Board of Supervisors Minutes: February 3, 1997

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, February 3, 1997 - 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 Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Quorum present. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Leal, seconded by Supervisor Teng, moved that the Journals of Proceedings for Monday, November 25, and December 9, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Presentation of Guests Suspension of the Rules Supervisor Leal, seconded by Supervisor Yaki, moved to suspend the rules of order to grant privilege of the floor to various guests. No objection and motion carried. Supervisor Leal introduced and welcomed John Langley Howard, muralist contributor to the Coit Tower who will become 95 years old on February 5, 1997, accompanied by his daughter and son. Mr. Howard thanked the Board of Supervisors for the certificate of honor recognizing his accomplishments. Supervisor Ammiano introduced and welcomed Tony Kilroy and Gerry Duddy, civil rights advocates from Ireland, who are here to seek support to put pressure on the British Government to reopen investigation of the incident January 30, 1972 in Derry City, known as "Bloody Sunday". Disability Awareness Day The Board of Supervisors participated in the Second Annual Disablity Awareness Day as follows: Supervisors Bierman, Katz, Kaufman, Leal, Medina, Teng and Yaki were in wheelchairs; Supervisor Ammiano and Brown were blind and Supervisor Yee had a walking cane. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Water Department] Ordinance rescinding and transferring $10,910,000, Water Department, of various capital improvement projects funds, for fiscal year 1996-97. (Controller) File 101-96-28, Ordinance No. 35-97 (Fiscal Impact.) Finally passed. [Appropriation, Board of Supervisors] Ordinance appropriating $10,000, Board of Supervisors, from the General Fund Reserve to memberships to join the Urban Counties Caucus, for fiscal year 1996-97. (Controller) File 101-96-30, Ordinance No. 36-97 (Fiscal Impact.) Finally passed. [Appropriation, Administrative Services/City Attorney/Controller] Ordinance appropriating $300,000, Department of Administrative Services, City Attorney and Controller, from Bond Proceeds ($51,415 of 1992 Fire Facility Improvement Bonds-Series 1996C; $103,219 of 1994 School Bonds-Series 1996D; $106,229 of Asian Art Museum Relocation Bonds-Series 1996E and $39,137 of 1989 Earthquake Safety Bonds-Series 1996B) for other current expenses, (costs of bond issuance) for fiscal year 1996-97. (Controller) File 101-96-31, Ordinance No. 37-97 (Fiscal Impact.) Finally passed. [Appropriation, Mayor's Office] Ordinance appropriating $60,145, Mayor's Office, from General Fund Reserve for bilingual domestic violence to allow the Mayor's Office to contract with the Asian Women's Shelter for fiscal year 1996-97. (Controller) File 101-96-34, Ordinance No. 38-97 Finally passed. [Appropriation, Mayor's Office of Community Dev.] Ordinance appropriating $187,936, Mayor's Office of Community Development, to continue contracts for dispute resolution services in fiscal year 1996-97; providing for ratification of action previously taken. (Controller) File 101-96-35, Ordinance No. 39-97 Finally passed. [Commission on the Aging Membership] Ordinance amending Administrative Code, relating to Commission on Aging membership by adding additional specific organizations. (Commission on the Aging) File 97-96-65, Ordinance No. 34-97 (Amends Section 16.6-59.) Finally passed. Recommendations of Rules Committee Passed for Second Reading [Deedra Robinson v. CCSF et al.] Ordinance authorizing settlement of litigation of Deedra Robinson against the City and County by payment of $9,000. (City Attorney) File 45-97-2, Ordinance No. (Municipal Court No. 123-430.) Passed for second reading. [Frederic N. Fremy v. CCSF et al.] Ordinance authorizing settlement of litigation of Frederic N. Fremy against the City and County by payment of $15,000. (City Attorney) File 45-97-3, Ordinance No. (Superior Court No. 973-839.) Passed for second reading. [Don Alan v. CCSF] Ordinance authorizing settlement of litigation of Don Alan v. City and County by payment of $70,000. (City Attorney) File 45-97-4, Ordinance No. (Superior Court No. 977-113.) Passed for second reading. Adopted [Settlement of Claim, CSAA/Tom Johnson] Resolution approving the settlement of the unlitigated claim of CSAA/Tom Johnson by payment of $9,950.00. (City Attorney) File 48-97-1, Resolution No. 124-97 Adopted. [Claim, Delfin Bermejo/Farmers Insurance Group] Resolution approving the settlement of the unlitigated claim of Delfin Bermejo/Farmers Insurance Group by payment of $7,456.53. (City Attorney) File 48-97-2, Resolution No. 125-97 Adopted. [Claim, East Bay Regional Park District] Resolution approving the settlement of the unlitigated claim of East Bay Regional Park District by payment of $23,005.19. (City Attorney) File 48-97-3, Resolution No. 126-97 Adopted. [Settlement of Claim, Kjell Hallum] Resolution approving the settlement of the unlitigated