Board of Supervisors Minutes: April 3, 2000

Agenda & Minutes Archive City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA94102-4689 MEETING MINUTES Monday, April 3, 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, Leslie Katz, Barbara Kaufman, Mark Leno, Gavin Newsom, Mabel Teng, Leland Y. Yee. Members Excused: None. Members Absent: Sue Bierman, Amos Brown, Michael Yaki. ROLL CALL AND PLEDGE OF ALLEGIANCE The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Tom Ammiano presiding. The meeting was called to order at 2:02 p.m.On call of the roll, the following Supervisors were noted absent: Supervisors Becerril, Bierman, Brown, Teng, Yaki - 5. Quorum present. Supervisor Becerril was noted present at 2:03 p.m. Supervisor Bierman was excused.(See infra.) Supervisor Brown was excused.(See infra.) Supervisor Teng was noted present at 2:05 p.m. Supervisor Yaki was excused.(See infra.) Supervisors Bierman, Brown, Yaki Excused from Attendance Supervisor Leno, seconded by Supervisor Newsom, moved to excuse Supervisors Bierman, Brown and Yaki from attending today’s meeting. The motion carried by the following vote: Ayes: 7 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Yee Absent: 4 - Bierman, Brown, Teng, Yaki Privilege of the Floor Supervisor Leno, seconded by Supervisor Newsom, moved to suspend Rule 4.28 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: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Introduction of Guests Mr. David Frieder,Department of Consumer Assurance, Regulatory Compliance and Agricultural Standards, stated that San Francisco was awarded the 1999 California State Fair silver award plaque and presented each Supervisor with a commemorative silver medallion. Supervisor Teng introduced, welcomed and presented a Certificate of Honor to Ms. Bonnie Kwan Huo in recognition of her art work currently on display at the World Journal Newspaper Art Gallery. CONSENT AGENDA Recommendations of the Finance and Labor Committee 000379 [Implementing the provisions ofMOU between MEA and Superior Court for the period 10/1/99 through 9/30/01] Supervisor Newsom Ordinance implementing retroactive to October 1, 1999, the provisions of the Memorandum of Understanding between the Superior Court of California, County of San Francisco and the Municipal Executives Association. (Superior Courts) Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 63-00 FINALLY PASSED 000380 [Establishing rates of pay and other economic benefits for various unrepresented classes in the Superior Court effective 10/1/99 through 9/30/00] Supervisor Newsom Ordinance setting retroactive to October 1, 1999, the rates of compensation and other economic benefits for certain management classifications of persons employed by the Superior Court of California, County of San Francisco. (Superior Courts) Supervisor Newsom requested to be added as co-sponsor. Enacted Number: 64-00 FINALLY PASSED 000381 [Salary rate change for Pro Tem Commissioner in the Superior Court] Ordinance setting the rate of compensation for Superior Court Classification 0256 (Pro Tem Commissioner) employed on an "as needed" basis by the Superior Court of California, County of San Francisco. (Superior Courts) Enacted Number: 65-00 FINALLY PASSED 000425 [Renewal of a 5-year term lease at 653 Chenery Street for the Glen Park Branch Library at a monthly rent of $1,875 for the initial term] Resolution authorizing retroactive to February 1, 2000, lease of real property at 653 Chenery Street for the Glen Park Branch Library. (Real Estate Department) Enacted Number: 276-00 ADOPTED Recommendation of Housing and Land Use Committee 000197 [Restricting sale of ultracompact firearms] Supervisors Becerril, Leno, Bierman, Teng, Brown Ordinance amending Police Code Section 613.1 to define the term "ultracompact firearm", amending Section 613.10 to provide that, with specified exceptions, the sale, lease or other transfer of an ultracompact firearm by a licensed firearm dealer is a violation of the dealer’s license and adding a new Section 613.10-2 to prohibit, with specified exemptions, the sale, lease or other transfer of ultracompact firearms by licensed firearm dealers. (Amends Sections 613.1 and 613.10; adds Section 613.10-2.) Enacted Number: 62-00 FINALLY PASSED Recommendation of the Public Health and Environment Committee 000353 [Grant from the Community Endowment for the Partner Support Program II, a3-year comprehensive teen pregnancy prevention program at Balboa High School] Resolution authorizing the Department of Public Health, Community Health Network, Primary Care, to accept retroactively and expend a grant in the amount of $370,185 from the Community Endowment, for