Board of Supervisors Minutes: April 19, 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 19, 1999 6:00 PM Southeast Community Facility Special 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, Amos Brown, Leslie Katz, Barbara Kaufman, Mark Leno, Mabel Teng, Michael Yaki, Leland Y. Yee. Members Excused: None. Members Absent: Gavin Newsom. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in special session at the Southeast Community Facility on the above date with President Tom Ammiano presiding. The meeting was called to order at 6:02 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Bierman, Katz, Newsom, Teng, Yee - 5. Quorum present. Supervisor Bierman was noted present at 6:46 p.m. Supervisor Katz was noted present at 6:05 p.m. Supervisor Newsom was excused. (See infra.) Supervisor Teng was noted present at 6:55 p.m. Supervisor Yee was noted present at 6:03 p.m. Supervisor Newsom Excused from Attendance Supervisor Yaki, seconded by Supervisor Leno, moved to excuse Supervisor from attending today’s meeting. The motion carried by the following vote: Ayes: 6 - Ammiano, Becerril, Brown, Kaufman, Leno, Yaki Absent: 5 - Bierman, Katz, Newsom, Teng, Yee President Ammiano indicated that Supervisors Bierman and Teng will be late because they are at San Francisco State receiving awards for their support of the Yerba Buena Garden Project and for appropriating more funds for children. Privilege of the Floor Supervisor Kaufman, seconded by Supervisor Yaki, 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: 6 - Ammiano, Becerril, Brown, Kaufman, Leno, Yaki Absent: 5 - Bierman, Katz, Newsom, Teng, Yee Supervisor Kaufman introduced a representative from the Spiritual Assembly of the Baha’is of San Francisco, who thanked the Board of Supervisors for passing the historical legislation enacting the International Convention to Eliminate All Forms of Discrimination Against Women on April 13, 1998. Supervisor Brown introduced and presented a Certificate of Honor to the Director of the Southeast Community Facility, Mr. Toye Moses, for his involvement with the community. Mr. Moses thanked the Board and welcomed the Supervisors and the public to the facility and expressed his concerns regarding unemployment, the environment and seniors. Supervisor Brown introduced the following speakers who spoke of their concerns for the neighborhood; such as, sewer treatment plant, the bay view, jobs, small businesses: Mr. Andy Moran, Director, Public Utilities Commission;. Sophie Maxwell, Bayview Hunters Point PAC; Onnyx Walker, Community Activist and owner of Onnie’s Pie Company; Espanola Jackson, Community Activist and President of Bayview Compost. APPROVAL OF MEETING MINUTES Supervisor Kaufman, seconded by Supervisor Yaki, moved to approve the March 8, 1999 Meeting Minutes. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng CONSENT AGENDA Recommendations of the Audit and Government Efficiency Committee 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.) Ordinance No. 98-99 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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 FINALLY PASSED 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.) Ordinance No. 90-99 FINALLY PASSED 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.) Ordinance No. 89-99 FINALLY PASSED 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.) Ordinance No. 91-99 FINALLY PASSED 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.) Ordinance No. 92-99 FINALLY PASSED 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.) Ordinance No. 93-99 FINALLY PASSED 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.) Ordinance No. 94-99 FINALLY PASSED 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.) Ordinance No. 95-99 FINALLY PASSED 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).) Ordinance No. 96-99 FINALLY PASSED 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).) Ordinance No. 97-99 FINALLY PASSED 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.) Ordinance No. 99-99 FINALLY PASSED Recommendations of the Rules Committee 990361 [Appointments] Resolution appointing members to the Children and Families First Commission. (Rules Committee) (Appointing Virginia Smyly, new seat, Seat 1, must be Director of Public Health or his or her designee, for four year term to be determined by lot; Appointing Will Lightborne, new seat, Seat 2, must be General Manager of the Department of Human Services or his or her designee, for four year term to be determined by lot; Appointing Supervisor Mabel Teng, new seat, Seat 3, must be member of the Board of Supervisors, for four year term to be determined by lot; Appointing Deborah Alvarez-Rodriguez, new seat, Seat 4, must be Director of the Department of Children, Youth and Their Families or his or her designee, for four year term to be determined by lot; Appointing Margaret Brodkin, new seat, Seat 5; Appointing Frank Chong, new seat, Seat 6; Appointing Dr. Cheryl Polk, new seat, Seat 7; Appointing Dr. Francisco J. Ramos-Gomez, new seat, Seat 8; Appointing Dr. Nancy Torres, new seat, Seat 9; Seats 5 through 9, must be from among the following categories: persons responsible for management of the following county functions: children services, public health services; behavioral health services, social services and tobacco and other substance abuse prevention and treatment services; recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, the Child Care Planning and Advisory Council or another local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting and nurturing early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies, for four year terms to be determined by lot.) Resolution No. 335-99 ADOPTED 990368 [Appointments] Resolution appointing members to the Assessment Appeals Board 1. (Rules Committee) (Appointing Ronald Chun, new seat, Seat 4, must meet eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code, with initial term expiring on the first Monday in September 2000 or the first Monday in September 2001, as determined by random selection at a later date; Appointing Frank Mahoney, new seat, Seat 5, must meet eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code, with initial term expiring on the first Monday in September 2000 or the first Monday in September 2001, as determined by random selection at a later date.) Resolution No. 327-99 ADOPTED 990369 [Appointments] Resolution appointing members to Assessment Appeals Board 2. (Rules Committee) (Appointing Joanne McEachern, new seat, Seat 4, must meet eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code, with initial term ending on the first Monday in September 2000 or the first Monday in September 2001, as determined by random