Board of Supervisors Minutes: February 22, 2000

Agenda & Minutes Archive City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Tuesday, February 22, 2000 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, Barbara Kaufman, Mark Leno, Gavin Newsom, Mabel Teng, Michael Yaki, Leland Y. Yee. Members Excused: None. Members Absent: Leslie Katz. 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 2:00 p.m.On call of the roll, the following Supervisors were noted absent: Supervisors Becerril, Katz, Leno - 3. Quorum present. Supervisor Becerril was noted present at 2:01 p.m. SupervisorKatz was excused.(See infra.) SupervisorLeno was noted present at2:02 p.m. Supervisor Katz Excused from Attendance Supervisor Kaufman, seconded by Supervisor Teng, moved to excuse Supervisor Katz from attending today’s meeting. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz APPROVAL OF MEETING MINUTES Supervisor Teng, seconded by Supervisor Yaki, moved to APPROVE the January 24,2000 Meeting Minutes. The motion carried by the following vote: Ayes: 9 - Ammiano, Becerril, Bierman, Brown, Kaufman, Newsom, Teng, Yaki, Yee Absent: 2 - Katz, Leno AGENDA CHANGES Supervisor Becerril indicated she intends to move to continue the six items concerning landmarking the Doggie Diner sign and site when the matter is called before the Board.See infra. CONSENT AGENDA Recommendation of the Finance and Labor Committee 000107 [Approval of 10-year lease with Information Network Radio, Inc. for Roundhouse One Building, 1500 Sansome Street at The Embarcadero] Resolution approving lease agreement with Information Network Radio, Inc. and the City and County of San Francisco operating by and through the San Francisco Port Commission for Roundhouse One Building, at Sansome and The Embarcadero, San Francisco, California. (Port) Resolution No. 137-00 ADOPTED Recommendation of the Housing and Social Policy Committee 000174 [Continuing grant from the State Office of Criminal Justice Planning to fund one prosecutor (existing attorney position) to handle cases of domestic violence, sexual assault and stalking Supervisor Newsom Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds made available through the Office of Criminal Justice Planning for a project entitled "Violence Against Women Vertical Prosecution - Elder Abuse" and waiving indirect costs due to funding constraints. (District Attorney) Supervisor Newsom requested to be added as sponsor. Resolution No. 161-00 ADOPTED Recommendations of the Public Health and Environment Committee 000135 [State grant fund to be used for installing rubber matting made from recycled tires in playgrounds in San Francisco.] Supervisor Newsom Resolution authorizing the Mayor’s Office of Community Development to apply, accept and expend, up to $25,000 in Tire Recycling Grant Funds from the California Integrated Waste Management Board (CIWMB); waiving indirect costs. (Mayor) Supervisor Newsom requested to be added as sponsor. Resolution No. 159-00 ADOPTED 000136 [Authorizing DPH to accept and expend a grant from Harvard to establish an active firearm injury-related surveillance program] Resolution authorizing the Department of Public Health, Population Health and Prevention, Community Health Promotion and Prevention, to accept retroactively and expend a grant in the amount of $48,649 from the President and Fellows of Harvard College, Office for Sponsored Research (Harvard), for the Violent Injury Research Project: San Francisco Firearm Injury Surveillance System and to enter into an agreement which includes indemnification, binding arbitration, and rights in data clauses and which does not include patent infringement indemnification and false claims clauses; providing for ratification of action previously taken. (Public Health Department) Resolution No. 157-00 ADOPTED Recommendations of the Rules Committee 000180 [Appointment] Resolution appointing seven members to the Sustainable Funding for School Arts and Music Task Force, waiving residency requirement. Jamar Grundy, Seat 1, at-large member who shall be a student in the San Francisco Unified School District, new term to be determined; Gail Baugh, Seat 2, at-large member who shall be a parent of a student in the San Francisco Unified School District, new term to be determined; Robert Landis, Seat 3, at-large member who shall be a teacher in the San Francisco Unified School District, new term to be determined; Marlene Sarizky, Seat 4, at-large member representing the interests of the business community, new term to be determined; Larry Harper, Seat 5, at-large member representing the interests of the philanthropic community, new term to be determined; Margaret Brodkin, Seat 6, at-large member representing a youth advocacy organization, new term to be determined; Brenda Berlin, Seat 7, at-large member representing an arts advocacy organization, new term to be determined. Resolution No. 163-00 ADOPTED 000280 [Appointment] Resolution appointing two members to the Veterans Affairs Commission. George Gibbs, Seat 6, succeeding himself, must be a veteran with a physical disability arising from