Board of Supervisors Minutes: December 16, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, December 16 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLING THE ROLL The meeting was called to order at 2:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Brown, Kaufman, Teng, Yaki - 6. Noted absent at first roll call: Supervisors Bierman, Hsieh, Katz, Leal - 4. Quorum present. Supervisor Hsieh excused. (See infra.) Supervisor Bierman was noted present at 2:08 p.m. Supervisor Katz was noted present at 2:09 p.m. Supervisor Leal was noted present at 2:19 p.m. Supervisor Hsieh Excused The Clerk stated Supervisor Hsieh requested to be excused from attending today's meeting. Supervisor Ammiano, seconded by Supervisor Brown, moved to excuse Supervisor Hsieh. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Kaufman, Teng, Yaki - 6. Absent: Supervisors Bierman, Hsieh, Katz, Leal - 4. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Brown, moved that the Journal of Proceedings for Monday, October 15, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Kaufman, Teng, Yaki - 6. Absent: Supervisors Bierman, Hsieh, Katz, Leal - 4. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Retirement System] Ordinance appropriating $360,000, Retirement System, of Deferred Compensation Program revenue to salaries, fringe benefits, professional services, other current expenses and services of other departments for the Deferred Compensation Program for fiscal year 1996-97; providing for ratification of action previously taken; placing $103,649 on reserve. (Controller) File 101-96-18, Ordinance No. 484-96 Finally passed. [Appropriation, Trial Courts] Ordinance appropriating $493,100, Trial Courts, from the Court's Special Revenue Fund, for professional services contracts to complete court automation projects in fiscal year 1996-97. (Controller) File 101-96-21, Ordinance No. 485-96 Finally passed. Passed for Second Reading [Appropriation, Department of Human Services] Ordinance appropriating and rescinding $144,585, Department of Human Services, of salaries for the creation and deletion of five (5) positions, for fiscal year 1996-1997. (Controller) File 101-96-22, Ordinance No. Passed for second reading. [Salary Ordinance Amendment, Department of Human Services] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996-97) Department of Human Services, reflecting the creation and deletion of five (5) positions; companion measure to File 101-96-22. (Department of Human Services) File 102-96-5, Ordinance No. Passed for second reading. [Appropriation, Board of Supervisors] Ordinance appropriating $17,626, Board of Supervisors, from the General Fund Reserve for salaries and fringe benefits for the creation of one (1) position for fiscal year 1996-97. (Controller) File 101-96-26, Ordinance No. Passed for second reading. [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996-97) Board of Supervisors, reflecting the creation of one (1) position; companion measure to File 101-96-26. (Department of Human Resources) File 102-96-7, Ordinance No. Passed for second reading. Recommendations of Government Efficiency and Labor Committee Finally Passed [Airport Lease Modification, Continental Airlines] Ordinance approving retroactively Modification No. 4 of Lease and Use Agreement between Continental Airlines, Inc. and City and County, acting by and through its Airport Commission. (Airport Commission) File 27-96-14, Ordinance No. 475-96 Finally passed. [Caroline Jurovic v. CCSF/Nelson Lee, et al.] Ordinance authorizing settlement of litigation of Caroline Jurovic against the City and County and Nelson Lee by payment of $13,000. (City Attorney) File 45-96-96, Ordinance No. 476-96 (Municipal Court Case No. 120-470.) Finally passed. [Reine Avila v. CCSF] Ordinance authorizing settlement of litigation of Reine Avila against the City and County by payment of $8,500 plus waiver of San Francisco General Hospital lien of $8,460. (City Attorney) File 45-96-97, Ordinance No. 477-96 (U.S. District Court No. C-96-0455 CW). Finally passed. [Management Agreement, St. Mary's Square Garage] Ordinance approving form of the St. Mary's Square Garage and 16th and Hoff Garage management agreement and bid documents, and authorizing and urging the Director of Property to advertise an invitation for bids for management of the St. Mary's Square Garage and the 16th and Hoff Garage using the approved bid documents. (Real Estate Department) File 47-96-12, Ordinance No. 478-96 Finally passed. [Amendment to MOU, Municipal Attorneys' Association] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between the Municipal Attorneys' Association and the City and County providing that all covered employees be placed into full retirement contribution status effective December 28, 1996 following approval