Board of Supervisors Minutes: April 12, 1999

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, April 12, 1999 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors TOM AMMIANO, PRESIDENT ALICIA BECERRIL, SUE BIERMAN, AMOS BROWN, LESLIE KATZ, BARBARA KAUFMAN, MARK LENO, GAVIN NEWSOM, MABEL TENG, MICHAEL YAKI, LELAND Y. YEE Members Present: Tom Ammiano, Alicia Becerril, Sue Bierman, Leslie Katz, Barbara Kaufman, Mark Leno, Gavin Newsom, Mabel Teng, Michael Yaki, Leland Y. Yee. Members Excused: None. Members Absent: Amos Brown. 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 Tom Ammiano presiding. The meeting was called to order at 2:03 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Brown, Teng, Yee - 3. Quorum present. Supervisor Brown excused. See infra. Supervisor Teng was noted present at 2:06 p.m. Supervisor Yee was noted present at 2:05 p.m. Supervisor Brown Excused from Attendance Supervisor Katz, seconded by Supervisor Kaufman, moved to excuse Supervisor Brown from attending today’s meeting. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Yaki Absent: 3 - Brown, Teng, Yee Supervisor Becerril Excused from Attendance Supervisor Newsom, seconded by Supervisor Yaki, moved to excuse Supervisor Becerril at 3:45 p.m. from the remainder of the meeting. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng Absent: 3 - Brown, Yaki, Yee APPROVAL OF MEETING MINUTES Supervisor Yaki, seconded by Supervisor Becerril, moved to approve the March 1, 1999 Meeting Minutes. The motion carried by the following vote: Ayes: 8 - Katz, Kaufman, Leno, Newsom, Yaki, Ammiano, Becerril, Bierman Absent: 3 - Brown, Teng, Yee Privilege of the Floor Supervisor Teng, seconded by Supervisor Katz, 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 guests. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Supervisor Teng introduced the following delegation from China Shaanxi Province Supervisory Committee and presented, on behalf of the Board of Supervisors, a Certificate of Honor to the Shaanxi Province delegation: Mr. Li Bingjiong, Assistant Director, Shaanxi Province Supervisory Department; Mr. Yank Guangming, Director, Xian Yang Supervisory Bureau; Mr. Jia Xiaotang, Director, Bao Ji Supervisory Bureau; Mr. Han Yan Chen, Director, Wei Nan Supervisory Bureau; Mr. Yao Wen Ji, Director, Tong Chuan Supervisory Bureau; Mr. Hui Tong Ren, Director, Xi’an Supervisory Bureau. The delegation presented a gift to the City to express their friendship, a statue of a crane which symbolizes long life. CONSENT AGENDA Recommendations of the Audit and Government Efficiency Committee 990437 [Arnold Jones, et al., v. CCSF, et al.] Ordinance authorizing settlement of litigation of Arnold Jones against the City and County of San Francisco by payment of $614,400. (City Attorney) (U.S. District Court No. C91-3453 WHO.) Ordinance No. 87-99 PASSED, ON FIRST READING 990480 [Natali Sheyner, et al., v. CCSF, et al.] Ordinance authorizing settlement of litigation of Natali Sheyner against the City and County of San Francisco by payment of $37,000. (City Attorney) (S.F. Superior Court No. 990-053.) Ordinance No. 100-99 PASSED, ON FIRST READING 990481 [Denise Flaherty v. CCSF] Ordinance authorizing settlement of litigation of Denise Flaherty against the City and County of San Francisco by payment of $60,000. (City Attorney) (S.F. Superior Court No. 994-582.) Ordinance No. 101-99 PASSED, ON FIRST READING 990482 [Settlement of Lawsuit] Ordinance authorizing settlement of litigation of Victoria Lee, a minor, by and through her Guardian Ad Litem Gan Suey Lee against the City and County of San Francisco by payment of $850,000. (City Attorney) (S.F. Superior Court No. 993-057.) Ordinance No. 82-99 PASSED, ON FIRST READING 990567 [Brennan v. CCSF] Ordinance authorizing settlement of litigation of Kinsey Sheryl Brennan against the City and County of San Francisco by payment of $240,000. (City Attorney) (S.F. Superior Court No. 992-208.) Ordinance No. 102-99 PASSED, ON FIRST READING 990572 [ADA Task Force, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of ADA Task Force against the City and County of San Francisco requiring City to hire consultants to complete City’s Americans with Disabilities Act Transition Plan and Self-evaluation. (City Attorney) (U.S. District Court No. C-97-02438 CRB.) Ordinance No. 103-99 PASSED, ON FIRST READING 990489 [Settlement Agreement, Tanya Meyers] Resolution authorizing settlement of claims with Tanya Meyers relating to Ms. Meyers’ employment with the Public Transportation Department in the amount of Eighty Five Thousand Dollars ($85,000). (Public Transportation Commission) Resolution No. 305-99 ADOPTED Recommendation of the Finance and Labor Committee 990438 [Appropriation, Public Library] Supervisor Teng Ordinance appropriating $481,000, Public Library, of Public Library Preservation Funds, for the purchase of books and materials, installation of portable shelves at the Brooks Hall, development of back-up HVAC system, and purchase of a new video editing system, for fiscal year 1998-1999. (Public Library) (Fiscal impact; companion measure to File 990389.) Ordinance No. 86-99 FINALLY PASSED Recommendations of the Housing and Social Policy Committee 990386 [Grant - Federal, COPS-MORE ’98 Program] Resolution authorizing the Chief of Police of the City and County of San Francisco to accept retroactively, and expend funds in the amount of Eight Hundred Seventy-Eight Thousand Nine Hundred Twenty-Five Dollars ($878,925.00), excluding indirect costs not allowed under the program, for a project entitled the "Community Oriented Policing Services-Making Officer Redeployment Effective - ’98 (COPS-MORE ’98)", made available from the United States Department of Justice’s Office of Community Oriented Policing Services, and agreeing to provide a cash match in the amount of Two Hundred Ninety-Two Thousand Nine Hundred Seventy-Six Dollars ($292,976.00). (Police Commission) (Companion measure to File 990387.) Resolution No. 303-99 ADOPTED 990387 [Gift Acceptance - Police Department] Resolution authorizing the Chief of Police of the City and County of San Francisco to accept and expend funds on behalf of the San Francisco Police Department, in the amount of Forty-Four Thousand Three Hundred Twenty-Five Dollars ($44,325), as a gift from the Koret Foundation through a grant to SocialTech, Inc. to be used as matching funds for the COPS-MORE ’98 Federal Grant Program to purchase TRAK (Technology to Recover Abducted Kids) systems. (Police Commission) (Companion measure to File 990386.) Resolution No. 304-99 ADOPTED 990484 [Grant - State] Resolution authorizing the Sheriff’s Department, Adult Probation, and Juvenile Probation Department of the City and County of San Francisco to apply for, retroactively, accept and expend $625,500.00 in funds from the State of California Board of Corrections for the Standards and Training of Local Corrections and Probation Officers Programs; stipulating adherence to standards for recruitment and training established by the Board of Corrections, waiving indirect costs. (Sheriff) Resolution No. 279-99 ADOPTED 990541 [Grant - Federal] Resolution authorizing the Mayor’s Criminal Justice Council