selection at a later date; Appointing John McGary, new seat, Seat 5, must meet eligibility criteria set forth in Section 1624.05 of the California Revenue and Taxation Code, with initial term ending on the first Monday in September 2000 or the first Monday in September 2001, as determined by random selection at a later date.) Resolution No. 328-99 ADOPTED 990685 [Appointment] Resolution appointing member to the Maternal Child Adolescent Health Board. (Rules Committee) (Appointing Lynn Ishida Barbaree, to succeed herself, Seat 17, must be nominee of Supervisor Teng, new three year term ending August 31, 2001.) Resolution No. 345-99 ADOPTED 990687 [Appointment] Resolution appointing member to the Sunshine Ordinance Task Force. (Rules Committee) (Appointing Sue Cauthen, new position, Seat 13, must be member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, new two year term ending April 27, 2001.) Resolution No. 346-99 ADOPTED Recommendations of the Transportation and Land Use Committee 990485 [Stop Intersections] Resolution designating certain intersections as "Stop" intersections: STOP SIGNS - ESTABLISH 25th and Hoffman Streets, northeast and southwest corners, stopping 25th Street (makes this uncontrolled intersection a two-way STOP) Fillmore and Washington Streets, northwest and southeast corners, stopping Fillmore Street (makes this an all-way STOP) Lake Merced Boulevard and Berkshire Way, southwest corner, stopping eastbound Berkshire Way (makes this intersection a two-way STOP) Lakeshore Drive and Berkshire Way, northwest and southeast corners, stopping Lake Shore Drive (makes this uncontrolled intersection a two-way STOP) South Park Avenue (north) and Jack London Alley, northeast and northwest corners, stopping southbound Jack London Alley and westbound South Park Avenue (makes this uncontrolled T-intersection an all-way STOP) South Park Avenue (south) and Jack London Alley, southeast and southwest corners, stopping northbound Jack London Alley and eastbound South Park Avenue (makes this uncontrolled T-intersection an all-way STOP) Washington and Walnut Streets, northeast and southwest corners, stopping Washington Street (makes this an all-way STOP) (Department of Parking and Traffic) Resolution No. 337-99 ADOPTED 990486 [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations: GREEN (SHORT-TERM PARKING) ZONE, 9 AM - 6 PM, EVERYDAY - ESTABLISH 15th Street, north side, between Harrison and Treat Avenue (66-foot zone, in front of #1200 - 15th Street) GREEN (SHORT-TERM PARKING) ZONE, 7 AM - 7 PM, MONDAY THROUGH SATURDAY - ESTABLISH Oak Street, south side, from 19 feet to 38 feet east of Broderick Street (19-foot zone) NO PARKING ANYTIME - ESTABLISH Page Street, north side, from 163 feet to 207 feet east of Ashbury Street (44-foot zone in front of #1530 Page Street, to accommodate mid-block crosswalk) Page Street, south side, from 175 feet to 195 feet east of Ashbury Street (20-foot zone between driveways in front of #1563 Page Street, to accommodate mid-block crosswalk) NO PARKING ANYTIME - RESCIND Filbert Street, south side, from Hyde Street to 100 feet easterly (100-foot zone) NO PARKING, 6 AM - 9 AM, MONDAY THROUGH FRIDAY, EXCEPT VEHICLES WITH VANPOOL PERMITS; GENERAL METERED PARKING, 9 AM - 6 PM, MONDAY THROUGH FRIDAY, AND 7 AM - 6 PM, SATURDAYS - ESTABLISH 11th Street, east side, from 69 feet to 201 feet north of Mission Street (132-foot zone at meters #39, #41, #43, #45, #47, and #49) PARKING METER AREA NO. 3 (1-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Diamond Street, west side, from 49 feet to 100 feet north of Chenery Street (51-foot zone) PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Geary Boulevard, south side, between Lyon Street and St. Joseph’s Avenue PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Alabama Street, east side, from Montcalm Street to 100 feet southerly (100-foot zone, extends perpendicular parking to remainder of the block) RESIDENTIAL PERMIT PARKING AREA "G" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Broderick Street, east side, between Bush and Sutter Streets (1600 block, even-numbered side) Scott Street, west side, between Bush and Sutter Streets (1700 block, odd-numbered side) RESIDENTIAL PERMIT PARKING AREA "I" (1-HOUR TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH 25th Street, north side, between Capp and Cypress Streets (even-numbered addresses from #3300 through #3344) RESIDENTIAL PERMIT PARKING AREA "S" (2-HOUR TIME LIMIT, 8 AM - 9 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Octavia Street, both sides, between Fell and Oak Streets (300 block) UNMETERED MOTORCYCLE PARKING - ESTABLISH 6th Street, east side, from 9 feet to 30 feet south of Harrison Street (21-foot zone, accommodating 6 motorcycles) (Department of Parking and Traffic) Resolution No. 338-99 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng Severed From The Consent Agenda 990123 [Meeting Schedule] Supervisor Ammiano Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the November 29, 1999 and December 27, 1999 meeting and by canceling all Board and committee meetings from August 24 through September 12, 1999, and by rescheduling the September 20, 1999 meeting to September 21, 1999. Supervisor Ammiano requested this matter be severed for the purpose of moving an amendment. Resolution No. 364-99 SEVERED FROM CONSENT AGENDA. Supervisor Ammiano requested this item be amended on the title, line 6, after "1999" by inserting "; scheduling the Board of Supervisors January 3, 2000 meeting to Tuesday, January 4, 2000"; and on page two, line two, by adding, "; and, be it FURTHER RESOLVED, That the Board of Supervisors regular meeting scheduled for January 3, 2000 be rescheduled to Tuesday, January 4, 2000". Supervisor Kaufman, seconded by Supervisor Yaki, moved that this Resolution be AMENDED. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the November 29, 1999 and December 27, 1999 meeting and by canceling all Board and committee meetings from August 24 through September 12, 1999, and by rescheduling the September 20, 1999 meeting to September 21, 1999; scheduling the Board of Supervisors January 3, 2000 meeting to Tuesday, January 4, 2000. Supervisor Ammiano requested this matter be continued to April 26, 1999. Supervisor Kaufman, seconded by Supervisor Yaki, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Recommendation 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.) Supervisor Teng requested this matter be severed for the purpose of requesting it be continued to May 3, 1999. Ordinance No. 120-99 SEVERED FROM CONSENT AGENDA. Continued to May 3, 1999. Supervisor Leno, seconded by Supervisor Kaufman, moved that this Ordinance be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom 990487 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: CROSSWALK CLOSURES - ESTABLISH (Crosswalks to be eliminated) 20th Avenue and Lincoln Way, east crosswalk, crossing Lincoln Way Gellert and Middlefield Drives, north crosswalk, crossing Middlefield Drive Lake Merced Boulevard and South State Drive, north and south crosswalks, crossing Lake Merced Boulevard MID-BLOCK CROSSWALK - ESTABLISH Page Street, approximately 190 feet east of Ashbury Street (20-foot wide crosswalk, in front of #1563 Page Street) NO LEFT TURN - ESTABLISH Twin Peaks Boulevard, northbound, at Carmel Street TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Bay Street, north side, from Fillmore Street to 58 feet easterly (58-foot zone) Diamond Street, east side, from Chenery Street to 100 feet northerly (100-foot zone) Fell Street, south side, from Masonic Avenue to 10 feet easterly (10-foot zone) Irving Street, south side, from 9th Avenue to 10 feet easterly (10-foot zone) Kansas Street, east side, from Cesar Chavez Street to 35 feet southerly (35-foot zone) RIGHT LANE MUST TURN RIGHT - ESTABLISH Kansas Street, northbound, at Cesar Chavez Street NO U-TURN - ESTABLISH Geneva Avenue, eastbound, at San Jose Avenue TOW-AWAY, NO STOPPING, 4 PM - 6 PM, MONDAY THROUGH FRIDAY - ESTABLISH Persia Avenue, south side, from Mission Street to 42 feet westerly (42-foot zone) TOW-AWAY LANE MUST TURN RIGHT - ESTABLISH Persia Avenue, eastbound, at Mission Street. (Department of Parking and Traffic) Supervisor Bierman requested this item be severed for the purpose of rereferring to committee the portion concerning establishment of mid-block sidewalk on Page Street. Resolution No. 339-99 SEVERED FROM CONSENT AGENDA. There being no second to Supervisor Bierman’s motion to rerefer to committee, the motion failed. The roll was then called on the pending resolution. ADOPTED by the following vote: Ayes: 10 - Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee, Ammiano Absent: 1 - Newsom REGULAR AGENDA NEW BUSINESS Recommendations of the Finance and Labor Committee 981935 [Parking Facility Leases and Management Agreements] Supervisor Newsom Ordinance amending Administrative Code Section 17.11 to require that all leases and management agreements for parking facilities be awarded through a competitive process and that such parking facility leases and management agreements be approved by the Board of Supervisors. (Amends Section 17.11.) Ordinance No. 104-99 PASSED, ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng 990377 [Appropriation, District Attorney] Ordinance appropriating $600,000, District Attorney, of Federal and State Public Assistance for the adaptation of San Francisco’s Computer Assisted Support Enforcement System (CASES), a child support operating system throughout the California counties for fiscal year 1998-1999. (Controller) (Fiscal impact.) Ordinance No. 109-99 PASSED, ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng 990582 [Master Lease of Seneca Hotel] Supervisors Brown, Katz Resolution urging the Department of Human Services to enter into a contract with the Tenderloin Housing Clinic in order to acquire low-income housing units at the Seneca Hotel for the County Adult Assistance Program clients and other low-income persons, and urging the Tenderloin Housing Clinic to enter into a master lease with the owners of the Seneca Hotel. Supervisor Katz requested to be added as co-sponsor. Resolution No. 343-99 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng 990298 [Card Check Ordinance] Supervisors Katz, Bierman, Ammiano, Yee Ordinance amending Administrative Code Sections 23.32, 23.33, 23.34 of the ordinance governing labor representation procedures in hotel and restaurant developments in which the City has an ongoing proprietary interest (The Card Check Ordinance) in order to clarify certain defined terms, notice requirements, contract language requirements, exemptions and applicablity of ordinance to pre-existing agreements and by adding Sections 23.36 and 23.37 regarding effective date, applicability and severability. (Amends Sections 23.32, 23.33, 23.34; adds Sections 23.36 and 23.37.) Ordinance No. 108-99 PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Becerril, Brown, Katz, Leno, Yaki, Yee Noes: 1 - Kaufman Absent: 3 - Bierman, Newsom, Teng 990404 [Appropriation, Department of Public Health] Supervisors Bierman, Ammiano, Brown, Teng Ordinance appropriating $1,158,352, Department of Public Health, from the General Fund Reserve for professional services and materials and supplies to provide for Community Mental Health (CMHS) pharmacy services for fiscal year 1998-1999. (Fiscal impact.) Ordinance No. 110-99 PASSED ON FIRST READING by the following vote: Ayes: 7 - Ammiano, Becerril, Brown, Katz, Leno, Yaki, Yee Noes: 1 - Kaufman Absent: 3 - Bierman, Newsom, Teng 990328 [Annual Joint Fundraising Drive] Resolution designating those agencies qualified to participate in the 1999 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (Finance and Labor Committee) Resolution No. 334-99 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 3 - Bierman, Newsom, Teng 990509 [Property Sale, Alameda County Parcels 16, 16A (Bernal Property)] Supervisors Ammiano, Katz, Leno, Becerril, Kaufman, Newsom, Yaki Resolution declaring Parcels 16 and 16A of the Bernal Property to be surplus; authorizing the General Manager of the Public Utilities Commission to execute a purchase and sale agreement to transfer Parcels 16 and 16A to the Pleasanton Unified School District; and adopting findings pursuant to the California Environmental Quality Act; requesting Public Utilities Commission to report back to the Finance and Labor Committee with revenue projections within two months. Resolution No. 340-99 ADOPTED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990527 [Lease and Sublease for Pier 1 (Embarcadero/Washington Street)] Resolution approving lease and sublease with AMB Property Corporation for the Development of Pier 1 (Embarcadero and Washington Streets) as a maritime office project; approving negative declaration, and indemnity agreement. (Port) (Fiscal impact.) Resolution No. 329-99 ADOPTED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990531 [Prevailing Wage] Resolution fixing the highest general prevailing rate of wages, including wages for overtime and holiday work, for various crafts and kinds of labor as paid for similar work in private employment in the City and County of San Francisco at the rates certified to the Board by the Civil Service Commission on October 19, 1998. (Civil Service Commission) Resolution No. 341-99 ADOPTED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng Recommendation of the