Board of Supervisors Minutes: February 24, 1997

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, February 24, 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 2:00 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 8. Noted absent at first roll call: Supervisors Brown, Katz, Leal - 3. Quorum present. Supervisor Brown was noted present at 2:01 p.m. Supervisor Katz excused. (See infra.) Supervisor Leal was noted present at 2:01 p.m. Supervisor Katz Excused The Clerk stated Supervisor Katz requested to be excused from attending today's meeting. Supervisor Medina, seconded by Supervisor Leal, moved to excuse Supervisor Katz from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. Introduction of Guests Suspension of the Rules Supervisor Yaki introduced and welcomed a delegation of public officials from Korea who are here on a study tour of local government. Supervisor Yaki, seconded by Supervisor Leal, moved to suspend the rules of order to grant privilege of the floor to Mr. Chun Young-Kook, representing the delegation. Speaking through an interpreter, Mr. Chun Young-Kook spoke of the purpose of their visit and the opportunity to witness the Board of Supervisors proceedings in order to learn and take back some of the procedures they observed. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Permits, Specialized Motor Vehicles for Hire] Ordinance amending Police Code, by amending the definition of taxicab and adding new sections concerning regulation of specialized motor vehicles for hire (ramped taxis). (Police Commission) File 121-96-14, Ordinance No. 64-97 (Fiscal Impact.) (Amends Section 1076; Adds Sections 1148 through 1148.5.) Finally passed. [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. 63-97 (Amends Sections 2.26, 2.27.) (Fiscal Impact.) Finally passed. Recommendations of Finance Committee Finally Passed [Appropriation, Art Commission] Ordinance appropriating $15,000, Art Commission, of Public Art Fund Revenue, to salaries and fringe benefits for the creation of one (1) position for fiscal year 1996-97. (Controller) File 101-96-43, Ordinance No. 47-97 Finally passed. [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) File 102-96-9, Ordinance No. 61-97 Finally passed. [Appropriation, Recreation and Park Department] Ordinance appropriating $294,503, Recreation and Park Department, from the General Fund Reserve to purchase golf equipment for fiscal year 1996-97. (Controller) File 101-96-44, Ordinance No. 59-97 Finally passed. [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. (Controller) File 101-96-46, Ordinance No. 60-97 Finally passed. [Salary Ordinance Amendment, PUC] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97), in the Public Utilities Commission and Department of Public Works reflecting the creation of twelve (12) positions to staff assumption of responsibility for utility operation and maintenance at Treasure Island; companion measure to File 101-96-46. (Department of Human Resources) File 102-96-11, Ordinance No. 62-97 Finally passed. [Lease Financing for 911 Center] Ordinance rescinding Ordinance 208-94 (Citywide Radio System Lease Financing); approving a site lease agreement between the City and County of San Francisco ("City"), as lessor, and the City and County of San Francisco Finance Corporation ("Corporation"), as lessee, relating to a portion of Assessor's Block 759, Lot 1, known as the Margaret S. Hayward Playground ("Site"); approving a project lease agreement between the Corporation, as lessor, and the City, as lessee, of the 911 Dispatch Center to be constructed on the site (including certain indemnification provisions therein); approving an Agency Agreement between the Corporation and the City with respect to a 911 Dispatch Center to be used for City purposes; approving the issuance of Lease Revenue Bonds of the Corporation; approving a continuing Disclosure Agreement relating to said bonds; approving the circulation, execution and delivery of an Official Statement relating to said bonds; and providing for the execution of documents in connection with and ratifying previous actions taken in connection with the foregoing matters. (Department of Administrative Services) File 170-96-10, Ordinance No. 65-97 Finally passed. [Combined Emergency Communications Center] Ordinance selecting and setting aside certain real property at 1003 Turk Street in the Margaret S. Hayward Playground, Assessor's Block 759, Lot 1, consisting of the following: (1) a subsurface 10-foot wide sewer line to service the new Combined Emergency Communications Center ("CECC"); (2) an emergency ingress and egress right-of-way to and from Octavia Street; and (3) an aerial encroachment area over the southern boundary of the property on which the new CECC shall be constructed; and amending Section 6 of Ordinance No. 80-96 to provide an elevation adjustment to allow for the construction of the underground parking structure for CECC. (Department of Administrative Services) File 216-95-1.2, Ordinance No. 54-97 Finally