Unified School District purposes for the fiscal year ending June 30, 1999. (Controller) (Fiscal Impact.) Ordinance No. 304-98 FINALLY PASSED 981406 [Tax Rate Setting, SF Community College, FY 1998-1999] Ordinance providing revenue and levying taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 1999. (Controller) (Fiscal impact.) Ordinance No. 305-98 FINALLY PASSED 981407 [Appropriation, Art Commission] Ordinance amending the Annual Appropriation Ordinance for fiscal year 1998-1999, File Number 98-0850, Ordinance Number 242-98, to meet the requirements of the Art Commission pursuant to Charter Section 16.106. RO #98017. (Controller) (Fiscal impact.) Ordinance No. 306-98 FINALLY PASSED 981424 [Equipment Lease, Series 1998A Bonds] Ordinance approving the form of and authorizing execution and delivery by the City and County of San Francisco of an amended and restated Equipment Lease and an Equipment Lease Supplement No. 7 each between the City and County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco as lessee, with respect to equipment to be used for City purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of Lease Revenue Bonds by said nonprofit corporation in an amount not to exceed $11,500,000; providing for reimbursement to the City of certain City expenditures incurred prior to the issuance of Lease Revenue Bonds; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. (Mayor) Ordinance No. 307-98 FINALLY PASSED 981482 [Appropriation, Sheriff Department] Ordinance appropriating $240,272, Sheriff Department, of Public Protection Revenue Special Fund for the purchase of computer hardware software and a fax machine, for fiscal year 1998-1999. (Controller) (Fiscal Impact.) Ordinance No. 318-98 PASSED ON FIRST READING 981483 [Appropriation, Department of Public Works] Ordinance appropriating $2,887,609, Department of Public Works, of Realty Trust Funds to reimburse the San Francisco County Transportation Authority for funds used to purchase the Rincon Park portion of the Marine Terminals Corporation parcel, and for the construction of the Mid-Embarcadero surface roadway, and for street improvement projects, for fiscal year 1998-1999. (Controller) (Fiscal Impact.) Ordinance No. 319-98 PASSED ON FIRST READING 981419 [Lease of Property, San Francisco General Hospital] Resolution authorizing the expansion and extension of an existing lease of real property at San Francisco General Hospital with the University of California Regents. (Real Estate Department) Resolution No. 778-98 ADOPTED 981423 [Airport Lease Agreement, Federal Aviation Administration] Resolution approving lease agreement for Low Level Windshear Alert System between the United States of America and the City and County of San Francisco, acting by and through its Airport Commission; effective retroactive to July 1, 1998. (Airport Commission) Resolution No. 780-98 ADOPTED 981461 [Prop J Contract, Janitorial Services] Resolution concurring with the Controller's certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) Resolution No. 781-98 ADOPTED 981462 [Prop J Contract, Security Services] Resolution concurring with the Controller's certification that security services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) Resolution No. 782-98 ADOPTED 981476 [Prop. J Contract, Paratransit Services] Resolution concurring with the Controller's certification that paratransit services for the Public Transportation Commission can be practically performed by a private contractor at a lower cost than by City and County employees. (Public Transportation Commission) Resolution No. 788-98 ADOPTED Recommendations of the Economic Development, Transportation, and Technology Committee 981334 [Landmark, Carmel Fallon Building] Supervisors Katz, Leno, Ammiano, Bierman, Yaki, Newsom, Kaufman Ordinance designating 1800 Market Street, The Carmel Fallon Building, as Landmark No. 223 pursuant to Article 10 of the Planning Code. (Approved by Planning Commission Resolution No. 14658) Ordinance No. 302-98 FINALLY PASSED 980702 [Moderate-Scale Neighborhood Commercial District] Supervisors Katz, Leno, Ammiano, Bierman, Kaufman, Yaki, Newsom Ordinance amending Planning Code by adding a special provision to Section 712.38 and amending the associated chart set forth in Section 712 to authorize the change in occupancy of a vacant residential use to an other institution, large, use operated by a non-profit corporation on the third floor and above of buildings in the moderate-scale neighborhood commercial district as a conditional use under certain specified circumstances; adopting findings pursuant to Section 101.1. (Approved by Planning Commission Resolution No. 14659. General Rule exclusion from environmental review. Companion measure to File 981334.) Ordinance No. 299-98 FINALLY PASSED 981412 [Museums] Ordinance amending Administrative Code by amending Chapter 28, Article 1, to provide that the Asian Art Museum and the San Francisco Airport museums may sell, exchange or transfer works of art or other articles under certain circumstances. (Airport Commission) (Amends Chapter 28, Article 1.) Ordinance No. 291-98 FINALLY PASSED 981485 [General Plan Amendment, South of Market Area Plan] Ordinance approving amendments to the South of Market Area Plan of the General Plan of the City and County of San Francisco; adopting findings pursuant to Planning Code Section 101.1. (City Attorney) (Approved by Planning Commission Resolution No. 14683. Companion measure to Files 981203, 981484.) Ordinance No. 298-98 FINALLY PASSED 981203 [Zoning Map Amendment-Brannan Street/Fourth Street] Supervisor Katz Ordinance amending the Zoning Map of the City and County of San Francisco for property within a portion of Assessor's Block 3787, which block is bounded by Fourth Street, Brannan Street, Third Street, and Townsend Street, to change the height and bulk district classification from a 50-X to a 65-X Height and Bulk District, and adopting findings pursuant to Planning Code Section 101.1. (Approved by Planning Commission Resolution No. 14684. Companion measure to Files 981484, 981485.) Ordinance No. 297-98 FINALLY PASSED 981039 [Paratransit] Supervisor Newsom Ordinance amending Police Code by adding Section 1147.8, requiring all taxicab color schemes to participate in the City's Paratransit Program. (Add Section 1147.8.) Ordinance No. 301-98 FINALLY PASSED Recommendations of the Housing and Neighborhood Services Committee 981230 [Traffic Regulations, Telegraph Hill Boulevard] Resolution establishing a mid-block crossing at the following location: Telegraph Hill Boulevard, at