claim of Kjell Hallum by payment of $13,500.00. (City Attorney) File 48-97-4, Resolution No. 127-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Budget Committee Consideration Continued [Permits, Specialized Motor Vehicles for Hire] Ordinance amending Police Code, by amending the definition of taxicab and add new sections concerning regulation of specialized motor vehicles for hire (ramped taxis). (Police Commission) File 121-96-14, Ordinance No. (Fiscal Impact.) (Amends Section 1076; Adds Sections 1148 through 1148.5.) (January 27, 1997 - Consideration continued to February 3, 1997.) Supervisor Bierman, seconded by Supervisor Ammiano, moved to continue consideration to February 10, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Permit Fees for Tow Car Firms/Ramped Taxicabs] Ordinance amending Police Code, relating to permit filing fees and permit license fees for tow car firms and ramped taxicabs (minivan taxicabs adapted for wheelchair users); companion measure to File 121-96-14. (Police Commission) File 121-96-13, Ordinance No. (Amends Sections 2.26, 2.27.) (Fiscal Impact.) (January 27, 1997 - Consideration continued to February 3, 1997.) Supervisor Leal, seconded by Supervisor Katz, moved to continue consideration to February 10, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. From Budget Committee with Recommendation "Do Submit" Adopted as Amended [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; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan. Sponsors Supervisors Yaki, Kaufman, Bierman, Teng. File 170-96-13, Resolution No. 115-97 (Fiscal Impact.) (January 21, 1997 - Consideration continued to February 3, 1997.) Supervisor Yaki, seconded by Supervisor Teng, moved to amend title, page one, line eleven, after "indebtedness" by adding "; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan"; amend page two by adding the following paragraph: "Section 3. Proposition M Findings. The Board of Supervisors having reviewed the proposed legislation, finds and declares that the proposed project is in conformity with the priority policies of Section 101.1(b) of the Planning Code and with the City's General Plan, and hereby adopts the findings of the Planning Department, as set forth in the General Plan Referral Report, dated January 31, 1997, and incorporates said findings by reference." and renumber current Section 3 as Section 4. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. From Committee of the Whole Without Recommendation Adopted as Amended [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 other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $140,000,000 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; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan. Sponsors Supervisors Teng, Ammiano, Katz. File 170-96-12.1, Resolution No. 114-97 (January 21, 1997 - Consideration continued to February 3, 1997.) Supervisor Teng, seconded by Supervisor Katz, moved to amend title, page one, line twelve, after "indebtedness" by adding "; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan"; amend page two by adding the following paragraph: "Section 3. Proposition M Findings. The Board of Supervisors having reviewed the proposed legislation, finds and declares that the proposed project is in conformity with the priority policies of Section 101.1(b) of the Planning Code and with the City's General Plan, and hereby adopts the findings of the Planning Department, as set forth in the General Plan Referral Report, dated January 31, 1997, and incorporates said findings by reference." and renumber current Section 3 as Section 4. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. Recommendation of Government Efficiency and Labor Committee Consideration Continued [Airport - United Air Lines, Inc. Lease] Resolution approving retroactively, lease between United Air Lines, Inc. and the City and County, acting by and through its Airport Commission. (Airports Commission) File 27-96-16, Resolution No. (Fiscal Impact.) (January 27, 1997 - Consideration continued to February 3, 1997.) Supervisor Katz, seconded by Supervisor Ammiano, moved to continue consideration to February 10, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Recommendation of Rules Committee Consideration Continued [Cable TV Franchise Confidential Communications] Motion waiving the Attorney-Client privilege regarding the two cable television franchise confidential communications from the City Attorney's office for which the Board of Supervisors holds the attorney-client privilege, and directing the Clerk to place these files in Board File No. 32-96-1.4. Sponsors Supervisors Ammiano, Katz, Yaki. File 32-96-1.7 (January 21, 1997 - Consideration continued to February 3, 1997.) Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to February 10, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Cable Television Franchise Amendments] Ordinance amending Ordinance Number 105-64, as amended by Ordinances No. 528-88, 315-89, 375-90 and 42-91, by amending all sections, including deleting Section 19 and Appendices 1 through 9, renumbering Sections 20 through 24 and adding new Sections 24, 25, 26, 27, 28, 29, 30, 31, and 32 and Appendices A through H, to clarify and expand the obligations of the grantee, Television Signal Corporation. (City Attorney) File 32-96-1.4, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 7. Noes: Supervisors Ammiano, Medina, Yee - 3. Adopted [Cable Television Franchise Transfer] Resolution approving the transfer of control over Television Signal Corporation, San Francisco Cable Television Franchise grantee, from Viacom, Inc., to Tele-Communications, Inc., upon condition of acceptance and tender to the City and County of the franchise amendments, the guaranty, the mutual release and compensation for certain costs and expenses related to the transfer. (City Attorney) File 32-96-1.5, Resolution No. 107-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 7. Noes: Supervisors Ammiano, Medina, Yee - 3. [Side-Letter Agreement, Television Signal Corporation] Resolution approving the Side-Letter Agreements by and between Television Signal Corporation and the City and County of San Francisco through their respective counsel regarding certain agreements between the parties in connection with the transfer of control of Television Signal Corporation from Viacom, Inc., to Tele-Communications, Inc. (City Attorney) File 32-96-1.8, Resolution No. 109-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 7. Noes: Supervisors Ammiano, Medina, Yee - 3. [Gift Acceptance, Tele-Communications, Inc.] Resolution authorizing the Director of the Department of Telecommunications and Information Services to accept on behalf of the City a gift in the amount of Two Hundred Thousand Dollars ($200,000), from Tele-Communications, Inc. (TCI) for the purchase of television production equipment for the government access channel for installation in the television studio in the new Main Library. (City Attorney) File 32-96-1.6, Resolution No. 108-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. From Budget Committee With Recommendation "DO PASS" Passed for Second Reading [Special Election, June 3, 1997] Ordinance calling and providing for a special election to be held in the City and County on Tuesday, June 3, 1997, provided that one or more measures is timely submitted to the voters of the City and County to be voted on at that election. (Clerk of the Board) File 60-97-1, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendations of Finance Committee Passed for Second Reading [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 a step increase for provisional employees to be effective for the period July 1, 1995 through June 30, 1998. Sponsor Supervisor Ammiano. File 93-96-33, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Adopted [Emergency Repair, Pier 70 Drydock Oil Spill] Resolution approving a declaration of emergency for contractual assistance in assessing damages from the Cape Mohicon oil spill incident at Pier 70, Port, in the amount of $42,000. (Port Commission) File 28-96-12, Resolution No. 106-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Recommendations of Rules Committee Adopted [Appointments] Resolution appointing members to the Lead Poisoning Prevention Citizens Advisory Committee. (Rules Committee) File 92-96-46.2, Resolution No. 110-97 (Giulio Francesconi, vice Janan New, Seat No. 26611, expertise in residential multi-dwellings, term expired, for new four-year term ending August 20, 2000; Nancy Lewis, vice David Tajeda, Seat No. 26624, medical provider, resigned, for unexpired portion of four-year term ending August 27, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Appointment] Resolution appointing alternate member to the Assessment Appeals Board #2, for unexpired portion of three-year term ending September 7, 1998. (Rules Committee) File 92-96-51, Resolution No. 105-97 (Blayne Asher, vice Laurence Lee, Seat No. 21012, hearing officer/alternate position, resigned.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Appointments] Resolution appointing members to the Delinquency Prevention Commission, terms expired, for new four-year terms ending December 31, 2000. (Rules Committee) File 92-96-58.1, Resolution No. 111-97 (Keysha McFarlin, vice Taima Ford, Seat No. 21801, youth seat; Jeannie Hwang, vice Patricia Lee, Seat No. 21807; Laurie Belton, vice Joshua Bloom, Seat No. 21809; Mary Midgett, vice Karen Koonan, Seat No. 21810; Adante Higgins, vice self, Seat 21812; Yvette Gomez, vice Migdalia Rosado, Seat No. 21813.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Appointments] Resolution appointing governing body members to the San Francisco Health Authority. (S.F. Health Authority) File 92-96-68, Resolution No. 112-97 (Stuart Heard, Pharmacy Leadership Group; Charles Range, S.F. Community Clinic Consortium; David Soffa, S.F. Medical Society.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Appointment] Resolution appointing member to the Developmental Disabilities Area Board V, for unexpired portion of three-year term ending December 31, 1998. (Rules Committee) File 92-97-1, Resolution No. 128-97 (Theresa Gallegos, vice Michael Grafton, Seat No. 21901, public-at-large, resigned.