to accept, retroactively, and expend funds in the amount of $150,000 from the U.S. Department of Justice, Office of Justice Programs (OJP), to support the implementation of San Francisco’s Community Court Initiative. (Mayor) Resolution No. 306-99 ADOPTED 990568 [Grant - Private, Comic Relief, Inc.] Resolution authorizing the Department of Public Health, Community Health Network, to accept retroactively and expend a grant in the amount of $40,000 from Comic Relief, Inc. for the homeless program; providing for ratification of action previously taken. (Department of Public Health) Resolution No. 307-99 ADOPTED Recommendation of the Rules Committee 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.) Supervisor Ammiano requested to be added as co-sponsor. Ordinance No. 83-99 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 2 - Brown, Teng REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 990663 [Findings - 2161 Sutter Street] Motion adopting findings related to the appeal of the Planning commission’s approval of Conditional Use Application No. 98.809C, authorizing the establishment of an 18-bed residential care facility (defined by Planning Code Section 790.50 as Other Institution, Large) for ambulatory mentally disordered adults in an NC-2 (Small-scale Neighborhood Commercial) District within a 50-X Height and Bulk District, on property located at 2161 Sutter Street; Lot 5 in Assessor’s Block 682. (Board of Supervisors) Motion No. M99-44 APPROVED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki Noes: 1 - Yee Absent: 1 - Brown Appointment of President Pro Tempore At the request of the President, Supervisor assumed the Chair so the President could participate in the debate from the floor concerning the following two items. Recommendations of the Finance and Labor Committee 990212 [Appropriation, Fire Department] Mayor Ordinance appropriating retroactively $1,685,431, Fire Department, from General Fund Reserve to fund the increases cost of providing emergency medical service (911) and for training Fire Department staff in the use of the new emergency communications system and automated information system and providing for the creation of 18 positions for fiscal year 1998-1999. (Fiscal impact; Companion measure to File 990213.) Ordinance No. 84-99 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki Noes: 1 - Yee Absent: 1 - Brown 990213 [Public Employment] Mayor Ordinance amending Ordinance No. 243-98 (Annual Salary Ordinance, 1998-1999) reflecting the creation of 18 positions retroactively, at the Fire Department. (Fiscal impact; Companion measure to File 990212.) Ordinance No. 85-99 FINALLY PASSED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki Noes: 1 - Yee Absent: 1 - Brown The President resumed the Chair. NEW BUSINESS Recommendations of the Audit and Government Efficiency Committee 990396 [Settlement of Lawsuit] Ordinance authorizing settlement of the litigation of Yellow Cab Cooperative, Inc. v. Board of Appeals, et al., and Luxor Cabs, Inc. v. San Francisco Police Commission et al., by execution of the settlement agreement on file herein. (City Attorney) (Yellow Cab Corporation v. Board of Appeals, Superior Court No. 995-839; Luxor Cabs, Inc. v. S.F. Police Commission, Superior Court No. 995-896.) NOT PASSED ON FIRST READING by the following vote: Ayes: 1 - Kaufman Noes: 9 - Ammiano, Becerril, Bierman, Katz, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 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 Section 54956.9(a) regarding the above litigation: Supervisor Newsom, seconded by Supervisor Teng, moved ADOPTION to convene in closed session. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Recess The Board recessed at the hour of 2:47 p.m. to convene in closed session pursuant to above motion. Reconvening of the Board The Board, at the hour of 3:15 p.m., reconvened. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board has met in closed session with the City Attorney regarding above pending litigation, as permitted by Government Code Section 54956.9(a ). The meeting was informational only and no action was taken. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the above matter. Supervisor Yaki, seconded by Supervisor Yee, moved ADOPTION to not disclose its closed session deliberations. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990407 [Administrative Code Revision] Supervisors Kaufman, Newsom, Becerril Ordinance amending Administrative Code Section 1.6 (corporate seal), Section 1.6-1 (official key), Section 1.29 (voting requirements for commissions) and Section 1.50 (city officers); by repealing Section 1.2-1 (gender neutral legislation). Section 1.4 (Flags at half-mast on Good Friday); Sections 1.6-A and 1.6-B (corporate seal), Section 1.6-2 (use of official key), Section 1.8 (propagation of game birds on City property), Section 1.17 (use of City property for decoration), Section 1.18 (maintenance of Junipero Serra birthplace), Section 1.21 (termination of project or program authorized by Board), Section 1.23 (response to Board inquiries, Section 1.28 (contracts of one million dollars or more), Section 1.32 (credibility of petitions), Section 1.37 (licensing Muni transit software), and Section 1.55 (spur tracks); by adding a new Section 1.24, authorizing the Risk Manager to approve hold harmless agreements, and by repealing Sections 1.24, 1.24.1, 1.25, 1.25-1, 1.25-2, 1.25-3, 1.25-4, 1.25-5, 1.25-6, 1.25-7,1.25-8, 1.26, 1.26-1, 1.31, 1.35, 1.36, 1.38,1.39, 1.40, 1.41, 1.42, 1.43, 1.44, 1.45, 1.46, 1.47 and 1.48 (authorizing various hold harmless agreements). (Amends Sections 1.6, 1.6-1, 1.29, 1.50; Repeals Sections 1.2-1, 1.4, 1.6-A, 1.6-B, 1.6-2, 1.8, 1.17, 1.18, 1.21, 1.23, 1.28, 1.32, 1.37, 1.55; Adds Section 1.24; Repeals Sections 1.24, 1.24.1, 1.25, 1.25-1, 1.25-2, 1.25-3, 1.25-4, 1.25-5, 1.25-6, 1.25-7,1.25-8, 1.26, 1.26-1, 1.31, 1.35, 1.36, 1.38,1.39, 1.40, 1.41, 1.42, 1.43, 1.44, 1.45, 1.46, 1.47 and 1.48.) Supervisor Becerril requested to be added as co-sponsor. Ordinance No. 98-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990214 [Estate of Zygmunt Arendt] Supervisor Yee Resolution authorizing the Department of Human Services to submit its proposed plan for the administration of the Arendt estate, through the Public Administrator, to the Probate Court for approval. Resolution No. 302-99 ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Recommendations of the Finance and Labor Committee 981443 [Taxi Permit Fee Adjustments] Supervisor Newsom Ordinance amending Police Code Sections 2.26.1 and 2.27.1 to adjust permit and license fee schedules for motor vehicles for hire and to give a 50-percent discount for four years on permit fees for taxicabs and ramped taxicabs operating on compressed natural gas and amending Sections 1080, 1088 and 1125 to include fees authorized by those sections in permit and license fee schedules for motor vehicles for hire. (Amends Sections 2.26.1, 2.27.1, 1080, 1088, and 1125.) Ordinance No. 88-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990299 [Taxes Due Dates] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 12-B, by amending Section 1009 providing that taxes shall be due and payable on the first day of January each year, providing that taxes shall become delinquent if not paid on or before the last day of February of such year; requiring installment payments of taxes in excess of $2,500; and imposing a monthly penalty of 5 percent on delinquent taxes, up to 20 percent in the aggregate. (Amends Section1009.