Board of Supervisors Minutes: August 2, 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, August 2, 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, Amos Brown, Leslie Katz, Barbara Kaufman, Mark Leno, Gavin Newsom, Michael Yaki, Leland Y. Yee. Members Excused: None. Members Absent: Mabel Teng. 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 2:06 p.m. On call of the roll, the following Supervisors were noted absent: Supervisors Katz, Teng - 2. Quorum present. Supervisor Katz was noted present at 2:15 p.m. Supervisor Teng was excused. (See infra.) Supervisor Teng Excused from Attendance Supervisor Yee, seconded by Supervisor Yaki, moved to excuse Supervisor Teng from attending today’s meeting. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng APPROVAL OF MEETING MINUTES Supervisor Yee, seconded by Supervisor Yaki, moved to APPROVE the June 7 and June 14, 1999 Meeting Minutes. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Privilege of the Floor Supervisor Yaki, seconded by Supervisor Yee, 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, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Introduction of Guests Supervisor Ammiano introduced and welcomed Jeff Sheehy and Carol Stuart, gay community activists, who with Geoffrey Kors, helped write the City’s landmark Equal Benefits Ordinance which requires companies doing business with the City to offer their workers with domestic partners that same benefits their married colleagues received. Mr. Sheehy and Ms. Stuart wanted to recognize United Airlines for providing health benefits to domestic partners of their employees and to thank Supervisor Ammiano for his leadership and all members who supported the ordinance. They thanked the City Attorney’s office for their participation, especially the work of Deputy City Attorney Dennis Aftergut. CONSENT AGENDA Recommendations of the Finance and Labor Committee 991032 [Memorandum of Understanding-Local 798-Unit 1] Mayor Ordinance adopting and implementing the provision of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 1 and the City and County of San Francisco for the period July 1, 1999 through June 30, 2001. (Fiscal Impact) Ordinance No. 224-99 FINALLY PASSED 991033 [Memorandum of Understanding-Local 798, Unit 2] Mayor Ordinance adopting and implementing the provisions of a Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 2 and the City and County of San Francisco for the period July 1, 1999 through June 30, 2001. (Fiscal impact.) Ordinance No. 225-99 FINALLY PASSED Recommendation of the Housing and Social Policy Committee 991281 [To require the Fire Department and Department of Building Inspection to prepare the 1998 Interim Codes as Legislative Drafts] Supervisor Teng Ordinance amending Administrative Code by adding Section 67.33 to require the Fire Department and Department of Building Inspection to prepare the 1998 San Francisco Interim Codes as legislative drafts, specifying the basic organization, manner of annotation, the detail required, and the completion and public availability dates; while providing for the expiration of the effectiveness of Section 67.33. (Adds Section 67.33.) Ordinance No. 228-99 FINALLY PASSED Recommendations of the Public Health and Environment Committee 991313 [Grant from the California Youth Authority to fund the Second Chance Tattoo Removal Program which is designed to serve high-risk youth in San Francisco] Resolution authorizing the Department of Public Health, Community Health Network, to accept retroactively and expend grant funds in the amount of $71,000 from the California Youth Authority for the Second Chance Tattoo Removal Program and to enter into an agreement which does not include patent infringement indemnification and false claims clauses; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) Resolution No. 742-99 ADOPTED Recommendation of the Rules Committee 991458 [Appointment] Resolution appointing member to the Advisory Council to the Commission on Aging. (Rules Committee) (Lee Jessor, nominee of Supervisor Becerril, Seat 9 for a new two year term ending March 31, 2001.) Resolution No. 746-99 ADOPTED Recommendations of Transportation and Land Use Committee 991283 [Stop Intersections] Supervisor Yaki Resolution designating certain intersections as "Stop" intersections: STOP SIGNS - ESTABLISH 23rd Avenue and Balboa, northeast and southwest corners, stopping Balboa Avenue (makes this an all-way STOP) 33rd Avenue and Anza Street, southeast and northwest corners, stopping 33rd Avenue (makes this an all-way STOP) Resolution No. 739-99 ADOPTED 991387 [Federal Emergency Relief Funds for engineering and reconstruction of hillside to prevent further erosion and protect life, safety, and property at San Jose Avenue from Richland Avenue to Resolution authorizing the Director of Public Works to accept retroactively and expend up to $110,027 in federal Emergency Relief funds with required local matching funds of $14,061 for engineering and reconstruction of the hillside for the protection of life, safety, and property at San Jose Avenue from Richland Avenue to Highland Avenue. (Department of Public Works) Resolution No. 744-99 ADOPTED 991314 [Federal Grant for implementation of Phase 2 of the Integrated Transportation