of this ordinance by the Mayor. (Department of Human Resources) File 93-96-32, Ordinance No. 480-96 Finally passed. [Non-Discrimination in City Contracts-Benefits] Ordinance amending Chapters 12B and 12C of the Administrative Code, by making certain clarifying amendments, and to provide exceptions to the domestic partners benefits contracting requirements, and providing for suspension of the Domestic Partners Benefits Ordinance until June 1, 1997. Sponsors Supervisors Ammiano, Katz, Leal, Alioto, Teng, Brown, Hsieh, Kaufman, Bierman. File 97-96-33.1, Ordinance No. 481-96 (Amends Sections 12B.1, 12B.2, 12C.1, and 12C.2; Adds Sections 12B.5-1 and 12C.5-1.) Finally passed. [Agricultural and Pesticide-Related Activities] Ordinance amending Administrative Code, to authorize the President of the Board of Supervisors to execute all contracts on behalf of the City and County with respect to the performance of all agricultural and/or pesticide-related activities by or under the jurisdiction of the San Francisco County Agricultural Commissioner. (Department of Agriculture and Weights and Measures) File 97-96-60, Ordinance No. 483-96 (Amends Section 1.13-3.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Kaufman, Teng, Yaki - 6. Absent: Supervisors Bierman, Hsieh, Katz, Leal - 4. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Economic Vitality & Social Policy Committee Finally Passed [Translators at Board of Supervisors Meetings] Ordinance amending Administrative Code, to require that translators be provided at meetings of the full Board of Supervisors and Board of Supervisors' Committees upon request, provided that the request is made 48 hours before the meeting or by noon of the last business day of the preceding week for Monday or Tuesday meetings; requiring Board review if annual city costs exceed $20,000; providing this ordinance shall expire on December 31, 1998. Sponsors Supervisors Teng, Katz, Brown, Bierman. File 97-96-58, Ordinance No. 482-96 (Amends Section 67.15.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Recommendation of Government Efficiency and Labor Committee Passed for Second Reading as Amended [Garment Manufacturers' Tax Credit] Ordinance amending Part III, Municipal Code, to grant a tax credit, not to exceed $30,000, against the Payroll Expense Tax and the Business Tax on gross receipts, to garment manufacturers with gross receipts of not more than $5 million that invest in technical equipment work reorganization, or employee training, as specified, operative January 1, 1997, and expiring December 31, 2001. Sponsors Supervisors Teng, Bierman, Ammiano, Yaki, Leal, Katz, Brown, Alioto. File 127-96-4, Ordinance No. (Fiscal Impact.) (Adds Sections 906C and 1005.7.) (December 9, 1996 - Consideration continued to December 16, 1996.) Supervisor Teng, seconded by Supervisor Yaki, moved an amendment of the whole bearing same title. Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisor Alioto requested to be added as co-sponsor. From Government Efficiency and Labor Committee Without Recommendation Finally Passed [Leasing of Property on Treasure Island] Ordinance authorizing the Mayor, or the Mayor's designee, to enter into leases and other agreements with the Navy of property on Naval Station Treasure Island and in turn subleases and other agreements with third-parties of such property without "competitive bidding", and ratifying certain prior acts. (Mayor, Supervisors Kaufman, Leal) File 64-96-16, Ordinance No. 479-96 Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Teng, Yaki - 6. Noes: Supervisors Alioto, Ammiano - 2. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisor Ammiano requested his name be removed as co-sponsor. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Rent Arbitration Board] Ordinance appropriating $241,709, Rent Arbitration Board, of Neighborhood Development Special Revenue Funds to salaries, fringe benefits and professional services for data base development and temporary staff for fiscal year 1996-97. (Controller) File 101-96-23, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Appropriation, Public Library] Ordinance appropriating $1,601,488, Public Library, for salaries-miscellaneous for fiscal year 1996-97 - $1,257,927 from Public Preservation Fund, $129,977 from the General Fund Reserve and $211,684 from fees and Federal grant revenues and miscellaneous revenues; rescinding $83,600 of membership fees, other contractual services (Library Preservation Fund) and $1,900 of materials and supplies (General Fund). (Controller) File 101-96-24, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Appropriation, Medical Examiner/Coroner] Ordinance appropriating $18,937, Medical Examiner/Coroner, from General Fund Reserve (Sudden Infant Death Syndrome Revenue) to purchase computer equipment