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 89-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990300 [Taxes, Authority to Examine Records] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.4-1, permitting the Tax Collector to inspect, examine and copy the records of taxpayers. (Amends Section 6.4-1.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 90-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990301 [Stadium Tax] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.4-2, providing that all amounts of stadium operator admission taxes are generally due and payable to the tax collector within five days after the taxable event, and requiring stadium operators to file returns within the time limits set forth in Section 304 of Article 11 of Part III of the San Francisco Municipal Code. (Amends Section 6.4-2.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 91-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990302 [Taxes, Facilitation of Refunds] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.15-1, permitting the Tax Collector to waive the requirement that a taxpayer file a verified claim in writing stating the grounds upon which a claim for refund is founded where the Tax Collector determines that (1) an amount of tax, interest or penalty has been overpaid, or has been erroneously collected by San Francisco under Part III of the Municipal Code, and (2) all other conditions precedent to the payment of the refund have been satisfied. (Amends Section 6.15-1.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 92-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990303 [Taxes, Penalty for Failure to Pay Tax] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.17-1, imposing a monthly penalty of five percent (5%) of the amount of a delinquent tax (up to a maximum of twenty percent (20%)) and imposing an additional penalty of twenty percent (20%) of the portion of any such tax that remains unpaid after the 90-day period commencing upon the date the taxpayer is notified of such delinquency. (Amends Section 6.17-1.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 93-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990304 [Taxes, Negligence Penalties] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.17-3, imposing a penalty equal to the annual fee for obtaining a registration certificate set forth in Section 1007(A) of Article 12-B of Part III of the San Francisco Municipal Code upon any person who fails to properly register, or fails to comply with a rule or regulation of the Tax Collector; imposing a penalty in the amount of $100 on persons for each occurence of a failure to file a return required under Part III of the Municipal Code on or before the date prescribed for filing; and imposing a penalty of $500 for each a failure to allow a full inspection of records pursuant to a request of the Tax Collector. (Amends Section 6.17-3.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 94-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990305 [Taxes, Other Negligence Penalties] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 6 (Revenue and Finance/Business Regulations), by amending Section 6.17-2, imposing a monthly penalty of five percent (5%) of the amount of a underreported tax (up to a maximum of twenty percent (20%)0, where such underreporting is due to negligence or intentional disregard of the rules and regulations. (Amends Section 6.17-2.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 95-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990306 [Taxes, Definition of Builder/Developer] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 12-B (Revenue and Finance/Business Regulations), by amending Section 1002.15(A)(3), providing that a person shall be deemed to be engaged in the business of developing and selling real property if such person constructs an apartment house or commercial building. (Amends Section 1002.15(A)(3).) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 96-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990307 [Taxes, Registration Certificate Delinquency Date] Supervisors Kaufman, Newsom Ordinance amending Municipal Code, Part III, Article 12-B (Revenue and Finance/Business Regulations), by amending Section 1007(C), providing that the renewal fee for the annual registration certificate shall become delinquent if not paid on or before the end of October of each year. (Amends Section 1007(C).) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 97-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990408 [Taxes, Application of Partial Payments] Supervisors Kaufman, Newsom Ordinance amending San Francisco Municipal Code, Part III, by amending Section 6.9-7 providing that partial payments shall be applied first to interest, penalties and costs for that year, and the balance, if any, shall be applied to taxes due for that year. (Amends Section 6.9-7.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 99-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990565 [Budget Analyst Review, PUC Management Contracts] Supervisor Ammiano Motion directing the Board of Supervisors Budget Analyst to review the proposed Public Utilities Commission’s capital improvement program management contract. Motion No. M99-38 APPROVED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Recommendations of the Small Business, Economic Vitality and Consumer Services Committee 990188 [Coffee Shops in West Portal Neighborhood Commercial District] Supervisor Newsom Ordinance amending Planning Code by amending Section 790.102 to modify the definition of "Sales and Services, Other Retail" by allowing, as a conditional use, a limited exception to the prohibition on the use of cooking equipment and on-site food preparation not connected with beverage preparation for retail beverage stores in the West Portal Neighborhood Commercial District (NCD). (Planning Department) (Amends Section 790.102; Planning Resolution No. 14774 adopted January 28, 1999 recommending the proposed amendment; General Rule Exclusion dated January 21, 1999.) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown 990569 [Liquor License Modification, McLean Breweries, Inc.,] Resolution approving the request of removing conditions imposed on the conditional alcoholic beverage license for McLean Breweries, Inc., dba Magnolia Pub & Brewery, located at 1398 Haight Street, in accordance with Section 23803 of the California Business and Professions Code with a condition. (Government Agency) Resolution No. 308-99 ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Bob Planthold, support restricting cell phone use in car , oppose taxi cab settlement; Ernestine Weiss, oppose 18 foot high "foot" sculpture; J. B. Saunders, the Black American Community; John Orstuer, shelter; Jakkee Bryson, weekly shelter hell report, access appeal hearing concerning Episcopal Sanctuary Shelter; Anita Carswell, health care (food products) of Gerald Livernois in jail; Betty Best, health care treatment of Gerald Livernois in jail. Speaking in opposition of UC Stanford health care worker layoff: Richard Ow, Shirley Bierly, Jo Urdale, Male speaker, Female speaker, Roman Abad, Spike Kahn, Daniel Martin, Kevin, Mary Higgins, Susan Ciutat, Fred Alvarez, Jean Pauline, Male speaker. 