military service, new four-year term ending January 31, 2004; Glenn Raswyck, Seat 9, succeeding himself, must be an at-large appointment, new four year-term ending January 31, 2004. Resolution No. 171-00 ADOPTED 000281 [Appointment] Resolution appointing one member to the Lead Hazard Reduction Citizens Advisory Committee. Alice Bussiere, Seat 5, succeeding herself, must represent child care, new four-year term ending December 22, 2003. Resolution No. 172-00 ADOPTED 000282 [Appointment] Resolution appointing three members to the Hazardous Materials Advisory Committee. Peter Demos, Seat 3, succeeding, Doug Kern, must represent industry, unexpired portion of four-year term ending July 31, 2000; Doug Kern, Seat 13, succeeding Barney Popkin, must represent environmental organization, unexpired portion of four-year term ending July 1, 2001; Darwin Helmuth, Seat 19, succeeding Alice Glasner, must represent the Department of City Planning, unexpired portion of four-year term ending July 1, 2002. Resolution No. 173-00 ADOPTED 000283 [Appointment] Resolution appointing two members to the Advisory Council to the Commission on Aging. Ernestine McGoldrick, Seat 7, succeeding herself, must be nominee of Supervisor Leno, new two-year term ending March 31, 2000. William F. Hollabaugh, Seat 11, succeeding himself, must be nominee of Supervisor Ammiano, new two-year term ending March 31, 2001. Resolution No. 174-00 ADOPTED Recommendations of the Transportation and Land Use Committee 000008 [Amending Traffic Code3.6.1 regardingSan Francisco Downtown Core, the area surrounded by and includingWashington, Stockton, 4th, and King Streets and The Embarcadero] Supervisor Newsom Ordinance amending Traffic Code by amending Section 3.6.1, regarding the Downtown Core boundaries. (Parking and Traffic Department) (Amends Section 3.6.1.) Ordinance No. 34-00 FINALLY PASSED 000017 [Tour Bus Loading Zones] Ordinance amending Article 3, Chapter XI, Part II of the San Francisco Municipal Code (Traffic Code) by adding Section 66, regarding tour bus loading zones, and amending Section 71b, regarding towing of vehicles obstructing the normal flow of traffic. (Parking and Traffic Department) (Adds Section 66; amends Section 71b.) Ordinance No. 35-00 FINALLY PASSED 000147 [Approving recommendation of the City Engineer concerning acceptance of Dolores Terrace for maintenance purposes] Ordinance accepting for purposes of maintenance Dolores Terrace, subject to specified limitations, pursuant to California Streets and Highways Code Section 1806, San Francisco Administrative Code Section 1.52, and Department of Public Works Order No. 172,106. (Public Works Department) Ordinance No. 36-00 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz REGULAR AGENDA UNFINISHED BUSINESS 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 six items. The President resumed the Chair shortly thereafter. From the Clerk (Only one of the following two motions should be adopted.) 992111 [Landmark Appeal, 2750 Sloat Boulevard (Doggie Diner Sign and Site)] Motion approving decision of the Planning Commission by its Resolution No. 14915, disapproving the proposal to designate the Doggie Diner Sign, and site at 2750 Sloat Boulevard containing the Carousel Restaurant building as a landmark pursuant to Article 10 of the Planning Code. (Clerk of the Board) Supervisor Yaki requested this matter be continued to February 28, 2000. Supervisor Yaki, seconded by Supervisor Brown, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 992112 [Landmark Appeal, 2750 Sloat Boulevard (Doggie Diner Sign and Site)] Motion disapproving decision of the Planning Commission by its Resolution No. 14915, disapproving the proposal to designate the Doggie Diner Sign, and site at 2750 Sloat Boulevard containing the Carousel Restaurant building as a landmark pursuant to Article 10 of the Planning Code. Supervisor Yaki requested this matter be continued to February 28, 2000. Supervisor Yaki, seconded by Supervisor Brown, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 992218 [Landmark Designation, Doggie Diner Sign andCarousel Building at 2750 Sloat Boulevard] Ordinance designating the Doggie Diner Sign and site at 2750 Sloat Boulevard, as Landmark No. 212 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. Supervisor Yaki requested this matter be continued to February 28, 2000. Supervisor Yaki, seconded by Supervisor Brown, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz (Only one of the following two motions should be adopted.) 