east end of Kearny Street steps, stopping Telegraph Hill Boulevard at mid-block crosswalk. (Department of Parking and Traffic) Resolution No. 770-98 ADOPTED 981231 [Stop Regulations, Telegraph Hill Boulevard] Resolution designating the following as mid-block "STOP" location: Telegraph Hill Boulevard, at east end of Kearny Steps, crossing Telegraph Hill Boulevard. (Department of Parking and Traffic) Resolution No. 771-98 ADOPTED 981331 [Grant - Federal] Resolution authorizing the San Francisco Trial Courts (Juvenile Unit) to retroactively apply for, accept and expend grant funding in the amount of $400,000 from the Office of Justice Programs to underwrite the cost of the San Francisco Drug Court Program Implementation for the period September 1, 1998 to June 30, 2000. Resolution No. 775-98 ADOPTED 981416 [Grant, Major Narcotic Vendors Prosecution Program] Resolution authorizing retroactively the District Attorney of the City and County of San Francisco to apply for, accept, and expend funds made available through the Office of Criminal Justice Planning for a project entitled "San Francisco District Attorney's Office Major Narcotic Vendors Prosecution Program", and waiving indirect costs due to funding constraints. (District Attorney) Resolution No. 777-98 ADOPTED 981463 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections: STOP SIGNS-ESTABLISH 15th and Harrison Streets, northwest and southeast corners, stopping Harrison Street (makes this an all-way Stop) 23rd Avenue and Judah Street, northeast and southwest corners, stopping Judah Street (makes this an all-way Stop) 30th and Taraval Streets, northeast and southwest corners, stopping Taraval Street (makes this an all-way Stop) Arleta and Alpha Streets, northeast and southwest corners, stopping Arleta Street (makes this an all-way Stop) Clay and Maples Streets, northeast and southwest corners, stopping Clay Street (makes this an all-way Stop) Haight and Pierce Streets, northeast and southwest corners, stopping Haight Street (makes this an all-way Stop) Maple and Sacramento Streets, northeast and southwest corners, stopping Sacramento Street (makes this an all-way Stop) (Department of Parking and Traffic) Resolution No. 783-98 ADOPTED 981464 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations: DIAGONAL (45-DEGREE ANGLE) PARKING - ESTABLISH Portola Drive east frontage road, both sies, between O'Shaughnessy Boulevard and Fowler Avenue Perpendicular (90-Degree Angles) Parking - Establish Portola Drive East frontage road, both sides, between Fowler Avenue and Evelyn Way 15h Street, north side, between Harrison Street and Treat Avenue NO PARKING ANYTIME-RESCIND TOW-AWAY, NO PARKING ANYTIME-ESTABLISH Rhode Island Street, west side, from 16th Street to 80 feet southerly (80-foot zone) Rhode Island Street, west side, from 160 feet to 230 feet south of 16th Street (70-foot zone) Residential Permit Parking Area "S" (2-Hour Time Limit, 8 A.M. - 9 P.M. Monday through Friday) - Establish Museum Way, south side, from Roosevelt Way to south terminus (unit block) Oak Street, both sides, between Webster and Buchanan Streets (500 block) RESIDENTIAL PERMIT PARKING AREA "W" (1-HOUR TIME LIMIT, 8 A.M. - 6 P.M. MONDAY THROUGH FRIDAY) - ESTABLISH 23rd Street, both sides, between Potrero Avenue and Hampshire Street (eastern portion of 2700 block, #2700 through #2749) NOTE: Residential permit parking signs shall not be installed on this portion of 23rd Street) TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Brant Alley, both sides, from Greenwich Street to the south/east terminus Campton Place, north side, from 88 feet to 100 feet east of Stockton Street (12-foot zone) (Department of Parking and Traffic) Resolution No. 784-98 ADOPTED 981465 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: BICYCLE LANES - ESTABLISH 6th Avenue, west side (southbound only), between Hugo and Kirkham Streets Stockton Tunnel, east side (northbound only), between Sacramento and Sutter Streets PART-TIME BICYCLE LANE, 7 A.M. - 6 P.M., MONDAY THROUGH FRIDAY, AND 9 A.M. - 6 P.M., SATURDAY AND SUNDAY - ESTABLISH Cesar Chavez Street, south side (eastbound), between York and Hampshire Streets Tow-Away, No Stopping, 7 A.M. - 6 P.M., Monday through Friday, and 9 A.M. - 6 P.M., Saturday and Sunday - Establish Cesar Chavez Street, south side, between York and Hampshire Streets ONE-WAY STREET - ESTABLISH Portola Drive east frontage road, northbound, between O'Shaughnessy Boulevard and Fowler Avenue TOW-AWAY, NO STOPPING, 3 P.M., - 6 P.M., MONDAY THROUGH FRIDAY - RESCIND TOW-AWAY, NO STOPPING, 3 P.M., - 7 P.M., MONDAY THROUGH FRIDAY - ESTABLISH California Street, north side, between Sansome and Montgomery Streets (changes in effective hours only) Kearny Street, east side, between California and Clay Streets (change in effective hours only) TOW-AWAY, NO STOPPING, 7 A.M. - 6 P.M., MONDAY THROUGH FRIDAY - RESCIND TOW-AWAY, NO STOPPING, 7 A.M. - 7 P.M., MONDAY THROUGH FRIDAY - ESTABLISH Kearny Street, east side, from Post Street to a point 103 feet south of California Street (change in effective hours only) TOW-AWAY, NO STOPPING, 7 A.M. - 6 P.M., MONDAY THROUGH FRIDAY - RESCIND Pine Street, south side, between front and Montgomery Streets TOW-AWAY, NO STOPPING, 7 A.M. - 7 P.M., MONDAY THROUGH FRIDAY - ESTABLISH Pine Street, south side, from Montgomery Street to 160 feet easterly (160-foot zone) TOW-AWAY, NO STOPPING 3 P.M. - 7 P.M., MONDAY THROUGH FRIDAY - ESTABLISH Pine Street, south side, from Front Street to a point 160 feet east of Montgomery Street (Department of Parking and Traffic) Resolution No. 785-98 ADOPTED Recommendations of the Rules Committee 981408 [Jeremiah S. Levy, v. CCSF] Ordinance authorizing settlement of litigation of Jeremiah S. Levy against the City and County of San Francisco by payment of $135,000. (City Attorney) (Superior Court No. 989-825.) Ordinance No. 312-98 PASSED, ON FIRST READING 981409 [Crispina Luppino, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Crispina Luppino against the City and County of San Francisco by payment of $40,000. (City Attorney) (Superior Court No. 983-774.) Ordinance No. 313-98 PASSED, ON FIRST READING 981410 [Nancy Nau-Olson v. CCSF] Ordinance authorizing settlement of litigation of Nancy Nau-Olson against the City and County of San Francisco by payment of $35,000. (City Attorney) (Superior Court No. 988-257.) Ordinance No. 314-98 PASSED, ON FIRST READING 981411 [Cynthia Lewis, et al., v. CCSF, et al.] Ordinance authorizing settlement of litigation of Cynthia Lewis against the City and County of San Francisco by payment of $70,000. (City Attorney) (Superior Court No. 984-918.) Ordinance No. 315-98 PASSED, ON FIRST READING 981470 [Yee v. CCSF, and Consolidated Actions] Ordinance authorizing the City to release, discharge, defend and indemnify cross-defendants A. Ruiz Construction company ("Ruiz"), Haley and Aldrich ("Haley"), EPC Consultants, Inc. ("EPC"), and Underground Construction Managers ("UNDERGROUND"), as consideration for the approved $7,816,666 settlement payment to the City in the consolidated actions entitled Yee v. City and County of San Francisco and Consolidated actions. (City Attorney) (Companion measure to File 981237; Superior Court No. 980-740.) Ordinance No. 316-98 PASSED, ON FIRST READING 981474 [Hankston, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of William C. Hankston, Sr., et al. against the City and County of San Francisco by payment of $110,000. (City Attorney) (U.S. District Court No. C96-2330.) Ordinance No. 317-98 PASSED, ON FIRST READING 981023 [Appointments] Resolution appointing member to the Shopping Cart Task Force. (Rules Committee) (Appointing Edward Evans, Seat 5, must represent Senior Disabled Community), term to expire October 28, 1998.) Resolution No. 767-98 ADOPTED 981024 [Appointment] Resolution appointing members to the Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth Task Force. (Rules Committee) (Appointing Michelle Tactay, Seat No. 12; Michael Johnson, Seat No. 13; Gigi Otalvaro-Hormillosa, Seat No. 14; for new one year terms ending June 30, 1999.) Resolution No. 768-98 ADOPTED 981076 [Appointments] Resolution appointing members to the Sunshine Ordinance Task Force. (Rules Committee) (Appointment of Angela Armstrong to succeed Amelia-Ashley-Ward, Seat No. 9, must be member of public experience in consumer advocacy, unexpired portion of a two-year term ending April 27, 2000; Appointment of Hilda Berstein to succeed Timothy Taylor, Seat No. 13, must be member of public with interest/experience in local government, unexpired portion of a two-year term ending Aprel 27, 2000.) Resolution No. 769-98 ADOPTED 981246 [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 Commission) Resolution No. 772-98 ADOPTED 981421 [Tolling Agreement with Irrigation Districts] Resolution approving tolling agreement with Modesto and Turlock Irrigation Districts. (City Attorney) Resolution No. 779-98 ADOPTED 981468 [Appointments] Resolution appointing members to the Bicycle Advisory Committee. (Rules Committee) (Appointing Daniel Seltzer to succeed Erika Bischoff, Seat No. 4, must represent bicycle organization, unexpired portion of a three-year term ending December 31, 1999; Larry Arndt to succeed Dylan Retler, Seat No. 10, must be a bicyclist at large, resigned, unexpired portion of a three-year term ending December 31, 1998.) Resolution No. 786-98 ADOPTED 981611 [Settlement of Grievance] Resolution auhorizing settlement of the grievance of Andrew Stelman filed pursuant to the Memoranda of Understanding between the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO, and the City and County of San Francisco in the amount of $35,000. (Department of Human Resources) Resolution No. 763-98 ADOPTED 981487 [Appointments] Resolution appointing member to the Lead Poisoning Prevention Citizens Advisory Committee. (Rules Committee) (Appointing Sandra Cattillo to succeed Memo Tabuso, Seat No. 3, must represent a tenant organization, unexpired portion of four-year term ending August 20, 1999.) Resolution No. 789-98 ADOPTED 981587 [Appointment] Resolution appointing member to the Advisory Council to the Commission on the Aging. (Clerk of the Board) (Appointment of Lincoln Yee to succeed Lena Leong, Seat 5, must be nominee of Supervisor Yee, new two year term ending March 31, 2000. See File 980420 for remaining seats.) Resolution No. 801-98 ADOPTED 981588 [Appointment] Resolution appointing members to the Lead Poisoning Prevention Citizens Advisory Committee; and making findings waiving residency requirement. (Rules Committee) (Appointment of Maggie Davis-Badger to succeed Maggie LaRue (Seat 7-must represent Mayor's Office of Housing and child care, new four year term ending August 20, 2001; James Threat to succeed himself (Seat 8-must represent Recreation and Park Department), new four year term ending August 20, 2001.) Resolution No. 802-98 ADOPTED 981589 [Appointment] Resolution appointing members to the Lead Poisoning Prevention Citizens Advisory Committee. (Rules Committee) (Appointing Karen Ho to succeed Lynn Barbaree, Seat No. 1, must have expertise in child care, unexpired portion of term ending August 20, 1999.) Resolution No. 803-98 ADOPTED 981590 [Appointment] Resolution appointing members to the Mental Health Board. (Toye Moses, Ph.D, MPH, succeeding himself, Seat No. 15, must be health professional; Brian Peagler, succeeding Lois A. Jones, Seat No. 14, must be family member.) (Rules Committee) Resolution No. 804-98 ADOPTED 981591 [Appointment] Resolution nominating member to the Citizens Advisory Committee on Elections for appointment by the Mayor. (Rules Committee) (Appointing Ollie Bryant, Jr. to succeed Peter Nardoza, Seat No. 1, new four year term ending May 15, 2002.) Resolution No. 805-98 ADOPTED 981592 [Appointment] Resolution appointing members to the City-Wide Alcoholism Advisory Board. (Rules Committee) (Appointment of George Velasquez to succeed Damun Gracenin, PhD., Seat No. 9, must have professional research or personal interest in alcoholism, new two year term ending July 1, 2001; Stuart Smith, succeeding Marilyn Schrick, Seat No. 8, must have professional research or personal interest in alcoholism, new two year term ending July 1, 2001.) Resolution No. 806-98 ADOPTED 981593 [Appointment] Resolution appointing member to the Park and Open Space Advisory Committee. (Rules Committee) (Appointing Michelle Stratton to succeed Nan McGuire, Seat No. 12, must be nominee of Supervisor Yaki, new two-year term ending July 15, 2000. Resolution No. 807-98 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 2 - Bierman, Kaufman The President resumed the chair. REGULAR AGENDA UNFINISHED BUSINESS Recommendations of Economic Development, Transportation and Technology Committee 980612 [MBE/WBE/LBE Utilization Ordinance - IV] Supervisors Brown, Katz, Teng, Medina, Bierman Ordinance amending Administrative Code by adding Sections 12D.A.1 through 12.D.A.21 to establish a new MBE/WBE/LBE ordinance (1) to remedy identified discrimination against certain prime contractor MBE/ WBES in the City's procurement process and to eliminate the competitive disadvantage