Parks and Recreation Committee 981340 [Land and Water Conservation Fund] Supervisor Newsom Resolution urging Recreation and Park Department to take aggressive and proactive measures in pursuing, publicizing and educating our lobbyists about the potential availability of funds from the Land and Water Conservation Fund, the Urban Parks and Recreational Recovery Fund, and the Historic Preservation Fund. Resolution No. 333-99 ADOPTED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor concerning the following item. Recommendations of the Public Health and Environment Committee 990211 [Commission on Animal Control and Welfare] Supervisors Ammiano, Bierman Ordinance amending Health Code Section 41.1 (Commission of Animal Control and Welfare) to designate that only members appointed by the Board of Supervisors shall constitute voting members. (Amends Section 41.1.) Supervisor Ammiano requested this matter be amended (technical amendments). Ordinance No. 107-99 President Ammiano, seconded by Supervisor Katz, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng The President resumed the Chair. 990411 [Alternatives to Institutional Care for Seniors/People with Disabilities] Supervisors Bierman, Leno, Brown, Ammiano, Becerril, Katz Resolution supporting the development of alternatives to institutional care for seniors and people with disabilities. Supervisor Katz requested to be added as co-sponsor. Resolution No. 336-99 ADOPTED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990532 [Contract, DPH - University of California (Berkeley)] Resolution authorizing the Department of Public Health, Community Health Services, Community Mental Health Services, to enter into a subcontract agreement in the amount of $7,844 with the University of California (Berkeley), the primary contractor, to provide data and consultation for a study of the cultural appropriateness of the instruments and approaches being used by community mental health services to measure performance indicators, client outcomes, and satisfaction, which does not include patent infringement indemnification and false claims clauses; waiving indirect costs. (Department of Public Health) Resolution No. 342-99 Supervisor Yaki, seconded by Supervisor Kaufman, moved to excuse Supervisor Becerril, at her request, from voting on this matter. The motion carried by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng ADOPTED by the following vote: Ayes: 8 - Yaki, Yee, Ammiano, Bierman, Brown, Katz, Kaufman, Leno Absent: 2 - Teng, Newsom Excused: 1 - Becerril Recommendations of the Transportation and Land Use Committee 982077 [Ramped Taxis] Supervisors Newsom, Teng Ordinance amending Police Code Section 1148.1 to reduce the commitment to operate a ramped taxi permit from ten (10) years to five (5) years. (Amends Section 1148.1.) Ordinance No. 105-99 PASSED, ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990006 [Motor Vehicles for Hire] Supervisor Newsom Ordinance amending Police Code Sections 1077 and 1185 to make violation of the Taxi Commission rules for taxicabs an infraction and establishing fines. (Amends Sections 1077 and 1185.) Ordinance No. 106-99 PASSED, ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990528 [Parking Regulations, Portion of Turk Street] Ordinance amending Traffic Code by adding Section 32.6.24, regarding parking regulations on a portion of Turk Street (south side of Turk from 145 feet to 435 feet east of Laguna Street). (Department of Parking and Traffic) (Adds Section 32.6.24.) Ordinance No. 111-99 PASSED, ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990529 [Parking Regulations, Portion of 7th Street] Ordinance amending Traffic Code by adding Section 32.6.25, regarding parking regulations on a portion of 7th Street (east side of 7th Street, from 178 feet to 246 feet south of Bryant Street). (Department of Parking and Traffic) (Adds Section 32.6.25.) Ordinance No. 112-99 PASSED, ON FIRST READING by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Yaki, Yee Absent: 2 - Newsom, Teng 990571 [Summary Street Vacation/Sale of Portion of Ils Lane] Ordinance ordering the summary vacation and authorizing sale of a portion of Ils Lane located within Block 195 (bounded by Washington, Kearny and Jackson Streets, and Columbus Avenue), for $2,500 to the Roman Catholic Archbishop, making findings under California Streets and Highways Code Section 8330 through 8336, making findings of conformity with the General Plan and priority policies of Planning Code Section 101.1 and requesting official actions in connection with the vacation and sale. (Real Estate Department) Ordinance No. 113-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom 990576 [Vanpool Permit Parking Program] Ordinance amending Traffic Code by adding Article 20 (Sections 700 through 714, inclusive), adding a Vanpool Parking Permit Program. (Department of Parking and Traffic) (Adds Article 20, Sections 700 through 714, inclusive.) Ordinance No. 114-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom 990607 [Traffic Regulations, Bay Street] Ordinance repealing Traffic Code Section 175.21 and adding Section 174.09, changing the speed limit on Bay Street (between The Embarcadero and Fillmore Street) from 30 MPH to 25 MPH. (Department of Parking and Traffic) (Repeals Traffic Code Section 175.21, adds Section 174.09.) Ordinance No. 115-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Richard Shipmann, towing contract, animal care and control; Helen Fellows, Eladio Ballestas, Lorraine Calcagon, housing, capital improvement passthrough; Ferris Smith, apprenticeship program; Male speaker, oppose February 21, 1999 San Francisco Examiner comic strip "On Fatness, Prejudice and 24 Hour Protests"; Female speaker, street cleaning, safety, fire hydrant, parking, environment; Eddie Kaufman, support Childproof Advertising Day; Gail Goedinghaus, Jack Fergen: oppose proposed entertainment zone; Bruce, Caroline Washington: support alternatives to institutional care for seniors/disabilities; Male speaker, Calworks, Aids to Families with Dependent Children; Female speaker, environment; Rev. Glenda Hope, Paul Boden, Ms. Connor, Karen Pierce: support Bob Prentice; Julio, future of Hunters Point residents, live/work sites; Female speaker, supports homeless summit; Daniel Pieste, working people, big business vs.homeless, corporate welfare; Erlinda Villa, oppose Jelani House; Mabel Seto, male speaker: rental housing landlord/tenant issues; Male speaker, rehabilitation and jobs for released inmates; George Williams, supports Garden Project, employment and training; Cathrine Sneed, Director, Garden Project, employment and training; Ms. Rogers, supports changing name to Bayview Hunters Point; Female speaker, employment and training, supports Jelani House; Annamarie, sewage treatment plant, live/work units, undergrounding, Dr. Prentice; Alma Robinson, grants for the arts, live/work moratorium; Armstad Mohomad, urge declaring October 2 as Black Family Day; Male speaker, immigrant issues; Anthony Travis, supports Garden Project; Alfred Mayfree, light rail design flaw, loss of parking spaces. 