992200 [Landmark Appeal, 2750 Sloat Boulevard (Doggie Diner Sign)] Motion approving decision of the Planning Commission by its Resolution No. 14915, disapproving the proposal of the Landmarks Preservation Advisory Board to designate the Doggie Diner Sign at 2750 Sloat Boulevard as a landmark pursuant to Article 10 of the Planning Code. Supervisor Yaki requested this matter be continued to February 28, 2000. Supervisor Yaki, seconded by Supervisor Brown, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 992201 [Landmark Appeal, 2750 Sloat Boulevard (Doggie Diner Sign)] Motion disapproving decision of the Planning Commission by its Resolution No. 14915, disapproving the proposal of the Landmarks Preservation Advisory Board to designate the Doggie Diner Sign at 2750 Sloat Boulevard as a landmark pursuant to Article 10 of the Planning Code. Motion failed adoption. Supervisor Yee, seconded by Supervisor Newsom, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 5 - Ammiano, Bierman, Leno, Newsom, Yee Noes: 5 - Becerril, Brown, Kaufman, Teng, Yaki Absent: 1 - Katz 992221 [Landmark Designation, Doggie Diner Sign at 2750 Sloat Boulevard] Ordinance designating the Doggie Diner Sign at 2750 Sloat Boulevard, as Landmark No. 212 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. Supervisor Yaki requested this matter be continued to February 28, 2000. Supervisor Yaki, seconded by Supervisor Brown, moved that this Ordinance be CONTINUED ON FIRST READING. The motion carried by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz Recommendation of the Small Business, Economic Vitality and Consumer Services Committee 991878 [Regulations for Rodeo Exhibits and Shows] Supervisors Leno, Bierman Ordinance amending Police Code Section 1020 to require that a qualified veterinarian be present at all times during rodeo exhibitions and shows, animals be used in humane events only, and notification be sent to the Commission on Animal Control and Welfare of proposed events. (Amends Section 1020.) Supervisor Becerril dissenting in Committee. Supervisor Leno moved to amend page two, lines 10 and 11 by deleting "steer wrestling, calf roping," Ordinance No. 37-00 Supervisor Leno, seconded by Supervisor Brown, moved that this Ordinance be AMENDED. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz NEW BUSINESS Recommendations of the Finance and Labor Committee 000068 [Authorizing the creation of a new account in the City Treasury for the deposit of Tobacco Settlement Revenue] Ordinance amending Administrative Code by adding Section 10.117-90 establishing the Tobacco Settlement Revenue Account. (City Attorney) (Adds Section 10.117-90. Companion measure to File 000069) Ordinance No. 38-00 PASSED, ON FIRST READING by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz 000144 [Selling of tax-defaulted (longer than 5 years) real property at public auction] Resolution authorizing the Tax Collector to sell at public auction certain parcels of tax-defaulted real property. (Treasurer-Tax Collector) Resolution No. 160-00 ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz From Housing and Social Policy Committee Without Recommendation 000151 [Pedestrian Decoy Program] Supervisors Katz, Leno Resolution urging the San Francisco Police Department and the Department of Parking and Traffic to establish a pedestrian decoy program to reduce the number of violations of pedestrian’s right-of-way and decrease the number of pedestrian injuries and fatalities. At the request of Supervisor Katz, Supervisor Leno moved to continue this matter to February 28, 2000. Supervisor Leno, seconded by Supervisor Teng, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz Recommendation of the Public Health and Environment Committee 000176 [Authorizing DPH to enter into a subcontract agreement with UC Berkeley to provide data and consultation in connection with mental health services research] Resolution authorizing the Department of Public Health, Population Health and Prevention, Community Mental Health Services, to enter retroactively into a subcontract in the amount of $4,652 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. (Public Health Department) Resolution No. 162-00 Supervisor Yaki, seconded by Supervisor Brown, moved to excuse Supervisor Becerril from voting on this matter. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz ADOPTED by the following vote: Ayes: 9 - Ammiano, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz Excused: 1 - Becerril Recommendation of the Rules Committee 000112 [Board Meeting Schedule] Supervisor Ammiano Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the July 3, 2000, November 27, 2000 and December 26, 2000 meetings and by canceling all Board and Committee meetings from August 29 through September 17, 2000. Resolution No. 158-00 ADOPTED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz 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 six items. The President resumed the Chair shortly thereafter. Supervisor Kaufman, seconded by Supervisor Becerril, moved that the Board of Supervisors vote on the six appointments by a single roll call vote. The motion carried by the following vote: Ayes:6- Becerril, Bierman, Brown, Kaufman, Teng, Yaki. Noes: 4- Ammiano, Leno, Newsom, Yee. Absent: 1 - Katz Supervisor Newsom requested the matters be considered seriatim. From Rules Committee Without Recommendation 000190 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of Michael Casey to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 164-00 ADOPTED by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 000191 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of H. Welton Flynn