Board of Supervisors Minutes: March 24, 1997

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, March 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 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Noted absent at first roll call: Supervisors Bierman, Katz - 2. Quorum present. Supervisor Bierman was noted present at 2:12 p.m. Supervisor Katz was noted present at 2:10 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Teng, moved that the Journals of Proceedings for Tuesday, January 21 and Monday, January 27, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Medina, Newsom, Leal, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. SPECIAL ORDER 2:00 P.M. COMMITTEE REPORT Recommendations of Finance Committee Adopted [Rebuttal Argument to Proposition A] Motion authorizing rebuttal argument to opponent's ballot argument against Proposition A, a bond measure concerning education facilities. Sponsor Supervisor Teng. File 60-97-2.5. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. [Rebuttal Argument to Proposition B] Motion authorizing rebuttal to opponent's ballot argument against Proposition B, a bond measure concerning cultural facilities. Sponsor Supervisor Kaufman. File 60-97-2.4. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. [Rebuttal Argument to Proposition C] Motion authorizing rebuttal to opponent's ballot argument against Proposition C, a bond measure concerning zoo facilities. Sponsor Supervisor Yaki. File 60-97-2.6. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. [Rebuttal Argument to Proposition D] Motion authorizing rebuttal argument to opponent's ballot argument against Proposition D, a lease-financing bond measure concerning football stadium. Sponsor Supervisor Brown. File 60-97-3.3. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. [Rebuttal Argument, Proposition E] Motion authorizing rebuttal argument to opponent's ballot argument against Proposition E, a charter amendment concerning public utilities commission revenue uses. Sponsor Supervisor Kaufman. File 280-96-3. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. CONSENT CALENDAR Recommendations of Finance Committee Finally Passed [Appropriation, Parking and Traffic Dept.] Ordinance appropriating $100,000, Parking and Traffic Department, of Traffic Fines Revenue to other current expenses for the cost of the Red Light Camera Enforcement Pilot Project for fiscal year 1996-97; providing for ratification of action previously taken. Sponsors Supervisors Leal, Teng. File 101-96-48, Ordinance No. 100-97 (Fiscal Impact.) Finally passed. [Special Funds, Police Department] Ordinance amending Administrative Code, establishing a special fund for equipment and maintenance of the police gymnasium at the Hall of Justice. (Police Department) File 97-97-8, Ordinance No. 112-97 (Adds Section 10.117-118.) Finally passed. [Credit Card Payment] Ordinance amending Administrative Code, 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 card. Sponsors Supervisors Kaufman, Bierman, Teng. File 97-97-9, Ordinance No. 113-97 (Amends Section 10.11-1.) Finally passed. [Birth Certificate Fees] Ordinance amending Part III, Article 2, Municipal Code (License Fees) 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) File 127-97-2, Ordinance No. 118-97 (Fiscal Impact.) (Adds Section 249.16.) Finally passed. Recommendations of Rules Committee Finally Passed [Robinson Construction Company v. CCSF] Ordinance authorizing settlement of litigation of Robinson Construction Company against the City and County by payment of $996,747.69. (City Attorney) File 45-97-20, Ordinance No. 103-97 (Santa Clara County Superior Court Case No. CV760245.) Finally passed. [Yelizaveta Bluvshteyn v. CCSF, et al.] Ordinance authorizing settlement of litigation of Yelizaveta Bluvshteyn against the City and County, Muni, et al. by payment of $40,000. (City Attorney) File 45-97-21, Ordinance No. 104-97 (Superior Court No. 976-704.) Finally passed. [John Liu v. CCSF, et al.] Ordinance authorizing settlement of litigation of John Liu against the City and County by payment of $5,500. (City Attorney) File 45-97-22, Ordinance No. 105-97 (Superior Court No. 973-796.) Finally passed. [Martin Harjani v. CCSF, et al.] Ordinance authorizing settlement of litigation of Martin Harjani against the City and County by payment of $16,778.63. (City Attorney) File 45-97-23, Ordinance No. 106-97 (Municipal Court No. 116-736.) Finally passed. [State of California