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. 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. Supervisors Becerril, Teng requested to be added as co-sponsors. Resolution No. 344-99 ADOPTED 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. Supervisors Brown, Katz, Becerril requested to be added as co-sponsors. Resolution No. 347-99 ADOPTED 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. Supervisors Brown, Katz, Teng requested to be added as co-sponsors. Resolution No. 348-99 ADOPTED 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." Supervisors Brown, Katz, Teng requested to be added as co-sponsors. Resolution No. 350-99 ADOPTED 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. Supervisors Katz, Leno requested to be added as co-sponsors. Resolution No. 352-99 ADOPTED 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. Supervisors Brown, Katz, Teng, Ammiano requested to be added as co-sponsors. Resolution No. 353-99 ADOPTED 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. Supervisors Katz, Teng, Ammiano requested to be added as co-sponsors. Resolution No. 355-99 ADOPTED 990701 [Week of the Young Child] Supervisors Teng, Becerril Resolution honoring the National Association for the Education of Young Children (NAEYC) 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. Supervisor Becerril requested to be added as co-sponsor. Resolution No. 356-99 ADOPTED 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. Resolution No. 357-99 ADOPTED 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. Supervisors Brown, Katz, Teng requested to be added as co-sponsors. Resolution No. 358-99 ADOPTED 990705 [Commendation] Supervisors Brown, Bierman, Katz, Teng Resolution commending Dr. Julianne Malveaux on her outstanding achievements and distinguished career. Supervisors Katz, Teng requested to be added as co-sponsors. Resolution No. 360-99 ADOPTED 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. Supervisors Brown, Katz, Teng requested to be added as co-sponsors. Resolution No. 361-99 ADOPTED 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. Motion No. M99-45 APPROVED 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. Motion No. M99-46 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Severed From For Adoption Without Committee Reference Agenda 990694 [Tobacco Settlement Funds] Supervisors Yaki, Bierman Resolution urging U.S. Representatives to support Senate tobacco language in the 1999 Supplemental Appropriations Bill. Supervisor Yaki requested this item be severed for the purpose of moving technical amendments. Resolution No. 349-99 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Yaki, seconded by Supervisor Teng, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Supervisors Brown, Katz, Becerril requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom 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. Supervisor Becerril requested this item be severed so she can be excused from voting. Resolution No. 351-99 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Yaki, seconded by Supervisor Teng, moved to excuse Supervisor Becerril from voting on this matter. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Supervisor Brown requested to be added as co-sponsor. ADOPTED by the following vote: Ayes: 9 - Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Excused: 1 - Becerril 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. Supervisor Becerril requested this item be severed for the purpose of moving technical amendment. Resolution No. 354-99 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Becerril, seconded by Supervisor Teng, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom Resolution urging the United States Congress to support the use of federal funding for an accuracy and coverage evaluation (statistical sampling) and to defeat bills that would disallow such use in order to ensure a more accurate count in the 2000 Census. Supervisors Brown, Teng, Ammiano requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom 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. Supervisor Ammiano requested this item be severed so it could be considered separately. Resolution No. 359-99 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Ammiano introduced Dr. Bob Prentice and presented to him, on behalf of the Board of Supervisors, the commendation in recognition of his service to the City and County of San Francisco. Supervisors Katz, Teng, Becerril requested to be added as co-sponsors. ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Teng, Yaki, Yee Absent: 1 - Newsom OFF-CALENDAR LEGISLATION Introduced by Supervisors or Mayor Ordinances 990737 [Street Artists Fund] Supervisor Teng Ordinance amending Administrative Code by adding Section 10.117-123, establishing the Street Artists Fund as a special fund for the purpose of receiving all funds received by the San Francisco Arts Commission Street Artists Program pursuant to Article 24 of the San Francisco Police Code, and providing for interest accumulation therein. (Adds Section 10.117-123.) 4/19/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Ordinance No. 151-99 990738 [Purchase of Handguns] Supervisors Yaki, Brown, Katz, Leno, Bierman Ordinance amending Police Code by adding Section 619 to limit, with specified exceptions, the purchase of handguns by individuals to not more than one handgun in any thirty day period. (Adds Section 619.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Housing and Social Policy Committee, expires on 5/19/1999. 990739 [Restricted Parking - Special Event Notice] Supervisor Yaki Ordinance amending Traffic Code Section 33, to require 72-hour notice for special event temporary no-parking zones. (Amends Section 33.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Transportation and Land Use Committee, expires on 5/19/1999. 990740 [Translators at Board and Committee Meetings] Supervisor Becerril Draft ordinance amending Administrative Code by amending Section 67.15 to re-establish rules on providing translators at meetings of the full Board of Supervisors and Board Committees. (Amends Section 67.15.) 4/19/99, RECEIVED AND ASSIGNED to Rules Committee. 990741 [Pedestrian Safety] Supervisor Brown Ordinance prohibiting persons from standing, sitting or lying in roadways, curbs or on median strips throughout all streets and highways within the City and County of San Francisco except in emergencies or as otherwise allowed by permit for special events. 4/19/99, ASSIGNED UNDER 30 DAY RULE to Housing and Social Policy Committee, expires on 5/19/1999. 990742 [Community Court Funds] Supervisor Brown Ordinance amending Administrative Code by adding Section 10.117-123 to establish Community Courts Dispute Resolution Funds. (Adds Section 10.117-123.) 4/19/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990743 [Procurement Reform] Supervisor Kaufman Ordinance amending Administrative Code to delete safety belt requirements for City vehicle purchases from Chapter 4; to limit the application of Chapter 6 to contracts for public works and improvements and to delete obsolete provisions; to delete obsolete provisions from Chapter 8; amending Chapter 10 to eliminate the role of the purchaser from the receipt of donations by the Health Commission and to simplify the administration of the Purchaser’s revolving fund; adding a new Article XI-C to Chapter 16 governing the purchase of uniforms for City employees; and deleting Chapters 21 and 21B in order to consolidate their provisions in a revised Chapter 21 and to reform and streamline the process for acquisition of goods and services by the City. (Amends Chapter 10; adds Article XI-C; deletes Chapters 21 and 21B.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Audit and Government Efficiency Committee, expires on 5/19/1999. Scheduled for a special meeting of the Audit and Government Efficiency Committee on May 19, 1999, at 10:00 a.m. Ordinance No. 156-99 990744 [Domestic Partner Inquiry Requirement for City Forms] Supervisors Leno, Teng, Katz Ordinance amending Administrative Code by adding Section 12A.17, requiring all City Departments to inquire regarding domestic partner status on all City forms that request marital information, and requiring all City departments to inform the Human Rights Commission of their plan to implement this ordinance no later than six months from the effective date of this ordinance. (Adds Section 12A.17.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Audit and Government Efficiency Committee, expires on 5/19/1999. Ordinance No. 189-99 990745 [South of Market Arts and Entertainment Special Use District] Supervisor Newsom Ordinance amending Planning Code by adding Section 249.21 and amending Sections 816 and 161 to establish a South of Market Small Business, Arts and Entertainment Preservations Special Use District and a South of Market Core Small Business, Arts and Entertainment Preservation Special Use District for the property generally fronting on Folsom Street between Twelfth and Langton Streets, Eleventh Street between Burns Place and Harrison Street, and the north side of Harrison Street between Gordon and Twelfth Streets, which would (1) restrict certain ground-floor uses, (2) allow nighttime entertainment activity as either a principal permitted use or conditional use, (3) establish acoustic construction standards for new residential and live/work developments and acoustic operational standards for nighttime entertainment uses, (4) require written disclosure to purchasers and occupants of residential and live/work units regarding applicable sound standards, (5) require "good neighbor" operating procedures for nighttime entertainment uses, (6) allow temporary street closures as an accessory to an entertainment use, (7) allow entertainment use parking in the Costco garage, and (8) modify residential and live/work parking requirements; amending Building Code by adding Section 104.7 to authorize the Department of Building Inspection to enforce the acoustic construction standards contained in Planning Code Section 249.21; amending Police Code by amending Sections 1060.5 and 1070.5 to include specific standards for issuance of place of entertainment and extended-hour premises permits in the new South of Market Special Use Districts; and making determination of consistency with the priority policies of Planning Code Section 101.1. (Adds Planning Code Section 249.21 and amends Sections 816 and 161; adds Building Code Section 104.7; amends Police Code Sections 1060.5 and 1070.5; companion measure to File 990759.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Transportation and Land Use Committee, expires on 5/19/1999. 4/29/99 - Transmitted to Planning Commission for public hearing and recommendation. 990759 [Zoning Map Amendment - South of Market Arts and Entertainment] Supervisor Newsom Ordinance amending the Zoning Map of the City and County of San Francisco for the property generally fronting on Folsom Street between Twelfth and Langton Streets, Eleventh Street between Burns Place and Harrison Street, and north side of Harrison Street between Gordon and Twelfth Streets, to reclassify portions of the property therein to the South of Market Small Business, Arts and Entertainment Preservation Special Use District and South of Market Core Small Business, Arts and Entertainment Preservation Special Use District. (Companion measure to File 990745.) 4/19/99, ASSIGNED UNDER 30 DAY RULE to Transportation and Land Use Committee, expires on 5/19/1999. 4/29/99 - Transmitted to Planning Commission for public hearing and recommendation. Resolutions 990736 [Commendation] Supervisors Brown, Newsom, Teng, Katz Resolution commending Officer Brian Peagler for enhancing the City and County of San Francisco’s quality of life, in general, and the quality of life of Western Addition residents, in particular, by reducing the effectiveness of gang related activities in that community. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 379-99 990746 [Bicycle Education Program] Supervisors Ammiano, Bierman Resolution urging the San Francisco Unified School District to implement a comprehensive bicycling program including installation of bike racks, bike safety education program, and provision of free or low cost helmets to students and to allocate the necessary funding to implement the program. 4/19/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 990747 [Affinity Phone Card] Supervisor Bierman Resolution authorizing the City Administrator to enter into a Second Amendment to operating the Licensing Agreement for the San Francisco Affinity Phone Card Program. 4/19/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 524-99 990748 [Annual Audit] Supervisor Kaufman Resolution selecting independent auditors for the Controller’s Office and the separately audited departments of the City and authorizing a three-year contract with the consortium of accounting firms. 4/19/99, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Resolution No. 429-99 990749 [Mercury Pollution] Supervisor Leno Resolution urging City agencies and departments and all medical facilities within San Francisco to eliminate their use of mercury and mercury containing products to prevent mercury pollution of air and water and to protect food quality. 4/19/99, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Resolution No. 602-99 990750 [Grant - State] Mayor Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $110,110 made available through the Office of Criminal Justice Planning for a project entitled "Violence Against Women Vertical Prosecution - Elder Abuse" for the period of March 1, 1999 through February 28, 2000; and waiving indirect costs due to funding constraints. 4/19/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Resolution No. 418-99 990755 [Assembly Bill 1185] Supervisors Teng, Yaki, Becerril, Katz Resolution supporting Assembly Bill 1185 and urging the California State Assembly to pass AB 1185 to add an acupuncturist to the Industrial Medical Council. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 380-99 990756 [Assembly Bill 1475] Supervisors Bierman, Katz, Ammiano, Becerril, Teng Resolution supporting Assembly Bill 1475, the Safe Routes to School Bill of 1999, and urging the State Legislature and Governor Davis to approve the bill as soon as possible. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 381-99 990757 [Commendation] Supervisors Teng, Katz Resolution commending Charles "Les" Andersen for his extraordinary commitment to generations of San Francisco kids and declaring April 28, 1999, to be "Charles ’Les’ Andersen Day" in San Francisco. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 382-99 990758 [Commendation] Supervisors Teng, Bierman, Kaufman, Yaki, Katz Resolution commending Gladys Hu on her 80th birthday, and declaring April 24, 1999, to be "Gladys Hu Day" in San Francisco. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 383-99 Requests for Hearing 990751 [Towing Contracts] Supervisors Ammiano, Leno Hearing to consider the City’s towing contract with City Tow. 4/19/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990752 [F.E.M.A. Allocation to S.F. Unified School District] Supervisor Ammiano Hearing to inquire into the allocation of $16 million from Federal Emergency Management Agency (F.E.M.A.) to the San Francisco to Unified School District. 4/19/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 990753 [Justice System Employment and Training Programs] Supervisors Katz, Leno Hearing to evaluate employment and training programs in the City and County justice system, including, but not limited to, a status report from the Resolve to Stop the Violence Project (RSVP) and the Garden Project, and an examination of the concept of restorative justice. 4/19/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 990754 [Brown and Toland Medical Group] Supervisors Leno, Ammiano, Katz, Bierman Hearing to consider allegations of denial of admission of a group of gay and lesbian physicians with large HIV/AIDS practices to the Brown and Toland Medical Group. 4/19/99, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Motions 990760 [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. 4/19/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion No. M99-47 Introduced by the President at the Request of Departments PROPOSED ORDINANCES 990716 [Fire Code] Ordinance repealing Part II, Chapter IV of the Municipal Code (Fire Code); adopting in its entirety a new San Francisco Fire Code. (Fire Department) (Companion measure to File 990715.) 4/13/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Ordinance No. 141-99 990726 [Appropriation, Emergency Communications Department] Ordinance appropriating $2,773,766, Emergency Communications Department, City Wide Communication Series 1993 Bond proceeds and interest income, for the purchase of Motorola mobile desktop radio units and accessories, and installation of a fiber optic Metropolitan Area Network (MAN) for fiscal year 1998-1999. (Mayor) (Fiscal impact.) 4/14/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Ordinance No. 136-99 990727 [Margaret Koran, v. San Francisco Municipal Railway] Ordinance authorizing settlement of claim of Margaret Koran against the Municipal Railway by payment of $45,000. (City Attorney) (Equal Employment Opportunities Commission Charge No. 370-96-0562.) 4/14/99, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Ordinance No. 130-99 PROPOSED RESOLUTIONS 990670 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: DIAMOND LANE - ESTABLISH 3rd Street, east curb lane (northbound), between Market and Mission Streets 3rd Street, second lane from east curb, between Mission and Howard Streets 3rd Street, east curb lane (northbound), between Howard and Folsom Streets RIGHT LANE MUST TURN RIGHT - ESTABLISH 3rd Street, east curb lane (northbound), at Mission Street TOW-AWAY LANE MUST TURN LEFT - RESCIND 3rd Street, west curb lane (northbound), at Mission Street TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH 3rd Street, east side, between Howard and Folsom Streets 3rd Street, east side, between Mission and Jessie Streets (eliminates meters #47, #49, #51, #53, and #59) 3rd Street, east side, between Mission and Minna Streets (eliminates meters #103, #105, #107, and #109) 3rd Street, west side, from Howard Street to 103 feet northerly (103-foot zone, eliminates meters #158, #160, #162, and #164) TOW-AWAY, NO STOPPING, 3 PM - 6 PM, MONDAY THROUGH FRIDAY - RESCIND TOW-AWAY, NO STOPPING, 3 PM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH 3rd Street, west side, between Market and Stevenson Streets (Department of Parking and Traffic) 4/12/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Resolution No. 522-99 990681 [Prop J Contract, Legal Process Server Services] Resolution concurring with the Controller’s certification that legal process server services can be practically performed for the District Attorney, Family Support Bureau, by a private contractor for a lower cost than similar services performed by City and County employees. (District Attorney) 4/8/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 422-99 990711 [Settlement of Claim, Jeanne Lynch] Resolution approving the settlement of the unlitigated claim of Jeanne Lynch by payment of $75,000. (City Attorney) (Claim Number 99-01039.) 4/13/99, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Resolution No. 423-99 990712 [Grant - State] Resolution authorizing the San Francisco Public Library to accept and expend $63,647 awarded by the California Library Services Board of the California State Library as part of the California library literacy service to help fund the adult literacy program conducted by the San Francisco Public Library. (Public Library) 4/13/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Resolution No. 395-99 990713 [Grant - Federal] Resolution authorizing the San Francisco Public Library to accept and expend $77,000 to be awarded by the California State Library, Statewide Access News Program as part of the Federal Library Services and Technology Act (LSTA). Funds will be used to provide access to daily newspapers for sight-impaired and print-impaired people through a high quality voice synthesis system. (Public Library) 4/13/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Resolution No. 396-99 990714 [Grant - Federal] Resolution authorizing the San Francisco Public Library to accept and expend $18,000 to be awarded by the California State Library, InfoPeople Program as part of the Federal Library Services and Technology Act (LSTA). Funds will be used to place Internet capable computers in three branches libraries - Visitation Valley, North Beach and Anza. (Public Library) 4/13/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Resolution No. 397-99 990715 [Fire Code] Resolution endorsing amendments and providing findings as to the local conditions supporting those amendments to the 1998 California Fire Code, as required by the California Health and Safety Code. (Fire Department) (Certificate of Determination of Exemption/Exclusion from Environmental Review dated April 1, 1999; companion measure to File 990716.) 4/13/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Resolution No. 489-99 990718 [MUNI Service, Line 33-Stanyan] Resolution approving abandonment of a portion of the service on Line 33-Stanyan; establishment of substitute service. (Public Transportation Commission) (Companion measure to File 990719.) 4/14/99, SCHEDULED FOR PUBLIC HEARING. Scheduled for public hearing before Board on May 10, 1999, at 3:00 p.m. Resolution No. 424-99 990719 [MUNI Service, Line 33-Stanyan] Resolution disapproving abandonment of a portion of the service on Line 33-Stanyan; disapproving establishment of substitute service. (Public Transportation Commission) (Companion measure to File 990718.) 4/14/99, SCHEDULED FOR PUBLIC HEARING. Scheduled for public hearing before Board on May 10, 1999, at 3:00 p.m. 990720 [Lease of Property, 30 Van Ness Avenue] Resolution authorizing a lease at 30 Van Ness Avenue (3rd Floor), for the Employee Retirement System. (Real Estate Department) 4/14/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 417-99 990721 [Prop J Contract, Facility Security Services] Resolution concurring with the Controller’s certification that facility security services for the Public Transportation Commission can be practically performed by a private contractor at a lower cost than by City and County employees. (Public Transportation Commission) 4/14/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 425-99 990722 [Grant - State] Resolution authorizing the Mayor’s Office of Economic Development to accept and expend a grant in the amount of $37,000 from the California Trade and Commerce Agency to fund research analyzing the local economy and the skills needed in today’s labor force, waiving indirect costs. (Mayor) 4/14/99, RECEIVED AND ASSIGNED to Small Business, Economic Vitality and Consumer Services Committee. Resolution No. 456-99 990723 [Contract, Sheriff - Ben Dorcy] Resolution authorizing the San Francisco Sheriff’s Department to enter into an Agreement with Mr. Ben Dorcy for mandatory certified CPR and First Aid training, which agreement provides for mutual indemnification from claims or other damages which arise as a result of performance under said agreement. (Sheriff) 4/14/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Resolution No. 426-99 990724 [Contract, Sheriff - George Bach-Y-Rita, M.D.] Resolution authorizing the San Francisco Sheriff’s Department to enter into a professional services agreement with George Bach-Y-Rita, M.D., which provides for indemnification of Dr. Bach-Y-Rita from compensatory damages for negligent formation of his professional opinion as to psychological suitability of applicants for employment as Deputy Sheriffs in San Francisco County. (Sheriff) 4/14/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. Resolution No. 427-99 990725 [Lease of Property, 225 Valencia Street] Resolution authorizing the lease of real property at 225 Valencia Street, 1st and 2nd Floors, for the Department of Human Services. (Real Estate Department) 4/14/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 428-99 Requests Granted By Supervisor Becerril, that letter of inquiry be sent to the Director, Department of Public Health, to determine whether the department has any outreach program in place to address the problem of immigrants taking medications obtained without prescription (particularly, Latino and Asian communities, taking medications they get from their home countries, flea markets or black market). By Supervisor Becerril, that letter be sent to the Department of Telecommunications and Information Services (DTIS) and Citywatch, asking for a report on second audio program (SAP) technology for simultaneous multi-lingual broadcasts and post-production translation for SAP and/or mono re-broadcast of the Board of Supervisors meetings. The report should include estimates for the acquisition costs of SAP related technology if necessary, simultaneous translation costs in Mandarin, Cantonese and Spanish for SAP broadcasts, post production translation costs in Mandarin, Cantonese and Spanish for SAP and/or mono re-broadcast. By Supervisor Bierman, that letter be sent to the City Attorney requesting legislation be drafted to develop a permit or licensing program authorizing the sale of tobacco paraphernalia. By Supervisor Brown, that letter be sent to the City Attorney requesting legislation be drafted which would formally change the name of the South Bayshore Survey Area to the Bayview Hunters Point Survey Area. By Supervisor Katz, that letter be sent to the Police Chief to ascertain the level and impact of enforcement of San Francisco’s Advertising Vehicle Prohibition (Police Code Section 680). The Department’s response should include the enforcement mechanism and penalties associated with the prohibition, data summarizing the number of citations and/or infractions and identification of violators. By Supervisor Katz, that letter of In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Felipa Cahill (Supervisors Bierman, Kaufman) Sam Provenzano (Supervisors Kaufman, Bierman, Leno) ADJOURNMENT There being no further business, the Board at the hour of 9:25 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 June 14, 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.