for fiscal year 1996-97. (Controller) File 101-96-25, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Appropriation, Mayor's Office] Ordinance rescinding $493,006, Mayor's Office, from a capital project for stadium naming rights at Recreation and Park and transferring it to salaries, fringe benefits, travel, training, professional services, materials and supplies, equipment and services of other departments for the creation three (3) positions to review financing and development options for a stadium to replace 3Com Park, for fiscal year 1996-97; placing $360,000 on reserve. (Controller) File 101-96-27, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Ammiano - 1. Absent: Supervisor Hsieh - 1. [Salary Ordinance Amendment, Mayor's Office] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) Mayor's Office, reflecting the creation of three (3) positions; companion measure to File 101-96-27. (Department of Human Resources) File 102-96-6, Ordinance No. Ayes: Supervisors Alioto, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Ammiano - 1. Absent: Supervisor Hsieh - 1. Passed for Second Reading as Amended [Contracted Paratransit Services] Ordinance approving a revised fare schedule for the San Francisco Municipal Railway's contracts paratransit services. (Public Transportation Commission) File 7-96-7, Ordinance No. Supervisor Kaufman, seconded by Supervisor Teng, moved to amend page one, lines 20 and 21 by deleting "pending approval by the Mayor of the Action Plan mandated by the Prop. J. audit"; amend page two, lines one through three by deleting the sentence: "Any increased revenues generated by the proposed fare structure shall be credited to the paratransit program to provide additional paratransit services.". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Adopted [Annual Payment Agreement, CCSF-Port Commission] Resolution approving the Annual Payment Agreement between the Port Commission and City and County, by and through its Board of Supervisors regarding payment of parking fine revenues from Port property. (Port Commission) File 172-96-44, Resolution No. 1136-96 Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Ammiano - 1. Absent: Supervisor Hsieh - 1. Recommendation of Health, Public Safety and Environment Committee Rereferred to Committee [Permit Regulations for Tow Car Companies] Ordinance amending Police Code, providing regulations for the operation of tow car companies. (Police Commission) File 121-96-12, Ordinance No. (Adds Article 30.1., Sections 3050 through 3065.) Supervisor Leal, seconded by Supervisor Yaki, moved to rerefer to committee with request it be considered at a special meeting December 19, 1996. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to the proposed vacation of the public street easement over a portion of and authorizing the exchange of a former portion of Alameda Street between Treat Avenue and Florida Street. File 164-96-1.2, Ordinance No. (Pursuant to Board of Supervisors Resolution No. 1040-96, approved November 26, 1996.) The privilege of the floor was granted to the following persons: Judy West; Male speaker, representing property There being no other speakers, the President closed the public hearing on this item. From Housing and Land Use Committee "Without Recommendation" Passed for Second Reading [Street Vacation/Sale - Portion of Alameda Street] Ordinance ordering the vacation of the public street easement over a portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 164-96-1.2. (Real Estate Department) File 164-96-1.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Katz - 1. Absent: Supervisor Hsieh - 1. Passed for Second Reading as Amended [Sale/Exchange of Property, Alameda Street] Proposed amendment of the whole entitled, Ordinance authorizing the exchange of a former portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 164-96-1.2, Ordinance No. (December 9, 1996 - Proposed amendment of the whole bearing same title submitted for Board consideration.) Supervisor Bierman, seconded by Supervisor Brown, moved the above proposed amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Katz - 1. Absent: Supervisor Hsieh - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Noes: Supervisor Katz - 1. Absent: Supervisor Hsieh - 1. Proposed New Ballpark Presentation from Mayor The Honorable Mayor, Willie L. Brown, Jr., appeared and made a presentation on a proposed lease of approximately 12.5 acre site in China Basin for development of the proposed new ballpark for the San Francisco Giants. The Mayor submitted a communication dated December 16, 1996 transmitting a term sheet which outlines terms for the proposed new ballpark consistent with the policies and purposes of Proposition B approved by the voters of the City and County of San Francisco on March 26, 1996. One