passed. [Emergency Response Fee Amendments] Ordinance amending Municipal Code, Part III, Article 10A, to increase the estimate of total project costs from $57,851,000 to $67,153,821 and to increase the cap on project costs eligible to be paid from Emergency Response Revenues from $49 million to $60 million. (City Attorney) File 127-97-1, Ordinance No. 79-97 (Amends Sections 751, 752 and 756.) Finally passed. [Appropriation, Department of Telecommunications] Ordinance appropriating $17,680,000, Department of Telecommunications, of Lease Revenue Bond proceeds for the construction of a Combined Emergency Communications Center (CECC), and to provide the Department of Administrative Services, City Attorney and Controller with costs of issuance for fiscal year 1996-97; placing the funds on reserve; companion measure to Files 170-96-10, 216-95-1.2, 127-97-1. (Controller) File 101-96-41, Ordinance No. 57-97 Finally passed. [Open Space, Bayview Hill] Ordinance authorizing purchase of a portion of Assessor's Block 4991, Lots 29, 31, 32, 33, 34, 38 and 44 consisting of 15.884 acres on Bayview Hill for open space for $2,600,000. Sponsor Supervisor Bierman. File 84-97-1.1, Ordinance No. 78-97 Finally passed. Adopted [SDI Coverage, Classification 1683] Resolution authorizing enrollment of classification 1683 Budget and Fiscal Operations Manager in the State Disability Insurance Program. (Department of Human Resources) File 89-97-1, Resolution No. 177-97 Adopted. Recommendations of Housing and Neighborhood Services Finally Passed [Changing Width of Sidewalk, Division Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the width of sidewalks" by adding thereto Section No. 1535 changing the official sidewalk width on the south side of Division Street between Florida Street and Bryant Street, as shown on the Department of Public Works drawing labeled Q-20-474 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-15, Ordinance No.55-97 Finally passed. [Sidewalk Width Regulations, Market Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1536 changing the official sidewalk width on the south side of Market Street northeasterly of 7th Street, as shown on the Department of Public Works drawing labeled Q-20-467 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-97-1, Ordinance No. 66-97 Finally passed. Recommendations of Rules Committee Finally Passed [Conflict of Interest Code] Ordinance amending Administrative Code, to add, delete, and change the titles of designated officials and employees, to reflect organizational and staffing changes made by the City since the conflict of interest was last reviewed; to refine the disclosure requirements applicable to some designated officials and employees; and to incorporate the new departments and new department names created by the 1996 Charter. (City Attorney) File 97-96-66, Ordinance No. 56-97 (Amends Sections 58.6, 58.7, 58.110, 58.115, 58.130, 58.135, 58.145, 58.150, 58.155, 58.165, 58.180, 58.195, 58.198, 58.202, 58.210, 58.220, 58.245, 58.275, 58.280, 58.285, 58.290, 58.310, 58.320, 58.323, 58.325, 58.350, 58.357, 58.370, 58.382, 58.383, and 58.390; adds Sections 58.150, 58.198, and 58.201; and deletes Section 58.355.) Finally passed. [Connor v. CCSF et al.] Ordinance authorizing settlement of the litigation of Connor v. City and County, et al., whereby City vacates portion of public street, accepts quitclaim deed from plaintiff and City grants easement to plaintiff. (Real Estate Department) File 45-97-1, Ordinance No. 67-97 (Superior Court No. 971-879.) Finally passed. [Summary Street Vacation, Hickory Street] Ordinance ordering summary street vacation of portions of Hickory Street located between Webster and Buchanan Streets; companion measure to File 45-97-1. (Real Estate Department) File 164-97-1, Ordinance No. 80-97 Finally passed. [Grove v. CCSF, et al.] Ordinance authorizing settlement of litigation in the matter entitled Grove v. City and County by payment of $281,500 or alternatively, $225,000. (City Attorney) File 45-97-5, Ordinance No. 68-97 (Superior Court No. 970-196.) Finally passed. [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 by payment of $275,000. (City Attorney) File 45-97-6, Ordinance No. 69-97 (Superior Court No. 977-255.) Finally passed. [San Coc Duong v. CCSF et al.] Ordinance authorizing settlement of litigation of San Coc Duong against the City and County by payment of $9,382. (City Attorney) File 45-97-7, Ordinance No. 70-97 (Superior Court No. 966-554.) Finally passed. [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 by payment of $7,500. (City Attorney) File 45-97-8, Ordinance No. 71-97 (Municipal Court No. 125-870.) Finally passed. [Hadley Auto Transport, Inc. v. CCSF et al.] Ordinance authorizing settlement of litigation of Hadley Auto Transport, Inc. against the City and County by payment of $48,360.53. (City Attorney) File 45-97-9, Ordinance No. 72-97 (Superior Court No. 974-590.) Finally passed. [Marga Myers et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Marga Myers