Management Plan focusing on streets affected by Pacific Bell Park, I-80 ramp project, Moscone Center, and areas Resolution authorizing the Executive Director of the Department of Parking and Traffic to retroactively apply for, accept, and expend up to $2,655,000 in Federal Surface Transportation Management Program/Congestion Management and Air Quality Improvement Program (STP/CMAQ) grants with required local matching funds of $345,000 and a waiver of indirect costs to implement the second phase of the San Francisco Integrated Transportation Management System (ITMS). (Department of Parking and Traffic) Resolution No. 743-99 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Severed From Consent Agenda 991305 [Agreement with the University of California Institute of Health Policy Studies to evaluate the impact of drug abuse treatment on demand in San Francisco] Supervisor Newsom Resolution authorizing the Department of Public Health, Population Health and Prevention Division, to enter retroactively into a subcontract in the amount of $87,864 with the University of California Institute of Health Policy Studies, the primary contractor, to support research activities to evaluate the impact of treatment on demand policies, which does not include patent infringement indemnification and false claims clauses; providing for ratification of action previously taken. (Department of Public Health) Supervisor Becerril requested this matter be severed so it could be acted on separately. Resolution No. 741-99 SEVERED FROM CONSENT AGENDA. Supervisor Leno, seconded by Supervisor Yaki, moved to excuse Supervisor Becerril, at her request, from voting on this item. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Supervisor Newsom requested to be added as co-sponsor. ADOPTED by the following vote: Ayes: 9 - Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Excused: 1 - Becerril REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 991485 [Findings - 1880 Lombard Street] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 98.532C, which authorizes the demolition of a large fast food restaurant structure with surface parking, and the construction of a three-story mixed-use building containing 27 dwelling units (including three affordable units), 10,500 square feet of retail space (with no single retail use occupying more than 6,000 gross square feet), and 46 parking spaces (43 of the spaces in an underground garage), on a 16,500 square-foot lot in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District, on property located at1880 Lombard, Lot 12 in Assessor’s Block 494. (Clerk of the Board) (Companion measure to Files 991172, 991173, 991174, 991175, 991325.) Motion No. M99-86 APPROVED by the following vote: Ayes: 7 - Becerril, Bierman, Brown, Katz, Kaufman, Yaki, Yee Noes: 3 - Ammiano, Leno, Newsom Absent: 1 - Teng Recommendation of the Housing and Social Policy Committee 990822 [Litter Removal and Ashtrays] Supervisors Teng, Bierman Ordinance amending Public Works Code Sections 170, 173 and 174 to require places of employment to provide and maintain ashtrays for patrons and employees who smoke and specifying that accumulation of cigarette and cigar butts on the public right-of-way is prohibited. (Amends Sections 170, 173 and 174.) Ordinance No. 227-99 FINALLY PASSED by the following vote: Ayes: 7 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Yaki Noes: 3 - Leno, Newsom, Yee Absent: 1 - Teng Recommendation of the Public Utilities and Deregulation Committee 991386 [Community Aggregation of Electricity] Supervisors Ammiano, Bierman Resolution urging the California Legislature to amend the State’s electric deregulation law, Chapter 854 of 1996, Sections 366(A) and (B) to authorize San Francisco and any other California municipal corporation, upon a majority vote of its governing body or registered voters, to designate itself as the automatic aggregator of electricity on behalf of its residents and businesses, such that residents and businesses shall be automatically included in the jurisdiction’s community aggregated electricity buyers’ group, unless exercising a choice for the existing electrical corporation or another provider. Supervisor Ammiano requested this matter be continued to August 16, 1999. Resolution No. 775-99 Supervisor Yaki, seconded by Supervisor Brown, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng From Committee of the Whole 990376 [Cable Television Franchise Amendments] Ordinance amending Ordinance 105-64, as amended most recently by Ordinance No. 42-97, by amending Section 25 regarding grantee’s rebuild of the San Francisco Cable System, by adding Sections 25.1 through 25.5 regarding grantee’s obligations to provide open access to its cable modem platform, to limit rebuild rate increases, to provide cable modem service to libraries, to provide a subscriber benefit during the rebuild, and to construct the rebuilt system in compliance with federal, state and local requirements, by adding Section 32.12(e) regarding grantee’s obligation to pay franchise fees on cable modem services by amending Section24(a)(ii) regarding grantee’s obligation to wire certain buildings, by amending Sections 27.1 through 27.3 regarding grantee’s transfer of management and control of the public access station to the community television Corporation, by amending Section 30 regarding subscriber passthroughs, by amending Section 31(a) and definitions in Sections 32.10, and 32.18, and by adding Sections 31(i), 31(j), 32.22, 32.23, and 32.24 to further clarify grantee’s obligations under the franchise. (Mayor) (Companion measure to File 990375.) Ordinance No. 226-99 FINALLY PASSED by the following vote: Ayes: 8 - Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki Noes: 2 - Ammiano, Yee Absent: 1 - Teng NEW BUSINESS Recommendations of the Finance and Labor Committee 991303 [Increase in grant funds to continue services of the K-9 Explosives Detection Team Program for response to bomb threats at the Airport] Resolution authorizing the Airport Commission to accept and expend a funding increase from $708,000 to $1,202,500 from the Federal Aviation Administration for the K-9 Explosives Detection Program; placing $182,000 on reserve. (Airport Commission) Resolution No. 740-99 Supervisor Yaki, seconded by Supervisor Yee, moved to excuse Supervisor Becerril, at her request, from voting on this item. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng ADOPTED by the following vote: Ayes: 9 - Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Excused: 1 - Becerril 991391 [Permitting non-city workers to perform work for the City, instead of City employees, because the non-city workers can perform the work at a lesser cost than City employees Shuttle Bus Resolution approving the Controller’s certification that Shuttle Bus Services for San Francisco International Airport’s Long-Term Parking Lot and the employee Garage DD can practically be performed by private contractor at a lower cost than if work were performed by City and County employees at presently budgeted levels. (Airport Commission) Resolution No. 745-99 Supervisor Yaki, seconded by Supervisor Yee, moved to excuse Supervisor Becerril, at her request, from voting on this item. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng ADOPTED by the following vote: Ayes: 9 - Yaki, Yee, Ammiano, Bierman, Brown, Katz, Kaufman, Leno, Newsom Absent: 1 - Teng Excused: 1 - Becerril Recommendation of the Public Health and Environment Committee 991246 [Integrated Pest Management Ordinance] Mayor, Supervisor Newsom Ordinance amending Administrative Code (The Integrated Pest Management Ordinance) Sections 39.5 and 39.6 to transfer the duties of the Agricultural Commissioner to the Department of the Environment. (Amends Sections 39.5 and 39.6.) Supervisor Newsom requested to be added as co-sponsor. Ordinance No. 231-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Recommendation of the Rules Committee 991282 [Multilingual Candidate Names on Ballots] Supervisor Yaki Ordinance amending Elections Code by adding Section 401 to require that candidates’ names on the official ballot and any sample ballots also appear in Chinese characters. (Adds Section 401.) Ordinance No. 233-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng Recommendations of the Transportation and Land Use Committee 991277 [Parking Regulations on a portion of Brannan Street] Ordinance amending Traffic Code by adding Section 32.6.26, regarding parking regulations on a portion of Brannan Street, north side, from 15 feet to 115 feet east of Boardman Place; and Brannan Street, north side, from 16 feet to 116 feet west of Boardman Place. (Department of Parking and Traffic) (Adds Section 32.6.26.) Ordinance No. 232-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng 990991 [Haight Street Alcohol Restricted Use Subdistrict] Supervisor Bierman Ordinance amending Part II, Chapter II of the Planning Code by amending Sections 186.1, 719.40, 719.41, 719.42, 719.43, 719.44, and 710.40, and by adding Section 781.9, to create the Haight Street Alcohol Restricted Use Subdistrict (RUSD), prohibiting new establishments selling alcoholic beverages in the Haight Street Neighborhood Commercial District and in NC-1 Districts within 1/4 mile of the Haight Street Neighborhood Commercial District; and adding language to the NC-1 and Haight Street Neighborhood Commercial District Use Charts announcing this Restricted Use Subdistrict as a special provision for this Neighborhood Commercial District; and making a determination of consistency with the priority policies of Planning Code Section 101.1. (Amends Sections 186.1, 719.40, 719.41, 719.42, 719.43, 719.44, and 710.40; adds Section 781.9.) Ordinance No. 229-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng 990992 [Zoning Map Change - Haight Street Alcohol Restricted Use Subdistrict] Supervisor Bierman Ordinance adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for the property currently zoned Haight Street Neighborhood Commercial Use District to add Haight Street Alcohol Restricted Use Subdistrict; and making findings pursuant to Planning Code Section 101.1. Ordinance No. 230-99 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Yaki, Yee Absent: 1 - Teng PUBLIC COMMENT Supports live/work moratorium: Dick Millet; Brad Paul; Jake. Robert O’Malley, living wage ordinance, drug policy; Male speaker, quality of life problem, more portable public restroom; Female worker, extend hours of shuttle to Laguna Honda Hospital, family services; Lawrence Sooter, Muni, lowering of steps upon request; Edmund, homeless shelter; Support Rocky Mountain steel replacement rail ban: Eric Lerner; Howard Pacheco, Jan Pacheco. Eula Walters, support Ferry Park. APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors’ task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board. 