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Appointments] Resolution appointing members to the Mental Health Board. (Rules Committee) File 92-97-2.1, Resolution No. 129-97 (Darwin Dias, vice himself, Seat No.50112, consumer, for new three-year term ending January 31, 2000; Supervisor Sue Bierman, Seat 50117, must be member of the Board of Supervisors, for new two-year term ending January 31, 1999.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to adding to the proposed bond measure for acquisition, construction or reconstruction by the City and County of community cultural facilities, an additional $4,000,000 for the Center for Asian American Arts and Culture, bringing the total estimated cost to $49,000. File 170-96-11 (January 21, 1997 - Consideration continued to February 3, 1997.) The privilege of the floor was granted to the following persons: Speaking in support: Camille, Molly, Pam Wu, Rita Berlin, John C. Ho, Claudine Naganuma, Janeen Antoine, Julie, Randy Burns, Mark Nash, Jerry Freehawks, Neil Patsweeney, Tamara Chin. Speaking in opposition: Ernestine Weiss. There being no one else present wishing to speak, the President declared the public hearing closed. From Budget Committee with Recommendation "Do Submit" Adopted as Amended [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 asthe 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, the Center for Asian American Arts and Culture and all other works, property and structures necessary to convenient for the foregoing purposes, that the estimated cost of $49,000,000 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; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan. Sponsors Supervisors Kaufman, Bierman, Teng. File 170-96-11, Resolution No. 113-97 (Fiscal Impact.) (January 21, 1997 - Consideration continued to February 3, 1997.) Supervisor Teng, seconded by Supervisor Ammiano, moved to amend title, page one, line fifteen, after "indebtedness" by adding "; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and the City's General Plan"; amend page two by adding the following paragraph: "Section 3. Proposition M Findings. The Board of Supervisors having reviewed the proposed legislation, finds and declares that the proposed project is in conformity with the priority policies of Section 101.1(b) of the Planning Code and with the City's General Plan, and hereby adopts the findings of the Planning Department, as set forth in the General Plan Referral Report, dated January 31, 1997, and incorporates said findings by reference." and renumber current Section 3 as Section 4. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to decision of Planning Commission by its Motion No. 14245, dated November 21, 1996, approving Conditional Use Application No. 96.453C, for conditional use authorization to install a total of six antennas on the roof and a base transceiver station in the garage of an existing four-story mixed use (residential/commercial) building in an NC-2 (Small Scale Neighborhood Commercial) District and a 65-A Height and Bulk District, pursuant to Section 711.83 of the Planning Code, on property located at 1515 Taraval Street, south side between 25th and 26th Avenues; Lot 50 in Assessor's Block 2400. File 37-97-1 (Appeal filed December 23, 1996.) (January 21, 1997 - Consideration continued to February 3, 1997.) The following persons were sworn in and granted privilege of the floor: Appellants: Kevin Shannon, Ernie McMann, Kevin Rosen, female speaker. Respondents: Susan Montana, representing Planning Department and Planning Commission; Lynn Buliem, Tim Stember, Frances Benson. A rebuttal period was allowed. The President then declared the hearing closed. Appointment of President Pro Tempore At the request of the President, Supervisor Leal assumed the Chair. (Only one of the following two motions should be adopted.) Adopted [Zoning Appeal] Motion approving decision of the Planning Commission by its Motion No. 14245, approving Conditional Use Application No. 96.453C, on property located at 1515 Taraval Street, and adopting findings pursuant to Planning Code Section 101.1. File 37-97-1.1 (January 21, 1997 - Consideration continued to February 3, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. The President resumed the Chair. Tabled [Zoning Appeal] Motion disapproving decision of the Planning Commission by its Motion No. 14245, approving Conditional Use Application No. 96.453C, on property located at 1515 Taraval Street. File 37-97-1.2 (January 21, 1997 - Consideration continued to February 3, 1997.) Supervisor Ammiano, seconded by Supervisor Yaki, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Adopted [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 96.453C on property located at 1515 Taraval Street, for action by the Board at its next meeting. File 37-97-1.3 (January 21, 1997 - Consideration continued to February 3, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Leboriae P. Smoore, police brutality, constitution for poor; Ernestine Weiss, Tenants Bill of Rights; Camille, youth gender identity safety disorder; Michael Powers, oppose health department sex club guidelines; Michael Petrelis, gay bath houses; Richard Krauser, oppose sex club regulations; Male speaker, bath houses. 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. Adopted [Time Extension] Motion extending to February 28, 1997, the deadline for a Board of Supervisors committee to consider the imposition of Interim Zoning Controls to prohibit introduction of new bars, full-service restaurants, specialty groceries and retail coffee stores in the West Portal Avenue Neighborhood Commercial District (as defined in Planning Code Section 729.1 et seq.) for an eighteen-month period. Sponsor Supervisor Teng. File 111-96-5.1. (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. [Celebrating Lunar New Year] Resolution commemorating the Year of the Ox and declaring February 7, 1997 to be "Celebrating Lunar New Year Day" in San Francisco. Sponsors Supervisors Teng, Yaki, Yee, Bierman, Kaufman, Leal, Katz. File 4-97-3, Resolution No. 116-97 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Katz requested to be added as co-sponsors. [California State Parent Teachers Association] Resolution proclaiming February 20, 1997 as "Parent Teachers Association (PTA) Day" in San Francisco. Sponsors Supervisors Teng, Ammiano, Kaufman, Yee, Bierman, Katz, Yaki, Leal. File 4-97-4, Resolution No. 117-97 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. In connection with the above item, Supervisors Yaki, Leal requested to be added as co-sponsors. [State Legislation, AB 48] Resolution supporting AB 48 which requires specific reporting procedures for money spent on fighting crack cocaine epidemic. Sponsors Supervisors Yee, Brown, Ammiano, Bierman, Katz. File 12-97-4, Resolution No. 121-97 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [State Legislation, AB 6, SB 3] Resolution declaring support of companion bills in the Assembly (AB 6) and the Senate (SB 3) which would make gamma hydroxy butyrate (GHB) a Schedule I drug. Sponsors Supervisors Ammiano, Katz, Bierman, Yaki. File 12-97-5, Resolution No. 122-97 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [Cable Television Customer Service Standards] Resolution adopting minimum standards for customer service by cable television operators and directing the Clerk to notify TCI of the adoption of this resolution. Sponsors Supervisors Leal, Kaufman, Brown, Bierman, Yaki, Katz. File 32-97-2, Resolution No. 123-97 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. In connection with the above item, Supervisors Yaki, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown. File 30-97-1.1 (January 27, 1997 - Introduced in Board for consideration on February 3, 1997.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. IMPERATIVE CALENDAR 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 following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolution(s) being considered at this time are purely commendatory. Supervisor Medina, seconded by Supervisor Katz, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Brown Act Finding] Motion that the Board finds 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 Medina, seconded by Supervisor Katz, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Imperative Resolutions] Adopted [Commend ALAS Project] Resolution commending the Alternativas Para Latinas en Auto Suficiencia (ALAS) program on their 5th Anniversary of service to the community. File 006-97-013, Resolution No. 119-97 Supervisors Medina, Leal, Bierman, Ammiano, Kaufman, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Commend Shanti's Latino Project] Resolution commending Shanti's Latino Project on their work providing services to spanish-speaking persons living with HIV on the occasion of their "Noche De Salsa" fundraiser. File 006-97-014, Resolution No. 120-97 Supervisors Medina, Leal, Bierman, Ammiano, Kaufman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. [Commend Bloody Sunday Justice Campaign] Resolution commending the Bloody Sunday Justice Campaign. File 006-97-012, Resolution No. 118-97 Supervisors Ammiano, Bierman, Teng, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Board [Day of Remembrance] Resolution commemorating the Day of Remembrance 1997 and declaring February 22, 1997 as "Adios to Tears Day" in San Francisco. Supervisors Teng, Yaki, Leal, Medina, Ammiano, Bierman, Brown, Katz, Kaufman, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 004-97-005. [Commend Jose Caedo] Resolution commending Jose Caedo for his long service to the citizens of San Francisco, especially members of the senior and disabled communities. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 006-97-015. [Commend Theodore Hsieh Wang] Resolution commending Theodore Hsieh Wang for his lifelong commitment to civil rights. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 006-97-016. [Commend Laura Wagner-Lockwood] Resolution commending Laura Wagner-Lockwood for her years of distinguished service as Public Finance Director of the City and County of San Francisco and her many contributions to the City and County. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 006-97-017. [Commend Coalition of Black Trade Unionists] Resolution commending the Coalition of Black Trade Unionists and declaring February 14, 1997 as "Northern California Coalition of Black Trade Unionists Day" in San Francisco. Supervisors Teng, Brown, Medina, Ammiano, Bierman, Katz, Kaufman, Leal, Yaki, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 006-97-018. [Bloody Sunday Inquiry] Resolution urging the Government of Great Britain to hold a new inquiry into the killing of fourteen civil rights marchers by British Paratroopers (January 30, 1972, Bloody Sunday). Supervisors Ammiano, Bierman, Teng, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 013-97-003. [Edgehill Way Safety Emergency] Resolution supporting the efforts of the Departments of Building Inspection and Public Works in responding to the emergency conditions in and around Edgehill Way and demanding that the developers of the Knockash Hill Subdivision assume their responsibility for abating the emergency conditions. Supervisors Teng, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 028-97-001.03. [Edgehill Way Emergency Authorization] Resolution concurring with and supporting the Director of the Department of Building Inspection's finding and declaration of a public emergency; urging said Director to take necessary measures in the most expeditious manner to protect the public safety, health, welfare and property of the citizens of San Francisco with regard to the dangerous condition created by the property at 305 Edgehill Way; and to authorize the Director of the Department of Building Inspection and the Director of Public Works to enter into agreements of indemnity based on this and previous Board-declared emergency at Edgehill Way. Supervisors Teng, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 028-97-001.04. Referred to Committee [Lease-Finance Bond, Sports Stadium] Resolution submitting a ballot proposition for this year's June 3rd Special Election, authorizing the City to lease-finance a stadium development at Candlestick Point, in principal amount not exceeding $100,000,000 provided no City taxes are increased or newly imposed without Proposition 218 voter approval. Supervisor Brown presented. Referred to Finance Committee with request it be considered at the February 12, 1997 meeting. File 060-97-003. Requests for Hearings: [Public, Educational and Government Channels] Hearing to consider the goals, programs, public accessibility and funding level of the public, educational and governmental channels. Supervisor Teng presented. Referred to Economic Development, Transportation and Technology Committee. File 220-97-001. [Minority/Women/Local Business Enterprise Program] Hearing to consider the status of the Minority/Women/Local Business Enterprise Program and the attendant sunset clause (Administrative Code Section 12D.15). Supervisor Katz presented. Referred to Health, Family and Environment Committee. File 284-97-001. Motions: Referred to Committee [December Winter Storm 1996 Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the December 1996 Storm. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 10, 1997. File 270-97-001.02. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 007-97-002. [Fees for Paratransit Services] Ordinance approving revised fare schedule for the San Francisco Municipal Railway's contracted lift van and group van paratransit services to provide for lift van services at a rate of 90 cents per trip or a $35.00 monthly fast pass, and group van services at a rate of 60 cents per trip, and to credit any increased revenues from such fares to provide for additional paratransit services. (Public Utilities Commission) Referred to Finance Committee. File 034-97-002. [Sidewalk Width Regulations, Day Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1537 changing the official sidewalk width on the south side of Day Street west of Church Street, as shown on the revised Department of Public Works drawing labeled Q-20-451 (change 1) and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Neighborhood Services Committee. File 045-97-005. [Grove v. CCSF, et al.] Ordinance authorizing settlement of litigation in the matter entitled Grove v. City and County of San Francisco by payment of $281,500 or alternatively, $225,000. (Superior Court No. 970-196). (City Attorney) Referred to Rules Committee. File 045-97-006. [Karen Chan, June Lee et al. v. CCSF] Ordinance authorizing settlement of litigation of Karen Chan, June Lee, and Fook Shiu Lee v. City and County of San Francisco by payment of $275,000. (Superior Court No. 977-255) (City Attorney) Referred to Rules Committee. File 045-97-007. [San Coc Duong v. CCSF et al.] Ordinance authorizing settlement of litigation of San Coc Duong against the City and County of San Francisco by payment of $9,382. (Superior Court No. 966-554) (City Attorney) Referred to Rules Committee. File 045-97-008. [Jessie Harjani et al. v. CCSF et al.] Ordinance authorizing settlement of litigation of Jessie Harjani, Martin Harjani, Martin Leung and Mat-Kit Leung against the City and County of San Francisco by payment of $7,500. (Municipal Court No. 125-870) (City Attorney) Referred to Rules Committee. File 045-97-009. [Hadley Auto Transport, Inc. v. CCSF et al.] Ordinance authorizing settlement of litigation of Hadley Auto Transport, Inc. against the City and County of San Francisco by payment of $48,360.53. (Superior Court No. 974-590) (City Attorney) Referred to Rules Committee. File 045-97-010. [Marga Myers et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Marga Myers against the City and County of San Francisco by payment of $10,000. (Superior Court No. 980-293) (City Attorney) Referred to Rules Committee. File 045-97-011. [Yvette Jordan-Batiste v. CCSF et al.] Ordinance authorizing settlement of litigation of Yvette Jordan-Batiste against the City and County of San Francisco by payment of $12,500. (Superior Court No. 977-102) (City Attorney) Referred to Rules Committee. File 045-97-012. [Baeza v. CCSF et al.] Ordinance authorizing settlement of the litigation of Baeza v. City and County of San Francisco, et al. by making a binding offer in the amount of One Hundred and Eighty Five Thousand Dollars ($185,000) pursuant to Federal Rule of Civil Procedure 68. (USDC Case No. C-93-3130 DLJ, Case No. C-96-1240 DLJ, Consolidated) (City Attorney) Referred to Rules Committee. File 045-97-013. [Morene Meek v. CCSF et al.] Ordinance authorizing settlement of litigation of Morene Meek against the City and County of San Francisco by payment of $6,500. (Superior Court No. 970-243) (City Attorney) Referred to Rules Committee. File 046-97-001. [CCSF v. Pierre Merkl and David Baross] Ordinance authorizing settlement of litigation by the City and County of San Francisco against Pierre Merkl and David Barross by accepting the payment of $22,000. (Superior Court No. 972-405) (City Attorney) Referred to Rules Committee. File 101-96-045. [Appropriation, Recreation and Park Department] Ordinance appropriating $315,250, Recreation and Park Department, of Recreation and Park Revenue for contractual services at the park to reimburse the San Francisco Giants for the installation of the "Out of Town scoreboard at 3COM Park and Candlestick Point for fiscal year 1996-97. RO #96177. (Controller) Referred to Finance Committee. File 101-96-046. [Appropriation, Public Utilities Commission] Ordinance appropriating $2,058,214, Public Utilities Commission, of Federal Revenue for salaries, fringe benefits, professional services, overhead, training, taxes, licenses and permits, other current expenses, materials and supplies, equipment lease purchase and services of other departments for the creation of twelve (12) positions at the Public Utilities Commission for costs incurred in taking over the operations and maintenance of the utility systems serving Treasure Island for fiscal year 1996-97; companion measure to Files 102-96-11 and 172-97-4. RO #96218. (Controller) Referred to Finance Committee. File 102-96-009. [Salary Ordinance Amendment, Art Commission] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of one (1) position (Class 1312 Public Information Officer), at the Art Commission; companion measure to File 101-96-43. (Department of Human Resources) Referred to Finance Committee. File 102-96-010. [Salary Ordinance Amendment, District Attorney] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of three (3) positions (Class 8178 Senior Attorney (2), and Class 8180 Principal Attorney (1)), in the District Attorney's Office, Domestic Violence Unit. (Department of Human Resources) Referred to Finance Committee. File 102-96-011. [Salary Ordinance Amendment, PUC] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of twelve (12) positions in the Public Utilities Commission and Department of Public Works to staff assumption of responsibility for utility operation and maintenance at Treasure Island; companion measure to Files 101-96-46 and 172-97-4. (Department of Human Resources) Referred to Finance Committee. File 127-97-002. [Birth Certificate Fees] Ordinance amending Part III, Article 2 of the San Francisco Municipal Code (License Fees) by adding Section 249.16 to increase the fee for a certified copy of a birth certificate by three dollars ($3.00), with the proceeds of this increase to be used to help fund dependency mediation in Juvenile Court. (Superior and Municipal Courts) Referred to Finance Committee. Resolutions Referred to Committee File 040-97-001. [Residential Parking Area "W", SFGH Area] Resolution extending the boundaries and revising time limitations for certain streets of Residential Permit Parking Area "W" in the San Francisco General Hospital area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services. File 048-97-009. [Settlement of Claim, Linda Rogers] Resolution approving the settlement of the unlitigated claim of Linda Rogers by payment of $6,000.00. (City Attorney) Referred to Rules Committee. File 048-97-010. [Settlement of Claim, Liberty Mutual Group] Resolution approving the settlement