against the City and County by payment of $10,000. (City Attorney) File 45-97-10, Ordinance No. 73-97 (Superior Court No. 980-293.) Finally passed. [Yvette Jordan-Batiste v. CCSF et al.] Ordinance authorizing settlement of litigation of Yvette Jordan-Batiste against the City and County by payment of $12,500. (City Attorney) File 45-97-11, Ordinance No. 74-97 (Superior Court No. 977-102.) Finally passed. [Baeza v. CCSF et al.] Ordinance authorizing settlement of the litigation of Baeza v. City and County, 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. (City Attorney) File 45-97-12, Ordinance No. 75-97 (USDC Case No. C-93-3130 DLJ, Case No. C-96-1240 DLJ, Consolidated.) Finally passed. [Morene Meek v. CCSF et al.] Ordinance authorizing settlement of litigation of Morene Meek against the City and County by payment of $6,500. (City Attorney) File 45-97-13, Ordinance No. 76-97 (Superior Court No. 970-243.) Finally passed. [CCSF v. Pierre Merkl and David Baross] Ordinance authorizing settlement of litigation by the City and County against Pierre Merkl and David Baross by accepting the payment of $22,000. (City Attorney) File 46-97-1, Ordinance No. 77-97 (Superior Court No. 972-405.) Finally passed. Recommendations of Health, Family and Environment Committee Adopted [Award-Private] 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) File 146-97-1, Resolution No. 179-97 Adopted. [State Grant, Mentoring Children/Youth at High Risk] 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) File 146-97-2, Resolution No. 180-97 Adopted. [State Grant, Juvenile Probation] Resolution authorizing the 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) File 214-97-1, Resolution No. 163-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. REGULAR CALENDAR NEW BUSINESS Recommendations of Finance Committee Passed for Second Reading [Appropriation, Recreation and Park Department] Ordinance appropriating $100,000, Recreation and Park Department, from a General Fund Reserve, for an integrated pesticide plan for training, materials and supplies, equipment and services of other department for fiscal year 1996-97. Sponsors Supervisors Leal, Teng. File 101-96-33, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Appropriation, Department of Public Health] Ordinance appropriating $62,310, Department of Public Health, of new State tobacco tax revenues and reallocating $802,138 between various community health services and San Francisco general tobacco tax appropriations to reflect current expenditure plans, including $229,744 appropriation of tobacco tax revenues for fringe benefits at San Francisco General Hospital for fiscal year 1996-97. (Controller) File 101-96-42, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. [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. (Controller) File 101-96-45, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. [Amendment to MOU, Local 261] Ordinance amending Ordinance No. 172-96 to correct clerical errors and omissions to the provisions of the Memorandum of Understanding between the Laborers International Union of North America, Local 261 and the City and County for the period July 1, 1996 through June 30, 1997. (Department of Human Resources) File 93-96-14.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. Adopted [Cooperative Agreement - Mitigation Measures - SFIA] Resolution approving the Biological Opinion Cooperative Agreement between the Airport, the California Department of Transportation, and the Federal Highway Administration (concerning certain mitigation measures regarding impacts of construction project on endangered and threatened species on the adjacent West-of-Bayshore property). (Airport Commission) File 27-97-1, Resolution No. 174-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. [Emergency, Connection of UAL/Co-Gen to Station BA] Resolution approving declaration of emergency, electrical connection of United Airlines electrical co-generation station to the Airport's Station BA, San Francisco International Airport. (Airport) File 27-97-2, Resolution No. 175-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. [Lease of Property at 899 Bryant Street] Resolution authorizing a lease of real property at 899 Bryant Street, for the Department of Parking and Traffic Enforcement Division (administrative offices, dispatch, locker rooms, childcare, and assembly area for the Parking Control Officers (PCOs). (Real Estate Department) File 64-97-1, Resolution No. 176-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. Recommendations of Health, Family and Environment Committee Adopted [Juvenile Justice Coordinating Council] Resolution establishing a multiagency juvenile justice coordinating council to develop a local action plan to provide a continuum of responses to juvenile crime and delinquency; rescinding Resolution No. 1004-96. (Mayor) File 214-96-4.1, Resolution No. 170-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. [Agreement, CCSF/HHL Financial Services, Inc.] Resolution authorizing the Director of Public Health and the Purchaser to execute a contract between the City and County and HHL Financial Services, Inc. to provide uncompensated care recovery services; retroactive to January 1, 1997. (Department of Public Health) File 172-97-3, Resolution No. 181-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Patricia Vaughey, Carlton Goodlett, liquor licenses; Reuben D. Goodman, crime issue; Leboriae P. Smoore, police brutality, African and poor people; Mira Ingram, Ambassador Hotel; Franklin Devore, Ambassador Hotel; George R. Williams, combined emergency center, paramedics. 