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Board of Supervisors Minutes: October 5, 1998

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Structured legislative records

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Appropriation, Department of Public Health

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SponsorsTeng, Newsom

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Annual Salary Ordinance, Dept. of Public Health

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SponsorsTeng, Newsom

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Appropriation, Sheriff Department

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Appropriation, Department of Public Works

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Settlement of Grievance, Fariba Mahmoudi

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Annual Report

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SponsorsKaufman

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Jeremiah S. Levy, v. CCSF

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Crispina Luppino, et al. v. CCSF, et al.

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Nancy Nau-Olson v. CCSF

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Cynthia Lewis, et al., v. CCSF, et al.

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Yee v. CCSF, and Consolidated Actions

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Hankston, et al. v. CCSF, et al.

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Contract

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Grant - State

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adoptionLIKELY FINAL

981365 [Grant - State] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, Community Health and Safety, to accept retroactively and expend retroactively grant funds of $523,318 from the California Department of Health Services to provide immunization services and collaborative immunization project 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) Resolution No. 811-98 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Findings- 720 York Tentative Subdivision Map

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continuance

981632 [Findings- 720 York Tentative Subdivision Map] Motion adopting findings related to the appeal of the decision of the Director of Public Works approving a Tentative Subdivision Map to legalize the construction of 54 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. (Companion measure to Files 981325, 981327, 981328, 981329.) Supervisor Brown requested this item be continued to October 13, 1998. Motion No. M98-130 Supervisor Brown, seconded by Supervisor Teng, moved that this Motion be CONTINUED. The motion carried by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Reinspection Fee Lien

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tabling

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) Communication received dated September 30, 1998 from the Department of Public Health indicating the property owner has cleared his debt by making payment; therefore, no further action by the Board is required on this matter. Supervisor Brown, seconded by Supervisor Newsom, moved that this Resolution be TABLED. The motion carried by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

MBE/WBE/LBE Utilization Ordinance - IV

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SponsorsBrown, Katz, Teng, Medina, Bierman

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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. (Adds Sections 12D.A. 1 through 12.D.A.21.) Ordinance No. 296-98 FINALLY PASSED by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Penalties, Veterinarians - Dog Licenses

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first-reading

981402 [Penalties, Veterinarians - Dog Licenses] Ordinance amending Health Code by amending Section 41.25 to provide for penalties for violation of Section 41.18(c) requiring notification to the licensing authority when a dog has been vaccinated for rabies. (Animal Care and Control) (Amends Section 41.25.) Ordinance No. 320-98 PASSED ON FIRST READING by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng

Noes: None

other

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Ayes: None

Noes: Yee

Veterinarians - Anti Rabies Vaccinations

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first-reading

981403 [Veterinarians - Anti Rabies Vaccinations] Ordinance amending Health Code by amending Section 41.18, regarding Veterinarians' responsibilities for anti-rabies vaccinations to require use of a form approved by the Licensing Authority to certify that a dog has been vaccinated, and notification to the Department of Animal Care and Control when such animal is vaccinated. (Animal Care and Control) (Amends Section 41.18.) Ordinance No. 321-98 PASSED ON FIRST READING by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng

Noes: None

other

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Ayes: None

Noes: Yee

Closed Session

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981644 [Closed Session] Air Transport Association of America v. San Francisco, U. S. District Court No. C97-1763 CW (challenge to the City's equal benefits ordinance). Supervisor Leno requested this matter be continued to October 13, 1998. Supervisor Leno, seconded by Supervisor Teng, moved that this Litigation be CONTINUED. The motion carried by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Mural Restoration, 2030 Harrison Street

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SponsorsLeno, Katz, Medina, Bierman, Brown

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Department of Children, Youth and Their Families

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SponsorsTeng, Katz, Leno, Brown

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California Department of Education Funding

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SponsorsTeng, Brown

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Municipal Railway Safety Reports

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SponsorsYaki, Katz, Newsom, Leno, Brown

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California Proposition 8

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SponsorsAmmiano, Leno

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Gift Acceptance

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SponsorsBrown

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Commend Carney J. Campion

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SponsorsKaufman, Yaki, Teng, Ammiano, Newsom

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Cable Car Multi-cultural Corridor

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SponsorsLeno, Teng

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Commend Paul Wellstone

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SponsorsLeno, Bierman, Teng

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Proclaim, Dr. Stanley Prusiner Day