of the unlitigated claim of Liberty Mutual Group by payment of $7,417.02. (City Attorney) Referred to Rules Committee. File 048-97-011. [Settlement of Claim, Thario Ithfan] Resolution approving the settlement of the unlitigated claim of Thario Ithfan by payment of $5,545.03. (City Attorney) Referred to Rules Committee. File 048-97-012. [Settlement of Claim, Federal Insurance Company] Resolution approving the settlement of the unlitigated claim of Federal Insurance Co. by payment of $8,240.99. (City Attorney) Referred to Rules Committee. File 064-97-003. [Transbay Terminal Lease] Resolution approving a lease between the Municipal Railway and the California Department of Transportation for the use of the upper deck of Transbay Terminal, and indemnifying the State of California. (Public Transportation Commission) Referred to Finance Committee. File 146-97-001. [Innovations in American Government Awards] Resolution authorizing the Department of Public Health, to apply retroactively for three awards in a total amount of up to $300,000, from the Ford Foundation and the John F. Kennedy School of Government at Harvard University, Innovations in American Government Program, for three projects; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) Referred to Health, Family and Environment Committee. File 146-97-002. [State Grant] Resolution authorizing the Department of Public Health, Division of Mental Health and Substance Abuse Services to apply for retroactively and accept and expend a grant up to $50,000 which excludes indirect costs, from the State of California, Department of Alcohol and Drug Programs to provide mentoring to children and youth who are at greatest risk from drug abuse, violence, school dropout, teen pregnancy and other problems; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) Referred to Health, Family and Environment Committee. File 147-97-001. [Grant, American Library/Microsoft Online Program] Resolution authorizing the San Francisco Public Library through the Friends of the San Francisco Public Library to accept and expend $225,000 in cash and in-kind services to be awarded jointly by the American Library Association and Microsoft Corporation, as part of the Libraries Online Program to provide neighborhood access to telecommunications, multimedia and the graphical internet in three branch libraries; waiving indirect costs. (Public Library) Referred to Economic Development, Transportation/Technology Committee. File 172-97-002. [Hold Harmless Agreement] Resolution authorizing the Chief of Police to execute a hold harmless agreement with the State of California concerning the conduction of investigative training by the San Francisco Police Department. (Police Commission) Referred to Finance Committee. File 172-97-003. [Agreement, CCSF/Hill Financial Services, Inc.] Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County of San Francisco and HHL Financial Services, Inc. to provide uncompensated care recovery services. (Department of Public Health) Referred to Health, Family and Environment Committee. File 172-97-004. [Treasure Island Cooperative Agreement] Resolution approving and authorizing the City to enter into a cooperative agreement with the Navy whereby the City's Public Utilities Commission will assume certain responsibilities regarding the operation and maintenance of utilities on Treasure Island prior to the Navy's closure of Treasure Island on October 1, 1997 and the Navy will reimburse the City for the costs therefore; companion measure to Files 101-96-46 and 102-96-11. (Mayor Willie L. Brown, Jr.) Referred to Finance Committee. File 214-97-001. [State Grant, Juvenile Probation] Resolution authorizing the San Francisco Juvenile Probation Department to retroactively apply for and to accept and expend $41,760 in grant funds from the State of California Department of Youth Authority, for the implementation of a "Young Men as Fathers Program"; waiving indirect costs. (Juvenile Probation Department) Referred to Health, Family and Environment Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yee, that City Attorney prepare and approve as to form charter amendment which would allow probation officers with five years' service to be promoted to Senior Probation Officer (8442) as vacancies occur. By Supervisor Ammiano, that City Attorney review, prepare and approve as to form draft omnibus ordinance providing for stronger ethical standards, reporting requirements and procedural regulations to protect the integrity of San Francisco's electoral and governmental processes based on draft legislation submitted. By Supervisor Kaufman, that letter be sent on behalf of the entire Board of Supervisors to Ramona Albright offering her the Board's best wishes and hoping that she gets well soon. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Herb Caen (By the entire Board) Rosiland Delancey (By the entire Board) Wes Senzaki (By the entire Board) Julie Field Sponsor Supervisor Leal. File 2-96-5 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:15 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