the Partner Support Program II at Balboa High School and to enter into an agreement which does not include intellectual property indemnification and false claims clauses; providing for ratification of action previously taken. (Public Health Department) Enacted Number: 262-00 ADOPTED Recommendations of the Rules Committee 991360 [Appointments] Resolution appointing Stephanie Eng, term ending October 1, 2002, to the Drug Abuse Advisory Board. Stephanie Eng, Seat 7, succeeding Michele Aldrich, must represent the public-at-large or service provider, new three-year term ending October 1, 2002. Enacted Number: 264-00 ADOPTED 991962 [Appointment] Resolution appointing Michael Bennett, Joyce Y. Miller, Ramona Benson, with waiver of residency; Jennifer Friedenbach, Jennifer Grant, Gail Gilman, Bob Nelson, Barry Hermanson, and Laura Ware to the Local Homeless Coordinating Board, terms to be determined. Michael Bennett, Seat 1, vacant seat, must represent homeless or formerly homeless, for a new one or two year term to be determined by drawing; Joyce Y. Miller, Seat 2, vacant seat, must represent homeless or formerly homeless, for a new one or two year term to be determined by drawing; Ramona Benson, Seat 3, vacant seat, must represent area of advocacy, for a new one or two year term to be determined by drawing; Jennifer Friedenbach, Seat 4, vacant seat, must represent area of advocacy, for a new one or two year term to be determined by drawing; Jennifer Grant, Seat 5, vacant seat, must be a service provider, for a new one or two year term to be determined by drawing; Gail Gilman, Seat 6, vacant seat, must be a service provider, for a new one or two year term to be determined by drawing; Bob Nelson, Seat 7, vacant seat, must be a service provider who focus on health services, HIV, and harm reduction, for a new one or two year term to be determined by drawing; Barry Hermanson, Seat 8, vacant seat, must represent the business community, for a new one or two year term to be determined by drawing; Laura Ware, Seat 9, vacant seat, must represent education and/or training, for a new one or two year term to be determined by drawing. Enacted Number: 265-00 ADOPTED 000382 [City Administrator Appointment] Mayor Resolution confirming the appointment of William Lee as City Administrator (new 5 year term ending March 21, 2005). Enacted Number: 270-00 ADOPTED 000426 [Appointment] Resolution appointing Gregory Brooks and Francis Mill, terms to be determined, to the Sustainable Funding for School Arts and Music Task Force. Gregory Brooks, Seat 21, must be an at large seat who shall be a teacher in the San Francisco Unified School District; Francis Mills, Seat 22, must be an at large seat who shall be a member of an arts advocacy organization. Enacted Number: 277-00 ADOPTED Recommendation of the Small Business, Economic Vitality and Consumer Services Committee 992153 [Police Code, itemized receipts for goods purchased] Supervisors Leno, Newsom Ordinance amending Police Code by adding Section 458, requiring retail establishments to issue itemized receipts for goods purchased and providing for penalties and fines. (Adds Section 458.) Enacted Number: 61-00 FINALLY PASSED Recommendations of the Transportation and Land Use 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.) Enacted Number: 267-00 ADOPTED 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.) Enacted Number: 268-00 ADOPTED 000322 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: 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.) Enacted Number: 269-00 ADOPTED 000417 [Major encroachment to construct a driveway for vehicular access to a proposed new garage at 212 Union Street property; rescinding Res. No. 1048-98 to reflect the change of ownership of said Resolution amending Resolution No. 1048-98 and granting revocable permission to Donald H. Putnam and Susann Kellison to construct an extension of the sidewalk by removing a portion of an existing City retaining wall and constructing a new retaining wall with guardrails and a new planter wall to provide vehicular access to a new garage addition, and to replace existing wood stairs and landings for access to an existing cottage at 212 Union Street (Block 106, Lot 39) and adopting findings pursuant to Planning Code Section 101.1. This resolution rescinds Resolution No. 1048-98. (Public Works Department) (DPT Order No. 172,146.) Enacted Number: 272-00 ADOPTED 000419 [Stop Intersections] Resolution designating certain intersections as "STOP" intersections: STOP SIGNS - ESTABLISH 21st and Rayburn Streets, northwest corner, stopping southbound Rayburn Street (stops the stem of this uncontrolled T-intersection) Miraloma Drive