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. Severed From For Adoption Without Committee Reference Calendar Supervisor Medina requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Appointment, California Coastal Commission] Resolution urging the Senate Rules Committee to appoint San Francisco Supervisor Jose Medina ((Leslie Katz)) as the North Coast elected representative to the California Coastal Commission. Sponsor Supervisor Kaufman. File 92-97-5, Resolution No. 178-97 (February 18, 1997 - Introduced in Board for consideration on February 24, 1997.) Supervisor Medina Excused from Voting The Clerk announced that Supervisor Medina requested to be excused from voting because of a possible conflict of interest. Supervisor Yaki, seconded by Supervisor Teng, moved to excuse Supervisor Medina from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Katz, Leal - 2. Supervisor Kaufman, seconded by Supervisor Ammiano, moved to amend by replacing "Leslie Katz" with "Jose Medina" wherever it appears in the legislation and amend line 12 by replacing "her" with "his". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Newsom, Teng, Yaki, Yee - 8. Excused: Supervisor Medina - 1. Absent: Supervisors Katz, Leal - 2. The roll was then called on the pending resolution and it was adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Newsom, Teng, Yaki, Yee - 8. Excused: Supervisor Medina - 1. Absent: Supervisors Katz, Leal - 2. Severed From For Adoption Without Committee Reference Calendar Supervisor Kaufman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Management Audit, San Francisco Zoo] Motion directing the Board of Supervisors' Budget Analyst to conduct a priority fiscal and management audit of the San Francisco Zoo. Sponsors Supervisors Ammiano, Yee, Leal, Katz, Newsom, Teng. File 165-97-3 (February 18, 1997 - Introduced in Board for consideration on February 24, 1997.) At the request of Supervisor Kaufman, referred to Finance Committee. In connection with the above item, Supervisors Newsom and Teng requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Juvenile Crime Enforcement Grant Program] Resolution amending Resolution No. 1003-96 to authorize the Juvenile Probation Department to apply for up to $3,150,000, instead of $2,150,000 in grants from the State Board of Corrections under the Juvenile Enforcement and Accountability Challenge Grant Program. Sponsors Supervisors Yaki, Leal. File 214-96-3.1, Resolution No. 169-97 (February 18, 1997 - Introduced in Board for consideration on February 24, 1997.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Federal Legislation] Resolution declaring support for the reintroduction of the Jobs Creation and Infrastructure Restoration Act of 1997 by Congressman Matthew Martinez, in response to the emergency situation created by the attack on welfare and unemployment crisis. Sponsor Supervisor Ammiano, Teng, Bierman, Yaki. File 13-97-4, Resolution No. 173-97 (February 18, 1997 - Introduced in Board for consideration on February 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, and Yaki requested to be added as co-sponsors. [December Winter Storm of 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 storms. Sponsors Supervisors Kaufman, Teng. File 270-97-1.3 (February 18, 1997 - Introduced in Board for consideration on February 24, 1997.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Extending Planning Commission Review Period] Resolution extending the prescribed time within which the Planning Commission may render its decision on proposed ordinance to amend the Planning Code with respect to the sale of motor vehicle fuel concurrent with alcoholic beverages. Sponsors Supervisors Bierman, Leal. File 115-96-15.1, Resolution No. 168-97 (February 19, 1997 - Referred to Board for consideration on February 24, 1997.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Commend SAALSA Scholars] Resolution commending the link between the James Denman Middle School and the University of San Francisco and the resulting "Supporting Academic Aspirations in Latino Students, Achievement" (SAALSA) Program. Sponsors Supervisors Medina, Yaki, Teng, Leal, Bierman. File 6-97-23, Resolution No. 172-97 (February 19, 1997 - Referred to Board for consideration on February 24, 1997.) Adopted. In connection with the above item, Supervisors Yaki, Teng, Leal, and Bierman requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Katz, Leal - 2. 