v. CCSF, et al.] Ordinance authorizing settlement of litigation of State of California against the City and County by payment of $7,700. (City Attorney) File 45-97-24, Ordinance No. 107-97 (Municipal Court No. 124-885.) Finally passed. [Loretia Yan v. CCSF, et al.] Ordinance authorizing settlement of litigation of Loretia Yan against the City and County by payment of $30,000. (City Attorney) File 45-97-25, Ordinance No. 108-97 (Superior Court No. 976-294.) Finally passed. [Marvin Woodside v. CCSF, et al.] Ordinance authorizing settlement of litigation of Marvin Woodside v. City and County, et al. (San Francisco General Hospital), by payment of $32,500. (City Attorney) File 45-97-26, Ordinance No. 99-97 (Superior Court No. 978-454.) Finally passed. [CCSF v. General Engineering and Machine Works] Ordinance authorizing settlement of litigation in City and County of San Francisco v. General Engineering and Machine Works, by accepting payment to Laguna Honda Hospital of $75,000. (City Attorney) File 46-97-4, Ordinance No. 109-97 (Superior Court No. 972-391.) Finally passed. [Pleasant Hill Cremation Cases] Ordinance authorizing partial settlement against certain defendants in a class action entitled In Re: Pleasant Hill Cremation Cases, with payment of a total of $3,380,000 for administrative and litigation costs, attorney's fees, maintenance of a memorial, and payment of claims submitted by class members. (Also see File 46-95-4.) (City Attorney) File 46-97-5, Ordinance No. 110-97 (Superior Court No. 943-703.) Finally passed. [Time for Award of Contracts] Ordinance amending Administrative Code, to provide for additional time for awarding contracts let by the Public Utilities Commission; the provisions of this ordinance shall expire on June 30, 1998. (Public Utilities Commission) File 97-97-1, Ordinance No. 111-97 (Amends Section 6.1-1.) Finally passed. Recommendations of Housing and Neighborhood Services Committee Finally Passed [Sidewalk Width Regulations, Jack London Alley] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1539 changing the official width of sidewalk on the southwesterly side of Jack London Alley between South Park and Varney Place, as shown on the Department of Public Works drawing labeled Q-20-472 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-97-4, Ordinance No. 102-97 Finally passed. [Commercial Vehicle/Transit Area, Sansome Street] Ordinance amending the Traffic Code, establishing an exclusive commercial vehicle/transit area on Sansome Street between Washington Street and Bush Street. (Department of Parking and Traffic) File 124-97-2, Ordinance No. 117-97 (Adds Section 31.6.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Finance Committee Finally Passed [Appropriation, Medical Examiner/Coroner] Ordinance appropriating $22,063, Medical Examiner/Coroner, of Jail Overcrowding Fine Revenue to professional services, materials and supplies, equipment purchase and maintenance for a DUI (driving under influence) Testing Program for fiscal year 1996-97; placing $22,063 on reserve. (Controller) File 101-96-49, Ordinance No. 101-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Bierman, Katz - 2. Consideration Continued [Public Health License Fees] Ordinance amending Health Code, relating to license and reinspection fees for the Department of Public Health. (Department of Public Health) File 118-96-8, Ordinance No. (Amends Sections 258, 451 and 609.) Supervisor Newsom, seconded by Supervisor Teng, moved to continue consideration to April 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Public Health License Fees] Ordinance amending Part III of the Municipal Code (Revenue and Finance), relating to fees for licenses or permits for inspections by the Department of Public Health; companion measure to File 118-96-8. (Department of Public Health) File 127-96-10, Ordinance No. (Amends Sections 35, 120, 248, 249.1, 249.7 and 249.13.) Supervisor Newsom, seconded by Supervisor Teng, moved to continue consideration to April 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. From the Board Finally Passed [Amendment to Rincon Point-South Beach Redevelopment Plan] Ordinance amending Ordinance No. 14-81, amended by Ordinance No. 50-84, amended by Ordinance No. 405-91, amended by Ordinance No. 137-92, amended by Ordinance No. 270-92, amended by Ordinance No. 430-94, approving the Redevelopment Plan for the Rincon Point-South Beach Redevelopment Project Area by amending said plan to expand the project area by adding land to the Rincon Point Sub-Area of the Project Area, specifically Lot 33 of Assessor Block 3741. Sponsor Supervisor Yaki. File 151-97-1.2, Ordinance No. 119-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. NEW BUSINESS Recommendations of Finance Committee Adopted [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) File 10-97-1, Resolution No. 241-97 (Fiscal Impact.) (March 13, 1997 - Transferred from Housing and Neighborhood Services Committee.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Encroachment Permit, 657 Turk/Elm Streets] Resolution granting revocable permission to Nielsen Dillingham Buildings, 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) File 10-97-2, Resolution No. 242-97 (Fiscal Impact.) (March 13, 1997 - Transferred from Housing and Neighborhood Services Committee.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Negative Declaration, Sale of Property] Resolution confirming review and consideration of Final Negative Declaration prepared pursuant to the California Environmental Quality Act for the sale to the San Francisco Redevelopment Agency of a portion of Steuart and Spear Streets and described generally as a portion of Lot 33, Assessor's Block 3741. Sponsor Supervisor Yaki. File 96-97-1, Resolution No. 262-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Property Sale, Steuart/Spear Streets] Resolution approving and authorizing an agreement with the Redevelopment Agency for the sale directly to the Agency of certain real property formerly occupied by the Embarcadero Freeway between Steuart and Spear Streets described generally as a portion of Lot 33, Assessor's Block 3741, for a sales price of $4,000,000, and for the purpose of enabling the Agency to convey such property for development of a headquarters building under an existing disposition and development agreement between the Agency and The Gap, Inc.; and adopting findings that the sale is consistent with the City's General Plan and eight priority policies of City Planning Code Section 101.1; companion measure to File 96-97-1. Sponsor Supervisor Yaki. File 96-97-1.1, Resolution No. 263-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Bond Document] Resolution authorizing execution of a consent to the developer loan assignment and assumption agreement relating to the Housing Authority Variable Rate Demand Multifamily Housing Revenue Bonds, 1985 Series D (737 Post Project); and ratifying actions previously taken. (Mayor's Office of Housing) File 170-97-1, Resolution No. 269-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Recommendations of Economic Development, Transportation and Technology Committee Adopted as Amended [Carlton Goodlett Place] ((Resolution expressing the support of the Board of Supervisors to change the San Francisco City Hall address from Polk Street, between Grove and McAllister Streets, to Carlton Goodlett Place.)) Sponsors Supervisors Brown, Yaki, Bierman, Teng, Ammiano, Newsom, Yee, Katz, Kaufman, Medina, Leal. Resolution honoring Dr. Carlton B. Goodlett by changing the City Hall address to 1 Dr. Carlton B. Goodlett Place and changing the name of Polk Street, between Grove and McAllister, to Dr. Carlton B. Goodlett Place. File 75-97-1.1, Resolution No. 259-97 Supervisor Brown, seconded by Supervisor Yaki, moved an amendment of the whole entitled, "Resolution honoring Dr. Carlton B. Goodlett by changing the City Hall address to 1 Dr. Carlton B. Goodlett Place and changing the name of Polk Street, between Grove and McAllister, to Dr. Carlton B. Goodlett Place." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Adopted [Redevelopment Agency] Resolution approving and adopting procedures in the Articles of formation for a Redevelopment Project Area Committee for the South of Market Redevelopment Project. Sponsor Supervisor Bierman. File 161-97-3, Resolution No. 268-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [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. (Department of Parking and Traffic) File 192-97-3, Resolution No. 273-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Recommendation of Joint Economic Development, Transportation and Technology and Housing and Neighborhood Services Committee Passed for Second Reading [Turn Restrictions, Bicycles and Motorcycles] Ordinance amending Traffic Code, regarding the exemption of bicycles and motorcycles from turn restrictions. (Department of Parking and Traffic) File 124-96-9, Ordinance No. (Adds Section 34.2 et seq.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. Recommendations of Health, Family and Environment Committee Adopted [Domestic Violence Protocol] Resolution endorsing the San Francisco Domestic Violence Protocol, which establishes guidelines for health care professionals for response to domestic violence in order to improve the quality of care given to domestic violence patients, and encouraging all public and private health care providers to adopt and implement it as soon as possible. Sponsors Supervisors Kaufman, Leal, Katz, Brown, Bierman, Ammiano, Teng, Yaki, Medina. File 30-96-22, Resolution No. 232-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. In connection with the above item, Supervisors Teng, Yaki, Medina requested to be added as co-sponsors. The President resumed the Chair. [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) File 133-97-1, Resolution No. 264-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [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, 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) File 146-97-4, Resolution No. 265-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. [Hazardous Materials Emergency Response Equipment] Resolution rescinding Resolution No. 74-97 and authorizing the Department of Public Health, Bureau of Environmental Health, to retroactively apply for, accept and expend a grant from the California Environmental Protection Agency, Department of Toxics Substances Control, in the amount of $8,500, for hazardous materials emergency response equipment; waiving indirect costs. (Department of Public Health) File 146-97-5, Resolution No. 266-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee - 11. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Leboriae P. Smoore, Alice Griffith Projects; Frances Zander, tenant-landlord harassment issues; Jan McIssaac, police harassment; Rita Tonucci, same-sex marriage; Reuben David Goodman, community center, Dr. Goodlett; Constance Kuruppv, justice for Aaron Williams and Mark Garcia. 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 Teng requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Tibetan National Day] Resolution proclaiming March 10, 1997 to be Tibetan National Day to commemorate the Tibetan uprising on March 10, 1959. Sponsors Supervisors Ammiano, Bierman, Yaki. File 4-97-10, Resolution No. (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) At the request of Supervisor Teng, referred to Rules Committee. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. 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 [Commend Bayview Hunters Point Project Area Committee] Resolution commending The Bayview Hunters Point Project Area Committee and declaring March 17, 1997 "Bayview Hunters Point Project Area Committee Day" in San Francisco. Sponsors Supervisors Brown, Bierman, Kaufman, Newsom, Teng, Leal, Yaki, Katz. File 006-97-033, Resolution No. 234-97 (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Newsom, Teng, Leal, Yaki, Katz requested to be added as co-sponsors. [U.S. Holocaust Memorial Museum] Resolution supporting the United States Holocaust Memorial Museum's continuing inclusion of an exhibit on the treatment of homosexuals during the holocaust; supporting the Federal Government's continued funding of the museum and its programs; and opposing a boycott on visits to the museum. Sponsors Supervisors Leal, Kaufman, Katz, Bierman, Newsom, Teng, Yaki, Brown. File 013-97-006, Resolution No. 245-97 (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Newsom, Teng, Yaki, Brown requested to be added as co-sponsors. [S. 392, Public Benefits to Legal Immigrants] Resolution supporting S. 392 and urging the United States Senate to pass S. 392 to ensure legal immigrants can retire with dignity and respect. Sponsors Supervisors Teng, Brown, Bierman, Yaki, Yee, Kaufman, Katz, Leal. File 013-97-007, Resolution No. 246-97 (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Katz, Leal requested to be added as co-sponsors. [Cong. Pelosi's Citizenship Process Effort] Resolution supporting Congresswoman Nancy Pelosi's effort in expediting the citizenship process. Sponsors Supervisors Teng, Brown, Bierman, Medina, Yaki, Yee, Kaufman, Newsom, Leal, Katz. File 13-97-8, Resolution No. 247-97 (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Newsom, Leal, Katz requested to be added as co-sponsors. [Bank of America Branch Closures] Resolution urging the Bank of America to keep its branch bank at Ocean-Faxon or find a substitute financial institution to serve the neighborhood before they close the branch. Sponsors Supervisors Medina, Teng, Bierman, Yaki, Brown. File 227-97-002.01, Resolution No. 276-97 In connection with the above item, Supervisors Yaki, Brown 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 270-97-1.5 (March 17, 1997 - Introduced in Board for consideration on March 24, 1997.) Adopted. [Commend Malaco International, Inc.] Resolution commending Malaco International, Inc. for outstanding display of business leadership in the Latino community. Sponsors Supervisors Medina, Teng, Bierman, Brown. File 6-97-34, Resolution No. 235-97 (March 19, 1997 - Referred to Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, Brown requested to be added as co-sponsors. [Commend "Z" Radio Network] Resolution commending the "Z" Radio Network for outstanding display of business leadership in the Latino community. Sponsors Supervisors Medina, Teng, Bierman, Brown. File 6-97-35, Resolution No. 236-97 (March 19, 1997 - Referred to Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, Brown requested to be added as co-sponsors. [Commend A.Ruiz Construction Company] Resolution commending A. Ruiz Construction Co. for outstanding display of business leadership in the Latino community. Sponsors Supervisors Medina, Teng, Bierman, Brown. File 6-97-36, Resolution No. 237-97 (March 19, 1997 - Referred to Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, Brown requested to be added as co-sponsors. [Commend Barri Electric Co., Inc.] Resolution commending Barri Electric Co., Inc. for outstanding display of business leadership in the Latino community. Sponsors Supervisors Medina, Teng, Bierman, Brown. File 6-97-37, Resolution No. 238-97 (March 19, 1997 - Referred to Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, Brown requested to be added as co-sponsors. [Commend Pacific Marine Yachts] Resolution commending Pacific Marine Yachts for outstanding display of business leadership in the Latino community. Sponsors Supervisors Medina, Teng, Bierman, Brown. File 6-97-38, Resolution No. 239-97 (March 19, 1997 - Referred to Board for consideration on March 24, 1997.) Adopted. In connection with the above item, Supervisors Teng, Bierman, Brown requested to be added as co-sponsors. [Final Map, 1228 Grove Street] Motion approving final map of 1228 Grove Street, a Residential Condominium Project, being a subdivision of Lot 10 in Assessor's Block 1181, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works) File 58-97-4 (March 14, 1997 - Referred to Board for consideration on March 24, 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, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Kaufman - 1. 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 Leal, seconded by Supervisor Katz, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Kaufman - 1. [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 Leal, seconded by Supervisor Katz, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Kaufman - 1. [Imperative Resolutions] Adopted [Commend Martha & Bros.] Resolution commending Martha & Bros. on the occasion of the inauguration of their new Mission Street coffee house and proclaiming March 27, 1997 as Martha & Bros. Day in City and County of San Francisco. File 006-97-039, Resolution No. 240-97 Supervisors Medina, Leal, Bierman, Teng, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee - 10. Absent: Supervisor Kaufman - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Fiscal Impact] Ordinance amending Administrative Code Section 2.6-3 which requires that legislation which has a fiscal impact be reviewed by the fiscal committee of the Board of Supervisors, to amend the definition of fiscal impact to apply when an expenditure or commitment of city funds exceeds $200,000 in any fiscal year, or $1,000,000 over a five-year period. Supervisor Kaufman presented. Referred to Finance Committee. File 097-97-015. [Joint Fundraising Drive] Draft ordinance amending Administrative Code Section 16.93-2 to allow explicitly any Mayor's Fund created to further social causes to participate in the Annual Joint Fundraising Drive. Mayor Willie L. Brown, Jr. presented. Referred to Rules Committee. File 097-97-016. Referred to Board [Bike-to-Work Week] Resolution proclaiming May 19-23, 1997 as "Bike-to-Work Week in the City and County of San Francisco. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 004-97-011. [Parliamentary Law Month] Resolution proclaiming April as Parliamentary Law Month in San Francisco and commending its annual observance to all of the residents of the City and County of San Francisco. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 004-97-012. [Commend Darcus G. Thomas] Resolution commending Darcus G. Thomas as she retires from the San Francisco Public Library as Ocean View Branch Librarian, and declaring March 26, 1997 to be "Darcus G. Thomas Day" in the City and County of San Francisco. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 006-97-040. [Commend David Jamison] Resolution recognizing David Jamison for his great contributions of time and talent to the Friends of Recreation and Parks and commending him for his valuable gift of service to the City and County of San Francisco. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 006-97-041. [Supporting AB 23, 991 and 1389] Resolution supporting Assembly Bills 23, 991 and 1389, which strengthen restrictions on assault weapons. Supervisors Yee, Ammiano, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 012-97-008. Referred to Committee [Spent Nuclear Fuel Shipment] Resolution reaffirming that the Board of Supervisors encourages the Department of Energy and President Bill Clinton to reject the transport of spent nuclear fuel through San Francisco Bay for use at the Concord Naval Weapons Station. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 013-97-009. [BART/Airport Agreement] Resolution authorizing Airport Commission to deduct from the annual service payment to the City Bay Area Rapid Transit system (BART) charges owing to Airport. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 027-97-004. [Gift Acceptance] Resolution authorizing the Department of Public Works to accept a gift from JC Decaux San Francisco, Inc. of various street furniture including installation and maintenance valued in excess of five hundred thousand dollars ($500,000). Mayor Willie L. Brown, Jr. presented. Referred to Rules Committee. File 038-97-002. [Transbay Terminal Replacement Facility] Resolution indicating the Board of Supervisors' endorsement of the Main/Beale South Design Concept and Program for a replacement facility for the transbay transit terminal and urging the Mayor to take all steps necessary, with Caltrans, the Metropolitan Transportation Commission, and other parties as appropriate, to complete project planning and assure implementation of the facility and its integration with area land use and revitalization. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 085-97-002. [Appointment, County Treasury Oversight Committee] Draft resolution appointing members to the County Treasury Oversight Committee. Supervisor Kaufman presented. Referred to Rules Committee. File 092-97-010. Referred to Board [Funds, Recreation and Park Department] Resolution approving application by Recreation and Park Department to California Integrated Waste Management Board for $25,000 for rubberized playground mats for Macaulay Park. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 150-97-001. Referred to Committee [Labor Issue, Kaiser Permanente] Resolution urging that Kaiser Permanente provide the highest possible level of preventative, acute and home care; maintain the role of the registered nurses; and keep all facilities open with sufficient qualified staff to meet all the patient care needs of all Kaiser Permanente members. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 176-97-001. Referred to Board [Esprit Park] Resolution supporting the Friends of Esprit Park in their efforts to preserve Esprit Park as a publicly-owned park and urging the San Francisco Real Estate Department to work with the Trust for Public Land to seek a viable funding strategy to purchase the park. Supervisors Bierman, Ammiano, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar March 31, 1997. File 218-97-002. Hearings: [Continuum of Care Plan] Hearing to receive reports from departments on the status of "action steps" outlined in the Continuum of Care Plan and integration of the Welfare Reform Task Force. Supervisor Katz presented. Referred to Health, Family and Environment Committee. File 107-97-001. [Traffic Congestion Hot Line] Hearing to request the Department of Parking and Traffic to establish a hot line for reporting traffic congestion and delays and further requesting the traffic control officers to report to the problem area immediately. Supervisors Ammiano, Bierman, Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 190-97-006. [Gold Rush Trail] Hearing to consider requesting the Department of Parking and Traffic, Department of Planning and the Bureau of Street Use and Mapping to work with the Gold Rush Trail Foundation to establish and maintain a historical walking trail which features buildings of historic significance and traces sites relevant to 16 key themes, including arts, culture, industry, trade, women's history, ethnic diversity and others and for it to be designated as the Gold Rush Trail. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee. File 236-97-001. 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 31, 1997. File 030-97-001.05. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-97-030. [Vernon J. Moran v. CCSF, et al.] Ordinance authorizing settlement of litigation of Vernon J. Moran against the City and County of San Francisco by payment of $70,000. (Superior Court No. 963-450) (City Attorney) Referred to Rules Committee. File 097-97-013. [Repeal Commission on San Francisco's Environment] Ordinance amending San Francisco Municipal Code by repealing Article XVI, Chapter V, Part 1 (Administrative Code Sections 5.150 through 5.152), establishing the Commission on San Francisco's Environment as an advisory body to the Board of Supervisors. (Department of Environment) Referred to Rules Committee. File 101-96-052. [Appropriation, Police Department] Resolution appropriating $575,000, Police Department, of Citizens' Option for Public Safety (COPS) Program Revenue to match the COPS-MORE grant and implement a behavioral health benefits program for fiscal year 1996-97; companion measure to Files 143-97-2 and 207-97-8. RO #96247. (Controller) Referred to Finance Committee. File 101-96-053. [Appropriation, Fine Arts Museum] Ordinance appropriating $66,485, Fine Arts Museum, from Hotel Tax Revenue and rescinding $124,457 from services of other departments to appropriate $190,942 to salaries and fringe benefits to cover budget shortfall for fiscal year 1996-97. RO #96259. (Controller) Referred to Finance Committee. File 101-96-054. [Appropriation, Municipal Railway] Ordinance appropriating $372,639, Department of Public Transportation - Municipal Railway, from Fare Revenue for salaries, fringe benefits and professional services for the creation of thirty-eight (38) positions to implement Prop J audit recommendations for fiscal year 1996-97; companion measure to File 102-96-14. RO #96260. (Controller) Referred to Finance Committee. File 101-96-055. [Appropriation, Planning Department] Ordinance appropriating $295,400, Planning Department, of Planning Commission Fee Revenue for salaries, fringe benefits, other current expenses, equipment purchase, and services of other departments for the creation of nine (9) positions to expand permitting services for fiscal year 1996-97; companion measure to File 102-96-13. RO #96254. (Controller) Referred to Finance Committee. File 102-96-013. [Salary Ordinance Amendment] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97), reflecting the creation of nine (9) positions in Planning Department; companion measure to File 101-96-55. (Department of Human Resources) Referred to Finance Committee. File 102-96-014. [Salary Ordinance Amendment] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97), reflecting the creation of thirty-eight (38) positions at the Department of Public Transportation-Municipal Railway; companion measure to File 101-96-54. (Department of Human Resources) Referred to Finance Committee. Resolutions Referred to Committee File 040-97-009. [Residential Parking Area "J", Sunset/Parnassus] Resolution extending the boundaries of Residential Permit Parking Area "J" in the Sunset/Parnassus Heights 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 Committee. File 048-97-024. [Settlement of Claim, Teeana Carpenter] Resolution approving the settlement of the unlitigated claim of Teeana Carpenter by payment of $11,000.00. (City Attorney) Referred to Rules Committee. File 048-97-025. [Settlement of Claim, David Yoon] Resolution approving the settlement of the unlitigated claim of David Yoon by payment of $13,500.00. (City Attorney) Referred to Rules Committee. File 048-97-026. [Settlement of Claim, Elizabeth Klein] Resolution approving the settlement of the unlitigated claim of Elizabeth Klein