of the main features of the proposal is that the Giants franchise will commit to play at the new ballpark for a minimum of 23 seasons after opening day under an agreement directly with the City. The term sheet will not create any contractually binding obligations on the part of the City. The Board of Supervisors, City Commissions and Redevelopment Agency Commission will retain the absolute discretion to (i) make such modifications to the form of the lease and the ballpark project that are deemed necessary to mitigate significant environmental impacts; (ii) select other feasible alternatives to avoid such impacts; (iii) balance the benefits against unavoidable significant impacts prior to taking final action if such significant impacts cannot otherwise be avoided; or (iv) determine not to proceed with the project. Upon completion of the environmental review process, a number of Board of Supervisors approvals will be necessary in connection with this project, including adoption of the CEQA findings and approval of amendments to the City's General Plan, amendments to the Rincon-South Beach Redevelopment Plan, lease agreements, acquisition of the Caltrans parcel, and street vacations. In addition, various approvals by the City Planning Commission, Port Commission and Redevelopment Agency Commission will be necessary before the full proposal comes to you for your consideration. I anticipate that the full proposal will be presented to you in June or July of next year, including a final lease agreement to be negotiated consistent with the principles outlined in the term sheet. Execution of the term sheet is a significant step in the timely implementation of Proposition B, and I am delighted to be able to present the proposal to you. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Manuel Piez, senior issues, local government; John Rubanna, air quality, auto pollution; Leboriae O. Smoore, constitution of the poor, police brutality. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. [Commend SF Firefighters Toy Program] Resolution commending the San Francisco Firefighters Toy Program for developing the first ever "Santa's Workshop on Wheels". Sponsors Supervisors Hsieh, Kaufman, Katz, Leal, Teng, Yaki, Bierman, Brown. File 6-96-186, Resolution No. 1133-96 (December 9, 1996 - Introduced in Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisors Katz, Leal, Teng, Yaki, Bierman, Brown requested to be added as co-sponsors. [Red Light Violation Fines] Resolution urging the State Legislature to increase the fine for the moving violation of running a red light to $250.00 and directing the City's Lobbyist to take all reasonable steps to initiate and lobby for such legislation at the earliest possible time and to issue written status reports on the progress of the initiative. Sponsors Supervisors Leal, Kaufman, Katz, Teng, Yaki, Bierman, Brown. File 12-96-48, Resolution No. 1134-96 (December 9, 1996 - Introduced in Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisors Katz, Teng, Yaki, Bierman, Brown requested to be added as co-sponsors. [Welfare Reform Exemption] Resolution urging the United States Congress and the President to exempt frail elderly from the provisions of the Welfare Reform Bill denying public assistance to legal immigrants. Sponsors Supervisors Yaki, Katz, Leal, Teng, Bierman, Brown. File 13-96-44, Resolution No. 1135-96 (December 9, 1996 - Introduced in Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisors Katz, Leal, Teng, Bierman, Brown requested to be added as co-sponsors. [Labor Issue, San Francisco Symphony] Resolution urging the San Francisco Symphony to continue payments for medical, dental and vision care insurance for its employees. Sponsors Supervisors Alioto, Ammiano, Bierman, Brown, Teng, Yaki, Hsieh, Leal, Katz. File 176-96-9, Resolution No. 1139-96 (December 9, 1996 - Introduced in Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisors Leal, Katz requested to be added as co-sponsors. [Court Appointed Special Advocates] Resolution approving and acknowledging the submission of a grant application by the San Francisco Court Appointed Special Advocates (SFCASA) to the California Judicial Council in the amount of $20,000. Sponsors Supervisors Yaki, Leal. File 256-96-2, Resolution No. 1137-96 (December 9, 1996 - Introduced in Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Bicycle Racks - City Buildings] Resolution requesting the Department of Real Estate to include required language in all building leases regarding the provision of secure bicycle parking. Sponsors Supervisors Katz, Leal, Ammiano, Brown, Bierman, Teng. File 277-96-2, Resolution No. 1138-96 (December 11, 1996 - Referred to Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Bicycle Racks - City Buildings] Resolution requesting the Mayor not to