991486 [Legislative Analyst Request] Supervisor Teng Motion directing the Board of Supervisors Legislative Analyst to conduct a thorough research and policy analysis to determine the impacts of the code amendments to the Fire, Building, Electrical, Housing, Mechanical and Plumbing Codes recently adopted in Files 990716, 990788, 990790, 990792, 990794, and 990796. APPROVED by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Leno, Newsom, Yaki, Yee Absent: 2 - Kaufman, Teng 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. 991466 [Rocky Mountain Steel Replacement Rail] Supervisors Ammiano, Bierman Resolution urging the Bay Area Rapid Transit District to refrain from purchasing rail for track replacement and repair from Rocky Mountain Steel Mills until the Rocky Mountain Steel labor dispute has been resolved. Supervisor Bierman requested to be added as co-sponsor. Resolution No. 747-99 ADOPTED 991467 [Indoor Air Quality in Schools] Supervisors Becerril, Bierman, Brown, Katz, Newsom Resolution urging the school board of the San Francisco Unified School District to fully implement their indoor air quality management practices policy (policy number P3335) including allocating funds for adequate staff to replace and clean filters on a regular basis and to purchase high efficiency particulate arrestor (HEPA) vacuums. Supervisors Bierman, Brown, Katz, Newsom requested to be added as co-sponsors. Resolution No. 748-99 ADOPTED 991468 [Community Development Block Grant and Home Programs] Supervisors Becerril, Bierman, Katz Resolution urging the United States Congress to fully fund the Community Development Block Grant Home Programs at no less than $5 billion for CDBG and $1.8 billion for Home in fiscal year 2000. Supervisors Bierman, Katz requested to be added as co-sponsors. Resolution No. 749-99 ADOPTED 991469 [State Legislation, SB 6] Supervisors Newsom, Bierman, Brown, Katz Resolution supporting Senate Bill 6, the Missing Persons Bulletin Bill (which will improve the response mechanism of local officials by requiring that local police and sheriff’s departments broadcast a bulletin in its jurisdiction without delay if a missing person is under 16 years of age and by providing that the state shall reimburse costs incurred to counties). Supervisors Bierman, Brown, Katz requested to be added as co-sponsors. Resolution No. 750-99 ADOPTED 991470 [Memorial for Kevin Collins] Supervisors Newsom, Bierman, Brown, Katz Resolution urging the Recreation and Parks Commission and the Friends of Recreation and Parks to work with the Kevin Collins Foundation in memorializing Kevin Collins. Supervisors Bierman, Brown, Katz requested to be added as co-sponsors. Resolution No. 751-99 ADOPTED 991471 [Commendation] Supervisors Bierman, Kaufman, Teng, Brown, Katz, Leno, Becerril, Yaki Resolution commending Judge Dorothy von Beroldingen on the occasion of her retirement from the Municipal Court and thanking her for her many years of service to the people of San Francisco. Resolution No. 752-99 ADOPTED 991472 [Commendation] Supervisors Brown, Bierman, Katz Resolution commending the leadership of Atlanta Mayor, Mayor Bill Campbell, for defying the threat to end affirmative action. Supervisor Katz requested to be added as co-sponsor. Resolution No. 753-99 ADOPTED 991473 [Commendation] Supervisors Leno, Newsom, Ammiano, Bierman, Katz, Yee, Kaufman, Teng, Yaki, Brown, Becerril Resolution commending the Board of Directors and volunteers of the Richmond/Ermet AIDS Foundation for their outstanding contributions in the fight against HIV and AIDS and proclaiming August 2, 1999 as "Help Is On The Way Day" in San Francisco. Resolution No. 754-99 ADOPTED 991474 [Commendation] Supervisors Leno, Ammiano, Bierman, Katz, Newsom Resolution commending the Eureka Valley Promotion Association’s exhibit at the Harvey Milk Branch Library. Supervisor Newsom requested to be added as co-sponsor. Resolution No. 755-99 ADOPTED 991475 [Commendation] Supervisors Leno, Yee Resolution commending Rick Laska, Sean Love, and other volunteer employees from Certa ProPainters for donating their time, resources, and expertise to beautify the burned down Diamond Supermarket in Glen Park. Resolution No. 756-99 ADOPTED 991476 [Commendation] Supervisors Leno, Bierman, Katz, Newsom Resolution commending Marcel Marceau and proclaiming July 26, 1999 as Marcel Marceau Day in San Francisco. Supervisors Bierman, Katz, Newsom requested to be added as co-sponsors. Resolution No. 757-99 ADOPTED 991477 [Commendation] Supervisors Teng, Bierman Resolution commending Norman Yee for his distinguished work, outstanding leadership and dedication to children and families, and declaring July 24, 1999, as "Yee Family Day" in San Francisco. Supervisor Bierman requested to be added as co-sponsor. Resolution No. 758-99 ADOPTED 991483 [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. M99-84 APPROVED 991484 [Final Map, 2171 