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. 990629 [State legislation, AB 222, The Dignity for All Students Act] Supervisors Leno, Katz, Ammiano, Bierman, Newsom, Yaki Resolution urging the California State Legislature and Governor Davis to approve Assembly Bill 222, the Dignity for All Students Act. Supervisor Yaki requested to be added as co-sponsor. Resolution No. 309-99 ADOPTED 990630 [State Legislation, SB 16, Prevailing Wage Protection] Supervisors Newsom, Ammiano, Katz Resolution supporting SB 16, which codified prevailing wage protection for public works projects in California. Supervisors Ammiano, Katz requested to be added as co-sponsors. Resolution No. 310-99 ADOPTED 990631 [First Family Pledge] Supervisors Newsom, Leno, Katz, Teng, Yaki, Yee, Ammiano, Kaufman, Becerril, Brown, Bierman Resolution urging San Franciscans to take the First Family Pledge in support of organ and tissue donation. Resolution No. 311-99 ADOPTED 990632 [Federal Legislation, HR 982, S 227, S 5, Needle Exchange Funds] Supervisors Newsom, Bierman, Ammiano, Katz Resolution opposing federal legislation, including H.R. 982; S. 227 and Section 3005 of S. 5, otherwise known as the "Drug-Free Century Act", which would prohibit federal funding from directly or indirectly supporting needle exchange. Supervisors Ammiano, Katz requested to be added as co-sponsors. Resolution No. 312-99 ADOPTED 990633 [Budget Augmentation, Child Care Subsidies] Supervisors Teng, Bierman, Ammiano, Yaki, Katz Resolution supporting the proposed $300 million budget augmentation in the Senate Budget and Fiscal Review for child care subsidies for low-income working families. Supervisors Ammiano, Yaki, Katz requested to be added as co-sponsors. Resolution No. 313-99 ADOPTED 990634 [Federal Investigation] Supervisor Yee Resolution urging United States Attorney General Janet Reno, the United States Justice Department and United States Energy Secretary Bill Richardson to immediately launch a fair, impartial investigation to find the truth about Dr. Wen Ho Lee. Resolution No. 314-99 ADOPTED 990635 [Tenderloin Elementary School Vietnamese Bilingual Program] Supervisors Yee, Ammiano, Katz Resolution urging the San Francisco Unified School District to implement a Vietnamese bilingual education program at Tenderloin Elementary School. Supervisors Ammiano, Katz requested to be added as co-sponsors. Resolution No. 315-99 ADOPTED 990636 [Proclamation] Supervisors Ammiano, Newsom, Katz Resolution declaring Monday, April 5, 1999 as BART and American Red Cross Earthquake Preparedness Day in San Francisco. Supervisors Newsom, Katz requested to be added as co-sponsors. Resolution No. 316-99 ADOPTED 990637 [Lease of Van, Delancey Street Foundation] Supervisors Becerril, Bierman Resolution authorizing the Director of the Mayor’s Criminal Justice Council to lease a Chevrolet Astro passenger van, V.I.N. 1GNDM19W4XB129948, to the Delancey Street Foundation, for a period of seven years (renewable thereafter at the discretion of the Director, Mayor’s Criminal Justice Council) for the hereafter mentioned purposes, for the amount of one dollar ($1.00) per annum, payable in full at lease inception, and requiring the Delancey Street Foundation to maintain insurance coverages, including the City and County as named insured, which shall be approved by the City and County’s risk manager, and the maintenance of such insurance being an express condition of this lease. Supervisor Bierman requested to be added as co-sponsor. Resolution No. 317-99 ADOPTED 990638 [State Legislation, AB 16, In-Home Supportive Services] Supervisors Bierman, Leno, Newsom, Katz Resolution supporting Assembly Bill 16, In-home Supportive Services, which requires the State of California to share with the counties the cost of in-home supportive service wages above the State minimum wage at the same sharing ratio paid for all other IHSS costs, and urging its passage by the State Legislature with adequate funding. Supervisor Katz requested to be added as co-sponsor. Resolution No. 301-99 ADOPTED 990640 [Grant, Federal Funds] Supervisor Katz Resolution authorizing the Director of Public Works and the Executive Director of the Department of Parking and Traffic to apply for, accept and expend up to $2,976,264 in Federal Surface Transportation Program/Congestion Management and Air Quality Improvement Program funds with required local matching funds of $342,270 for transportation capital projects. (Pavement renovation project of Lake Merced Boulevard/Golden Gate Park Kezar Drive Path/Lincoln Way/Kezar Drive/3rd Avenue and Panhandle Path improvements/Brotherhood Way/Alemany Boulevard/Orizaba Avenue Intersection project.) Resolution No. 318-99 ADOPTED 990642 [Commendation] Supervisors Leno, Ammiano, Yee, Bierman, Teng, Brown, Newsom, Katz, Becerril Resolution commending the Glen Park Association for its plan to negotiate a replacement tenant to occupy the lot commonly known as 2815 Diamond Street in order to provide appropriate services to the Glen Park neighborhood. Resolution No. 319-99 ADOPTED 990643 [Commendation] Supervisors Leno, Newsom, Bierman, Katz Resolution commending Kampaign Kidz for their efforts to identify safe havens for all children in San Francisco and urging all City departments to direct their employees to assist all persons, especially children, who are in need of any emergency services. Supervisors Bierman, Katz requested to be added as co-sponsors. Resolution No. 320-99 ADOPTED 990644 [Commendation] Supervisors Leno, Teng, Bierman, Newsom, Yaki, Katz Resolution commending Sandra Akiko Ouye Mori for being honored by Assemblyman Kevin Shelley as the California Assembly’s Woman of the Year from the 12th Assembly District. Supervisors Newsom, Yaki, Katz requested to be added as co-sponsors. Resolution No. 321-99 ADOPTED 990645 [Commendation] Supervisors Teng, Yaki, Brown, Leno, Newsom, Katz, Yee, Bierman, Kaufman, Ammiano, Becerril Resolution commending "Asian Pacific American Heritage Month," and declaring May 1999 as "Asian Pacific American Heritage Month" in the City and County of San Francisco. Supervisors Kaufman, Ammiano, Becerril requested to be added as co-sponsors. Resolution No. 322-99 ADOPTED 990646 [Commendation] Supervisors Brown, Becerril, Leno, Bierman Resolution commending Dr. Donald E. Green on his consecration as Bishop. Resolution No. 323-99 ADOPTED 990647 [Proclamation] Supervisors Katz, Ammiano, Leno, Bierman, Newsom, Teng, Becerril Resolution declaring April 1999 as STD (Sexually Transmitted Disease) Awareness Month. Supervisors Ammiano, Leno, Bierman, Newsom, Teng, Becerril requested to be added as co-sponsors. Resolution No. 324-99 ADOPTED 990655 [Proclamation] Supervisors Kaufman, Bierman, Newsom, Becerril, Yaki, Katz Resolution recognizing California Poets in the Schools’ 35-year history of providing excellent arts education to San Francisco students and proclaiming April 27, 1999, California Poets in the Schools (W)rap the Bay Day. Supervisors Bierman, Newsom, Becerril, Yaki, Katz requested to be added as co-sponsors. Resolution No. 325-99 ADOPTED 990619 [Final Map, 701 Pennsylvania Avenue] Motion approving final map of 701 Pennsylvania Avenue, a Live/Work Condominium Project, being a subdivision of Lot 14 in Assessor’s Block No. 4168, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works) (DPW Order No. 171,622.) Motion No. M99-39 APPROVED 990656 [Finance and Labor Committee Off-Site Meetings] Supervisors Yee, Ammiano, Bierman, Newsom Motion setting special off-site meetings of the Finance and Labor Committee for the purposes of receiving community input on the City and County of San Francisco’s 1999-2000 Budget. April 27, 1999; 7 pm-9 pm, Ella Hill Hutch Community Center. April 28, 1999; 7 pm-9 pm, Bayview Police Station. April 29, 1999; 7 pm-9 pm, Presidio Middle School. May 1, 1999; 12pm-2 pm, Jean Parker Elementary School. May 4, 1999; 7 pm-9 pm, Alvarado Elementary School. May 5, 1999; 7 pm-9 pm, Newcomer High School. May 6, 1999; 7 pm-9 pm, Robert L. Stevenson Elementary School. Supervisor Newsom requested to be added as co-sponsor. Motion No. M99-40 APPROVED 990657 [Suspend 30 Day Rule] Supervisors Teng, Bierman Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to consider, without waiting 30 days after its introduction, resolution creating the Edgehill Mountain Slope Hazard Area, which is generally bounded by Garcia Avenue, Vasquez Avenue, Kensington Way and Ulloa Street and traversed by Edgehill Way; imposing an order prohibiting action on applications for permits or other land use entitlements, subject to specific exemptions, in the Edgehill Mountain Slope Hazard Area while the Board of Supervisors considers adoption of Interim Zoning Controls to protect the Edgehill Mountain Slope Hazard Area; and making a finding of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman requested to be added as co-sponsor. Motion No. M99-41 APPROVED 990658 [Suspend 30 Day Rule] Supervisors Teng, Bierman Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to consider, without waiting 30 days after its introduction, resolution creating the Edgehill Mountain Slope Hazard Area, which is generally bounded by Garcia Avenue, Vasquez Avenue, Kensington Way and Ulloa Street and traversed by Edgehill Way; imposing Interim Zoning Controls for eighteen (18) months in the Edgehill Mountain Slope Hazard Area to prohibit the approval of permits or other land use entitlements, subject to specific exemptions, for property in the Edgehill Mountain Slope Hazard Area; and making a finding of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman requested to be added as co-sponsor. Motion No. M99-42 APPROVED 990659 [Needle Exchange Emergency] Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Yee, Leno, Becerril 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. M99-43 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Severed from For Adoption Without Committee Reference Agenda 990639 [Cell Phone Use in Car Restriction] Supervisor Brown Resolution urging the Board of Supervisors of the City and County of San Francisco to support efforts to restrict cell phone use in cars. Supervisor Bierman requested this item be severed for the purpose of referring it to committee. SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. REFERRED to the Housing and Social Policy Committee. 990641 [Grant, State Funds] Supervisor Katz Resolution authorizing the Director of Public Works and the Executive Director of the Department of Parking and Traffic to execute documents necessary to apply for, accept and expend $506,895 of Transportation Development Act (TDA) Article 3 Funds for bicycle and pedestrian projects for FY 1999-2000 and reallocating $20,000 in prior year (FY 1996-1997) funds. Supervisor Katz requested this item be severed for the purpose of referring it to committee. SEVERED FROM CONSENT AGENDA. REFERRED to the Transportation and Land Use 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 Teng, seconded by Supervisor Yaki, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown [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 Teng, seconded by Supervisor Yaki, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown Imperative Resolution 990688 [Commendation] Supervisors Leno, Kaufman, Bierman, Newsom, Katz Resolution commending the Breast Cancer Fund for its efforts to end breast cancer and to ensure that all women receive the best medical care, support, services and information available. Resolution No. 326-99 ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Brown OFF-CALENDAR LEGISLATION Introduced by Supervisors or Mayor Ordinances 990682 [Park Code, Alcoholic Beverages] Supervisor Brown Ordinance amending Park Code Section 4.10 to add Buena Vista Park to the parks in which alcohol consumption is prohibited without a permit. (Amends Section 4.10.) 4/12/99, ASSIGNED UNDER 30 DAY RULE to Parks and Recreation Committee, expires on 5/12/1999. 990689 [Public Notice, Liquor License Hearings] Supervisor Yee Ordinance amending Administrative Code by adding Section 2.6-7 requiring public notification of Board of Supervisors hearings regarding liquor licenses. (Adds Section 2.6-7.) 4/12/99, ASSIGNED UNDER 30 DAY RULE to Small Business, Economic Vitality and Consumer Services Committee, expires on 5/12/1999. 990690 [City Hall License, Filming and Tour Fees] Supervisors Kaufman, Ammiano Ordinance amending Administrative Code by adding Section 4.1-2 to authorize the Department of Administrative Services to charge fees for short term licenses, filming activities and tours in City Hall. (Adds Section 4.1-2.) 4/12/99, ASSIGNED UNDER 30 DAY RULE to Finance and Labor Committee, expires on 5/12/1999. Resolutions 990684 [1999 Affordable Housing Bond Sale] Supervisors Bierman, Ammiano, Brown, Katz Resolution authorizing and directing the sale of not to exceed $20,000,000 City and County of San Francisco taxable general obligation bonds (Affordable Housing) Series 1999A; prescribing the form and terms of said bonds; authorizing the execution, authentication and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; approving the forms of official notice of sale of bonds and notice of intention to sell bonds; directing the publication of notice of sale and notice of intention to sell bonds; approving the form and execution of the official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to city officials to take necessary actions in connection with the authorization, issuance sale and delivery of said bonds. 