sign leases unless they include required language regarding the provision of secure bicycle parking. Sponsors Supervisors Katz, Leal, Ammiano, Brown, Bierman, Teng. File 277-96-3, Resolution No. 1140-96 (December 11, 1996 - Referred to Board for consideration on December 16, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Final Map] Motion approving final map of 139 Welsh Street, a live/work condominium project, being a subdivision of Lot 14 in Assessor's Block 3777, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-42 (December 5, 1996 - Referred to Board for consideration on December 16, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Grievance Settlement, Local 21] Ordinance implementing settlement of a grievance filed pursuant to the Memorandum of Understanding between the City and county and the International Federation of Professional and Technical Engineers, AFL-CIO, Local 21 providing for step increases for provisional employees to be effective for the period July 1, 1996 through June 30, 1998. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 093-96-033. [Coasters, Roller Skates, Skateboards] Substitute ordinance amending Traffic Code Section 100 governing the use of coasters, roller skates, skateboards and similar devices, to regulate the time and location adults and minors are permitted to use these devices on roadways and sidewalks within the City and County. Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 124-96-008.02. Referred to Board [State Legislation, SB 4] Resolution supporting Senate Bill 4, which amends Penal Code Sections 554 and 555.3, relating to trespass. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar December 23, 1996. File 012-96-049. [Transbay Terminal-Headwaters Trade] Resolution opposing the method by which the Transbay Terminal was offered in exchange for land located in the Headwaters Forest and opposing any efforts to use the Transbay Terminal in a manner inconsistent with San Francisco's Transit First Policy. Supervisors Katz, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar December 23, 1996. File 013-96-039.01. [Owner Move-in Eviction Review] Resolution requesting the Rent Board to carefully review all owner move-in evictions since June 1, 1996 and to strictly enforce laws relating to owner move-in evictions. Supervisors Katz, Leal presented. Referred to Board for Adoption Without Committee Reference Calendar December 23, 1996. File 109-96-002.01. Referred to Committee [General Obligation Bonds, Cultural Facilities] Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or reconstruction by the City and County of the following municipal improvements, to wit: acquisition, construction and/or reconstruction of community cultural facilities which include such facilities as the Mission Cultural Center, Bayview Opera House, Center for African and African-American Art and Culture, South of Market Cultural Center, Art Commission Gallery, Gay/Lesbian Cultural Center, and Native American Cultural Center and all other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $45,000,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. Supervisor Kaufman presented. Referred to Budget Committee. File 170-96-011. [General Obligation Bonds, Educational Facilities] Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or reconstruction by the City and County of the following municipal improvements, to wit: acquisition, construction and/or reconstruction of educational facilities used or to be used by the San Francisco Unified School District or the City College of San Francisco and all works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $130,000,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. Supervisors Teng, Katz presented. Referred to Budget Committee. File 170-96-012. [General Obligation Bonds, Zoo] Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or reconstruction by the City and County of the following municipal improvements, to wit: acquisition, construction and/or reconstruction of San Francisco Zoo facilities and properties and all other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $48,000,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. Supervisors Yaki, Kaufman, Bierman, Teng presented. Referred to Budget Committee. File 170-96-013. [Proposition 208 Amicus Brief] Resolution requesting the City Attorney file an amicus brief in support of Proposition 208 (campaign contributions and spending limits) and cooperate fully with legal efforts to defend the proposition. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar December 23, 1996. File 196-96-002. Charter Amendments: Referred to Committee [Charter Amendment, Retirement Benefits, Police] Charter amendment (First Draft-skeletal) amending Appendix A8.586 relating to retirement benefits for police officers. Supervisors Katz, Alioto, Brown presented. Referred to Rules Committee. File 278-96-001. [Charter Amendment, Clarify Certain 1932 Provisions] Charter amendment (First Draft-Skeletal) amending various sections to clarify certain provisions carried over from the 1932 Charter. Supervisor Kaufman presented. Referred to Rules Committee. File 279-96-001. [Charter Amendment, Public Utilities Commission] Charter amendment (First Draft) amending Section 16.103 to delete the priority schedule for the expenditure of revenues generated from utilities under jurisdiction of the Public Utilities Commission. Supervisor Kaufman presented. Referred to Rules Committee. File 280-96-001. [Charter Amendment, Sports Stadium, Candlestick Pt.] Charter amendment (First Draft-Skeletal) amending the charter by adding anew section relating to development of a new sports stadium at Candlestick Point. Supervisor Kaufman presented on behalf of Mayor Brown. Referred to Rules Committee. File 281-96-001. [Charter Amendment, Financing Sports Stadium] Charter amendment (First Draft-Skeletal) amending the Charter by adding a new section to provide for the financing of the development of a new sports stadium and any complementary uses, including, but not limited to, a retail or entertainment center, at Candlestick Point. Supervisor Kaufman presented on behalf of Mayor Brown. Referred to Rules Committee. File 282-96-001. [Charter Amendment, Candlestick Point Land Use] Charter amendment (First Draft-Skeletal) amending Section 4.113 to provide for the sale, lease or use of park land at Candlestick Point for any purpose complementary to the development of a new sports stadium, including, by way of example only and without limitation, a retail or entertainment center, and to further provide for any exchange(s) of park land if necessary or appropriate for development of such new sports stadium or complementary uses. Supervisor Kaufman presented on behalf of Mayor Brown. Referred to Rules Committee. File 283-96-001. [Charter Amendment, Retirement, Safety Employees] Charter amendment (First Draft-Skeletal) amending Appendix A8.559-14 and 8.585-14 relating to retirement benefits for safety employees who transferred membership under the retirement system to Sections 8.586 or 8.588 effective July 1, 1980. Supervisors Katz, Alioto, Brown presented. Referred to Rules Committee. File 286-96-001. [Charter Amendment, Early Retirement, Police] Charter amendment (First Draft-Skeletal) amending Appendix A8.559 relating to early retirement benefits for police officers. Supervisors Katz, Alioto, Brown presented. Referred to Rules Committee. File 287-96-001. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar December 23, 1996. File 030-96-001.25. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 097-96-065. [Commission on the Aging Membership] Ordinance amending Administrative Code by amending Section 16.6-59 relating to Commission on Aging membership by adding additional specific organizations. (Commission on the Aging) Referred to Budget Committee. File 101-96-028. [Appropriation, Water Department] Ordinance rescinding and transferring $10,910,000, Water Department, of various capital improvement projects funds to new capital projects (San Andreas Treatment Plant Expansion), for fiscal year 1966-97. RO #96163. (Controller) Referred to Budget Committee. File 101-96-029. [Appropriation, Department of Human Services] Ordinance appropriating $53,823, Department of Human Services, ($18,591 from Federal Revenue and $35,232 from General Fund Reserve) for salaries, materials and supplies, aid assistance, professional services and services of other departments to support the Welfare Reform Task Force for fiscal year 1996-97; providing for ratification of action previously taken. RO #96129. (Controller) Referred to Government Efficiency/Labor Committee. File 118-96-008. [Public Health License Fees] Ordinance amending Health Code by amending Sections 258, 451, and 609 relating to license and reinspection fees for the Department of Public Health. (Department of Public Health) Referred to Budget Committee. File 121-96-014. [Permits, Specialized Motor Vehicles for Hire] Ordinance amending Police Code by amending the definitional section thereof relating to taxicabs, and adding Sections 1148 through 1148.5 providing for the issuance of permits and the operation and regulation of specialized motor vehicles for hire. (Police Commission) Referred to Budget Committee. File 127-96-010. [Public Health License Fees] Ordinance amending Part III of the San Francisco Municipal Code (Revenue and Finance) by amending Sections 35, 120, 248, 249.1 and 249.7, and 249.13 relating to fees for licenses or permits for inspections by the Department of Public Health. (Department of Public Health) Referred to Budget Committee. Resolutions Referred to Committee File 048-96-067. [Settlement of Claim, Golden Eagle Insurance Co.] Resolution approving the settlement of the unlitigated claim of Golden Eagle Insurance Company by payment of $8,176.75. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-068. [Settlement of Claim, Stephen Young] Resolution approving the settlement of the unlitigated claim of Stephen Young by payment of $11,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 115-96-008.02. [Negative Declaration] Resolution adopting final negative declaration, finding and determining that the transit general advertising signs along the Embarcadero, on Jefferson, Jones and Beach Streets, and on King Street between the Embarcadero and Sixth Street will have no significant impact on the environment; and adopting and incorporating findings of final negative declaration; companion measure to Files 115-96-8 115-96-8.1, and 271-96-4. (Planning Department) (Final Negative Declaration adopted and issued 9/9/96.) Referred to Housing and Land Use Committee. File 146-96-027. [Grant-Private, Corporation for Supportive Housing] Resolution authorizing the Department of Public Health, Homeless Programs, to accept and expend retroactively a grant in the amount of $72,000, from the Corporation for Supportive Housing for primary health care and client centered treatment and case management services for the homeless population in San Francisco; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-028. [Grant, Target Cities/SSI Impact Study] Resolution authorizing the Department of Public Health, Division of Mental Health and Substance Abuse Services to accept and expend retroactively an augmentation to a grant up to the amount of $437,000 which excludes indirect costs from the United States Department of Health and Human Services, Center for Substance Abuse Treatment through the State of California, Department of Alcohol and Drug Programs to provide for baseline data collection for the multi-site Target Cities/SSI impact study; waiving indirect costs and providing for action previously taken. (See File 146-93-58). (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 148-96-007. [Environmental Enhancement and Mitigation Grant] Resolution authorizing the Department of Public Works to retroactively apply for, accept, and expend grant funding in the amount of $21,875 from the California Resources Agency to plant 500 trees within the Bernal Heights Neighborhood, waiving indirect costs. (Department of Public Works) Referred to Government Efficiency/Labor Committee. File 156-96-003. [PIC 1996 Refugee County Plan Modification] Resolution requesting approval of modifications to the Refugee County Plan to incorporate Targeted Assistance Discretionary Grant funds and rollover funds from Federal Fiscal Year 1995. (See Files 156-96-1 and 156-96-1.1) (Private Industry Council) Referred to Government Efficiency/Labor Committee. File 271-96-004. [General Advertising Signs, The Embarcadero] Resolution approving amendments to the San Francisco General Plan to allow general advertising signs on transit boarding platforms and transit shelters in the areas subject to the Northeastern Waterfront Plan and Mission Bay Plan, and on public service kiosks in the area subject to the Northeastern Waterfront Plan (Planning File No. 96.410M); companion measure to Files 115-96-8, 115-96-8.1, and 115-96-8.2. (Planning Department) (Planning Commission Resolution 14240 recommending approval of the General Plan amendments, adopted 11/21/96.) Referred to Housing and Land Use Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that City Attorney amend the bicycle rack Ordinance No. 31-96 to require compliance. By Supervisor Katz, that letter of inquiry be sent to Real Estate Department requesting a list of all leases entered into since the bicycle rack Ordinance No. 31-96 went into effect. By Supervisors Leal, Kaufman, that City Attorney analyze and draft appropriate legislation concerning ballot measure procedural reforms. By Supervisor Yaki, that City Attorney investigate and if appropriate, prepare legislation which would create local hiring preference for Redevelopment projects. By Supervisor Ammiano, that City Attorney draft ordinance which would amend Ordinance 401-96, pesticide management program, to expand the ban on pesticide use to also apply to lessees and tenants of property of the City and County. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Richard Robert Sorro (By the entire Board) File 2-96-49 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:35 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets 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 I, John L. Taylor, 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 Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors