Board of Supervisors Minutes: June 30, 1997

* The word 'Sponsor' has been added to facilitate searches. JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, June 30, 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, Bierman, Kaufman, Medina, Newsom, Yaki, Yee - 7. Noted absent at first roll call: Supervisors Brown, Katz, Leal, Teng - 4. Quorum present. Supervisor Brown was noted present at 2:03 p.m. Supervisor Katz was noted present at 2:05 p.m. Supervisor Leal was noted present at 2:03 p.m. Supervisor Teng excused. (See Journal of Proceedings of June 23, 1997.) APPROVAL OF JOURNAL There being no errors, corrections or omissions, Supervisor Medina, seconded by Supervisor Yaki, moved that the Journal of Proceedings for Monday, April 7, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Leal, Yaki, Yee - 9. Absent: Supervisors Katz, Teng - 2. CONSENT CALENDAR Severed from Consent Calendar Supervisor Katz requested that the following measure be severed from the Consent Calendar and considered separately. Recommendation of Finance Committee Passed for Second Reading as Amended [Nondiscrimination, Contract, Property Contract] Ordinance amending Administrative Code Sections 12B.1, 12B.2, 12B.4, 12B.5-1, ((12C.5-1 and)) 12B.6, 12C.1, 12C.3, 12C.5-1 and 12C.6 to amend the definition of "contract" under Chapter 12B to exclude from the scope of Chapter 12B those contracts entered into after June 1, 1997 pursuant to settlement of legal proceedings; and contracts for urgent litigation expenses; to include "property contracts" in subsections (A)(2) and (D) of Sections 12B.5-1 and 12C.5-1; to provide for waiver of Chapter 12B and 12C by the Director of Human Rights Commission for specialized litigation requirements; to clarify the geographic application of Chapters 12B and 12C; and to amend Sections 12B.6 and 12C.6 to clarify the proper construction of Chapter 12B in relation to Federal or State laws. Sponsors Supervisors Katz, Ammiano, Leal, Bierman. File 97-97-21.1, Ordinance No. Supervisor Katz, seconded by Supervisor Yee, moved an amendment of the whole entitled, "Ordinance amending Administrative Code Sections 12B.1, 12B.2, 12B.4, 12B.5-1, 12C.5-1, 12B.6, 12C.1, 12C.3, 12C.5-1 and 12C.6 to amend the definition of "contract" under Chapter 12B to exclude from the scope of Chapter 12B those contracts entered into after June 1, 1997 pursuant to settlement of legal proceedings; and contracts for urgent litigation expenses; to include "property contracts" in subsections (A)(2) and (D) of Sections 12B.5-1 and 12C.5-1; to provide for waiver of Chapter 12B and 12C by the Director of Human Rights Commission for specialized litigation requirements; to clarify the geographic application of Chapters 12B and 12C; and to amend Sections 12B.6 and 12C.6 to clarify the proper construction of Chapter 12B in relation to Federal or State laws." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. The Board resumed its consideration of the following items on the Consent Calendar. Consent Calendar Recommendations of Finance Committee Finally Passed [Amendment to MOU, Local 200 (S.E.A.M.)] Ordinance amending Ordinance No. 233-95 to implement the provisions of an amendment to the Memorandum of Understanding between the Transport Workers Union, Local 200 (S.E.A.M.) and the City and County of San Francisco regarding wages to be effective for the period July 1, 1997 through June 30, 1998. (Department of Human Resources) File 93-97-41, Ordinance No. 273-97 Finally passed. [Compensation, Superior/Municipal Courts, FY97-98] Ordinance setting schedules of compensation and other economic benefits for certain classifications of persons employed by the Superior and Municipal Courts for the City and County of San Francisco for fiscal year 1997-98. (Superior and Municipal Courts) File 106-97-1, Ordinance No. 275-97 Finally passed. Recommendations of Health, Family & Environment Committee Finally Passed [Pesticides] Ordinance amending Administrative Code by amending Sections 39.1 through 39.8 and adding Sections 39.9 and 39.10 to establish a city integrated pest management policy and implementation program for the management of pesticide applications on city property by city departments and city contractors using city property and to allow exemptions from the city's policy banning certain pesticide applications on city property. Sponsors Supervisors Katz, Bierman. File 97-97-30, Ordinance No. 274-97 Finally passed. Recommendations of Rules Committee Passed for Second Reading [Connie Dodson v. CCSF, et al.] Ordinance authorizing settlement of litigation of Connie Dodson against the City and County by payment of $6,000. (City Attorney) File 45-97-51, Ordinance No. (Superior Court No. 975-472.) Passed for second reading. [Imelda Tanega v. CCSF, et al.] Ordinance authorizing settlement of litigation of Imelda Tanega against the City and County by payment of $22,000. (City Attorney) File 45-97-52, Ordinance No. (Superior Court No. 971-856.) Passed for second reading. [Aaron Jones, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Aaron Jones against the City and County by payment of $9,000. (City Attorney) File 45-97-53, Ordinance No. (Municipal Court No. 130-209.) Passed for second reading. [Margie Owen, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Margie Owen against the City and County by payment of $25,000. (City Attorney) File 45-97-54, Ordinance No. (Superior Court No. 977-528.) Passed for second reading. [Maria Teresa Hernandez v. CCSF, et. al.] Ordinance authorizing settlement of litigation of Maria Teresa Hernandez against the City and County by payment of $11,250. (City Attorney) File 45-97-55, Ordinance No. (Municipal Court No. 130-826.) Passed for second reading. [Sheri Einhorn v. CCSF, et al.] Ordinance authorizing settlement of litigation of Sheri Einhorn against the City and County by payment of $65,000. (City Attorney) File 45-97-56, Ordinance No. (Superior Court No. 954-281.) Passed for second reading. Adopted [Gift Acceptance] Resolution accepting gift of a vehicle from the State of California Department of Food and Agriculture to the City's Department of Agriculture/Weights and Measures to assist the City in performing activities required under the State pest detection and trapping program. (Department of Agriculture, Weights and Measures) File 38-97-4, Resolution No. 636-97 Adopted. [Settlement of Claim, Helen Nett] Resolution approving the settlement of the unlitigated claim of Helen Nett by payment of $15,000.00. (City Attorney) File 48-97-38, Resolution No. 638-97 Adopted. [Settlement of Claim, GE Medical System] Resolution approving the settlement of the unlitigated claim of GE Medical System by payment of $6,622.55. (City Attorney) File 48-97-39, Resolution No. 639-97 Adopted. [Settlement of Claim, Grange Insurance Company] Resolution approving the settlement of unlitigated claim of Grange Insurance Co. as subrogee for Timothy, Dorothy and Rachel Renstrom by payment of $11,001.81. (City Attorney) File 48-97-40, Resolution No. 640-97 Adopted. [Settlement of Claim, Daphne Togiai] Resolution approving the settlement of the unlitigated claim of Daphne Togiai by payment of $8,000.00. (City Attorney) File 48-97-41, Resolution No. 641-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. REGULAR CALENDAR UNFINISHED BUSINESS From the Clerk Consideration Continued (Only one of the following two motions should be adopted.) Supervisor Newsom Excused From Voting Supervisor Newsom was excused from voting on the following three items. See Journal of Proceedings of June 23, 1997. [Zoning Appeal] Motion approving decision of the Planning Commission by its Motion No. 14365, approving Conditional Use Application No. 96.774CR, on property located at 2055 Lombard Street, south side between Fillmore and Webster Streets, and adopting findings pursuant to Planning Code Section 101.1; companion measure to Files 37-97-3.2, 37-97-3.3. (Clerk of the Board). File 37-97-3.1 (Filed May 30, 1997.) (June 23, 1997 - Consideration continued to June 30, 1997.) Supervisor Yee, seconded by Supervisor Ammiano, moved to continue consideration to July 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Yee - 6. Noes: Supervisors Brown, Kaufman, Yaki - 3. Excused: Supervisor Newsom - 1. Absent: Supervisor Teng - 1. [Zoning Appeal] Motion disapproving decision of the Planning Commission by its Motion No. 14365, approving Conditional Use Application No. 96.774CR, on property located at 2055 Lombard Street, south side between Fillmore and Webster Streets, and adopting findings pursuant to Planning Code Section 101.1; companion measure to Files 37-97-3.1, 37-97-3.3. (Clerk of the Board) File 37-97-3.2 (June 23, 1997 - Consideration continued to June 30, 1997.) Supervisor Yee, seconded by Supervisor Ammiano, moved to continue consideration to July 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Yee - 6. Noes: Supervisors Brown, Kaufman, Yaki - 3. Excused: Supervisor Newsom - 1. Absent: Supervisor Teng - 1. [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 96.774CR, on property located at 2055 Lombard Street, south side between Fillmore and Webster Streets, for action by the Board at its next meeting; companion measure to Files 37-97-3.1, 37-97-3.2. (Clerk of the Board) File 37-97-3.3 (June 23, 1997 - Consideration continued to June 30, 1997.) Supervisor Yee, seconded by Supervisor Ammiano, moved to continue consideration to July 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Yee - 6. Noes: Supervisors Brown, Kaufman, Yaki - 3. Excused: Supervisor Newsom - 1. Absent: Supervisor Teng - 1. Finally Passed [Sewer Service Charges, 1997-1998] Ordinance adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 1997-1998 pursuant to Public Works Code Articles 4.1 and 4.2; exempt from environmental review May 22, 1997. (Mayor Willie L. Brown, Jr.) File 21-97-2, Ordinance No. 272-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Leal assumed the Chair so the President could participate in the debate from the floor. NEW BUSINESS From Economic Development, Transportation and Technology Committee Without Recommendation Adopted (See Journal of Proceedings of July 14, 1997 for Mayor's Disapproval.) [Supporting Completion of the Caltrain FEIS/EIR] Resolution requesting that the work being done on the Downtown extension project reports and studies be completed and presented to the Board with conclusions; and instructing San Francisco representatives on the Joint Powers Board to communicate this resolution and the resolution adopted by the San Francisco Board of Supervisors on May 12 endorsing the Main/Beale South Design concept and program for a replacement facility for the Transbay Transit Terminal. Sponsors Supervisors Bierman, Katz. File 85-97-3, Resolution No. Supervisor Kaufman Excused from Voting Supervisor Kaufman requested to be excused from voting on this item. Thereupon, Supervisor Leal, seconded by Supervisor Yaki, moved to excuse Supervisor Kaufman from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Supervisor Newsom Excused from Voting Supervisor Newsom requested to be excused from voting on this item. Supervisor Ammiano, seconded by Supervisor Katz, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Yaki, Yee - 7. Noes: Supervisor Brown - 1. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. The President resumed the Chair. Recommendations of Rules Committee Passed for Second Reading [Public Health Membership in Organizations] Ordinance amending Administrative Code, adding certain organizations to the membership list of the Department of Public Health. (Department of Public Health) File 97-97-32, Ordinance No. (Amends Section 16.6-10.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Adopted [Appointment] Resolution appointing member to the Comprehensive Community Policing and Public Safety Strategy Task Force. (Rules Committee) File 92-95-35.1, Resolution No. 626-97 (Michael T. Ege, Seat No. 29708, public at large, for term ending September 1, 2000.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. [Appointment] Resolution appointing member to the Lead Poisoning Prevention Citizens Advisory Committee, for new four-year term ending August 20, 1999. (Rules Committee) File 92-95-39, Resolution No. 627-97 (Richard McGuire, vice Darnisha Wright, Seat No. 26606, must represent the Housing Authority, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. [Civil Grand Jury Act 1997] Resolution declaring support for the Civil Grand Jury Training Communication and Efficiency Act of 1997 (AB 829). Sponsors Supervisors Ammiano, Bierman, Brown, Katz, Leal. File 12-97-19, Resolution No. 635-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. (Pursuant to the provisions of Rule 2.33.7 of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate. In accordance therewith, consideration of the following proposed Charter amendments appropriately may be continued at least one week.) From Rules Committee with Recommendation "Do Submit" Consideration Continued [Charter Amendment, Youth Commission] Charter amendment (Second Draft) amending Sections 4.122 through 4.124 to create staggered terms for members, certify removal of members, allow for compensation, amend quorum and voting requirements, give non-exclusive authority to conduct programs related to children and youth, to authorize Commission recommendation of applicants and to delete obsolete material. Sponsor Supervisor Newsom. File 255-97-1 Supervisor Newsom, seconded by Supervisor Leal, moved to continue consideration to July 14, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. [Charter Amendment, Contract/Lease Limitations] Charter Amendment (First Draft) repealing Section 2.110, governing Board of Supervisors' approval of the sale or lease of real property, and amending Section 9.118, governing the Board of Supervisors' approval of contracts, to incorporate the provisions of former Section 2.110 and add further provisions governing the Board of Supervisors' approval of the sale or lease of real property. Sponsor Supervisor Kaufman. File 256-97-1 Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to July 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. [Charter Amendment, Safety Employees Retirement] Charter amendment (First Draft) amending Appendix A8.559-14 and 8.585-14, relating to retirement benefits for safety employees who transferred membership under the retirement system to Sections 8.586 or 8.588 effective July 1, 1980. Sponsors Supervisors Katz, Ammiano. File 257-97-1 Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to July 7, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. From Rules Committee Without Recommendation Consideration Continued [Charter Amendment, Street Name Changes] Charter amendment (Second Draft) amending the Charter by adding Section 2.118 to provide that no street name shall be changed without prior voter approval. Sponsors Supervisors Newsom, Kaufman. File 239-97-1 Supervisor Newsom, seconded by Supervisor Leal, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring or receiving advice from the City Attorney regarding pending litigation as follows: (1) San Francisco v. Bank of America, S.F. Superior Court No. 968-484, and (2) Carpenter v. San Francisco, U.S. District Court No. C-90-1836 MMC, as permitted by Government Code Section 54956.9(a). Supervisor Leal, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Recess The Board recessed at the hour of 2:21 p.m. to convene in closed session. Reconvening of the Board The Board reconvened at 2:57 p.m. Calling the Roll On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Noted absent: Supervisors Bierman, Newsom, Teng - 3. Quorum present. Supervisor Bierman was noted present at 2:58 p.m. Supervisor Newsom was noted present at 2:50 p.m. Supervisor Teng was excused. (See supra.) Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board of Supervisors met with the City Attorney for the purpose of conferring or receiving advice from the City Attorney regarding pending litigation as follows: (1) San Francisco v. Bank of America, S.F. Superior Court No. 968-484, and (2) Carpenter v. San Francisco, U.S. District Court No. C-90-1836 MMC, as permitted by Government Code Section 54956.9(a). The meeting was informational only and no action was requested or taken. Adopted Motion that the Board finds that it is in the best interest of the public that the Board elects at this time not to disclose its closed session deliberations concerning the possible litigation. Supervisor Leal, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Leal assumed the Chair. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Hearing Held [Public Hearing] Hearing of persons interested in or objecting to approving the amendment to the Redevelopment Plan for the Rincon Point-South Beach Redevelopment Project Area in connection with the 42,000 seat major league ballpark in the China Basin area as follows: (1) Resolution endorsing the Planning Commission's certification of the Final Environmental Impact Report and adopting environmental findings (and a statement of overriding considerations) pursuant to California Environmental Quality Act and State guidelines in connection with certain amendments to the General Plan and amendments to the Rincon Point-South Beach Redevelopment Plan; (2) Ordinance amending Rincon Point-South Beach Redevelopment Plan to expand the project area by adding land to the South Beach sub-area of the project area, specifically including Lots 3B and 27 on Assessor's Block 3794 and Piers 46B and 46C, seawall lot 336 and portion of seawall lot 335, including streets on Assessor Block 9900; (3) Ordinance approving amendments to the urban design and recreation and open space elements and the Northeastern Waterfront Plan of the San Francisco General Plan. Files 151-97-3, 271-97-5, 271-97-5.1 The privilege of the floor was granted to the following persons: Speaking in support: Mimi Silbert; Jim Chappel, Chris Ketton; Ernestine Weiss; Frances Zander; Angie