prime contractor LBES labor under in the City's procurement process and (2) to require city contracting departments to implement MBE/WBE program mandating prime contractors to use good faith efforts to use MBE/WBES when there are subcontracting opportunities in public works and professional service contracts. Supervisor Brown moved to amend page 40, lines 13 and 14, starting at "(3)" to read: "(3) a 10-percent (10%) discount to (i) a local MBE or local WBE or (ii) a joint venture between or among local MBEs and/or local WBEs" Ordinance No. 296-98 Supervisor Brown, seconded by Supervisor Teng, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 980804 [Skate Transit Pilot Program] Supervisors Ammiano, Bierman, Yee Ordinance amending Traffic Code Section 100 to revise provisions regulating the use of roller skates and by adding Sections 100.1 to 100.6, inclusive, to regulate the use of roller skates and in-line skates on certain roadways and sidewalks; providing for sunset provision (expires December 31, 1999). (Amend Section 100; Add Sections 100.1 to 100.6 inclusive.) Ordinance No. 300-98 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Noes: 1 - Kaufman Absent: 1 - Bierman NEW BUSINESS Recommendations of the Finance Committee 980140 [Appropriation, Department of Public Health] Supervisors Teng, Newsom Ordinance appropriating $1,500,000, Department of Public Health-Community Health Service, from Community Health Service Tobacco Settlement Revenue, to fund for health education, promotion and enforcement programs to discourage smoking among minors, and for the creation of 2.1 new positions for fiscal year 1998-1999; placing $553,405 on reserve. (Controller) (Fiscal impact; Companion measure to File 980141.) Ordinance No. 308-98 PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 980141 [Annual Salary Ordinance, Dept. of Public Health] Supervisors Teng, Newsom Ordinance amending Annual Salary Ordinance No. 243-98 (Annual Salary Ordinance, 1998-1999), Department of Public Health-Community Health Service, reflecting the creation of 2.1 new positions (Class 2822 Health Educator and Class 1426 Senior Clerk Typist); companion measure to File 980140. (Department of Human Resources) Ordinance No. 309-98 PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 981176 [Settlement of Grievance, Fariba Mahmoudi] Ordinance authorizing settlement of the pay grievance of Fariba Mahmoudi filed pursuant to the Memorandum of Understanding between the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO, and the City and County of San Francisco in the amount of Fifteen Thousand Seven Hundred Forty-Eight Dollars and Sixty-Six Cents ($15,748.66). (Department of Human Resources) Ordinance No. 310-98 PASSED ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the chair. 981472 [Real Estate Purchase and Renovation] Supervisors Teng, Newsom Resolution authorizing the purchase of real property at 301 Eddy Street (Assessor's Block 338, Lot 23) for the San Francisco Police Department and adopting findings under the Caliornia Environmental Quality Act and findings pursuant to Planning Code Section 101.1. (Police Commission) Resolution No. 787-98 ADOPTED by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 2 - Bierman, Kaufman 981541 [Tax Rate Pass Through] Resolution establishing tax rate pass through amount for residential tenants pursuant to Chapter 37 of the San Francisco Administrative Code (Residential Rent Stabilization). (Controller) Resolution No. 790-98 ADOPTED by the following vote: Ayes: 8 - Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 2 - Bierman, Kaufman Recommendations of the Housing and Neighborhood Services Committee 981253 [Liquor License Transfer, 2111-15 Hayes Street] Resolution determining that the transfer of a Type 21, off-sale beer and wine alcoholic beverage control license from 1201 Taraval to Diane Dasovic located at 2111-15 Hayes 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; with conditions. Resolution No. 773-98 ADOPTED by the following vote: Ayes: 8 - Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 2 - Bierman, Kaufman 981330 [Liquor License, 507 Howard Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine alcoholic beverage control license to Josh Dickman for GourmetMarket.com, located at 507 Howard 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; with a condition. Resolution No. 774-98 ADOPTED by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 2 - Bierman, Kaufman 981401 [Liquor License, 710 Polk Street] Resolution determining that the issuance of a Type 40, on-sale beer alcohlic beverage license to Ty Thi Luu-Nguyen, dba VY-VY Sandwich/Deli Shop, located at 710 Polk 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. Resolution No. 776-98 ADOPTED by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 2 - Bierman, Kaufman Recommendations of the Rules Committee 981380 [Annual Report] Supervisor Kaufman Ordinance amending Administrative Code by adding Section 1.56 implementing Charter Section 4.103 by requiring every board or commission to prepare an annual report as part of its annual statement of purpose under Charter Section 4.102(2). Ordinance No. 311-98 PASSED ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Brown, Katz, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 2 - Bierman, Kaufman SPECIAL ORDER 3:00 P.M. The President resumed the chair. 981325 [Appeal, 720-50 York and 2800 20th Streets] Hearing of persons interested in or objecting to the decision of the Public Works Director, by its letter dated July 24, 1998, approving Tentative Subdivision Map to legalize the construction of a 54-unit new condominium units (35 Live/Work and 19 Commercial) for Lot 4 in Assessor's Block 4080, at 720-50 York and 2800 20th Streets. (Appeal filed September 10, 1998; see Files 981327, 981328, 981329.) The following persons were sworn in and granted privilege of the floor: Appellants: Lillian Sizemore; Judy West; male speaker; Jaime Ross; William Pattengill; Ken Holley; Vincent Avalos; Jonathan Youtt; Susan Lind Chastain; Penny Wallace; Gabriel Sider; Bill Lingle; Lynn Gordan; Peter Sutherland; Catherine; Christine; Lourdes Portillo; Kate; Philip Kragner; Gisele Paris; Joan Holden; James Cochran; John; John Goldman. Respondents: Representative, Department of Public Works; Nancy Locker; Robert mcCarthy; Dan Kingsley; Bob Planthold; Gerry Markert; Stan Smith; Randy Hershkowitz. A rebuttal period was allowed. HEARD AT PUBLIC HEARING. 