Mission Street, a 9 unit new condominium construction] Motion approving final map of 2171 Mission Street, a Mixed/Use Condominium Project, being a subdivision of Lot 34 in Assessor’s Block No. 3575, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) (DPT Order No. 171,835.) Motion No. M99-85 APPROVED 991487 [Final Map of Glen Court Subdivision at 1301 San Jose Avenue, a 26 lot subdivision] Motion approving final map of Glen Court Subdivision, being a subdivision of Lot 1 in Assessor’s Block No. 6724, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) (DPW Order No. 171,836.) Motion No. M99-87 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Katz, Leno, Newsom, Yaki, Yee Absent: 2 - Kaufman, Teng OFF-CALENDAR LEGISLATION Introduced by Supervisors or Mayor Ordinances 991462 [Medical Marijuana] Supervisors Leno, Ammiano, Bierman, Katz, Newsom Ordinance amending Health Code Section 1009.22 which prohibits smoking, to allow smoking of medical marijuana in non-profit medical marijuana buyers clubs. (Amends Article 19F, Section 1009.22.) 7/26/99, ASSIGNED UNDER 30 DAY RULE to Public Health and Environment Committee, expires on 8/25/1999. 8/2/99, SUBSTITUTED. SUBSTITUTED by Supervisor Leno in Board, bearing new title. 8/2/99, ASSIGNED UNDER 30 DAY RULE to Public Health and Environment Committee, expires on 8/25/1999. 991502 [Reporting Requirements of City Construction Contractors] Supervisors Leno, Ammiano, Katz, Bierman Ordinance amending Administrative Code Section 6.40 to require contractors for public works or improvement projects to provide data regarding their employment and personnel practices and the employment and personnel practices of their subcontractors, and to establish sanctions to be imposed on contractors for any failure to comply with these reporting requirements. (Amends Section 6.40.) 8/2/99, ASSIGNED UNDER 30 DAY RULE to Finance and Labor Committee, expires on 9/1/1999. 991503 [Declaring Contractors and Subcontractors Irresponsible Bidders] Supervisors Leno, Ammiano, Katz, Bierman Ordinance amending Administrative Code Section 12B.2 to authorize the Director of the Human Rights Commission to declare contractors and subcontractors who violate the nondiscrimination provisions of city contracts as irresponsible bidders as to future contracts and property contracts, to impose sanctions on such contractors and subcontractors, and to make nonsubstantive clerical revisions. (Amends Section 12B.2.) 8/2/99, ASSIGNED UNDER 30 DAY RULE to Finance and Labor Committee, expires on 9/1/1999. Resolutions 991504 [Treasure Island Development Authority Appointment] Mayor Resolution approving the appointment of Ms. Susan Po-Rufino to the Board of Directors of the Treasure Island Development Authority. 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. Resolution No. 782-99 991500 [Commendation] Supervisor Brown Resolution commending the life of Fannie Jo Peagler for over thirty-seven years of distinguished service with the San Francisco Unified School District. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 761-99 991505 [Proposition 187 Agreement] Supervisors Becerril, Katz, Bierman Resolution commending the Governor, Lieutenant Governor and all parties involved in reaching an agreement resolving the appeal of proposition 187. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 762-99 991506 [State Legislation, AB 106 and SB 130, Requiring Firearm Safety Devices] Supervisors Becerril, Katz, Bierman Resolution urging the State Legislature to adopt Assembly Bill 106 and Senate Bill 130 requiring that all firearms sold, transferred or manufactured in the State be accompanied by a firearms safety device and a warning label and requiring the Attorney General to implement minimum standards for firearms safety devices. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 763-99 991507 [State Legislation, SB 430, Local Code Enforcement Fees and Charges] Supervisors Becerril, Katz Resolution urging the State Legislature and Governor to approve Senate Bill 430 to assist local governments in collecting unpaid fees, costs or charges incurred in the enforcement of local ordinances by placing liens against property. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 764-99 991508 [Community Reinvestment Act] Supervisors Leno, Yaki, Katz, Becerril, Bierman, Newsom Resolution urging the United States Congress to protect the integrity of the Community Reinvestment Act by rejecting Senate-passed provisions to weaken the Act. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 765-99 991509 [State Legislation, SB 680, tax credit for donations of land to be used as open space] Supervisors Newsom, Bierman, Katz Resolution supporting SB 680, which would enact the California Land and Water Conservation Act of 1999, authorizing a tax credit donations of qualified property to be used as open space. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 766-99 991510 [Commendation] Supervisors Bierman, Katz, Leno, Becerril, Kaufman, Ammiano, Yaki, Brown, Newsom, Yee, Teng Resolution honoring Angelo Quaranta for his great contributions to the City and County of San Francisco. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 767-99 991511 [Commendation] Supervisors Katz, Ammiano, Leno, Becerril, Kaufman, Bierman, Newsom Resolution commending United Airlines for agreeing to comply with San Francisco’s landmark equal benefits ordinance. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 768-99 991512 [Proclamation] Supervisors Katz, Bierman, Newsom, Kaufman, Brown, Teng, Ammiano, Leno, Becerril Resolution proclaiming Saturday, August 28, 1999, John Handy Day in San Francisco. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 769-99 991513 [Commendation] Supervisors Katz, Yaki, Leno, Kaufman, Becerril, Bierman, Newsom Resolution honoring Sharyn Saslafsky for her years of dedication and service and her passion for improving transportation for San Franciscans. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 770-99 991514 [Proclamation] Supervisor Yaki Resolution declaring August 4, 1999 as Kim Marschner Day. 8/2/99, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 771-99 Requests for Hearing 991402 [Ballot Argument, Access to Public Meetings and Records] Hearing to consider submitting ballot argument supporting or opposing ordinance on the November 2, 1999 ballot concerning access to public meetings and records initiative. (Clerk of the Board) 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. 991403 [Ballot Argument, ATM Fees] Hearing to consider submitting ballot argument supporting or opposing ordinance on the November 2, 1999 ballot concerning the ATM fees. (Clerk of the Board) 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. 991404 [Ballot Argument, Central Freeway] Hearing to consider submitting ballot argument supporting or opposing ordinance on the November 2, 1999 ballot concerning the Comprehensive Transportation Planning and Central Freeway Replacement Act of 1999. (Clerk of the Board) 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. 991405 [Ballot Argument, Downtown Caltrain Station] Hearing to consider submitting ballot argument supporting or opposing ordinance on the November 2, 1999 ballot concerning extension of Caltrain to a downtown station. (Clerk of the Board) 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. 991406 [Ballot Arguments, Others] Hearing to consider ballot measures which are received by the Director of Elections on August 2, 3 and 4 for placement on the November 2, 1999 ballot. (Clerk of the Board) 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. 991515 [Status of Telecommunications Plan] Supervisor Bierman Hearing to consider the status of Telecommunications Plan prepared by the Department of Telecommunications and Information Services. 8/2/99, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 991516 [Outreach and Supportive Services to Homeless and At-Risk Communities] Supervisors Katz, Becerril Hearing to consider the effectiveness of outreach and supportive services, within the Department of Public Health and Department of Human Services, to the various homeless and at-risk communities. 8/2/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 991517 [Public Administrator/Public Guardian’s Office Performance Audit] Supervisor Kaufman Hearing to consider the results of the investigative and performance audit of the Public Administrator/Public Guardian’s Office. 8/2/99, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. The Chair requests this item be calendared for the September meeting. 991518 [1999 Organized Halloween Celebrations] Supervisors Leno, Ammiano, Katz Hearing to consider the City and County of San Francisco’s oversight of organized Halloween celebrations for the weekend of October 29-31, 1999. 8/2/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 991519 [Needle Exchange Through Private Pharmacies] Supervisor Newsom Hearing to consider expanding needle exchange through private pharmacies. 8/2/99, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 991520 [D.A.R.E. Program] Supervisor Newsom Hearing to consider the effectiveness of the Drug Abuse Resistance Education program. 8/2/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 991521 [Cable Television Franchise Application from RCN Telecom Services of California, Inc.] Supervisor Ammiano Hearing to consider the Cable Television Franchise Application from RCN Telecom Services of California, Inc. to construct, operate or maintain a cable television system in the City and County of San Francisco. (Filed July 30, 1999.) 7/30/99, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. Application filed July 30, 1999 by RCN Telecom Services of California, Inc. Motions 991397 [Ballot Argument, Bond Measure, Laguna Honda Hospital] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition A, a bond measure regarding Laguna Honda Hospital. 8/2/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Motion No. M99-95 991398 [Ballot Argument, Performance Measures for the Municipal Railway; Create a Municipal Transportation Agency to operate Municipal Railway and the Department of Parking and Traffic] Supervisors Newsom, Ammiano, Yaki, Kaufman, Katz, Becerril, Leno, Teng Motion authorizing proponent’s ballot argument in favor of Proposition E, a charter amendment regarding Municipal Railway. 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. Motion No. M99-88 991399 [Ballot Argument, Yerba Buena and Treasure Island district boundaries- Sixth and Eleventh Supervisorial Districts] Supervisor Ammiano Motion authorizing proponent’s ballot argument in favor of Proposition C, a charter amendment regarding district boundaries of the Sixth and Eleventh Districts. 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. Motion No. M99-89 991400 [Ballot Argument, Catastrophically-ill Sick Leave and Vacation Credit Transfer to other City employees for use as family leave] Supervisors Ammiano, Katz, Bierman, Leno Motion authorizing proponent’s ballot argument in favor of Proposition D, a charter amendment regarding catastrophic sick leave program. 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. Motion No. M99-90 991401 [Ballot Argument, Retirement Benefits for Safety Employees Who Transferred Membership in 1980] Supervisors Katz, Yaki, Ammiano, Bierman, Leno, Becerril, Teng, Newsom, Kaufman, Brown, Yee Motion authorizing proponent’s ballot argument in favor of Proposition B, a charter amendment regarding retirement benefits, safety employees. 8/2/99, RECEIVED AND ASSIGNED to Rules Committee. Motion No. M99-91 991497 [Legislative Analyst Request] Supervisor Brown Motion directing the Board of Supervisors Legislative Analyst to review and compare the proposed ordinance amending Administrative Code by adding Chapter 12.P, Sections 12.P.1 through 12.P.11, inclusive, concerning preferences in the award of city contracts for contractors that provide certain benefits or certain monetary supplements to employees and to employees’ spouses and domestic partners, to Chapter 12D, Minority/Women/Local Business Utilization Ordinance, III to ensure that the preferences created by the former do not undermine the goals of the latter. 8/2/99, ASSIGNED to Board of Supervisors. Scheduled August 9, 1999 for Board Consideration. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 991490 [MOU Amendment No. 1, Teamsters Local 856 Supervising Nurses full retirement contribution] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between Teamsters, Local 856 and the City and County of San Francisco for Supervising Nurses for the period July 1, 1998 through June 30, 2001 providing that all covered employees be placed into full retirement contribution status effective July 1, 1998 following approval of this ordinance. (Department of Human Resources) (Fiscal impact.) 7/28/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 991491 [MOU Amendment No. 1, SEIU, Local 790 Staff and Per Diem Nurses full retirement contribution] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between SEIU, Local 790 and the City and County of San Francisco for Staff Nurse and Per Diem Nurses for the period July 1, 1997 through June 30, 2000 providing that all covered employees be placed into full retirement contribution status effective July 1, 1998 following approval of this ordinance. (Department of Human Resources) (Fiscal impact.) 7/28/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. PROPOSED RESOLUTIONS 991456 [FEMA Grant for improvement of Fire Station No. 35 and Fireboat Headquarters at Pier 22-1/2 to strengthen these structures for future hazards due to major earthquake] Resolution authorizing the Department of Public Works to accept and expend a Hazard Mitigation Grant of $1,351,552 from the Governor’s Office of Emergency Services (OES) on behalf of the Federal Emergency Management Agency Program with required matching funds of $1,351,552 for a seismic improvement project; waiving indirect costs. (Department of Public Works) 7/22/99, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Resolution No. 780-99 991459 [Federal grant totaling $24,207.25 to be used for restoration, erosion control, and trail improvement at McLaren Park, Lake Merced and Twin Peaks.] Resolution authorizing the Recreation and Park Department to accept and expend a $7,241.25 grant for wildlife habitat improvement on Twin Peaks Trail, a $9,795 grant for wildlife habitat improvement at Lake Merced, and a $7,171 grant for wildlife habitat improvement for the pond at McLaren Park. (Recreation and Parks Department) 7/27/99, RECEIVED AND ASSIGNED to Parks and Recreation Committee. 991460 [State grant funds to be used for trail improvement, erosion control and restoration to be performed by S.F. Conservation Corps on contractual basis] Resolution authorizing the Recreation and Park Department to accept and expend a $82,196 grant for the rehabilitation of the Twin Peaks Trail from the State of California Recreational Trails Program. (Recreation and Parks Department) 7/27/99, RECEIVED AND ASSIGNED to Parks and Recreation Committee. 