Alarcon; Jim Ross; Sue Loder; Dennis McKenzie; Mary Hade; Richard Herrera; Trinity Savage; Cheryl A. Cross; Matt Regan; Henry Louie; Richard Abraham; Larry Baer The Honorable Mayor Willie L. Brown, Jr. appeared and spoke in favor of the proposal. Speaking in opposition: Jeffrey Leibovitz; Constance Kurrupu; Elizabeth Carney. No position: Rafael Espinoza; Rich Morisno; Leslie Caplan; Leslie Williams. Representatives from the San Francisco Redevelopment Agency, Planning commission and the Mayor's office gave a brief presentation. There being no one else present wishing to speak, the President declared the public hearing closed. Supervisor Kaufman Excused from Voting Supervisor Kaufman requested to be excused from voting on the following three items. Supervisor Leal, seconded by Supervisor Yaki, moved to excuse Supervisor Kaufman from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Supervisor Newsom Excused from Voting Supervisor Newsom requested to be excused from voting on the following three items. Thereupon, Supervisor Ammiano, seconded by Supervisor Katz, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee - 10. Absent: Supervisor Teng - 1. Committee of the Whole Rise and Report Without Recommendation Adopted as Amended [CEQA Findings, China Basin Ballpark] Resolution endorsing the Planning Commission's certification of the Final Environmental Impact Report and adopting environmental findings (and a statement of overriding considerations) pursuant to California Environmental Quality Act and State guidelines in connection with certain amendments to the General Plan and amendments to the Rincon Point-South Beach Redevelopment Plan; companion measure to Files 271-97-5 and 151-97-3. Sponsor Supervisor Yaki. File 271-97-5.1, Resolution No. 645-97 Supervisor Yaki, seconded by Supervisor Ammiano, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. Supervisor Yaki, seconded by Supervisor Bierman, moved to amend page four, line 21, after "Attachment A" by inserting "as amended June 30, 1997"; amend Attachment A, page 18, by inserting "11. The City will consider inclusion of measures to protect and conserve existing housing, neighborhood parking and neighborhood character and minimize intrusion of ballpark traffic and related parked cars into residential areas. The city will propose public improvements over time such as traffic control and signal improvements, programmable parking meters, preferential parking programs, street resurfacing and restriping, improvements to sidewalks, new street lamps, litter receptacles and signage that will maintain the attractiveness and livability of adjacent neighborhoods." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. Passed for Second Reading as Amended [Ballpark, Rincon Point-South Beach] Ordinance amending Ordinance No. 14-81, amended by Ordinance Nos. 50-84, 405-91, 137-92, 270-92, 430-94 and 119-97, 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 South Beach sub-area of the project area, specifically including Lots 3B and 27 on Assessor's Block 3794 and Piers 46B and 46C, seawall lot 336 and portion of seawall lot 335, including streets on Assessor Block 9900; companion measure to Files 271-97-5 and 271-97-5.1. Sponsor Supervisor Yaki. File 151-97-3, Ordinance No. Supervisor Yaki, seconded by Supervisor Ammiano, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. Passed for Second Reading [Ballpark, General Plan Amendments] Ordinance approving amendments to the urban design and recreation and open space elements and the Northeastern Waterfront Plan of the San Francisco General Plan; companion measure to Files 151-97-3 and 271-97-5.1. Sponsor Supervisor Yaki. File 271-97-5, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Yaki, Yee - 8. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisor Teng - 1. The President resumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, Ferry Park, Embarcadero traffic, oppose De Young Museum move; Patricia Vaughey, De Young Museum, Lombard Street; Martina Gillis, welfare reform funding for childcare and jobs; Male speaker, return Hong Kong to China. 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 [Commend Reverend Charlie Cook, Sr.] Resolution commending Reverend Charlie Cook, Sr. for his dedication to the City and County of San Francisco. Sponsors Supervisors Brown, Bierman, Katz. File 6-97-121, Resolution No. 628-97 (June 23, 1997 - Introduced in Board for consideration on June 30, 1997.) Adopted. In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors. [Gift Acceptance] Resolution accepting gift of a bust of former Mayor Dianne Feinstein valued at approximately $30,000 from Richard Blum to the City and County of San Francisco. Sponsors Supervisors Kaufman, Bierman, Teng, Yaki, Brown, Medina, Ammiano, Katz, Yee, Leal, Newsom. File 38-97-6, Resolution No. 637-97 (June 23, 1997 - Introduced in Board for consideration on June 30, 1997.) Adopted. [Election Results, June 3, 1997] Resolution declaring the results of the Special Municipal Election conducted June 3, 1997, in the City and County of San Francisco. (Clerk of the Board) File 60-97-7, Resolution No. 642-97 (June 23, 1997 - Introduced in Board for consideration on June 30, 1997.) Adopted. [Treasure Island Reuse Plan] Resolution authorizing the Mayor's Treasure Island Project Office to apply for funds from the California Trade and Commerce Agency's California Defense Adjustment Matching Grant Program to provide funding for critical planning tasks associated with reuse planning for Treasure Island Naval Station, including preparation of an area plan and General Plan amendments and development controls. Sponsor Supervisor Yaki. File 68-97-5, Resolution No. 643-97 (June 23, 1997 - Introduced in Board for consideration on June 30, 1997.) Adopted. [ABAG Finance Authority, Amendment] Resolution amending Resolution No. 532-96 which authorized the execution and delivery of a Joint Exercise of powers agreement relating to the ABAG Finance Authority for nonprofit corporations (The Authority) and certain related matters, to delete the requirement that projects located within the City to be financed by The Authority be approved by the Board of Supervisors. Sponsor Supervisor Kaufman. File 263-97-1, Resolution No. 644-97 (June 23, 1997 - Introduced in Board for consideration on June 30, 1997.) Adopted. [Commending Geoffrey Kors] Resolution commending Geoffrey Kors for his contributions to the City and County of San Francisco. Sponsor Supervisor Katz. File 6-97-122, Resolution No. 629-97 (June 25, 1997 - Referred to Board for consideration on June 30, 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, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 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 Yaki, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 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 Yaki, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. [Imperative Resolutions] Adopted [Commend Carl Breedlove] Resolution commending the humanitarian work and principles of "Voluntary Service, Unity, Universality, Humanity, Impartiality, Neutrality and Independence" as exhibited by Red Cross Volunteer Carl Breedlove. File 006-97-123, Resolution No. 630-97 Supervisors Medina, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. [Commend Candelaria Claros] Resolution commending the humanitarian work and principles of "Voluntary Service, Unity, Universality, Humanity, Impartiality, neutrality and independence as exhibited by Red Cross Volunteer Candelaria Claros. File 006-97-124, Resolution No. 631-97 Supervisors Medina, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. [Commend Marice Murphy] Resolution commending the humanitarian work and principles of "Voluntary Service, Unity, Universality, Humanity, Impartiality, Neutrality and Independence" as exhibited by Red Cross Volunteer Marice Murphy. File 006-97-125, Resolution No. 632-97 Supervisors Medina, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. [Commend La Raza Centro Legal] Resolution commending La Raza Centro Legal for 24 years of service to the community. File 006-97-126, Resolution No. 633-97 Supervisors Medina, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. [Commend Myrna Melgar-Iton] Resolution commending Myrna Melgar-Iton for exemplary service to the people of San Francisco. File 006-97-127, Resolution No. 634-97 Supervisor Medina presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Yaki, Yee - 9. Absent: Supervisors Newsom, Teng - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Red Light Camera Enforcement Program] Ordinance authorizing execution of contract between the Department of Parking and Traffic and a bidder it deems responsive to provide construction and professional services for the red light camera enforcement program; waiving competitive bidding requirements of Section 21.6 of the San Francisco Administrative Code. Supervisor Leal presented. Referred to Finance Committee. File 172-97-047. Referred to Board [Proclamation] Resolution declaring July 13, 1997 as "Jose Angel Mora Castellon and Carmen Torres De Mora Day" in honor of their 60th wedding anniversary. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar July 7, 1997. File 004-97-029. [Commendation] Resolution recognizing the Alliance for Preserving the Truth of Sino-Japanese War. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar July 7, 1997. File 006-97-128. [Breast Cancer Study] Resolution urging the Centers for Disease Control to fund a study of the causes of high breast cancer rates in the San Francisco Bay Area. Supervisor Bierman presented. Referred to Board for Adoption without Committee Reference Calendar July 7, 1997. File 013-97-024. [Youth Campus, Fort Baker] Resolution urging the President to utilize the National Parks Services properties at Fort Baker to develop a youth campus. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar July 7, 1997. File 013-97-025. Requests for Hearings: [Central Freeway Alternatives] Hearing to consider and select the preferred alternative for the Central Freeway replacement project, considering all five previous CalTrain alternatives, as well as new Alternative 3b. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 085-97-001.01. [Public Utilities Commission] Hearing to consider the infrastructure needs of the Public Utilities Commission. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 191-97-004. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar July 7, 1997. File 030-97-001.12. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-97-060. [Weiju Cui v. CCSF, et al.] Ordinance authorizing settlement of litigation of Weiji Cui against the City and County of San Francisco by payment of $15,000. (Municipal Court No. 138-465). (City Attorney) Referred to Rules Committee. File 045-97-061. [Shek Yiu Chan v. CCSF, et al.] Resolution authorizing settlement of litigation of Shek Yiu Chan against the City and County of San Francisco by payment of $100,000 plus a waiver of a medical reimbursement lien of $10,500. (Superior Court No. 974-914). (City Attorney) Referred to Rules Committee. File 045-97-062. [Estate of David J. Arnold, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of estate of David J. Arnold, et al. against the City and County and County of San Francisco, et al. by payment of $1,500,000. (Consolidated Actions: United States District Court No. C96-3754 MMC, United States District Court No. C97-0587 MMC). (City Attorney) Referred to Rules Committee. File 045-97-063. [Keith Klippensteen v. CCSF, et al.] Ordinance authorizing settlement of litigation of Keith Klippensteen against the City and County of San Francisco by payment of $50,000. (Superior Court No. 974-321). (City Attorney) Referred to Rules Committee. File 045-97-064. [Gradon Knotts, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Gradon Knotts against the City and County of San Francisco by payment of $8,750. (Superior Court No. 979-307). (City Attorney) Referred to Rules Committee. File 046-97-008. [CCSF v. Burns International Security Services] Ordinance authorizing settlement of litigation of City and County of San Francisco v. Burns International Security Services; Borg-Warner Protective Services Corporation, dba Burns International Security Services, by payment of $25,000 by Burns to the City. (Superior Court No. 976-811). (City Attorney) Referred to Rules Committee. File 097-97-036. [Public Works Membership in Organizations] Ordinance amending Administrative Code by amending Section 16.6-9 thereof, adding certain organizations to the membership list of the Department of Public Works and repealing Section 16.6-9.1. (Department of Public Works) Referred to Rules Committee. Resolutions Referred to Committee File 025-97-011. [Prop J Contract, Budget Analyst] Resolution concurring with the Controller's certification that services of the Budget Analyst can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Clerk of the Board) Referred to Finance Committee. File 027-97-008. [Grant, CalTrain-SFO Shuttle Service] Resolution authorizing the Airport Commission to seek, accept and expend funds for a CalTrain SFO Shuttle from the Bay Area Air Quality Management District's Transportation Fund for Clean Air (TFCA) for the 1998 service year; waiving indirect costs. (Airport Commission) Referred to Finance Committee. File 040-97-013. [Residential Parking Area "V", Balboa Park] Resolution extending the boundaries of Residential Permit Parking Area "V" in the