4/12/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 378-99 990691 [Street Artist Temporary Selling Spaces] Supervisor Teng Resolution designating eleven temporary selling spaces on Hyde Street, west side, Beach to Jefferson Streets, for street artists certified by the Art Commission, City and County of San Francisco; designation commencing with displacement of twenty-one spaces on Hyde Street, east side, Beach to Jefferson Streets, due to renovation of Haslett Warehouse (Wharfside Building); exempting said eleven spaces on Hyde Street, west side, Beach to Jefferson Streets, from the provisions of Police Code Section 2405(C)(16) requiring street artists to maintain a minimum of ten feet of passageway for pedestrians; and terminating said eleven spaces on Hyde Street, west side, Beach to Jefferson Streets, upon completion of renovation of Haslett Warehouse and restoration of said twenty-one spaces on Hyde Street, east side, Beach to Jefferson Streets. 4/12/99, RECEIVED AND ASSIGNED to Small Business, Economic Vitality and Consumer Services Committee. 990683 [Grant Funds, Citizens Option for Public Safety (COPS)] Supervisors Brown, Becerril, Teng Resolution authorizing the Mayor’s Criminal Justice Council (MCJC) to accept and expend $718,758 in State Citizen’s Options for Public Safety (COPS) funds to fund the San Francisco Police Department’s crime lab. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 344-99 990692 [Year of the Dragon] Supervisors Teng, Bierman, Brown, Katz, Becerril Resolution urging the United States Postal Service to choose San Francisco as the site for the dedication ceremony for the"Year of the Dragon" stamp. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 347-99 990693 [Great Gas Out] Supervisors Yaki, Ammiano, Leno, Bierman, Brown, Katz, Teng Resolution urging the residents of the City and County of San Francisco to participate in the "Great Gas Out" on April 30, 1999 to protest the skyrocketing cost of gasoline. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 348-99 990694 [Tobacco Settlement Funds] Supervisors Yaki, Bierman Resolution urging U.S. Representatives to support Senate tobacco language in the 1999 Supplemental Appropriations Bill. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 349-99 990695 [Tobacco and Alcohol Advertising] Supervisors Yee, Newsom, Ammiano, Becerril, Bierman, Brown, Katz, Teng Resolution supporting the elimination of tobacco and alcohol advertising that targets children, urging the alcohol and tobacco industries to protect children through compliance in eliminating alcohol and tobacco promotional items and advertising placement in forums and venues where children have access, and proclaiming April 28, 1999 "Childproof Advertising Day." 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 350-99 990696 [UCSF Stanford Health Care Layoffs] Supervisors Ammiano, Bierman, Teng, Leno, Katz, Brown Resolution opposing layoffs at UCSF Stanford Health Care and urging the investigation of $10.7 million operating deficit and full disclosure of UCSF Stanford Health Care Board meeting minutes, and calling for a moratorium of further layoffs and the transfer of assets and services until completion of a full investigation and further urging the establishment of a task force consisting of labor, management and community to investigate alternatives to layoffs, staff cuts and the transfer of public assets to a private entity. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 351-99 990697 [Investigation Request] Supervisors Ammiano, Katz, Leno Resolution directing the Clerk of the Board draft a letter of inquiry to Senators Dianne Feinstein and Barbara Boxer and Congresswoman Nancy Pelosi to investigate the denial of contracts to Davies Medical Group and the denial of the enrollment of seven gay and lesbian physicians into Brown and Toland Medical Group. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 352-99 990698 [State Legislation, SB 218, Domestic Violence] Supervisors Becerril, Bierman, Kaufman, Brown, Katz, Teng, Ammiano Resolution urging the California State Legislature and Governor Davis to approve State Senate Bill 218, enhancing protections for victims of domestic violence and increasing penalties for offenders. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 353-99 990699 [Census Data, Use of Accuracy and Coverage Evaluation] Supervisor Becerril Resolution urging the United States Congress to support the use of federal funding for an undercount accuracy survey (statistical sampling) and to defeat bills that would disallow such use in order to ensure a more accurate count in the 2000 Census. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 354-99 990700 [Crossing Signals Installation] Supervisors Kaufman, Katz, Teng, Ammiano Resolution urging the Department of Parking and Traffic to install crossing signals at the corners of Van Ness and McAllister Streets and Van Ness and Grove Streets to facilitate safer access to Civic Center buildings. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 355-99 990701 [Week of the Young Child] Supervisors Teng, Leno, Bierman Resolution honoring the National Association for the Education of Young Children (NEAYC) for their outstanding work on behalf of young children and their families, and declaring the week of April 19, 1999, the "Week of the Young Child" in San Francisco. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 356-99 990702 [Commendation] Supervisors Teng, Leno, Kaufman, Katz, Becerril, Newsom, Yaki, Brown, Ammiano, Bierman, Yee Resolution commending Mrs. F. Warren Hellman on the occasion of her eight year tenure as Chair of the San Francisco Ballet Board of Trustees, and declaring April 8, 1999, to be "Mrs. F. Warren Hellman Day" in San Francisco. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 357-99 990703 [Proclamation] Supervisors Yee, Ammiano, Bierman, Newsom, Brown, Katz, Teng Resolution honoring the San Francisco State University Child Study Center’s 29 years of community service and proclaiming April 21, 1999, San Francisco State University Child Study Center Day and honoring Carol Fields and Kate Danforth for their dedication and community service to the center. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 358-99 990704 [Commendation] Supervisors Ammiano, Bierman, Katz, Teng, Becerril Resolution commending Dr. Bob Prentice for his years of outstanding service to the City’s poor and uninsured residents in the San Francisco Department of Public Health. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 359-99 990705 [Commendation] Supervisors Brown, Bierman, Katz, Teng Resolution commending Dr. Julianne Malveaux on her outstanding achievements and distinguished career. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 360-99 990710 [Port Chicago Disaster] Supervisors Kaufman, Bierman, Brown, Katz, Teng Resolution urging President William Jefferson Clinton and the members of the United States Congress to exonerate the 50 African American sailors convicted of mutiny in the Port Chicago disaster. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 361-99 Requests for Hearing 990706 [Letterman Hospital Development] Supervisor Newsom Hearing on the anticipated effects of developing Letterman Hospital, on national park land. 4/12/99, RECEIVED AND ASSIGNED to Parks and Recreation Committee. 990707 [San Francisco General Hospital Pharmacy Closure] Supervisor Katz Hearing to consider the impact of the closure of the San Francisco General Hospital pharmacy. 4/12/99, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Motions 990651 [Board Off-Site Meeting, October 4, 1999] Supervisor Yaki Motion requesting the Board of Supervisors hold their regularly scheduled meeting of October 4, 1999 in the Richmond District at Presidio Middle School. 4/5/99, RECEIVED AND ASSIGNED to Rules Committee. 4/12/99, SUBSTITUTED. SUBSTITUTED by Supervisor Yaki in Board, bearing new title. 4/12/99, ASSIGNED to Rules Committee. 990708 [Parks and Recreation Committee Off Site Meeting] Supervisors Newsom, Brown, Leno Motion motioning for the San Francisco Board of Supervisors Parks and Recreation Committee to hold a special joint off site meeting with the Recreation and Park Commission Plans and Programs Committee at Marina Middle School on May 18, 1999. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion No. M99-45 990709 [Waiving 30 Day Rule] Supervisor Ammiano Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to allow the Board of Supervisors to consider, without waiting 30 days after its introduction, a lease by the City and County of San Francisco, for the Department of Public Health, as tenant, and Michael J. Bovo and Associates, Inc., as landlord, for the "Windsor Hotel" located at 238 Eddy Street. 4/12/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion No. M99-46 Introduced by the President at the Request of Departments PROPOSED ORDINANCES 990621 [Weight Restriction, Portion of Monterey Boulevard] Ordinance amending Traffic Code by adding Section 28.1.105, establishing a weight restriction on a portion of Monterey Boulevard (Monterey Boulevard, between Ridgewood and Santa Clara Avenues). (Department of Parking and Traffic) (Adds Section 28.1.105.) 4/6/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990622 [Parking Regulations, Portion of Stanford Street] Ordinance amending Traffic Code by amending Section 32.6.19, regarding parking regulations on a portion of Stanford Street (2nd Street, west side, from Townsend Street to 100 feet northerly; Stanford Street, east side, from Townsend Street to 100 feet northerly; and Townsend Street, north side, between 2nd and Stanford Streets). (Department of Parking and Traffic) (Amends Section 32.6.19.) 4/6/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990660 [Landmark Designation, 2099 Pacific Avenue] Ordinance designating 2099 Pacific Avenue, Schubert Hall (Lot 23 in Assessor’s Block 591), as Landmark No. 224 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) (Planning Commission Resolution No. 14755 adopted December 17, 1998, approving the landmark designation; Landmarks Preservation Advisory Board Resolution No. 508 adopted November 4, 1998 initiating the landmark designation of the property and recommending Planning Commission approval; Final landmark designation report adopted November 4, 1998 by the Landmarks Preservation Advisory Board.) 4/6/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990661 [Landmark Designation, Golden Gate Bridge] Supervisor Kaufman Ordinance designating the Golden Gate Bridge (entire bridge structure beginning at the southern anchorage at the Presidio up to and including the north tower at the Marin County border), as Landmark No. 222 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) (Planning Commission Resolution No. 14754 adopted December 17, 1998, approving the landmark designation; Landmarks Preservation Advisory Board Resolution No. 507 adopted July 15, 1998 initiating the landmark designation of the property and recommending Planning Commission approval; Landmark designation report adopted July 15, 1998 by the Landmarks Preservation Advisory Board.) 4/6/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990667 [Appropriation, Dept. of Building Inspection] Ordinance appropriating $1,490,724, Department of Building Inspection, of Building Inspection fund balance for professional services and equipment purchases including equipment and upgrades for Y2K compliance and improvements to the Department’s local area network, for fiscal year 1998-1999. (Department of Building Inspection) (Fiscal impact.) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990668 [Appropriation, Planning Department] Ordinance appropriating $541,530, Planning Department, for professional services and equipment purchase including computer upgrades for fiscal year 1998-1999. (Planning Department) (Fiscal impact.) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990669 [Appropriation, Dept. of Public Works] Ordinance appropriating $146,195, Department of Public Works, for a capital improvement project (installation of two traffic signals) to cover ten percent (10%) overage as per Charter Section 7.203, providing for ratification of action previously taken, for fiscal year 1998-1999. (Department of Public Works) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990671 [SEIU Equity Pay, Fiscal Year 1999-2000] Supervisors Brown, Teng Ordinance implementing an agreement adjusting the compensation of certain classifications pursuant to the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Locals 790, 535 and 250 and the City and County of San Francisco, to be effective July 1, 1999. (Department of Human Resources) (Fiscal impact.) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990675 [Street Vacation, Portion of Willow Street] Ordinance ordering the vacation of the public street easement over a portion of Willow Street between Franklin and Gough Streets, and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. PROPOSED RESOLUTIONS 990617 [Lease of Property] Resolution authorizing a 40-year lease of Water Department land between the City and County of San Francisco and Cisco Systems, Inc., in Santa Clara County (City of Milpitas). (Public Utilities Commission) 4/1/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990620 [Grant - Federal] Resolution authorizing the Department of Public Health, Population Health and Prevention, to accept retroactively and expend a grant in the amount of $49,719 from Substance Abuse and Mental Health Services for the "Bridging the Gap" conference and to enter into an agreement which does not include patent infringement indemnification and false claims clauses; providing for ratification of action previously taken and waiving indirect cost. (Department of Public Health) 4/5/99, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 990662 [Grant - State] Resolution authorizing the Department of Human Services to retroactively accept and expend State general funds in the amount of $137,779 through the execution of a contract with the State of California Department of Education for participation by the City and County in the State’s Child Care and Development Program for the fiscal year 1998-1999. (Department of Human Services) 4/6/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Resolution No. 377-99 990664 [Stop Intersections] Resolution designating certain intersections as "Stop" intersections: STOP SIGNS - ESTABLISH 32nd Avenue and Ortega Street, northwest and southeast corners, stopping 32nd Avenue (makes this an all-way STOP) Alameda and Vermont Streets, northwest and southeast corners, stopping Vermont Street (makes this an all-way STOP) (Department of Parking and Traffic) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990665 