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 Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Katz, Leal - 2. [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 Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Katz, Leal - 2. [Imperative Resolution] Adopted [Proclaim Maria Monet Day] Resolution making February 26th Maria Monet Day. File 004-97-006, Resolution No. 171-97 Supervisors Katz, Leal, Kaufman, Teng, Brown, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Katz - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee Ordinance amending Administrative Code Section 10.11-1 to authorize all officers, boards, commissions and departments of the City and County to accept credit, debit and ATM cards for the payment of fees, taxes or other charges, and to delete direct authorization for the Department of Public Health, Art Commission, Library Department, Recreation and Park Commission, Parking and Traffic Commission, Department of Animal Care and Control and the Treasurer/Tax Collector to accept payment by credit, debit or ATM cards. Supervisor Kaufman presented. Referred to Finance Committee. File 097-97-009. [Community-Quality Enterprises] Ordinance amending Health Code by adding Sections 470 through 470.11 and amending Part III of the Municipal Code by adding Sections 178 and 249.16 to create a permit procedure requiring the Department of Public Health to regulate community-quality enterprises, including food product and marketing establishments and bars, to ensure that these enterprises comply with community-quality performance standards and do not cause, engage in, or contribute to nuisance activity in the community, and to authorize the Director of Public Health to suspend, revoke or impose conditions of operation for violations of community-quality performance standards. Supervisors Leal, Kaufman presented. Referred to Health, Family and Environment Committee. File 118-97-002. Referred to Board [Long Term Care Pilot Project Task Force] Resolution amending Resolution No. 1024-96 which created a Long Term Care Pilot Project Task Force, by adding an additional member to represent labor (increases total membership to 27). Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 174-96-004.01. [Proclaim National Women's History Month] Resolution recognizing the month of March as National Women's History Month and commending Sisterhood of Levi Strauss & Company for their work in bringing awareness of the contributions of women. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 004-97-007. [Proclaim Festival of Chinese Cuisine Day] Resolution proclaiming March 1, 1997 as "The San Francisco International Festival of Chinese Cuisine Day". Supervisors Teng, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 004-97-008. [Commend Asian American Film Festival Week] Resolution commemorating the 15th San Francisco International Asian American Film Festival 97 and declaring March 6, 1997 through March 13, 1997 as "International Asian American Film Festival Week" in San Francisco. Supervisors Teng, Yaki, Katz, Newsom, Yee, Kaufman, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 006-97-024. [Commend Retired Senior Volunteer Program] Resolution commending the Retired Senior Volunteer Program on their 24th Anniversary. Supervisors Teng, Yaki, Katz, Newsom, Yee, Kaufman, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 006-97-025. [Commend Ong Ko Met Benevolent Association] Resolution commending Ong Ko Met Benevolent Association for their commitment to the Chinese American Community and declaring March 1, 1997 as "Ong Ko Met Benevolent Association Day" in San Francisco. Supervisors Teng, Katz, Yaki, Newsom, Yee, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 006-97-026. [Bammies Walk of Fame, Gift Acceptance] Resolution designating the public right of way fronting the Bill Graham Civic Auditorium along Grove Street as eligible for the installation and maintenance of commemorative plaques, pursuant to Public Works Code Section 789.2(a), in order to honor musicians and other individuals that have contributed to the musical heritage of the San Francisco Bay Area, identifying this area as the "Bammies Walk of Fame." making findings of conformity with the General Plan and consistency with the eight priority policies of Planning Code Section 101.1 and accepting the gift of installation of the plaques. Supervisors Kaufman, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 200-97-004. Requests for Hearings: [Honoring Dr. Carlton Goodlett] Hearing to consider any and all options aimed at honoring the memory of the late Dr. Carlton Goodlett. Supervisors Brown, Bierman, Medina, Ammiano, Yee presented. Referred to Economic Development, Transportation and Technology Committee. File 075-97-001. [Third Street Liquor Licenses] Hearing regarding establishments on the Third Street corridor with liquor licenses and the effects of these businesses on the local community. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee. File 223-97-007. [All Night Market] Hearing on the operation of the All Night Market located at 5190 Third Street and its impact on the health and safety of local residents and businesses. Supervisors Teng, Brown presented. Referred to Housing and Neighborhood Services Committee. File 233-97-001. [Third Street Corridor Community Policing] Hearing on the public safety issue of community policing on the Third Street corridor, including a request for beat officers to walk the Third Street corridor and the issue of enforcement of crime prevention. Supervisors Teng, Brown, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 207-97-002. [Vandalism, Burger King] Hearing to examine the incidents of vandalism against the Burger King franchise on 9th Avenue and Irving Street and what steps can be taken to improve the public safety in the area. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee. File 207-97-003. Motion: 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 Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar March 3, 1997. File 030-97-001.03. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-97-021. [Yelizaveta Bluvshteyn v. CCSF et al.] Resolution authorizing settlement of litigation of Yelizaveta Bluvshteyn against the City and County of Francisco, Muni, et al. by payment of $40,000. (Superior Court No. 976-704) (City Attorney) Referred to Rules Committee. File 045-97-022. [John Liu v. CCSF et al.] Ordinance authorizing settlement of litigation of John Liu against the City and County of San Francisco by payment of $5,500. (Superior Court No. 973-796) (City Attorney) Referred to Rules Committee. File 045-97-023. [Martin Harjani et al v. CCSF et al.] Ordinance authorizing settlement of litigation of Martin Harjani against the City and County of San Francisco by payment of $16,778.63. (Municipal Court No. 116-736) (City Attorney) Referred to Rules Committee. File 045-97-024. [State of California v. CCSF et al.] Ordinance authorizing settlement of litigation of State of California against the City and County of San Francisco by payment of $7,700. (Municipal Court No. 124-885) (City Attorney) Referred to Rules Committee. File 097-97-008. [Special Funds, Police Department] Ordinance amending the San Francisco Administrative Code by adding Section 10.117-118, establishing a special fund for equipment and maintenance of the Police Department's gymnasium at the Hall of Justice. (Police Commission) Referred to Finance Committee. File 101-96-050. [Appropriation, Fire Department] Ordinance appropriating $1,653,393, Fire Department, from the General Fund Reserve for salaries, professional services, equipment rental, other current expenses, materials and supplies, equipment purchase and services of other departments to fund the cost of transferring the Paramedic Division from Public Health to the Fire Department for fiscal year 1996-97. RO #96228. (Controller) Referred to Finance Committee. Resolutions Referred to Committee File 010-97-001. [Encroachment Permit, 1550 Sutter/Bush Streets] Resolution granting revocable permission to James E. Roberts-Obayashi Corporation to temporarily close and occupy the south sidewalk and a portion of the street on Bush Street during construction operations for the Coventry Park Project at 1550 Sutter Street. (Department of Public Works) Referred to Housing and Neighborhood Services Committee. File 010-97-002. [Encroachment Permit, 657 Turk/Elm Streets] Resolution granting revocable permission to Nielsen Dillingham Builders, Inc. to temporarily close and occupy the south sidewalk and a portion of the street area on Turk Street and the north sidewalk and a portion of the street area on Elm Street during construction operations at Tenderloin Elementary School at 657 Turk Street. (Department of Public Works) Referred to Housing and Neighborhood Services Committee. File 010-97-003. [Encroachment Permit, 455 Golden Gate Avenue] Resolution granting revocable permission to the State of California to construct canopies, cornices, awnings and various other architectural components to extend from the building facade above the sidewalk for the Hiram W. Johnson State Building at 455 Golden Gate Avenue (Block 765, Lot 3), and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works)Referred to Housing and Neighborhood Services Committee. File 027-97-003. [Airport Lease, CalTrans I-380 Property] Resolution authorizing a lease of real property at Interstate 380 Overpass and South Airport Boulevard, South San Francisco, San Mateo County, for the Airport Commission, San Francisco International Airport. (Real Estate Department) Referred to Finance Committee. File 040-97-005. [Residential Parking Area "R", Cleary Court] Resolution extending the boundaries of Residential Permit Parking Area "R" in the Cleary Court Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing/Neighborhood Services Committee. File 040-97-006. [Residential Parking Area "S", Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing/Neighborhood Services Committee. File 