to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 165-00 ADOPTED by the following vote: Ayes: 7 - Becerril, Bierman, Brown, Kaufman, Leno, Teng, Yaki Noes: 3 - Ammiano, Newsom, Yee Absent: 1 - Katz 000192 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of Shirley Breyer Black to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 166-00 ADOPTED by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 000193 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of James Bourgartto the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 167-00 ADOPTED by the following vote: Ayes: 8 - Becerril, Bierman, Brown, Kaufman, Newsom, Teng, Yaki, Yee Noes: 2 - Ammiano, Leno Absent: 1 - Katz 000194 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of Jose Cisneros to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 168-00 ADOPTED by the following vote: Ayes: 8 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki Noes: 2 - Ammiano, Yee Absent: 1 - Katz 000195 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of Enid Ng Lim to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 169-00 ADOPTED by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz 000196 [Appointment - Municipal Transportation Agency] Resolution confirming the appointment of Cleopatra Vaughns to the Board of Directors of the Municipal Transportation Agency for a term commencing March 1, 2000. (Mayor) Resolution No. 170-00 ADOPTED by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Noes: 1 - Ammiano Absent: 1 - Katz PUBLIC COMMENT Abdalla Megahed, grand opening of Red Sea Cafe, to donate $1 for every $5 earned to the City to help the homeless; Shirley Berily, Richard Ow, filed ballot initiative to limit the number of tenancy in common conversion to maintain affordable housing; Edward Evans, request consideration of closed or open caption of all Board and committee hearings; Betty McGovern, oppose the one block extension of Davis Street for traffic access, useless, disruptive and offensive; Semere Mesfun, owner, Red Sea Cafe; Tate Swendell, AIDS is over, HIV is not the cause for AIDS, India is questioning the use of ATZ for pregnant women, City statistics indicates AIDS cases are down; Gordan Reynolds, lack of news rack space for neighborhood publications (written statement submitted); Alex Popovich, concerning reduction in half the allocation of news rack space to publications that publish less often, urge historical preservation consideration. Note:Written statements presented during public comment are on file in the Office of the Clerk of the Board of Supervisors and are available for review in File 000020. 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. 000314 [Legislative Analyst Request] Supervisor Yaki Motion asking the Legislative Analyst to analyze and compare the two legislation concerning massage establishments and massage services and delineate the technical and substantive differences between the two ordinances (Files 991965 and 991109). The analysis should be completed by March 1, 2000 or prior to the committee hearing if either ordinance is calendared, whichever occurs first. APPROVED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz 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. 000302 [Sustainable Funding for School Arts and Music Task Force] Supervisors Teng, Leno, Bierman, Brown Resolution adding two seats to the Sustainable Funding for School Arts and Music Task Force: an at-large seat who shall be a teacher in the San Francisco Unified School District and an at-large seat who shall be a member of an arts advocacy organization. Supervisors Bierman, Brown requested to be added as co-sponsors. Resolution No. 175-00 ADOPTED 000303 [A Day of Love and Sorrow] Supervisors Leno, Bierman, Newsom, Teng, Yee, Brown, Yaki, Ammiano, Katz, Becerril Resolution being aware of the hundred of individuals who died homeless in our community over the years and declaring February 27, 2000 "A Day of Love and Sorrow, Remembering the 169 Men, Women and Children Who Died Homeless in San Francisco in 1999". Resolution No. 181-00 ADOPTED 000304 [Commendation] Supervisors Brown, Newsom, Teng, Yaki, Bierman Resolution commending the Bay Area Urban League, Inc. on its 54 year anniversary. Supervisors Newsom, Teng, Yaki, Bierman requested to be added as co-sponsors. Resolution No. 176-00 ADOPTED 000305 [Commendation] Supervisors Brown, Bierman Resolution commending the Center for California Studies for its Capital Fellowship Program. Supervisor Bierman requested to be added as co-sponsor. Resolution No. 177-00 ADOPTED 000306 [Commendation] Supervisors Leno, Bierman, Newsom, Yaki Resolution commending the Harvey Milk Institute on its fifth anniversary for the important work it accomplishes in education and community empowerment. Supervisors Newsom, Yaki requested to be added as co-sponsors. Resolution No. 178-00 ADOPTED 000307 [Commendation] Supervisors Newsom, Yaki, Bierman, Brown Resolution commending Susan Kim, departing Director of the San Francisco Youth Commission. Supervisors Yaki, Bierman, Brown requested to be added as co-sponsors. Resolution