and Juanita Way, all corners, stopping all approaches (makes this uncontrolled T-intersection an all-way STOP) Russia Avenue and London Street, northeast and southwest corners, stopping Russia Avenue (makes this an all-way STOP) (Parking and Traffic Department) (DPT Order No. 1945.) Enacted Number: 274-00 ADOPTED 000420 [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets: NO U-TURN - ESTABLISH The Embarcadero, northbound, at Broadway DIAMOND (BUSES AND LEFT TURNS ONLY) LANE - ESTABLISH 4th Street, east curb lane, between Harrison and Brannan Streets (#1 southbound traffic lane) 4th Street, second lane from east curb, between Brannan and Townsend Streets (#2 southbound traffic lane) TOW-AWAY, NO STOPPING, 7 AM - 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH 4th Street, east side, between Brannan and Freelon Streets 4th Street, east side, between Bryant and Stillman Streets (Parking and Traffic Department) (DPT Order No. 1945.) Enacted Number: 275-00 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 000376 [Minor Sidewalk Encroachment Permit Appeal] Motion approving the decision of the Director of Public Works’ approval of a minor sidewalk encroachment permit at 955 Green Street, south side between Jones and Leavenworth Streets, and denying the appeal. (Clerk of the Board) Supervisor Leno, seconded by Supervisor Yee, moved to excuse Supervisor Newsom, at his request, because of possible conflict of interest, from voting on the following matter. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Supervisor Teng requested this matter be continued to April 10, 2000. Supervisor Teng, seconded by Supervisor Kaufman, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 4 - Becerril, Katz, Kaufman, Teng Noes: 3 - Ammiano, Leno, Yee Absent: 3 - Bierman, Brown, Yaki Excused: 1 - Newsom 000377 [Minor Sidewalk Encroachment Permit Appeal] Motion disapproving the decision of the Director of Public Works’ approval of a minor sidewalk encroachment permit at 955 Green Street, south side between Jones and Leavenworth Streets, and denying the encroachment permit. (Clerk of the Board) Supervisor Leno, seconded by Supervisor Yee, moved to excuse Supervisor Newsom, at his request, because of possible conflict of interest, from voting on the following matter. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Supervisor Teng requested this matter be continued to April 10, 2000. Supervisor Teng, seconded by Supervisor Kaufman, moved that this Motion be CONTINUED. The motion carried by the following vote: Ayes: 4 - Becerril, Katz, Kaufman, Teng Noes: 3 - Ammiano, Leno, Yee Absent: 3 - Bierman, Brown, Yaki Excused: 1 - Newsom NEW BUSINESS Recommendation of the Finance and Labor Committee 000418 [Civil Service Commission Certification of Prevailing Rate of Wages] Resolution fixing the highest general prevailing rate of wages, including wages for overtime and holiday work, for various crafts and kinds of labor as paid for similar work in private employment in the City and County of San Francisco at the rates certified to the Board by the Civil Service Commission on December 6, 1999. (Civil Service Commission) Enacted Number: 273-00 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Recommendation of the Rules Committee 000395 [Digital Divide Task Force] Supervisors Becerril, Teng Resolution establishing a Joint Board of Education/Board of Supervisors Digital Divide Task Force to work to ameliorate the digital divide in San Francisco by ensuring greater access to the tools of the digital economy among disadvantaged students and their families and setting forth the membership and duties of the task force. Enacted Number: 271-00 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Recommendations of the Transportation and Land Use Committee 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.) PASSED, ON FIRST READING by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki 992123 [Natural Gas Fueled Buses] Supervisors Yaki, Bierman, Newsom, Teng, Katz, Ammiano, Leno Resolution supporting the recent adoption of regulations by the California Air Resources Board requiring transit agencies to replace and retrofit their existing fleets with buses powered by alternative fuels and cleaner diesel technology and urging Bay Area Transit agencies, serving the City and County of San Francisco, to adopt the alternative fuel path of this regulation with strategic plans for timely compliance. Supervisors Ammiano, Leno requested to be added as co-sponsors. Enacted Number: 266-00 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki 000564 [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). Supervisor Yee dissenting in Committee. Enacted