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations: NO PARKING ANYTIME - REVOKE PARKING METER AREA NO. 3 (1-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Austin Street, north side, between Van Ness Avenue and Franklin Street (parking to be relocated to the north side) TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Austin Street, south side, between Van Ness Avenue and Franklin Street (parking to be relocated to the north side) PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Fairfax Avenue, north side, between Mendell and Keith Streets RESIDENTIAL PERMIT PARKING AREA "B" (2-HOUR TIME LIMIT, 9 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Wilson Street, both sides, between De Long and Rhine Streets (200 block) RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 7 AM - 7 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Downey Street, both sides, between Frederick and Waller Streets (unit block) Frederick Street, both sides, between Clayton and Downey Streets (200 block) RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Frederick Street, both sides, between Stanyan and Willard Streets (500 block) RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH 8th Avenue, both sides, between Judah and Kirkham Streets (1400 block) RESIDENTIAL PERMIT PARKING AREA "O" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH San Leandro Way, both sides, between Monterey and St. Francis Boulevards (100 block) RESIDENTIAL PERMIT PARKING AREA "R" (2-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH 956-958 Ellis Street, north side, between Van Ness Avenue and Franklin Street (adds specified addresses only) RESIDENTIAL PERMIT PARKING AREA "U" (1-HOUR TIME LIMIT, 8 AM - 10 PM, EVERYDAY) - ESTABLISH 1309 2 Harrison Street, south side, between 9th and Dore Streets (adds specified address only) RESIDENTIAL PERMIT PARKING AREA "V" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Grafton Avenue, both sides, between Harold and Lee Avenues (unit block) RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH De Haro Street, both sides, from 23rd Street to 432 feet northerly (432-foot zone, 1100 block) TOW-AWAY, NO PARKING ANYTIME - RESCIND Stanford Street, east side, between Brannan and Townsend Streets TWO-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY - ESTABLISH Indiana Street, east side, between Marin and Tulare Streets (Department of Parking and Traffic) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990666 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: BICYCLE LANES - ESTABLISH 7th Avenue, east curb lane (northbound), between Noriega and Lawton Streets Indiana Street, both curb lanes (both directions), between Cesar Chavez and Tulare Streets 14th Street, south curb lane (eastbound), between Dolores and Guerrero Streets LEFT LANE MUST TURN LEFT - RESCIND 14th Street, eastbound, at Guerrero Street ONE-WAY STREET - ESTABLISH Stanford Street, northbound, between Townsend and Brannan Streets TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 13th Street, south side, between Mission Street and South Van Ness Avenue TWO RIGHT LANES MUST TURN RIGHT - ESTABLISH 13th Street, eastbound, at South Van Ness Avenue TOW-AWAY, NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH Lincoln Way, north side, from a point 21 feet east of 14th Avenue to 76 feet westerly (76-foot zone, including curb space within the intersection opposite 14th Avenue) (Department of Parking and Traffic) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990672 [Lease Agreement, Port - Allright Cal., Inc.] Resolution approving lease agreement with Allright Cal., Inc. and the City and County of San Francisco operating by and through the San Francisco Port Commission to operate a surface parking lots at seawall lots 321, 323, 324 (collectively, Parcel 2) located at Embarcadero, Broadway and Green Streets. (Port) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990673 [Lease Agreement, Airport - South City Industrial Company, LLC] Resolution approving lease agreement for office/warehouse space at 245 South Spruce Avenue, South San Francisco, between South City Industrial Company, LLC, as lessor, and the City and County of San Francisco, acting by and through its Airport Commission, as lessee. (Airport Commission) 4/7/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 332-99 990674 [Street Vacation, Portion of Willow Street] Resolution declaring intention of the Board of Supervisors to vacate a portion of Willow Street between Franklin and Gough Streets, and setting the hearing date for all persons interested in the proposed vacation. (Real Estate Department) (Companion measure to Files 990675 and 990676.) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990676 [Sale, Portion of Willow Street] Resolution authorizing and approving the sale of a former portion of Willow Street between Franklin and Gough Streets (Assessor’s Block 737), and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) 4/7/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Requests Granted By Supervisor Newsom, that letter be sent to the City Attorney requesting research, and, if appropriate, drafting legislation which mimics the Contra Costa County’s Read 2000 plan to provide a library card to each and every second grade student and to promote a lifelong use of libraries. By Supervisor Newsom, that letter be sent to the San Francisco Art Commission, inquiring why the work on Lotta’s Fountain will not be completed in time for the 1906 Earthquake Survivors Celebration on April 18, 1999 and asking what the Commission will be able to offer for this celebration as an alternative to completing the work. By Supervisor Teng, that letter be sent to the Police Department regarding the beating of Hoover Middle School student Marlene Aiello on April 6, 1999 and requesting a report of the incident and that copies of this letter be sent to the Superintendent of Schools and the Principal of Hoover Middle School. By Supervisor Teng, that letter be sent to the Airport Commission requesting report on plans to expand ferry service to and from San Francisco International Airport. By Supervisor Katz, that letter be sent to the Police Department requesting review of various documents concerning what other jurisdictions are doing regarding pedestrian safety and report whether a similar program should be pursued in San Francisco. By Supervisor Leno, that letter be sent to the City Attorney requesting legislation be drafted amending the Administrative Code to allow San Francisco clergy to perform domestic partner ceremonies in a fashion that parallels the State laws that allow clergy to perform marriage ceremonies. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Madeleine Haas-Russell (By the entire Board) Craig Johnson (Supervisor Kaufman) Proctor Patterson Jones (Supervisor Kaufman) Mary Rathbun aka Brownie Mary (Supervisors Ammiano, Leno, Bierman) Mary Jane Hollen Kamp (Supervisor Katz, Kaufman) Jerome Carroll, Sr. (Supervisor Brown) ADJOURNMENT There being no further business, the Board at the hour of 4:58 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 May 10, 1999. 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. 05/14/99