No. 179-00 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz Severed From For Adoption Without Committee Reference Agenda 000308 [Commendation] Supervisors Becerril, Newsom, Leno Resolution commending Pathways for Kids for providing mentorship to at risk youth. Supervisor Becerril requested this matter be severed so it could be considered separately. Resolution No. 180-00 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Becerril moved an amendment of the whole bearing same title. Supervisor Becerril, seconded by Supervisor Kaufman, 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, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz Supervisors Teng, Yaki, Bierman requested to be added as co-sponsors. ADOPTED AS AMENDED by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz 000317 [Appointment - Peninsula Corridor Study Joint Powers Board] Resolution appointing Supervisor Tom Ammiano as a member to the Peninsula Corridor Study Joint Powers Board. (Clerk of the Board) Supervisor Ammiano requested this matter be severed so it could be considered separately. Resolution No. 182-00 SEVERED FROM FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA. Supervisor Leno, seconded by Supervisor Kaufman, moved to excuse Supervisor Ammiano from voting on this matter. The motion carried by the following vote: Ayes: 10 - Ammiano, Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz ADOPTED by the following vote: Ayes: 9 - Becerril, Bierman, Brown, Kaufman, Leno, Newsom, Teng, Yaki, Yee Absent: 1 - Katz Excused: 1 - Ammiano OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 990252 [Living Wage Ordinance] Supervisors Ammiano, Bierman Ordinance amending the Administrative Code by adding Chapter 12N (Sections 12N.1 through 12N.13) to provide that a prescribed minimum level of compensation (A "Living Wage") be paid to certain employees of parties who enter into contracts for the exclusive use of property owned by the City and County and to certain employees of parties who enter into contracts for the exclusive use of property owned by the City and County; adds Section 20.58.6 to provide that the number of hours of services required of general assistance recipients who are performing services in order to maintain eligibility shall be calculated using the living wage; adds Section 20.77.6 to provide that the maximum number of hours of services required of persons who are performing services in order to maintain eligibility for the monthly PAES stipend shall be calculated using the living wage; and adding Section 70.11 to provide that employees of the In-home Supportive Services Public Authority be paid the living wage. (Fiscal impact; Adds Sections 12N.1 through 12N.13, 20.58.6 and 20.77.6.) 2/17/99, RECEIVED AND ASSIGNED to Finance and Labor Committee. 5/3/99, SUBSTITUTED. Supervisor Ammiano presented a living wage ordinance. 5/3/99, ASSIGNED UNDER 30 DAY RULE to Finance and Labor Committee, expires on 6/2/1999. 2/22/00, SUBSTITUTED. Submitted by Supervisor Ammiano in Board. 2/22/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000333 [Settlement of Lawsuit, Eminent Domain for Moscone Convention Center Expansion Project] Supervisor Kaufman Ordinance authorizing settlement of litigation of City and County of San Francisco against Main Street California, Inc., dba TGI Friday’s for $1,694,647. (Fiscal impact; City and County of San Francisco v. WCB More II Limited Partnership, San Francisco Superior Court No. 997-764; filed September 10, 1998.) 2/22/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Sponsor requests this item be scheduled for the March 7, 2000 meeting. 000334 [Settlement of Lawsuit, Eminent Domain for Moscone Convention Center Expansion Project] Supervisor Kaufman Ordinance authorizing settlement of litigation of City and County of San Francisco against Chelsea Development Company, LLC et al. for $7,840,667. (Fiscal impact; City and County of San Francisco v. Chelsea Development Co., LLC et al., San Francisco Superior Court No. 997-765; filed September 10, 1998.) 2/22/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Sponsor requests this item be scheduled for the March 7, 2000 meeting. 000335 [Feeding of Wild Birds] Supervisor Leno Ordinance amending Health Code Section 37 to permit the feeding of wild birds. (Amends Section 37.) 2/22/00, ASSIGNED UNDER 30 DAY RULE to Public Health and Environment Committee, expires on 3/23/2000. Resolutions 000329 [Asthma epidemic in Bayview Hunter’s Point Community] Supervisors Brown, Bierman Resolution calling for a study of the asthma epidemic in the Bayview Hunter’s Point community. 2/22/00, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 000336 [Grant funds to support the Juvenile Justice Action Plan] Supervisor Yaki Resolution authorizing the Mayor’s Criminal Justice Council to accept and expend a grant in the amount of $474,961 from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), to support the implementation of the comprehensive effort to reform the City and County of San Francisco’s Juvenile Justice System. 