981327 [Appeal, 720-50 York and 2800 20th Streets] Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map to legalize the construction of a 54-unit new condominium units in Assessor's Block 4080, Lot 4, of property located at 720-50 York and 2800 20th Streets. (Clerk of the Board) (See Files 98-1325, 98-1328, 98-1329.) Motion No. M98-124 Supervisor Yaki, seconded by Supervisor Brown, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee Noes: 2 - Ammiano, Leno Absent: 1 - Bierman 981328 [Appeal, 720-50 York and 2800 20th Streets] Motion disapproving decision of the Director of Public Works approving Tentative Subdivision Map to legalize the construction of a 54-unit condominium units in Assessor's Block 4080, Lot 4, of property located at 720-50 York and 2800 20th Streets. (Clerk of the Board) (See Files 981325, 981327, 981329.) Supervisor Yaki, seconded by Supervisor Teng, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 981329 [Findings - 720-20 York and 2800 20th Streets] Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map to legalize the construction of a 54-unit new condominium units in Assessor's Block 4080, Lot 4, of property located at 720-50 York and 2800 20th Streets, for consideration by the Board at its next meeting. (Clerk of the Board) (See Files 98-1325, 981327, 98-1328.) Motion No. M98-125 APPROVED by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman From Department of Public Health 981586 [Public Hearing] Hearing of persons interested in or objecting to report submitted by the Director of Public Health of delinquent reinspection fee cost, as modified to date of adoption of this resolution, and creating special assessments and liens based thereon. (September 14, 1998 - The Department of Public Health held a pre-hearing on this matter and no persons appeared on this date.) Speaker: Rolando Madiclum. HEARD AT PUBLIC HEARING. 981417 [Reinspection Fee Liens] Resolution confirming report of delinquent reinspection fee cost submitted by the Director of Public Health, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. (Department of Public Health) Supervisor Newsom requested the property at 1412 Quesada Avenue be divided and considered separately; see File 98-1615. Resolution No. 766-98 DIVIDED. ADOPTED AS DIVIDED by the following vote: Ayes: 8 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yee Absent: 3 - Bierman, Teng, Yaki 981615 [Reinspection Fee Lien] Resolution confirming report of delinquent reinspection fee cost submitted by the Director of Public Health on property located at 1412 Quesada Avenue, and creating special assessments and liens based thereon. (Department of Public Health) Supervisor Brown requested this matter be continued to October 5, 1998. Supervisor Brown, seconded by Supervisor Medina, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 8 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yee Absent: 3 - Bierman, Teng, Yaki PUBLIC COMMENT Julie Lynch, Clement Street rat infestation; Bob Planthold, sidewalk safety and access; Mark Brian, Kennedy Drive and Kezar Stadium intersection safety issue, Stonestown lack of traffic signalization, streetcars; Eula Walters, oppose building on Ferry Park, Washington/Clay Streets; Carlos Mendez, revitalization of 24th Street and trees. 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. 981566 [Bicycle Legislation, Extend Review Time] Supervisors Katz, Brown, Teng Resolution extending the prescribed time within which the Planning Commission may render its decision on the proposed Bicycle Transit Enhancement Plan ordinance, for an additional 45 day period ending on November 13, 1998. Supervisors Brown, Teng requested to be added as co-sponsors. Resolution No. 791-98 ADOPTED 981567 [Teachers at Walden House] Supervisors Katz, Bierman, Brown, Ammiano, Teng, Leno Resolution urging the San Francisco Unified School District to provide teachers for the Young Women's Program and the Young Men's Program at the Walden House. Supervisors Bierman, Brown, Ammiano, Teng, Leno requested to be added as co-sponsors. Resolution No. 792-98 ADOPTED 981568 [Oppose California Defense of Marriage Act] Supervisors Leno, Katz, Ammiano, Brown, Bierman, Newsom, Yee, Teng, Kaufman Resolution denouncing the submission of petitions to place California Defense of Marriage Act on the ballot as a state-wide initiative. Resolution No. 793-98 ADOPTED 981569 [Crane Operator Certification] Supervisors Leno, Katz, Bierman, Brown, Ammiano Resolution urging the California State Legislature to require the certification of operators of cranes and other hoisting equipment. Supervisors Bierman, Brown, Ammiano requested to be added as co-sponsors. Resolution No. 794-98 ADOPTED 981573 [Internet Access of Boards/Commission Agendas] Supervisors Newsom, Bierman, Ammiano, Katz, Leno Resolution urging the Information Services Division of the Controller's Office and Webmasters for each individual department to list the agendas and calendars of every commission meeting for every City department in a readily available space on the Internet Supervisors Bierman, Ammiano, Katz, Leno requested to be added as co-sponsors. Resolution No. 797-98 ADOPTED 981576 [Commend Dr. Arthur H. Coleman] Supervisors Brown, Kaufman, Bierman, Ammiano, Katz, Teng Resolution commending Arthur H. Coleman for 50 years of distinguished services to the City and County of San Francisco. Supervisors Kaufman, Bierman, Ammiano, Katz, Teng requested to be added as co-sponsors. Resolution No. 798-98 ADOPTED 981577 [Commend Canada's Department of National Defense] Supervisors Leno, Katz, Ammiano, Bierman Resolution commending Canada's Department of National Defense for its inclusive military policy regarding transgender soldiers. Supervisor Bierman requested to be added as co-sponsor. Resolution No. 799-98 ADOPTED 981578 [Tenderloin Adopt-A-Street Week] Supervisors Yee, Bierman, Ammiano, Katz Resolution commending the Tenderloin Community and the Department of Public Works, Public Health, Human Services for joining together to execute the Tenderloin Adopt-A-Street Program, and proclaiming the week of September 21, 1998 "Tenderloin Adopt-A-Street Week". Supervisors Bierman, Ammiano, Katz requested to be added as co-sponsors. Resolution No. 800-98 ADOPTED 981601 [Commend Gay Men's Chorus] Supervisors Brown, Kaufman, Bierman, Ammiano, Katz, Newsom, Teng, Leno Resolution commending the San Francisco Gay Men's Chorus as it celebrates its Twentieth Anniversary of outstanding contributions to the world of choral music. Supervisors Kaufman, Bierman, Ammiano, Katz, Newsom, Teng, Leno requested to be added as co-sponsors. Resolution No. 808-98 ADOPTED 981584 [Merging Parking/Traffic with