by payment of $9,536.36. (City Attorney) Referred to Rules Committee. File 065-97-004. [Lease, Water Department/Cisco Systems, Inc.] Resolution authorizing a 40-year lease of Public Utilities Commission land between the City and County of San Francisco and Cisco Systems, Inc., in Santa Clara County. (Public Utilities Commission) Referred to Finance Committee. File 143-97-002. [Grant, "COPS MORE '96" Program] Resolution authorizing the Chief of Police of the City and County of San Francisco to apply for retroactively, accept and expend funds in the amount of One Million Five Hundred Fifty Eight Thousand Eight Hundred Seventeen Dollars ($1,558,717), excluding indirect costs not allowed under this program, for a project known as "COPS-MORE '96" and agreeing to provide a local match in the amount of Five Hundred Nineteen Thousand Five Hundred Seventy Three Dollars ($519,573); companion measure to Files 101-96-52 and 207-97-8. (Mayor) Referred to Finance Committee. File 152-97-002. [Standards and Training, Local Corrections] Resolution authorizing the Sheriff's Department, Adult Probation Department and Juvenile Probation Department of the City and County of San Francisco to apply for, retroactively, accept and expend $329,250.00 in funds from the State of California Board of Corrections for the Standards and Training of Local Corrections and Probation Officers Programs; stipulating adherence to standards for recruitment and training established by the Board of Corrections, waiving any indirect costs. (Sheriff) Referred to Housing and Neighborhood Services Committee. File 207-97-008. [Police Behavioral Health Benefits Insurance] Resolution authorizing the San Francisco Police Department to obtain behavioral health benefits insurance coverage for its members; companion measure to Files 101-96-52 and 143-97-2. (Mayor) Referred to Finance Committee. File 213-97-001. [Grants - Federal, State Regional/Local Funds] Resolution authorizing the Public Transportation Commission to retroactively apply for, accept and expend $107,060,210 of Federal Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Section 3, and Section 9 Operating and Capital Assistance, and $991,378 of State Transit Capital Improvement Funds, State Traffic Systems Management Funds, State-Local Partnership Program and $27,513,505 from various local match sources such as from State Transit Assistance Funds, Transportation Development Act Funds, Bridge Toll Net Revenues, Regional Measure One Funds, Gas Tax Revenues, Transit Impact Development Fees, San Francisco Municipal Railway Improvement Corporation Funds, and/or San Francisco County Transportation sales taxes for ten Municipal Railway capital projects, including $1,001,414 of indirect costs. (Municipal Railway) Referred to Economic Development, Transportation and Technology Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yaki, that City Attorney prepare ordinance amending the Redevelopment Plan to provide for the inclusion of an exaction to create an employment training and employment development fund. The language should parallel the language amending the Redevelopment Plan to include the goals and policies of Planning Code Section 314 (child-care requirements for office and hotel development projects) and to extend its application to further include large retail projects. For purpose of introduction, the fee shall be $1.00 per gross square foot of space, calculated by using the same formula delineated in Planning Code Section 314. The final amount, however, will be determined through consultation with employers and job training organizations. By Supervisor Ammiano, that letter be sent to the Director of Planning requesting he meet with regional representatives of fast food franchises (i.e., Burger King) to determine what their plans for expansion are in San Francisco. By Supervisor Katz, that letter of inquiry be sent to the Tax Collector to determine the revenue generated by businesses in the Oceanside/Merced/Ingleside neighborhood. By Supervisor Katz, that City Attorney draft ordinance to encourage or require City departments to undertake programs to provide on-the-job training to AFDC recipients. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Jess T. Esteva (By the entire Board) Nira Long Sponsor Supervisor Brown. Laurel Cockran Sponsor Supervisor Newsom. File 2-97-12 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:49 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