2/22/00, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 000337 [Bill and Melinda Gates Grant Funds] Supervisors Becerril, Newsom Resolution authorizing the Public Library to retroactively accept and expend grants in the amount of $262,900 from the Bill and Melinda Gates Foundation to purchase computer equipment for 15 neighborhood branch libraries and to equip a public access training lab in the main library. 2/22/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 000338 [San Francisco Junior Tennis League] Supervisors Teng, Bierman, Brown, Katz, Becerril Resolution endorsing the establishment and development of a citywide San Francisco Junior Tennis League and urging the Department of Recreation and Parks to work collaboratively with the U. S. Tennis Association, the Youth Tennis Association, the National Junior Tennis League, the Professional Tennis Association, the San Francisco Unified School District, and other national and local organizations to bring tennis to San Francisco’s children. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 187-00 000339 [John McCain] Supervisors Teng, Bierman, Ammiano, Leno, Brown, Katz Resolution urging Senator John McCain to apologize to the American people for using the offensive epithet "gooks" and to cease immediately from repeating it, and urging government leaders and all Americans to condemn Senator McCain’s use of the racial slur. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 188-00 000340 [24 Willie Mays Plaza] Supervisors Yaki, Bierman, Brown, Katz, Becerril Resolution urging the Port Commission to officially rename the south side of King Street bounded by Second and Third Streets to 24 Willie Mays Plaza, and requesting the Department of Public Works to erect double signage at this location. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 189-00 000341 [Michael Bernick Appointment] Supervisor Becerril Resolution urging the President Pro Tem of the California State Senate to appoint Michael Bernick to be Director of the State Employment Development Department. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 190-00 000342 [Commendation] Supervisors Teng, Brown, Katz, Becerril Resolution commending the Chinese American Voters Education Committee on the occasion of their Chinese New Year celebration and declaring February 17, 2000 to be "Chinese American Voters Education Committee Day" in San Francisco. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution No. 191-00 Requests for Hearing 000325 [Hetch Hetchy Water System Renovation and Repair Plan] Supervisor Brown Hearing to consider the major renovation and repairs needed on the Hetch Hetchy water system that supplies water for approximately 2.4 million Bay Area residents, including drinking water to San Francisco residents. 2/22/00, RECEIVED AND ASSIGNED to Public Utilities and Deregulation Committee. 000343 [Single screen movie theaters] Supervisor Newsom Hearing to consider the status of San Francisco’s single screen movie theaters. 2/22/00, RECEIVED AND ASSIGNED to Small Business, Economic Vitality and Consumer Services Committee. 000344 [Sale of KRON-TV (Channel 4) and BayTV (Channel 35)] Supervisor Yaki Hearing to evaluate the impact of the sale ofKRON-TV and BayTV to Young Broadcasting on San Francisco citizens and station employees. 2/22/00, RECEIVED AND ASSIGNED to Small Business, Economic Vitality and Consumer Services Committee. Motions 000345 [Transfer of File] Supervisors Becerril, Brown Motion transferring File No. 000260, a hearing to consider the Environmental Impact Report on the Reuse of Hunters Point Shipyard from the Finance and Labor Committee to the Transportation and Land Use Committee. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000346 [Needle Exchange Emergency] Supervisors Ammiano, Becerril, Bierman, Brown, Katz, Kaufman, Leno, Newsom, Teng, Yaki, Yee Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. 2/22/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motion No. M00-19 Introduced by the President at the Request of Departments PROPOSED ORDINANCES 000288 [Settlement of Lawsuit] Ordinance authorizing settlement of litigation of Gina Balestrieri against the City and County of San Francisco by payment of $65,000. (City Attorney) (S. F. Superior Court No. 985-591; filed on March 26, 1997.) 2/14/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Confidential letter dated 1/05/000 is on file with the Clerk of the Board. 000300 [Settlement of Lawsuit] Ordinance authorizing settlement of litigation of Caryn Lamp ($110,000), Leland Lamp ($1,000), and Mariah Lamp ($4,000) by and through her Guardian Ad Litem against the City and County of San Francisco for a total amount of $115,000. (City Attorney) (S.F. Superior Court No. 301.009; filed on February 5, 1999.) 2/16/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Confidential letter dated 12/21/99 is on file with the Clerk of the Board. 000319 [Repealing Traffic Code regarding parking regulations on both sides of Plum Street from South Van Ness Avenue to a point approximately 100 feet westerly] Ordinance repealing Traffic Code Section 32.1.8, regarding parking regulations on a portion of Plum Street. (Parking and Traffic Department) (Repeals Section 32.1.8.) 2/16/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. PROPOSED RESOLUTIONS 000279 [Grant funds to implement clean air vehicle projects of MUNI Railway and Department of Administrative Services, to reduce air pollution from motor vehicles] Resolution authorizing the Director of Administrative Services to accept and expend $1,986,000 from the Bay Area Air Quality Management District’s Transportation fund for clean air for various projects including one to be developed by the San Francisco Municipal Railway, and authorizing the Directors of Administrative Services and San Francisco Municipal Railway to execute agreements with the Bay Area Air Quality Management District, whereby, the City would indemnify the District from claims resulting from the City’s performance of said agreements. (Administrative Services Department) 2/10/00, RECEIVED AND ASSIGNED to Public Health and Environment Committee. 000287 [Settlement of Claim] Resolution approving the settlement of unlitigated claim of Patterson Environment Response Trust by payment of $42,989.00. (City Attorney) (U.S. Environmental Protection Agency’s Unilateral Administrative Order No. 98-12A; Claim No. 99-03838; filed on November 30, 1999.) 2/14/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Confidential letter dated January 12, 2000 is on file with the Clerk of the Board. 000291 [Authorizing DPH to enter into an agreement with UCSF Stanford Health Care to provide administrative services for UCSF pursuant to its contract with S.F. Health Plan for providing services Resolution authorizing the Department of Public Health, Community Health Network (CHN), to enter into an agreement with UCSF Stanford Health Care (UCSF) which does not include intellectual property indemnification and false claims clauses to provide administrative services for UCSF pursuant to its contract with the San Francisco Health Plan for the provision of services to Medi-Cal beneficiaries; retroactive to January 1, 2000. (Public Health Department) 2/16/00, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this matter be calendared at the March 9, 2000 meeting. 000318 [Approving award of New International Terminal Fine Dining Restaurant Lease to GQC Holdings, Inc. at a minimum annual rent of $134,300 for the first year.] Resolution approving New International Terminal Fine Dining Restaurant Lease to GQC Holdings, Inc., a certified disadvantaged business enterprise, and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) 2/16/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000320 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections: STOP SIGNS - ESTABLISH 24th and Rhode Island Streets, northeast and southwest corners, stopping 24th Street (makes this uncontrolled intersection a two-way STOP) Curtis and Morse Streets (east intersection), northeast and northwest corners, stopping westbound Morse Street and southbound Curtis Street Curtis and Morse Streets (west intersection), southeast and southwest corners, stopping eastbound Morse Street and northbound Curtis Street Joost and Ridgewood Avenues, northeast and southwest corners, stopping Joost Street (makes this uncontrolled intersection a two-way STOP) Newton and Morse Streets, northwest and southeast corners, stopping Newton Street (makes this an all-way STOP) (Parking and Traffic Department) (DPT Order No. 1926.) 2/16/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 000321 [ParkingRegulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations: NO PARKING ANYTIME - RESCIND Buchanan Street, east side, between Eddy and Willow Streets Willow Street, south side, between Buchanan and Laguna Streets PARKING METER AREA NO. 3 (1-HOUR PARKING TIME LIMIT, 9 AM - 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH Haight Street, south side, from Gough Street to 195 feet westerly (195-foot zone) NO PARKING ANYTIME - RESCIND TOW-AWAY, NO PARKING ANYTIME - ESTABLISH 19th Street, south side, from Seward Street to the east property line of 4555-19th Street TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Vallejo Street, along west terminus west of Mason Street, from the south curb to 33 feet northerly (33-foot zone) Vallejo Street, south side, from 24 feet to 30 feet east of the west terminus west of Mason Street (6-foot zone) UNMETERED MOTORCYCLE PARKING - ESTABLISH Townsend Street, south side, from east 5th Street crosswalk to 35 feet westerly (35-foot zone, accommodating 10 motorcycle spaces) (Parking and Traffic Department) (DPT Order No. 1926.) 2/16/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 000322 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: BICYCLE LANES - ESTABLISH Market Street, eastbound, between 12th Street and South Van Ness Avenue Market Street, westbound, from Gough Street to 150 feet easterly Market Street, westbound, from Van Ness Avenue to 150 feet easterly TOW-AWAY, NO STOPPING, 7 AM - 9 AM, MONDAY THROUGH FRIDAY - ESTABLISH Market Street, south side, from Valencia Street to 151 feet westerly (151-foot zone) TOW-AWAY, NO STOPPING, 4 PM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH Market Street, north side, from Gough Street to 370 feet westerly (370-foot zone) NO LEFT TURN - ESTABLISH The Embarcadero, southbound, at Washington Street NO LEFT TURN, 7 AM - 9 AM, EXCEPT SATURDAY AND SUNDAY - ESTABLISH Masonic Avenue, southbound, at Grove Street NO LEFT TURN, 4 PM - 7 PM, EXCEPT SATURDAY AND SUNDAY - ESTABLISH Masonic Avenue, northbound, at Grove Street NO LEFT TURN, 7 AM - 9 AM AND 4 PM - 6 PM, EXCEPT SUNDAY - RESCIND Masonic Avenue, northbound and southbound, at Hayes Street NO LEFT TURN, 7 AM - 9 AM AND 4 PM - 7 PM, EXCEPT SUNDAY - ESTABLISH Masonic Avenue, northbound, at Hayes Street ONE-WAY STREET - RESCIND Willow Street, westbound, between Buchanan and Laguna Streets (direction of traffic to be reversed) ONE-WAY STREET - ESTABLISH Willow Street, eastbound, between Buchanan and Laguna Streets (reverses direction of traffic) TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Townsend Street, south side, from 3rd Street to 325 feet westerly (325-foot zone) TOW-AWAY, NO STOPPING ANYTIME, EXCEPT TOUR BUSES - RESCIND Mint Street, east side, from Mission Street to 165 feet northerly (165-foot zone) TOW-AWAY, NO STOPPING ANYTIME, EXCEPT TOUR BUSES - ESTABLISH Mint Street, east side, between Mission and Jessie Streets (Parking and Traffic Department) (DPT Order No. 1926.) 2/16/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. Requests Granted From:Supervisor Leno To:City Attorney Requesting/Inquiring:To draft an ordinance amending zoning requirements to promote the development of housing in the downtown core of the City. From:Supervisor Leno To:City Attorney Requesting/Inquiring:To draft an ordinance amending parking regulations in ways that reduce the cost of developing new housing units. From:Supervisor Leno To:Mayor; Director, Department of Telecommunications and Information Services; Clerk of the Board Requesting/Inquiring:To report on whether there are plans to create an internet forum on the SFGov website to solicit public input regarding municipal issues. From:Supervisor Leno To:Director, Department of Parking and Traffic Requesting/Inquiring:To report on whether there are federal funds available to install illuminated crosswalks and ladder striping at relevant crosswalks in the City. From: Supervisor Yaki To:City Attorney; Director, Department of Telecommunications and Information Services Requesting/Inquiring:To evaluate the FCC sale-review process and determine the avenues for the City and County of San Francisco to submit its position concerning the sale of KRON-TV and BayTV to Young Broadcasting on San Francisco citizens and station employees. From:Supervisor Yee To:City Attorney Requesting/Inquiring:To draft legislation requiring the Board of Supervisors to return 10 percent to the Public Utilities Commission of any Hetch Hetchy surplus funds transferred by the Public Utilities Commission to the City’s General Fund.The first 10 percent return should apply to the next Hetch Hetchy surplus which comes to the Board of Supervisors for transfer approval and increase annually by 10 percent, so that in ten years 100 percent of the funds will be returned to thePublic In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Joe Benton (By the entire Board) Gus Derdevanis (Supervisor Ammiano) Michael Goddard (Supervisor Kaufman) Alice Morse (By the entire Board) Irene Papan (By the entire Board) Gary Swan (By the entire Board) ADJOURNMENT There being no further business, the Board at the hour of 4:04 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 March 20, 2000. 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.. Meeting Procedures The Board of Supervisors is the Legislative Body of the City and County of San Francisco.The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify.The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying.Thus applause and booing are both contrary to Board requirements.The Board does not permit signs to be brought into the meeting or displayed in the room. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm. THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244, RECEPTION DESK. Board meetings are televised on channel 26.For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for foreign language translation at a meeting must be received by the Clerk of the Board of Supervisors at least 48 hours before the meeting.For meetings on a Monday or a Tuesday, the request must be made by noon of the last business day of the preceding week. Disability access Know Your Rights Under the Sunshine Ordinance Government’s duty is to serve the public, reaching its decision in full view of the public.Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business.This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Clerk of the Board of Supervisors, 1 Dr. Carlton B. Goodlett Place, Room 244, by phone at (415) 554-7724, by fax at (415) 554-5163 or by email at Donna_Hall@ci.sf.ca.us Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.ci.sf.ca.us/bdsupvrs/sunshine.htm