Number: 290-00 ADOPTED by the following vote: Ayes: 7 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng Noes: 1 - Yee Absent: 3 - Bierman, Brown, Yaki PUBLIC COMMENT Bruce Allison, support living wage ordinance; Female speaker, Special Emphasis Victim Assistance Program, Sixth Annual Homicide Memorial Quilt Dedication Ceremony; Will Two Bears, urge passage of Blessing the Bison Day "Tatanka" resolution; Hagop Karpanian, James Kizirian, Father Sarkis Petoyan,urge passage of Armenian Genocide resolution; Francisco, Female speaker, Female speaker, support Archbishop Romero Day; Daniel Pieste, personal observation ofpolitical leaders; Amani W. Williams, Zaha Williams, urge continuation of Mayor’s Youth Employment Program. 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. 000562 [Legislative Analyst Request] Supervisor Newsom Motion asking the Legislative Analyst to prepare a report on File No. 000508; the report should survey other comparable locales to find solutions for assisting non-profits and small businesses in dealing with escalating rents and operating costs, and maintaining and creating leasing opportunities in a hot market economy. APPROVED by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference.A unanimous vote is required for adoption of a resolution today.Any Supervisor may require any resolution to go to committee. 000542 [Armenian Genocide] Supervisors Yaki, Teng Resolution declaring April 24th, 2000 Armenian Genocide Commemoration Day in San Francisco. Supervisor Teng requested to be added as co-sponsor. Enacted Number: 278-00 ADOPTED 000543 [Gulf of Farallones] Supervisors Yaki, Katz Resolution urging the Secretary of Commerce to alter the current boundary of the Gulf of Farallones National Marine Sanctuary to encompass the entire Gulf of Farallones, which is currently within the Monterey Bay National Marine Sanctuary. Supervisor Katz requested to be added as co-sponsor. Enacted Number: 279-00 ADOPTED 000544 [Commendation] Supervisors Yee, Becerril, Newsom, Teng Resolution congratulating the Mission High School mock trial team on their victory, commending them for their hard work and wishing them the best of luck on the state finals competition in Sacramento. Supervisors Becerril, Newsom, Teng requested to be added as co-sponsors. Enacted Number: 280-00 ADOPTED 000545 [Naming School after Carlos Santana] Supervisor Becerril Resolution urging the San Francisco Board of Education and the San Francisco Unified School District to consider renaming Buena Vista Elementary School the Santana Spanish Language K-8 Alternative School. Enacted Number: 281-00 ADOPTED 000546 [Blessing the Bison Day] Supervisors Becerril, Katz, Teng Resolution proclaiming the second Saturday of April "Blessing of the Bison Day", a day in honor of the Native American tradition of blessing bison or "Tatanka". Supervisors Katz, Teng requested to be added as co-sponsors. Enacted Number: 282-00 ADOPTED 000547 [Gift Acceptance - Cesar Chavez Signs] Supervisors Becerril, Leno, Katz, Teng Resolution authorizing the acceptance of a gift of $31,500 from the Cesar E. Chavez Foundation and 23 "Cesar Chavez Street" signs from the 3M Company to replace existing "Army Street" signs on the U.S.-101 and I-280 freeways. Supervisors Katz, Teng requested to be added as co-sponsors. Enacted Number: 283-00 ADOPTED 000548 [Commendation] Supervisor Becerril Resolution commending and congratulating KTVU-Channel 2 for its launching of a new 6 PM newscast. Enacted Number: 284-00 ADOPTED 000550 [Economic Opportunity Council] Supervisor Brown Resolution amending Resolution No. 379-68 to enable the Economic Opportunity Council to amend the composition of its governing board. Enacted Number: 285-00 ADOPTED 000551 [Wendy Marx Day] Supervisor Katz Resolution declaring May 6, 2000 Wendy Marx Day and Organ and Tissue Donor Day in San Francisco. Enacted Number: 286-00 ADOPTED 000552 [Commendation] Supervisors Leno, Bierman, Katz, Newsom Resolution commending Bill Toliver for his outstanding poetry, dedication and commitment to the Medical Examiner’s Office. Supervisors Bierman, Katz, Newsom requested to be added as co-sponsors. Enacted Number: 287-00 ADOPTED 000553 [Install Compressed Gas Pump] Supervisors Newsom, Katz Resolution urging the Recreation and Park Commission to approve siting a compressed natural gas fueling station inside gate 11 at the San Francisco Marina Harbor. Supervisor Katz requested to be added as co-sponsor. Enacted Number: 288-00 ADOPTED 000554 [Commendation] Supervisors Teng, Becerril, Katz, Newsom Resolution commending the Gee Tuck Sam Tuck Association of America upon the occasion of their Chinese New Year Banquet and