Public Transportation] Supervisors Newsom, Ammiano Motion asking our Policy Analyst to research merging the Parking and Traffic Commission with the Public Transportation Commission. Supervisor Ammiano requested to be added as co-sponsor. Motion No. M98-127 APPROVED 981585 [Needle Exchange Emergency] Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee, Leno Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Motion No. M98-128 APPROVED 981554 [Final Map, 1114-1120 Folsom Street] Motion approving final map of 1114-1120 Folsom Street, a Live/Work Condominium Project, being a merger and resubdivision of Lots 106 and 13 in Assessor's Block No. 3730, and adopting findings pursuant to the Planning Code Section 101.1. DPW Order No. 171,240. (Department of Public Works) Motion No. M98-126 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Severed from For Adoption Without Committee Reference Agenda 981570 [Split of 415 Area Code Within San Francisco] Supervisors Leno, Yaki, Yee, Bierman, Ammiano, Katz, Brown, Newsom, Teng Resolution urging the California Public Utilities Commission to institute a telephone area code overlay for the benefit of San Francisco Small Businesses. At the request of Supervisor Leno this matter was severed and requested it be continued to October 5, 1998. Supervisors Bierman, Ammiano, Katz, Brown, Newsom, Teng requested to be added as co-sponsors. Resolution No. 994-98 Supervisor Leno, seconded by Supervisor Teng, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 981571 [Ocean Beach Safety Efforts] Supervisor Newsom Resolution urging the Golden Gate National Recreation Area to take safety measures, including creating a lifeguard station, to prevent water accidents and fatalities at Ocean Beach. At the request of Supervisor Newsom this item was severed for the purpose of moving an amendment on page two, lines 9 and 10 by replacing the language with the following: "Request an appropriation specific to Ocean Beach to provide regular beach patrols to address this ongoing hazard."' Amended on page two, lines 11 and 12 by replacing the language with the following: "Acquire a water rescue vehicle to be stationed at Ocean Beach, and install a launching platform to facilitate emergency water rescues."; Amended on page three, line 9, by adding the following: "and, be it FURTHER RESOLVED, That his Honor, the Mayor, is requested to transmit a copy of this resolution to the members of San Francisco's Congressional Delegation with a request they take all action necessary to carry out the intent of this resolution." Resolution No. 795-98 Supervisor Newsom, seconded by Supervisor Teng, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Supervisors Bierman, Ammiano, Katz, Brown, Teng requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Yee, Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki Absent: 1 - Bierman 981572 [S 0128, Quincy Library Logging Bill] Supervisor Newsom Resolution opposing S 1028, the Quincy Library Logging Bill, and asking that a copy of this resolution be sent to our federal representatives in the U.S. Senate. At the request of Supervisor Newsom this item was severed for the purpose of moving an amendment on page two, line 1, after 'logging" by replacing "of" with "in"; amended on page two, line 2, after "including" by replacing "many" with "some". Resolution No. 796-98 Supervisor Newsom, seconded by Supervisor Teng, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman Supervisors Bierman, Ammiano, Katz, requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Teng, Yaki, Yee Absent: 1 - Bierman 981574 [Internet Access of Boards/Commission Agendas] Supervisors Newsom, Bierman, Ammiano, Katz Resolution urging the Information Services Division of the Controller's Officer to publish on the Internet the Administrative Code, the Planning Code, the Public Works Code, the Health Code, the Police Code, the Municipal Code, the Park Code, the Traffic Code, the Building Code, Mechanical, the Fire Codes, the Plumbing Code, the Electrical Code, at its world wide web site at :http:/www.ci.sf.ca.us/bdsupvrs/. At the request of Supervisor Newsom this matter was severed for the purpose of sending it to Committee. Supervisors Bierman, Ammiano, Katz, requested to be added as co-sponsors. REFERRED to the Economic Development, Transportation, and Technology Committee. IMPERATIVE AGENDA 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 Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Medina, seconded by Supervisor Newsom, moved adoption. The motion carried by the following vote: Ayes: 8 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yee Absent: 3 - Bierman, Teng, Yaki [Brown Act Finding] Motion that the Board find 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 Medina, seconded by Supervisor Newsom, moved adoption. The motion carried by the following vote: Ayes: 8 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yee Absent: 3 - Bierman, Teng, Yaki Imperative Resolution 981624 [Commend Bob Basker] Supervisors Leno, Ammiano, Brown, Katz, Newsom, Kaufman Resolution commending Bob Basker on his 80th birthday for his years of commitment and service to the citizens of San Francisco and the Gay/Lesbian/Bisexual Transgender community of San Francisco. Resolution No. 809-98 Supervisor Medina, seconded by Supervisor Newsom, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 8 - Ammiano, Brown, Katz, Kaufman, Leno, Medina, Newsom, Yee Absent: 3 - Bierman, Teng, Yaki OFF-CALENDAR LEGISLATION Introduced by Supervisors or the Mayor Resolutions 981616 [Golf Course Management] Supervisors Brown, Bierman Resolution establishing a preference for Harding, Fleming, Lincoln, Sharp Park and Golden Gate Park Golf Courses to remain under the management and operation of the Recreation and Park Department and for such courses to remain affordable to the broadest range of people. 9/28/98, RECEIVED AND ASSIGNED to Parks and Recreation Committee. 981617 [Water Vending Machines] Supervisors Katz, Leno, Brown, Bierman Resolution urging the State Department of Health Services to delegate the authority to the City and County of San Francisco, Department of Public Health, to inspect water vending machines for compliance with state water quality regulations. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 981618 [Mural Restoration, 2030 Harrison Street] Supervisors Leno, Katz, Medina, Bierman, Brown Resolution urging restoration of the Lilli Ann mural located at 2030 Harrison Street. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 812-98 981619 [Department of Children, Youth and Their Families] Supervisors Teng, Katz, Leno, Brown Resolution calling for the creation of the Department of Children, Youth and Their Families, requesting the Controller and Director of Human Resources to make the appropriate administrative adjustments to carry out the intent of this resolution immediately and ensure a smooth transition from the Mayor's Office of Children, Youth and Their Families to the new department, and requesting the City Attorney to make appropriate adjustments to the Administrative Code. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 813-98 981620 [California Department of Education Funding] Supervisors Teng, Brown Resolution approving the identified funding priorities for the new California Department of Education recommended by the San Francisco Child Care Planning and Advisory Council and all the local child care planning councils. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 814-98 981621 [Municipal Railway Safety Reports] Supervisors Yaki, Katz, Newsom, Leno, Brown Resolution urging the San Francisco Municipal Railway to submit quarterly safety reports on maintenance and conditions of busses and light rail vehicles to Mayor and Board of Supervisors. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 815-98 981622 [California Proposition 8] Supervisors Ammiano, Leno Resolution expressing San Francisco's opposition to California Proposition 8, concerning education, on the November 1998 ballot. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 816-98 981623 [LRV Acquisition] Supervisor Ammiano Resolution urging the Public Transportation Commission to exercise its option to purchase 59 light rail vehicles as promptly as possible and urging the Mayor and San Francisco's Congressional Delegation to secure Federal transit Administration approval for the acquisition as an immediate priority. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 817-98 981625 [Gift Acceptance] Supervisor Brown Resolution authorizing the Chief Probation Officer for the Juvenile Probation Department to accept and expend a gift of twenty-two thousand dollars ($22,000) from Ms. Karen Fireman, an individual. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 818-98 981626 [Commend Carney J. Campion] Supervisors Kaufman, Yaki, Teng, Ammiano, Newsom Resolution commending Carney J. Campion for his years of public service with the Golden Gate Bridge, Highway and Transportation District. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 819-98 981627 [Cable Car Multi-cultural Corridor] Supervisors Leno, Teng Resolution designating the December Fourth Holiday Cable Car parade route at San Francisco Cable Car Multi-cultural corridor. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 820-98 981628 [Commend Paul Wellstone] Supervisors Leno, Bierman, Teng Resolution commending Senator Paul Wellstone for his attempts to expand educational opportunities for welfare recipients and urging the California Legislature to determine the size of the State's caseload reduction credit in order to allow welfare recipients to count two years of higher education as a work activity. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 821-98 981629 [Proclaim, Dr. Stanley Prusiner Day] Supervisors Newsom, Kaufman, Teng Resolution proclaiming October 6 as Dr. Stanley Prusiner Day to commemorate Dr. Prusiner receiving the Nobel Prize for Medicine for his pioneering work in brain research. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 822-98 981630 [Proclaim Kimochi and Sansei Live Day] Supervisors Teng, Katz, Bierman, Leno Resolution honoring Kimochi for its distinguished work and outstanding contributions to the community and declaring October 10, 1998 "Kimochi and Sansei Live Day" in San Francisco. 9/28/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 823-98 Requests for Hearings 981631 [Municipal Railway's Report Procedures] Supervisor Leno Hearing to review Municipal Railway's reporting and communications procedures to the Mayor and the Board of Supervisors (especially as they pertain to inspections of MUNI equipment). 9/28/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 981486 [Conflict of Interest Code] Ordinance amending Chapter 58 of the San Francisco Administrative Code by amending various sections; to add, delete, and change titles of designated officials and employees to reflect organizational and staffing changes not previously reflected in the Code, including changes made by the City since the last biennial review of the Conflict of Interest Code; to refine the disclosure requirements applicable to some designated officials and employees; to clearly identify the filing officer for department heads, and to make nonsubstantive technical changes. (City Attorney) (Amends Sections 58.4, 58.115, 58.125, 58.130, 58.135, 58.145, 58.150, 58.165, 58.180, 58.195, 58.202, 58.207, 58.210, 58.215, 58.220, 58.235, 58.240, 58.255, 58.260, 58.265, 58.270, 58.272, 58.280, 58.285, 58.290, 58.300, 58.310, 58.315, 58.320, 58.323, 58.325, 58.330, 58.340, 58.345, 58.350, 58.370, 58.375, 58.382, 58.383, 58.385, 58.390, and 58.600.) 9/9/98, RECEIVED AND ASSIGNED to Rules Committee. 9/23/98, SUBSTITUTED. 9/23/98, ASSIGNED to Rules Committee. Ordinance No. 345-98 981550 [Parking Regulations, Redwood Street] Ordinance amending Traffic Code by adding Section 32.6.18 regarding parking regulations on a portion of the south side of Redwood Street, west of Polk Street, from 8 A.M. to 5 P.M., Monday through Friday. (Department of Parking and Traffic) (Adds Section 32.6.18.) 9/16/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Ordinance No. 349-98 981553 [Settlement of Litigation - Mary L. LoBuglio] Ordinance authorizing settlement of litigation by the City and County of San Francisco against Mary L. LoBuglio by accepting consideration in the total amount of $71,228 plus interest at the rate of 10% per annum payable in cash on or before October 30, 1998 and filing stipulation for entry of judgment upon default to secure payment. (Treasurer-Tax Collector) (Superior Court No. 994516.) 9/16/98, RECEIVED AND ASSIGNED to Rules Committee. Ordinance No. 334-98 981595 [Sue Long Soon, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Sue Long Soon against the City and County of San Francisco by payment of $90,000. (City Attorney) (Superior Court No. 987-398.) 9/23/98, RECEIVED AND ASSIGNED to Rules Committee. Ordinance No. 338-98 981596 [False Endorsements on Campaign Literature] Supervisors Brown, Ammiano Ordinance amending Chapter 16 of the Administrative Code by adding a new Article X11D, Sections 16.550 to 16.555 to prohibit false endorsements on campaign literature. (Ethics Commission) (Adds Sections 16.550 to 16.555.) 