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Proclaim Kimochi and Sansei Live Day

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SponsorsTeng, Katz, Bierman, Leno

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Final Map, 3000-3002 18th/582-590 Alabama Streets

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Commendation

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SponsorsKaufman, Newsom, Teng, Leno, Brown

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Drug Policy Foundation Grant

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SponsorsAmmiano, Newsom, Brown

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981639 [Drug Policy Foundation Grant] Supervisors Ammiano, Newsom, Brown Resolution urging the Department of Public Health and other appropriate departments of the City and County of San Francisco to participate in a federal drug policy foundation grant to create a coordinated multi-county response to Proposition 215 which authorizes the use of marijuana for medicinal purposes. Supervisors Newsom, Brown requested to be added as co-sponsors. Resolution No. 825-98 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Split of 415 Area Code Within San Francisco

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SponsorsLeno, Yaki, Yee, Bierman, Ammiano, Katz, Brown, Newsom, Teng

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Water Vending Machines

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SponsorsKatz, Leno, Brown, Bierman

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LRV Acquisition

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SponsorsAmmiano

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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. At the request of Supervisor Kaufman, this matter was removed so it could be considered separately. Resolution No. 817-98 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. ADOPTED by the following vote:

Ayes: Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee

Noes: None

Excavation in the Public Right-of-Way

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SponsorsKatz, Bierman

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Moscone Center Expansion Project

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SponsorsKaufman

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City Memberships

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Excelsior Youth Center Fund

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SponsorsTeng, Medina, Bierman, Brown, Leno, Newsom

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Small Business Year 2000 Readiness Act

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SponsorsLeno, Bierman, Newsom, Katz

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Minority Home Ownership

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SponsorsLeno, Ammiano, Bierman, Newsom, Katz, Yaki

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California Department of Insurance

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SponsorsLeno, Bierman

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Telemarketing and Mail Fraud

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Edgehill Mountain Open Space Funding

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SponsorsTeng, Bierman

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Combined Charities Campaign, Domestic Partners Benefits, Union Workforce

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SponsorsAmmiano, Bierman

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Accessible Hepatitis C Treatment

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SponsorsYee, Leno, Katz

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Fifth Street Bike Lanes

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SponsorsAmmiano

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Chinatown Housing and Health Conditions

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SponsorsAmmiano, Brown, Bierman, Newsom, Leno, Katz

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Advisory Dogs Off-Leash Task Force

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SponsorsBrown, Bierman, Katz

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Shopping Cart Task Force

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Senior Summit in January, 1999

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Liquor License City-wide Master Plan

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SponsorsTeng

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Olympic Official Bid Committee

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Commend Brendan O. Raven

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Alcoholic Beverage Sale Interim Zoning Controls Extension

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SponsorsTeng, Bierman, Brown

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Commend Tom Gille

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SponsorsKaufman, Newsom, Leno

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Recognizing Granite Broadcasting Corporation

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SponsorsBrown, Kaufman, Leno, Newsom, Katz, Yaki

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Telemarketing Fraud

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Towing Contract

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SponsorsNewsom, Ammiano

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Census Bureau

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SponsorsTeng, Bierman

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Resources for Homeless

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Needle Exchange Emergency

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SponsorsBierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina, Yee, Leno

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Health Contracts

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Anti-Cruising Regulations on Mission Street

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John A. Brady, et al. v. CCSF, et al.

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Waive Statute of Limitations, Mary Williams

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Grant - State Funds

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Federal Grant

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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, October 5, 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, Barbara Kaufman, Mark Leno, Gavin Newsom, Mabel Teng, Leland Y. Yee. Members Excused: None. Members Absent: Sue Bierman, Leslie Katz, Jose Medina, Michael Yaki. 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 2:02 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Bierman, Katz, Medina, Yaki - 4. Quorum present. Supervisor Bierman excused by previous action. (See Meeting Minutes of September 28, 1998.) Supervisor Katz excused. (See infra.) Supervisor Medina excused. (See infra.) Supervisor Yaki excused. (See infra.) Supervisors Katz, Medina, Yaki Excused From Attendance Supervisor Newsom, seconded by Supervisor Teng, moved to excuse Supervisors Katz, Medina and Yaki from attendance. The motion carried by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki CONSENT AGENDA Recommendations of 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 FINALLY PASSED 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 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED Recommendations of the Health, Family, and Environment Committee 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED Recommendation of Health, Family and Environment Committee 981322 [Contract] Resolution authorizing the Department of Public Health, Community Health Network, Primary Care Services, to enter into an agreement as subcontractor with Lutheran Social Services, the primary contractor, in the amount of $90,994, to provide preventative and primary health care services and which includes an indemnification clause and which does not include patent infringement indemnification and false claims clauses; retroactive to October 1, 1997. (Department of Public Health) Resolution No. 810-98 ADOPTED 981365 [Grant - State] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, Community Health and Safety, to accept retroactively and expend retroactively grant funds of $523,318 from the California Department of Health Services to provide immunization services and collaborative immunization project 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) Resolution No. 811-98 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 981632 [Findings- 720 York Tentative Subdivision Map] Motion adopting findings related to the appeal of the decision of the Director of Public Works approving a Tentative Subdivision Map to legalize the construction of 54 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. (Companion measure to Files 981325, 981327, 981328, 981329.) Supervisor Brown requested this item be continued to October 13, 1998. Motion No. M98-130 Supervisor Brown, seconded by Supervisor Teng, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki From the Department of Public Health 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) Communication received dated September 30, 1998 from the Department of Public Health indicating the property owner has cleared his debt by making payment; therefore, no further action by the Board is required on this matter. Supervisor Brown, seconded by Supervisor Newsom, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki Recommendations of the 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. (Adds Sections 12D.A. 1 through 12.D.A.21.) Ordinance No. 296-98 FINALLY PASSED by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki NEW BUSINESS Recommendations of the Health, Family, and Environment Committee 981402 [Penalties, Veterinarians - Dog Licenses] Ordinance amending Health Code by amending Section 41.25 to provide for penalties for violation of Section 41.18(c) requiring notification to the licensing authority when a dog has been vaccinated for rabies. (Animal Care and Control) (Amends Section 41.25.) Ordinance No. 320-98 PASSED ON FIRST READING by the following vote: Ayes: 6 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng Noes: 1 - Yee Absent: 4 - Bierman, Katz, Medina, Yaki 981403 [Veterinarians - Anti Rabies Vaccinations] Ordinance amending Health Code by amending Section 41.18, regarding Veterinarians' responsibilities for anti-rabies vaccinations to require use of a form approved by the Licensing Authority to certify that a dog has been vaccinated, and notification to the Department of Animal Care and Control when such animal is vaccinated. (Animal Care and Control) (Amends Section 41.18.) Ordinance No. 321-98 PASSED ON FIRST READING by the following vote: Ayes: 6 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng Noes: 1 - Yee Absent: 4 - Bierman, Katz, Medina, Yaki PUBLIC COMMENT Louis Calabro, Human Rights Commission June 4, 1998 tape recording; Cathy Perry, discrimination at San Francisco Airport; Eula Waters, Ferry Park; Gary Rivera, support area code overlay resolution; Holden Turner, privatization of golf courses; Male speaker, 1977 Sentinel article; Tate Sandell, medical marijuana; J. B. Saunders, racism at San Francisco Airport. CLOSED SESSION Conference with City Attorney - Litigation [Convene in 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 as permitted by Government Code regarding the following litigation: 981644 [Closed Session] Air Transport Association of America v. San Francisco, U. S. District Court No. C97-1763 CW (challenge to the City's equal benefits ordinance). Supervisor Leno requested this matter be continued to October 13, 1998. Supervisor Leno, seconded by Supervisor Teng, moved that this Litigation be CONTINUED. The motion carried by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki 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. 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. Supervisor Brown requested to be added as co-sponsor. Resolution No. 812-98 ADOPTED 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. Supervisors Leno,Brown requested to be added as co-sponsor. Resolution No. 813-98 ADOPTED 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. Supervisor Brown requested to be added as co-sponsor. Resolution No. 814-98 ADOPTED 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. Supervisors Newsom, Leno, Brown requested to be added as co-sponsors. Resolution No. 815-98 ADOPTED 981622 [California Proposition 8] Supervisors Ammiano, Leno Resolution expressing San Francisco's opposition to California Proposition 8, concerning education, on the November 1998 ballot. Supervisor Leno requested to be added as co-sponsor. Resolution No. 816-98 ADOPTED 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. Resolution No. 818-98 ADOPTED 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. Supervisor Newsom requested to be added as co-sponsor. Resolution No. 819-98 ADOPTED 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. Supervisor Teng requested to be added as co-sponsor. Resolution No. 820-98 ADOPTED 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. Supervisor Teng requested to be added as co-sponsor. Resolution No. 821-98 ADOPTED 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. Supervisor Teng requested to be added as co-sponsor. Resolution No. 822-98 ADOPTED 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. Supervisor Leno requested to be added as co-sponsor. Resolution No. 823-98 ADOPTED 981613 [Final Map, 3000-3002 18th/582-590 Alabama Streets] Motion approving final map of 3000-3002 18th Street and 582-590 Alabama Street, a Live/Work Condominium Project, being a subdivision of Lot 5 in Assessor's Block No. 4019, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works) (DPW Order No. 171,215.) Motion No. M98-129 APPROVED 981638 [Commendation] Supervisors Kaufman, Newsom, Teng, Leno, Brown Resolution commending San Francisco Women Against Rape on the occasion of its 25th Anniversary for its continuing commitment to combating sexual assault in San Francisco. Supervisors Newsom, Teng, Leno, Brown requested to be added as co-sponsors. Resolution No. 824-98 ADOPTED 981639 [Drug Policy Foundation Grant] Supervisors Ammiano, Newsom, Brown Resolution urging the Department of Public Health and other appropriate departments of the City and County of San Francisco to participate in a federal drug policy foundation grant to create a coordinated multi-county response to Proposition 215 which authorizes the use of marijuana for medicinal purposes. Supervisors Newsom, Brown requested to be added as co-sponsors. Resolution No. 825-98 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki 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 removed for the purpose of referring it to committee. Resolution No. 994-98 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. REFERRED to the Economic Development, Transportation, and Technology 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. On behalf of Supervisor Katz, Supervisor Newsom requested this matter be removed and sent to committee. Supervisors Leno, Brown requested to be added as co-sponsor. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. REFERRED to the Health, Family, and Environment Committee. 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. At the request of Supervisor Kaufman, this matter was removed so it could be considered separately. Resolution No. 817-98 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. ADOPTED by the following vote: Ayes: 7 - Ammiano, Brown, Kaufman, Leno, Newsom, Teng, Yee Absent: 4 - Bierman, Katz, Medina, Yaki OFF-CALENDAR LEGISLATION Introduced by Supervisors or Mayor Ordinances 981038 [Excavation in the Public Right-of-Way] Supervisors Katz, Bierman Ordinance amending Public Works Code by repealing Article 8 (Excavations in Streets), repealing Sections 672 and 673 of Article 14 (Underground Pipes, Wires and Conduits), and adding Article 2.4 (Excavation in the Public Right-of-Way), including Section 2.4.44 to impose a new street damage restoration fee; authorizing establishment of the Street Construction Coordination Center and requesting other official actions in connection therewith; making findings for these amendments; and amending Article XIII of Chapter 10 of the Administrative Code by adding Section 10.117-119 to create a fund for collection of street damage restoration fees and adding Section 10.117-120 to reestablish the excavation fund for the collection of other deposits, fees, and penalties imposed by Article 2.4. (Repeals Public Works Sections 672, 673, adds Section 2.4.44; adds Administrative Code Sections 10.117-119, and 10.117-120.) 6/22/98, ASSIGNED UNDER 30 DAY RULE to Economic Development, Transportation, and Technology Committee, expires on 7/22/1998. 10/5/98, SUBSTITUTED. 10/5/98, ASSIGNED to Economic Development, Transportation, and Technology Committee. Ordinance No. 341-98 981653 [Moscone Center Expansion Project] Supervisor Kaufman Ordinance amending Article V, Chapter 23, Part I of the San Francisco Municipal Code (Administrative Code) by adding Section 23.26A to authorize the Director of Property to terminate leases or extend leases for lessees in buildings to be acquired by the City and County of San Francisco by eminent domain for the Moscone Center Expansion Project as the director deems necessary for the project and appropriate for the lessees. (Adds Section 23.26A.) 10/5/98, RECEIVED AND ASSIGNED to Finance Committee. Ordinance No. 355-98 981659 [City Memberships] Supervisor Kaufman Ordinance amending Administrative Code by amending Section 16.6, relating to membership by City Departments in professional, trade and other organizations; repealing various sections authorizing membership in various organizations; re-numbering various sections as new sections; and providing for continuation of current and existing memberships. (Amends Section 16.6; repeals Sections 16.6.1, 16.6-2, 16.6-2.1, 16.6-3, 16.6-4, 16.6-5, 16.6-6, 16.6-7, 16.6-8, 16.6-9, 16.6-10, 16.6-11, 16.6-12, 16.6-13, 16.6-14, 16.6-15, 16.6-16, 16.6-17, 16.6-17.1, 16.6-17.2, 16.6-17.3, 16.6-17.4, 16.6-19, 16.6-20, 16.6-21, 16.6-22, 16.6-23, 16.6-24, 16.6-25, 16.6-26, 16.6-27, 16.6-28, 16.6-29, 16.6-30, 16.6-31, 16.6-32, 16.6-33, 16.6-34, 16.6-35,1 6.6-35.1,16.6-36, 16.6-37, 16.6-38, 16.6-39, 16.6-40, 16.6-41, 16.6-42, 16.6-43, 16.6-44, 16.6-45, 16.6-46, 16.6-47, 16.6-47.1, 16.6-59, 16.6-60, 16.6-61,16.6-62; renumbering Sections 16.6-48, 16.6-49, 16.6-49.1, 16.6-49.2, 16.6-49.3, 16.6-51, 16.6-53, 16.6-54, 16.6-55, 16.6-56, 16.6-57, 16.6-58 as new Sections 16.6-1, 16.6-2, 16.6-3, 16.6-4, 16.6-5, 16.6-6, 16.6-7, 16.6-8, 16.6-9, 16.6-10, 16.6-11 and 16.6-12 respectively.) 10/5/98, RECEIVED AND ASSIGNED to Finance Committee. Ordinance No. 356-98 981660 [Excelsior Youth Center Fund] Supervisors Teng, Medina, Bierman, Brown, Leno, Newsom Ordinance adding Section 10.117-119 to the Administrative Code, which authorizes the acceptance and expenditure of gift funds for the construction of the Excelsior Youth Center and establishes the Excelsior Youth Center Fund. (Adds Section 10.117-119.) 10/5/98, REACTIVATED PURSUANT TO RULE 5.22 to Housing and Neighborhood Services Committee. See previous File 97-97-60. Ordinance No. 350-98 Resolutions 981654 [Small Business Year 2000 Readiness Act] Supervisors Leno, Bierman, Newsom, Katz Resolution urging Congress to pass the Small Business Year 2000 Act. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 841-98 981655 [Minority Home Ownership] Supervisors Leno, Ammiano, Bierman, Newsom, Katz, Yaki Resolution urging the Federal Reserve Bank of San Francisco to conduct a special meeting to address the minority home ownership crisis in California. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 842-98 981656 [California Department of Insurance] Supervisors Leno, Bierman Resolution urging the California Insurance Commissioner to reorganize the California Department of Insurance and increase enforcement against dishonest insurance agents. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 843-98 981657 [Telemarketing and Mail Fraud] Supervisors Newsom, Bierman, Leno, Katz Resolution urging the private courier services to adopt industry best practices in dealing with telemarketing and mail fraud. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 844-98 981658 [Edgehill Mountain Open Space Funding] Supervisors Teng, Bierman Resolution urging the Recreation and Park Department to seek State, Federal, or additional private funding towards the purchase of the Edgehill Mountain Open Space Park. 10/5/98, RECEIVED AND ASSIGNED to Parks and Recreation Committee. 981661 [Combined Charities Campaign, Domestic Partners Benefits, Union Workforce] Supervisors Ammiano, Bierman Resolution designating the fiscal agent of the City and County of San Francisco's combined charities campaign be one which offers domestic partners benefits and comprised of a union workforce. 10/2/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 981662 [Accessible Hepatitis C Treatment] Supervisors Yee, Leno, Katz Resolution urging Schering-Plough Pharmaceuticals to unbundle the anti-viral agent ribavirin, implement a 75 percent price cut, implement a comprehensive patient assistance program, and cease all aggressive sales tactics. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 845-98 981665 [Fifth Street Bike Lanes] Supervisor Ammiano Resolution establishing bicycle lanes on Fifth Street; authorizing the Department of Parking and Traffic to remove one traffic lane on Fifth Street and to enact certain traffic regulations on Fifth Street in order to accommodate the bicycle lanes. 10/5/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Awaiting environmental review by Planning Department. 981666 [Chinatown Housing and Health Conditions] Supervisors Ammiano, Brown, Bierman, Newsom, Leno, Katz Resolution urging the Department of Building Inspection and other appropriate City departments to investigate housing and health conditions within housing units located in San Francisco's Chinatown and adjacent areas. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 981667 [Advisory Dogs Off-Leash Task Force] Supervisors Brown, Bierman, Katz Resolution amending Resolution No. 359-98, creating an Advisory Dogs Off-Leash Task Force to consider and recommend an effective off-leash policy, to consider alternative ways to creatively finance the costs associated with increasing the number of dog off-leash areas in neighborhood parks and to consider and recommend how the city can effectively and fairly enforce its laws and regulations pertaining to dogs by extending the sunset date of the Advisory Dogs Off-Leash Task Force to March 4, 1999. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 846-98 981668 [Shopping Cart Task Force] Supervisor Brown Resolution amending Resolution No. 357-98, creating an Abandoned Shopping Cart Task Force ("Task Force") to investigate how the City and County of San Francisco ("The City") can effectively remove abandoned shopping carts from the City's streets and reduce shopping cart theft which contributes to increasing the cost of living in the City by extending the date by which the Task Force shall complete its work and report to the Board of Supervisors to March 4, 1999. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 847-98 981669 [Senior Summit in January, 1999] Supervisors Brown, Bierman, Newsom, Leno, Katz, Yaki Resolution urging the Mayor to hold a summit for seniors in San Francisco to address their concerns regarding health care, safety, housing and transportation. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 848-98 981674 [Liquor License City-wide Master Plan] Supervisor Teng Resolution urging the Department of Planning to use the city-wide map information to analyze the liquor licenses which show clusters of licenses in various neighborhoods and propose a city-wide master plan on permanent zoning controls and that this proposal take into consideration input from local businesses and neighborhood residents. 10/5/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. 981670 [Olympic Official Bid Committee] Mayor Resolution authorizing the Bay Area Sports Organizing Committee to represent the City and County of San Francisco as the official bid committee in submitting an application to the United States Olympic Committee to host the Games of the XXX Olympiad in 2012. 10/5/98, RECEIVED AND ASSIGNED to Economic Development, Transportation, and Technology Committee. Resolution No. 886-98 981671 [Commend Brendan O. Raven] Supervisor Yee Resolution commending Brendan O. Raven on being awarded the honor of Eagle Scout. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 849-98 981672 [Alcoholic Beverage Sale Interim Zoning Controls Extension] Supervisors Teng, Bierman, Brown Resolution re-enacting Interim Zoning Controls for an additional six (6) month period to prohibit temporarily the introduction of new establishments or expansion of existing establishments selling alcoholic beverages in the Inner Sunset Alcoholic Beverage Special Use District and making findings of consistency with the priority policies of Planning Code Section 101.1. 10/5/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Resolution No. 996-98 981673 [Commend Tom Gille] Supervisors Kaufman, Newsom, Leno Resolution recognizing Tom Gille for his 1998 term as President of the Building Owners and Managers Association of San Francisco and commends him for his service to the City and County of San Francisco. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 850-98 981675 [Recognizing Granite Broadcasting Corporation] Supervisors Brown, Kaufman, Leno, Newsom, Katz, Yaki Resolution recognizing Granite Broadcasting Corporation as providing a valuable public service to the citizens of San Francisco and encouraging the Federal Communications Commission to waive the television duopoly rule regarding Granite's ownership of KBWB-TV in San Francisco and KNTV-TV in San Jose due to the significant public benefits derived because of this common ownership. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 851-98 Requests for Hearings 981676 [Telemarketing Fraud] Supervisor Newsom Hearing to examine the growing volume of telemarketing fraud victims within San Francisco, the District Attorney's resources to address the problem and the identification of any other governmental entities which may be resources in addressing this problem. 10/5/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. 981677 [Towing Contract] Supervisors Newsom, Ammiano Hearing to consider the Department of Parking and Traffic's towing contract. 10/5/98, RECEIVED AND ASSIGNED to Finance Committee. 981678 [Census Bureau] Supervisors Teng, Bierman Hearing to consider the Census Bureau's plans to ensure that there is no undercount of San Francisco residents, especially non-English speaking San Franciscans, in either the 10 year census or the "mini-census" American Community survey. 10/5/98, RECEIVED AND ASSIGNED to Health, Family, and Environment Committee. 981679 [Resources for Homeless] Supervisor Brown Hearing to consider the status of services and facilities available to the City's homeless community and to explore what federal and state resources are available to assist that community. 10/5/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Motions 981680 [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. 10/5/98, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion No. M98-131 Introduced by the President at the Request of Departments PROPOSED ORDINANCES 981504 [Health Contracts] Ordinance amending Administrative Code by repealing Section 1.33, amending Section 19A.23 and adding Sections 19A.37, 19A.38, 19A.39, and 19A.40 to authorize the Director of Health to enter into agreements that contain an indemnification provision with University of California, UCSF/Stanford Health Care, Alameda County, San Mateo County, and San Francisco Unified School District. (Department of Public Health) (Repeals Section 1.33, amends Section 19A.23, adds Sections 19A.37, 19A.38, 19A.39, and 19A.40.) 9/16/98, RECEIVED AND ASSIGNED to Health, Family, and Environment Committee. 9/30/98, SUBSTITUTED. 10/5/98, ASSIGNED to Health, Family, and Environment Committee. Ordinance No. 337-98 981612 [Anti-Cruising Regulations on Mission Street] Ordinance amending Traffic Code by repealing Sections 32.6.4 and 35.1 pertaining to anti-cruising regulations on Mission Street. (Department of Parking and Traffic) (Repeals Sections 32.6.4 and 35.1) 9/24/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. 981637 [John A. Brady, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of John A. Brady, Lorraine C. Duddy, Sharon E. Samuel against the City and County of San Francisco by payment of $55,140.25. (City Attorney) (S.F. Superior Court Case No. 980975; California Court of Appeal Case Nos. A080127 and A083020.) 9/30/98, RECEIVED AND ASSIGNED to Rules Committee. Ordinance No. 339-98 PROPOSED RESOLUTIONS 981641 [Waive Statute of Limitations, Mary Williams] 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 $7,863.32 a legal obligation of the City and County of San Francisco. (Controller) 9/30/98, RECEIVED AND ASSIGNED to Finance Committee. Resolution No. 864-98 981642 [Grant - State Funds] Resolution authorizing the Department of Public Health, Division of Population Health and Prevention, Community Health and Safety, to retroactively accept and expend a grant in the amount of $22,695 from the California Integrated Waste Management Board for the solid waste facilities permit and inspection program and to enter into an agreement which includes an indemnification clause and does not include patent infringement indemnification and false claims clauses; waiving indirect costs. (Department of Public Health) 9/29/98, RECEIVED AND ASSIGNED to Health, Family, and Environment Committee. Resolution No. 915-98 981643 [Federal Grant] Resolution authorizing the Mayor's Criminal Justice Council to retroactively apply, accept and expend funds in the amount of $534,337 from the U.S. Department of Justice Programs (OJP), under the Violence Against Women Act Program, to (1) support services to young women offenders, who have been victims of sexual and domestic abuse, through the Life Learning Residential Center for Girls, a component of the Mayor's Local Action Plan for juvenile justice reform and (2) providing effective batterer's intervention services to young men by providing resources to the Juvenile Probation Department and an anti-violence community based organization, Men Overcoming Violence. (Mayor) 9/30/98, RECEIVED AND ASSIGNED to Housing and Neighborhood Services Committee. Resolution No. 954-98 Requests Granted By Supervisor Yee, that letter be sent to General Manager, Municipal Railway, inquiring what methods are used to predict ridership needs for the Stockton Street corridor on weekends as well as weekdays, how frequently the demand exceeds service along this corridor and explanation for repeated passing by of passengers by buses which occurred on Saturday, October 3, 1998. By Supervisor Brown, that letter of inquiry be sent to General Manager, Recreation and Park Department, to determine whether the Department has completed a study on the feasibility and long range consequences of privatizing the greens at Lincoln and Harding Golf courses. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Tom Bradley (By the entire Board) Janine Driscoll (Supervisor Brown) Thomas Smith (Supervisor Brown) James Walsh (Supervisors Yee, Ammiano) ADJOURNMENT There being no further business, the Board at the hour of 3:30 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.