declaring March 25, 2000, to be "Gee Tuck Sam Tuck Association Day" in San Francisco. Supervisors Becerril, Katz, Newsom requested to be added as co-sponsors. Enacted Number: 289-00 ADOPTED 000549 [Extend Time for Negotiations] Supervisor Bierman Motion extending time for negotiations pursuant to Charter Section 11.100. Enacted Number: M00-25 APPROVED 000569 [Declaration of the March 7, 2000 Election Results] Resolution declaring the results of the Consolidated Presidential Primary Election conducted on March 7, 2000, in the City and County of San Francisco. (City Attorney) Enacted Number: 291-00 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda.For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires 8 votes or a unanimous 6 or 7.A unanimous vote is required for the resolution(s). For such resolutions to be considered, the Board must first adopt the following two motions. [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Teng, seconded by Supervisor Leno, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Teng, seconded by Supervisor Leno, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki Imperative Resolution 000555 [Grant - DPH Pedestrian Safety] Supervisors Teng, Katz, Bierman Resolution authorizing the Department of Public Health, Population Health and Prevention Division, Community Health Promotion and Prevention, to accept retroactively and expend grant funds of $40,000 from the California Department of Health Services to provide a safe communities planning and development program and to enter into an agreement which includes rights in data clauses and which does not include intellectual property indemnification and false claims clauses. Enacted Number: 263-00 ADOPTED by the following vote: Ayes: 8 - Ammiano, Becerril, Katz, Kaufman, Leno, Newsom, Teng, Yee Absent: 3 - Bierman, Brown, Yaki OFF-AGENDA LEGISLATION Introduced by Supervisors or Mayor Ordinances 000576 [Appropriating funds for landscape improvements to the Mid-Embarcadero Music Concourse located south of Justin Herman Plaza] Supervisors Newsom, Bierman Ordinance appropriating $984,850 of the Neighborhood Development Special Revenue Fund balance to fund the proposed Mid-Embarcadero Music Concourse, for the Department of Recreation and Park for fiscal year 1999-2000. (Fiscal impact.) 4/3/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000581 [Nondiscriminatory Broadband Internet Access] Supervisors Ammiano, Bierman Ordinance adding Chapter 11A to the San Francisco Administrative Code to require nondiscriminatory access to Broadband Transport Services, to require access to information, data or programming that is generally available to San Francisco consumers over the Internet without requiring them to view the proprietary content of grantees or their affiliated ISPs, to bar intentional prohibitions on access by San Francisco consumer to video streaming services over the Internet, and to encourage grantees and their affiliated ISPs to make their web sites accessible to San Francisco consumers with disabilities. (Adds Chapter 11A.) 4/3/00, ASSIGNED UNDER 30 DAY RULE to Public Utilities and Deregulation Committee, expires on 5/3/2000. Resolutions 000582 [Transportation - Beacon Center and Other Programs] Supervisors Katz, Bierman Resolution urging the San Francisco Unified School District, the Board of Education, the Department of Children, Youth, and their Families, MUNI, the Metropolitan Transportation Commission and the Department of Human Services to coordinate efforts to allocate funding to provide transportation for children to attend Beacon Center activities and other programs before and after the school day. 4/3/00, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 000605 [Stop Sign at Chestnut and Steiner Streets] Supervisor Newsom Resolution establishing a Stop Sign at the intersection of Chestnut Street and Steiner Street. 4/3/00, RECEIVED AND ASSIGNED to Transportation and Land Use Committee. 000583 [Census] Supervisors Ammiano, Katz, Bierman, Becerril, Newsom Resolution declaring that it is the policy of the City and County of San Francisco not to seek or otherwise use any of the personal information provided in the census questionnaire to enforce laws including but not limited to housing and building codes, eligibility for welfare, social and health services programs and further urging the United States Bureau of Census, the Mayor, all City departments and community based organizations to publicize that the individual responses to the census questionnaire are strictly confidential and further urging City departments and community based organizations to promote and make available "be counted forms" to City residents who do not have mailing addresses, live in crowded or multiple family households or live in illegal housing units. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000584 [Class Action Lawsuit - Paint Manufacturers] Supervisors Ammiano, Bierman Resolution urging the City Attorney of the City and County of San Francisco to review the class action suit filed by Santa Clara County against paint manufacturers to recover compensatory damages associated with lead-based paint poisoning, consider joining the suit and report back to the Board of Supervisors regarding her decision in this matter. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000585 [Summer Youth Employment and Training Program] Supervisors Ammiano, Bierman, Katz, Leno Resolution urging the Mayor of San Francisco to declare a state of emergency on the proposed termination of the Summer Youth Employment and Training Program funded through the Private Industry Council and further urging the Mayor to seek $2.7 million from alternate sources of funding to continue the Summer Youth Employment and Training Program. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000586 [ExaminerArchives] Supervisor Ammiano Resolution urging former and current owners of the San Francisco Examiner as well as the Department of Justice that any sale of the San Francisco Examiner be predicated upon the protection of San Francisco Examiner archives, which are of inestimable value to the people of San Francisco Bay Area, against deletion, editing, and any other substantive changes; and further declaring that any sale of the San Francisco Examiner require that existing archival materials, including Internet sites "Examiner.com", to remain accessible to the general public; and further declaring that the existing archival materials including internet sites "Examiner.com" remain accessible to reporters, writers, photographers, columnists and associated staff and who shall have the right to publish materials of their own authorship in perpetuity without hindrance or cost. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000587 [Appointment - ABAG] Supervisor Ammiano Resolution appointing Amos Brown and Michael Yaki, members of the Board of Supervisors, as delegate and alternate of the Association of Bay Area Governments Assembly, terms ending June 30, 2002. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000588 [AB 1463 - California Driver’s License Requirements] Supervisors Becerril, Bierman, Katz Resolution urging the California State Legislature and Governor Davis to approve State Assembly Bill 1463 modifying existing Social Security Number and lawful presence requirements to enable more individuals to apply for a California driver’s license. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000589 [Earth Day Fee Waiver] Supervisors Katz, Bierman, Brown Resolution inviting the Board of Supervisors to support the San Francisco Earth Day Event by urging relevant departments to waive certain fees for the event. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000590 [Lake Merced Study] Supervisors Teng, Bierman, Katz Resolution urging the Public Utilities Commission to allocate sufficient funding to perform an assessment of varying lake levels on the beneficial uses of Lake Merced and a study to develop a model of the relationship between the aquifer and the lake level at Lake Merced. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000591 [Commendation] Supervisors Ammiano, Becerril, Katz, Newsom Resolution commending the courage, skill and diligence of the young women and men of Mission High School for winning the City championship of the annual Mock Trial Competition and further commending Mary Aschenberger for her dedicated and exemplary leadership in leading her students to victory. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000593 [Proclamation] Supervisors Ammiano, Bierman, Katz Resolution declaring March 24, 2000 Archbishop Oscar Romero Day in the City and County of San Francisco. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000594 [Commendation] Supervisor Becerril Resolution commending the workers who contributed to the building of Pac Bell Park for their hard work and for getting the job done on time. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000595 [Commendation] Supervisors Katz, Leno Resolution honoring Hilary Swank for her role in the film "Boys Don’t Cry" and congratulating her upon receiving the award for best actress at the 2000 Oscars ceremony. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000596 [Commendation] Supervisors Kaufman, Newsom, Bierman, Katz Resolution recognizing Mrs. Alfred S. Wilsey (Dede) and the Fine Arts Museums of San Francisco Board of Trustees for their dedication, time and innovation in their fund-raising efforts which have raised over $100 million to build a new de Young Museum in Golden Gate Park and commending them for their outstanding service to the people of the City and County of San Francisco. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000597 [Commendation] Supervisors Leno, Newsom Resolution commending Ellen Blakeley for her "Books & Reading" mural at the Harvey Milk Civil Rights Academy. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000599 [Commendation] Supervisors Teng, Yaki, Bierman, Kaufman, Becerril, Katz, Leno Resolution commending the Chinese Chamber of Commerce for its commitment to the Chinese American community on the occasion of the Annual Spring Banquet and New Year Parade Award Banquet and declaring April 28, 2000 as "Chinese Chamber of Commerce Day" in San Francisco. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000604 [Commendation] Supervisors Leno, Katz, Kaufman, Ammiano, Bierman, Newsom Resolution commending the rabbis of the Jewish Reform movement for voting overwhelmingly to support same-sex ceremonies at this year’s Central Conference of American Rabbis. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 000608 [Commendation] Supervisors Yee, Bierman, Katz, Newsom Resolution commending Naomi Nishioka for her years of service with the Department of Elections and as its Interim Director for the past 3 years and wishing her the best in her future endeavors. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 000600 [Smart Growth Policies - Housing and Transit] Supervisor Leno Hearing to consider how smart growth policies can be applied in San Francisco to develop more affordable housing in areas well served by transit. 4/3/00, RECEIVED AND ASSIGNED to Small Business, Economic Vitality and Consumer Services Committee. 000601 [Tobacco Settlement - Prevention and Control] Supervisor Newsom Hearing to consider Proposition A funds for tobacco prevention and control. 4/3/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000602 [Homeless Census] Supervisor Newsom Hearing to follow up on Resolution Number 130-00, urging the Mayor’s Office of Homelessness and the Department of Human Services to coordinate with Census to perform a count of the homeless population and to establish an infrastructure to conduct a homeless census on an annual basis. 4/3/00, RECEIVED AND ASSIGNED to Housing and Social Policy Committee. 000603 [Lake Merced] Supervisor Teng Hearing to consider the conditions at Lake Merced to include Public Utilities Commission, Recreation and Parks Departments, and representatives of the Lake Merced Task Force.The hearing will explore declining water levels and continued neglect at the lake. 4/3/00, RECEIVED AND ASSIGNED to Parks and Recreation Committee. Motions 000607 [Needle Exchange Emergency] Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Yee, Leno, Becerril Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. 4/3/00, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 000525 [Settlement of Litigation] Ordinance authorizing settlement of litigation by the City and County of San Francisco against Edward Miron, Executor of the Estate of Linda Miron, deceased by accepting the total amount of $32,345.44 and directing its attorney to sign the mutual settlement and release and dismissal with prejudice of CCSF v. Edward Miron, Executor. (Treasurer-Tax Collector) (S.F. Superior Court No. 303448; filed May 12, 1999.) 3/24/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. Department requests this matter be calendared at the April 4, 2000 meeting. 000563 [Settlement of Lawsuit] Ordinance authorizing settlement of lawsuit filed by Raymond O’s. Kelly and Elise M. Kelley against the City and County of San Francisco for $60,000; the lawsuit was filed on June 22, 1998 in Superior Court Unlimited Jurisdiction, Case No. 980-740; entitled Yee v. City and County of San Francisco; other material terms of said settlement are case will be dismissed with prejudice.Plaintiff will release City from all known and unknown related claims. (City Attorney) 3/28/00, RECEIVED AND ASSIGNED to Audit and Government Efficiency Committee. 000565 [Fixing compensation for unrepresented employees, fiscal year 2000-2001.] Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in classes not represented by an employee organization and establishing working schedules and conditions of employment and methods of payment, effective July 1, 2000. (Human Resources Department) 3/29/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. PROPOSED RESOLUTIONS 000524 [Authorizing expenditure of funds estimated at $4,210,000 for emergency repair of San Joaquin Pipeline No. 3] Resolution authorizing expenditure of funds for emergency repair of corrosion in San Joaquin Pipeline No. 3 of the Hetch Hetchy Aqueduct. (Public Utilities Commission) (Fiscal impact.) 