047-97-001. [License Agreement for Off-Street Parking] Resolution authorizing the license agreement for parking at the Community Assembly of God Church, 355 Ocean Avenue, for the Municipal Railway. (Real Estate Department) Referred to Economic Development, Transportation and Technology Committee. File 048-97-014. [Settlement of Claim, Gerald J. Gerhardt] Resolution approving the settlement of the unlitigated claim of Gerald J. Gerhardt by payment of $7,500.00. (City Attorney) Referred to Rules Committee. File 048-97-015. [Settlement of Claim, Henry Hejazi] Resolution approving the settlement of the unlitigated claim of Henry Hejazi by payment of $10,000.00. (City Attorney) Referred to Rules Committee. File 048-97-016. [Settlement of Claim, Randy Basnett] Resolution approving the settlement of the unlitigated claim of Randy Basnett by payment of $10,750. (City Attorney) Referred to Rules Committee. File 048-97-017. [Settlement, Regional Water Quality Board Complaint] Resolution approving the settlement of the State administrative penalty by payment of $300,000. (San Francisco Bay Regional Water Quality Control Board Administrative Civil Liability Complaint No. 96-145) (City Attorney) Referred to Rules Committee. File 064-97-004. [Lease of Property, LAIR Facility] Resolution authorizing a lease of property at the Letterman Army Institute of Research Facility ("LAIR") in the Presidio of San Francisco, for use by the Department of Public Health. (Real Estate Department) Referred to Health, Family and Environment Committee. File 133-97-001. [Grant Funds for Alternative Fuel Vehicles] Resolution authorizing the Director of Administrative Services to accept and expend $555,710 from the Transportation Fund for Clean Air for alternative fuel vehicles; and authorizing the Director of Administrative Services to execute an agreement with the Bay Area Air Quality Management District whereby the City would indemnify the District from claims resulting from the City's performance of said agreement. (Department of Administrative Services) Referred to Health, Family and Environment Committee. File 146-97-004. [State Grant, Oil Spill Prevention] Resolution authorizing the Department of Public Health, Bureau of Environmental Health Management, to apply for, accept and expend retroactively a grant of $7,499, which includes indirect costs in the amount of $1,150 based on twenty-two percent of salaries, from the California Department of Fish & Game, Office of Oil Spill Prevention and Response, for providing input into the San Francisco Bay/San Joaquin Delta Area Contingency Plan for oil spills and development of a Memorandum of Understanding with the State for oil spill response; providing for ratification of action previously taken. (Department of Public Health) Referred to Health, Family and Environment Committee. File 192-97-003. [State Grant, Cesar Chavez Street Improvements] Resolution authorizing the Executive Director of the Department of Parking and Traffic to apply for, accept, and expend up to $570,000 in State Flexible Congestion Relief funds for the engineering design of a bicycle bridge within the Cesar Chavez Street Circle (formerly Army Street Circle) at US 101, the widening of an existing bicycle/pedestrian pathway, pedestrian ramps, a new traffic signal at the intersection of Cesar Chavez Street and Connecticut Street, and sidewalk improvement along the south side of Cesar Chavez Street, from Evans Avenue to Mississippi Street; reimbursement of indirect costs will apply. (Department of Parking and Traffic) Referred to Economic Development, Transportation and Technology. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisors Teng, Bierman, that letters be sent to Director of Planning and Chief of Police requesting a list of all of the Alcoholic Beverage Special Use Districts in San Francisco, including the boundaries, specific controls and length of control and a list of all areas of oversaturation (number of alcoholic beverage licenses exceeding the allowable number and crimes which are 20 percent above the city-wide average) in the City, specified by Census Tract numbers and police plot numbers. By Supervisors Yaki, Bierman, that letter be sent to General Manager, Recreation and Park Department, requesting report on the beating of a youth at a Recreation and Park Department sponsored game at the Oceanview Recreation Center, including what response, if any, has been given to the parents of the boy who suffered the worst beating, as well as a report detailing security efforts at night games sponsored by the Recreation and Park Department. By Supervisor Brown, that City Attorney review the Kansas City precedent for the purpose of adoption in San Francisco to create new opportunities for youth employment through capital improvement projects. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Leo Rooney Sponsor Supervisor Bierman. File 2-97-8 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 2:57 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