991488 [Permitting non-city workers (Polaries Research & Development, Inc.) to continue performing information booth services at S. F. International Airport because non-city workers can perform Resolution approving the Controller’s certification that Airport information booth services at San Francisco International Airport can be practically performed by a private contractor at a lower cost than if work were performed by City employees at presently budgeted levels. (Airport Commission) 7/28/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 781-99 991489 [1999 Asian Art Museum Bond Sale - Issuance of the second and final series of bonds out of the total $41,730,000 approved by the voters on November 8, 1994] Resolution authorizing and directing the sale of not to exceed $16,730,000 City and County of San Francisco General Obligation Bonds (Asian Art Museum Relocation Project) Series 1999D; 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 funds related thereto; approving the forms of official notice of sale of Bonds and notice of intention to sell Bonds; directing the publication of the 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. (Mayor) 7/28/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. Resolution No. 796-99 991492 [1999 Refugee County Plan - Funds are allocated each year by the federal Office of Refugee Settlement, administered by PIC for services and assistance to refugees] Resolution approving the San Francisco Federal Fiscal Year 1999 Refugee County Plan and authorizing the Private Industry Council of San Francisco, Inc. to accept and expend approximately $1,170,012 of Federal refugee funds in line with the Refugee County Plan. (Private Industry Council) 7/28/99, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 991493 [Garbage Liens - Department of Public Health] Resolution confirming report of delinquent charges for refuse collection services and nuisance removal costs submitted by the Director of Public Health as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. (Department of Public Health) 7/28/99, SCHEDULED FOR PUBLIC HEARING. Scheduled for August 23, 1999, at 3:00 p.m. Resolution No. 797-99 Requests Granted By Supervisor Brown, that letter of inquiry be sent to the General Manager, Public Utilities, requesting the following information be provided within five working days of the receipt of this inquiry: What is the total number of watershed properties the City and County of San Francisco owns, the location of such property, the estimated rental and market value of such properties, the chain of title for each of the aforementioned properties, as well as the Public Utilities Commission’s rules and/or regulations presently governing chain of title to such properties. By Supervisor Newsom, that letter be sent to the City Attorney requesting legislation be drafted to expand the City Housing Code violation of nuisance to include specific standards for mold and mildew. By Supervisor Newsom, that letter be sent to the City Attorney requesting legislation be drafted which would require that gasoline wholesalers that are granted a variance to the 1996 Clean Air Act by the California Air Resources Board to sell gasoline that does not meet the stringent air standards of California be required to provide signage in English, Spanish and Chinese that is at least 8 « by 11 inches informing the consumer that they are purchasing gasoline that is harmful to the environment and not in compliance with the 1996 Clean Air Act and the signage must be posted in a visible location at the gas pump. If the retailer is a owned subsidiary of the wholesaler then this ordinance shall apply to the wholesaler. By Supervisor Newsom, that letter be sent to the Presidio Trust, attention Jane Blackstone and Craig Middleton, to inquire whether it would be possible to accommodate the Sacred Heart Cathedral in finding access to an alternative athletic field, given the fact that the field they have been using, Paul Goode Field, will be leased for exclusive use to By Supervisors Yaki, Becerril that letter be sent to the City Attorney requesting legislation be drafted which would require disclosure of felony convictions of future appointees to San Francisco Board or Commissions who make decisions which directly confer or have a direct impact on economic benefits to private parties. By Supervisors Yaki, Ammiano, that letter be sent to the City Attorney and the Human Rights Commission requesting a briefing, in closed session if necessary, to determine exactly what is going on with the FBI investigation into the procedures at the Human Rights Commission which led to the federal agency’s shutdown of the HRC office in San Francisco. By Supervisor Ammiano, that letter be sent to the Director, Department of Telecommunications and Information Services to review and prepare a report and the necessary legislation on the attached application from RCN Telecom Services of California, Inc. for a franchise to construct, operate or maintain a cable television system in the City and County and to report back to the Board within 30 days. File 991251. By Supervisor Ammiano, that letter be sent to the Telecommunications Commission (formerly Cable Television Task Force) requesting they schedule and hold a hearing to evaluate the application from RCN Telecom Services of California, Inc. for a franchise to construct, operate or maintain a cable television system in the City and County of San Francisco and report back to the Board of Supervisors within 60 days. File 991251. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Sara Heller (By the entire Board) Judith Gage Whitaker (Supervisor Bierman) William Harrison (Supervisor Katz) Pedro Celaya (By the entire Board" ADJOURNMENT There being no further business, the Board at the hour of 3:38 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 September 13, 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.