3/22/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000526 [Grant for the HIV/AIDS intervention prevention and care services for three State Department of Corrections facilities and the San Francisco City and County jail system] Resolution authorizing the Department of Public Health, Population Health and Prevention Division, HIV Health Services, to accept and expend grant funds of $1,099,869 from the California HIV Education and Prevention Services Branch, Office of AIDS, for demonstration project for incarcerated individuals within correctional settings and the community to enter into an agreement which does not include patent infringement indemnification and false claims clauses. (Public Health Department) 3/27/00, RECEIVED AND ASSIGNED to Public Health and Environment Committee. Department requests this matter be calendared at the April 13, 2000 meeting. 000566 [Lease of Property for DPH Southeast Child Family Therapy Center] Resolution authorizing the lease of real property at 4527 Mission Street for the Department of Public Health. (Real Estate Department) 3/29/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. 000568 [Lease of PUC land to Koret Foundation at an annual rental of $13,211.00] Resolution authorizing a 20-year lease of Public Utilities Commission land between the City and County of San Francisco and Koret Foundation, in San Mateo County. (Public Utilities Commission) 3/29/00, RECEIVED AND ASSIGNED to Finance and Labor Committee. Requests Granted From: Supervisor Yee To:Directors, Planning Department and Department of Building Inspection Requesting/Inquiring:To request the Directors of Planning Department and Department of Building Inspection to notify the Board of Supervisors when a permit application is pulled for a cellular antenna site in San Francisco. From: Supervisor Becerril To:Director, Department of Parking and Traffic Requesting/Inquiring:To request a progress report on the traffic study relating to the re-opening of Davis Street to include but not be limited to any problems or delays with implementing the study, the number and location of newly installed signs indicating alternative route, and the number and location of the mechanical traffic counter devices to count vehicular traffic. Due:April 10, 2000 From: Supervisor Becerril To:Director, Department of Public Works Requesting/Inquiring:To request a report on the number of bathrooms accessible to the public at Fisherman’s Wharf, along the Embarcadero and at major stopping points along the F-Line and to conduct a needs assessment to take into account the expected increase in the number of pedestrians and foot traffic due to the F-Line and development along and near the Embarcadero and at Fisherman’s Wharf. From: Supervisor Kaufman To:City Attorney Requesting/Inquiring:To review Chapter 44 (Adult Day Health Care Planning Council) and check the accuracy of and, if necessary, update all references to State law, the City Charter, other chapters of the Administrative Code, etc. and to streamline the language, remove outdated and obsolete provisions and generally update the chapter to reflect current practices. From: Supervisor Kaufman To:City Attorney Requesting/Inquiring:To review Chapter 50 (Nonprofit Performing Arts Loan Program) and check the accuracy of From: Supervisor Leno To:City Attorney Requesting/Inquiring:To draft legislation in conjunction with the Treasurer/Tax Collector’s Office to develop a local tax credit program modeled after Senate Bill 2021 to provide tax credits for employers in San Francisco that offer employees alternative work schedules. From: Supervisor Leno To: Treasurer/Tax Collector Requesting/Inquiring:To provide an analysis of the possible fiscal impacts of implementing a local tax credit program modeled after Senate Bill 2021 to provide tax credits for employers in San Francisco that offer employees alternative work schedules. In Memoriams Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Cecele Franenkel (Supervisor Leno) Nathan Jay Friedman (Supervisor Kaufman) Elizabeth Kaiser (Supervisor Leno) 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 May 1, 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. Cell phones and pagers are not allowed in the room during a meeting. 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 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, 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