Balboa Park 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 040-97-014. [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 and Neighborhood Services Committee. File 040-97-015. [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 and Neighborhood Services Committee. File 048-97-046. [Settlement of Claim, State Farm Insurance Company] Resolution approving the settlement of the unlitigated claim of State Farm Insurance Company by payment of $9,536.36. (City Attorney) Referred to Rules Committee. File 048-97-047. [Settlement of Claim, ITT Hartford Insurance] Resolution approving the settlement of the unlitigated claim of ITT Hartford Insurance by payment of $15,396.71. (City Attorney) Referred to Rules Committee. File 172-97-043. [State Medi-Cal Hold Harmless Agreement, FY 1996-97] Resolution authorizing the Department of Public Health Community Substance Abuse Services, to enter into a Combined Negotiated Net Amount and Drug Medi-Cal Hold Harmless Agreement retroactive to July 1, 1996 for the term July 1, 1996 through June 30, 1997 with the State of California, Department of Alcohol and Drug Programs in the amount of $17,066,667 as a condition of receiving State funds for substance abuse treatment; authorizing and designating the Director of Community Substance Abuse Services to sign said agreement and to approve contract amendments for less than ten percent (10%) of the contracted amount. (Department of Public Health ) Referred to Health, Family and Environment Committee. File 172-97-044. [State Medi-Cal Hold Harmless Agreement, FY 1997-98] Resolution authorizing the Department of Public Health Community Substance Abuse Services, to enter into a Combined Negotiated Net Amount and Drug Medi-Cal Hold Harmless Agreement for the term July 1, 1997 through June 30, 1998 with the State of California, Department of Alcohol and Drug Programs in the amount of $15,930,495 as a condition of receiving State funds for substance abuse treatment; authorizing and designating the Director of Community Substance Abuse Services to sign said agreement and to approve contract amendments for less than ten percent (10%) of the contracted amount. (Department of Public Health) Referred to Health, Family and Environment Committee. File 172-97-045. [Pacific Telesis Community Partnership] Resolution authorizing the City and County of San Francisco to join with other public interest organizations in participating in the Pacific Telesis Community Partnership Commitment. (City Attorney) 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 Katz, that letters be sent to the Director, Department of Building Inspection and Chief, Fire Department, concerning bars on windows to determine what mechanism is in place to monitor whether these bars on windows have release mechanisms and what plans can be developed to provide funding for quick release bars for low income families. By Supervisor Katz, that letter be sent to Director, Department of Environment, to determine the health effects to the residents of cleaning the Bayview Hunters Point Shipyard to industrial standards versus residential standards. By Supervisor Katz, that letter be sent to Director, Department of Environment, requesting review and report on the plans to clean the toxic waste at the China Basin ballpark site. By Supervisor Newsom, that City Attorney prepare ordinance (per Health and Safety Code Section 17958.4) which would set a date one year beyond its enactment in which all residential property with security bars shall meet current state and local requirements for release mechanisms, to require all buildings so equipped to have permits for these bars and to ensure that smoke detectors are appropriately installed in these units. By Supervisor Newsom, that City Attorney prepare ordinance which would create a full time, one year Fire Marshal position (with task of performing windshield surveys of buildings with safety bars and to ensure that smoke detectors are appropriately installed in these units) to be funded by building inspection fees collected from security bar permits and that any excess permit and inspection fee money be made available as grant money to low-income persons who need to install these security bars (based on Oakland City Council draft model). Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Father Giles Valcovich Sponsors Supervisors Medina, Bierman. File 2-97-26 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:42 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