9/23/98, RECEIVED AND ASSIGNED to Rules Committee. 9/29/98, ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/28/1998. 981597 [Candlestick (3COM Park) Access Road Parking] Ordinance amending Traffic Code by amending Section 32.4.1, providing for a penalty for violation of Traffic Code Section 32.4. (Department of Parking and Traffic) (Amends Section 32.4.1; companion measure to File 98-1608.) 9/23/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Ordinance No. 371-98 981599 [Contract Amendment and Restatement - JCDeCaux] Ordinance approving the First Amended and Restated Automatic Public Toilet and Public Service Kiosk Agreement between the City and County of San Francisco and JCDeCaux San Francisco (formerly JCDeCaux United Street Furniture, Inc.) which allows for the expansion of the Automatic Public Toilet Program beyond the trial phase and amends the agreement in several other respects. (Department of Public Works) 9/23/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Ordinance No. 354-98 PROPOSED RESOLUTIONS 981552 [Revocable Permit, 250 Embarcadero] Resolution granting revocable permission to Swinerton and Walberg Construction Company to temporarily close and occupy the north sidewalk and a portion of the street area on Folsom Street, between Spear Street and the Embarcadero to conduct construction operations at 250 Embarcadero (Block 3741, Lots 11, 27, and 28). (Department of Public Works) 9/17/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Resolution No. 901-98 981598 [Grant - Federal Funds] Resolution authorizing the Private Industry Council of San Francisco, Inc. to accept and expend approximately $550,000 of refugee funds for an Elderly Refugee Project in line with the Refugee County Plan. (Private Industry Council) 9/23/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Resolution No. 903-98 981600 [Moscone Center Garage Project] Supervisor Teng Resolution approving the issuance of Lease Revenue Refunding Bonds (not to exceed $8,250,000) of the Parking Authority of the City and County of San Francisco; approving the execution and delivery of a project lease between the Authority, as lessor, and the City, as lessee (including certain indemnification provisions therein); approving a continuing disclosure certificate relating to said Bonds; approving the form and circulation of an official statement relating to said Bonds; authorizing the payment of certain costs of issuance from the proceeds of such Bonds; ratifying previous actions taken in connection with the foregoing matters; and authorizing the taking of appropriate actions in connection therewith. (Mayor) 9/23/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 826-98 981602 [Emergency Repair, Central Avenue Sewer] Resolution approving the expenditure of funds for the Central Avenue Emergency Sewer Replacement under Clean Water Program Contract No. CW-181 - $164,355.00. (Public Utilities Commission) 9/18/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 838-98 981603 [Emergency Repair, 425 Noriega Street Sewer] Resolution approving the expenditure of funds for the emergency work to replace the structurally inadequate easement sewer parallel to the residence of 425 Noriega Street near 11th Avenue - $110,276.00. (Public Utilities Commission) 9/18/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 839-98 981604 [Emergency Repair, York Street Sewer] Resolution approving the expenditure of funds for the emergency work to repair the structurally inadequate sewer in York Street from Precita Avenue to Peralta Avenue - $136,725.00. (Public Utilities Commission) 9/18/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 840-98 981605 [Contract] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, to enter into a subcontract in the amount of $85,012 with the Public Health Foundation Enterprises, Inc., the primary contractor, to participate in a project for enhanced hepatitis surveillance which includes indemnification, binding arbitration, and rights in data clauses and which does not include patent infringement indemnification and false claims clauses; retroactive to July 1, 1998; waiving indirect costs. (Department of Public Health) 9/21/98, RECEIVED AND ASSIGNED to Health, Family, and Environment Committee. Resolution No. 861-98 981606 [Grant - State Funds] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, Community Health and Safety, to accept retroactively and expend grant funds of $358,910 from the California Department of Health Services to provide HIV-1 Viral Load Tests and to enter into an agreement which includes indemnification and rights in data clauses and which does not include patent infringement indemnification and false claims clauses; waiving indirect costs. (Department of Public Health) 9/21/98, RECEIVED AND ASSIGNED to Health, Family, and Environment Committee. Resolution No. 862-98 981607 [Waiving Statute of Limitations] Resolution waiving the statute of limitations with respect to payment of certain warrants of the City and County of San Francisco, in the amount of $11,514.07, a legal obligation of the City and County of San Francisco. (Payee, Robert C. Williams). (Controller) 9/23/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 863-98 981608 [Penalty, Access Road Candlestick (3COM Park)] Resolution establishing a $50 penalty for violating Traffic Code Section 32.4 (access road Candlestick Park/3COM Park). (Department of Parking and Traffic) (Amends Section 32.4) 9/23/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Resolution No. 995-98 Requests Granted By Supervisor Brown, that City Attorney report on what steps, if any, the Board of Supervisors can take to enable a higher proportion of revenues generated by the City's five golf courses be returned to the Golf Department for the maintenance and improvement of those courses. By Supervisor Medina, that letter be sent to CalTran to determine whether a feasibility study to install high occupancy vehicle lanes on the Bay Bridge for both directions is contemplated. In Memoriams Terence McEwen (Supervisor Leno) Ruth Eloise Smith (Supervisor Ammiano) ADJOURNMENT There being no further business, the Board at the hour of 5:07 p.m. adjourned. Gloria L. Young, Clerk N.B. The Minutes of this meeting set 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 December 21, 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 Minutes of said Board on the date stated and was approved as recited.