Board of Supervisors Minutes: July 7, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, July 7, 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. CALLINGTHEROLL The meeting was called to order at 2:01 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Noted absent at first roll call: Supervisors Brown, Newsom - 2. Quorum present. Supervisor Brown excused. (See infra.) Supervisor Newsom excused. (See infra.) SupervisorsBrownandNewsomExcused The Clerk stated Supervisors Brown and Newsom requested to be excused from attending today’s meeting. Supervisor Yaki, seconded by Supervisor Teng, moved to excuse Supervisors Brown and Newsom from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Medina, seconded By Supervisor Yaki, moved that the Journal of Proceedings for Monday, April 21, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. COMMUNICATION The Clerk presented the following COMMUNICATION from his Honor, Mayor Willie L. Brown, Jr. returning with his disapproval the resolution concerning the Park Patrol Unit: July 3, 1997 Honorable Barbara Kaufman, President San Francisco Board of Supervisors Members, San Francisco Board of Supervisors 401 Van Ness Avenue, Room 308 San Francisco, CA 94102 Dear President Kaufman and Members: I am returning to the Board with my disapproval the Resolution recognizing the contribution and work of the Park Patrol Unit of the Recreation and Park Department and urging the Department to fully fund, train and staff the park patrol (File No. 100-97-2.) I am concerned about adding yet another full funding, full staffing policy for a Commission. We have numerous city departments who are obligated to provide either a certain level of funding or staffing. I believe this resolution, if approved, would undermine the Recreation and Park Commission’s decision making process to fund the services they deem necessary to meet their departments responsibilities. Commissions should forward to the Mayor and the Board funding requests that they feel appropriate to meet the mission of their departments. The Mayor and Board of Supervisors can then make whatever changes they believe are required. I hope to work cooperatively with Supervisor Medina on a resolution which I could support. I agree with Supervisor Medina that San Francisco should recognize the need for security and safety in San Francisco Parks, as well as the need for education and enforcement of existing park regulations to allow for the enjoyment of Recreation and Parks facilities. The Park Patrol unit is not a law enforcement unit. They provide information and permit assistance for visitors to Golden Gate Park as well as 3Com Park. They will call law enforcement if they see an incident that needs attention. Let me reiterate, I would sign a Resolution urging the Recreation and park Commission to review the funding and staffing level of the Park Patrol Unit in order to provide appropriate service to the public. Sincerely, Willie L. Brown, Jr. Mayor Returned Disapproved by the Mayor; Consideration Continued [Park Patrol] Resolution recognizing the contribution and work of the Park Patrol unit of the Recreation and Park Department and urging the department to fully fund, train and staff the Park Patrol. File 100-97-002. The Clerk stated pursuant to Board of Supervisors Rule 4.15 the Board shall not reconsider the legislation until the first meeting after the message from the Mayor is presented to the Board. Supervisor Medina, seconded by Supervisor Leal, moved to continue consideration to July 21, 1997. No objection and motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. CONSENTCALENDAR RecommendationsofRulesCommittee Finally Passed [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.279-97 (Superior Court No. 975-472.) Finally passed. [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. 280-97 (Superior Court No. 971-856.) Finally passed. [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. 281-97 (Municipal Court No. 130-209.) Finally passed. [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. 282-97 (Superior Court No. 977-528.) Finally passed. [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. 283-97 (Municipal Court No. 130-826.) Finally passed. [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. 284-97 (Superior Court No. 954-281.) Finally passed. [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. 287-97 (Amends Section 16.6-10.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. REGULARCALENDAR UNFINISHEDBUSINESS FromtheClerk (Only one of the following two motions should be Adopted. ) (Supervisor Newsom is excused from voting. See supra.) (Supervisor Teng was absent from public hearing.) Adopted as Amended [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, andapprovinggrantingaconditionalusepermit subjecttoconditionsimposedbyPlanningCommissionandadditional conditions 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 30, 1997 - Consideration continued to July 7, 1997.) Supervisor Yaki, seconded by Supervisor Teng, moved to amend by adding the following language: "Further Moved, That approval of the conditional use application is not effective until October 6, 1997. During the pendency of the approval date, Sprint has agreed to use good faith efforts to study the feasibility of using and, if feasible from an engineering standpoint, obtain the necessary permitting of the public garage at Chestnut/Pierce ("the alternate site") for location of their antennae. If the alternate site receives final approval, including resolution of all appeals, within the pendency period, Sprint agrees to use the alternate site for their antennae and forego the 2055 Lombard Site.". New title: "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 approving granting a conditional use permit subject to conditions imposed by Planning Commission and additional conditions and adopting findings pursuant to Planning Code Section 101.1." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Tabled [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 30, 1997 - Consideration continued to July 7, 1997.) Supervisor Yaki, seconded by Supervisor Bierman, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Adopted [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 30, 1997 - Consideration continued to July 7, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. RecommendationofHealth,Family&EnvironmentCommittee 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, 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 Teng, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor on the following item. FromRulesCommitteewithRecommendation"DoSubmit" Ordered Submitted [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. Sponsors Supervisors Kaufman, Teng. File 256-97-1 (June 30, 1997 - Consideration continued to July 7, 1997.) Ordered submitted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [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, Leal, Bierman, Teng, Medina. File 257-97-1 (June 30, 1997 - Consideration continued to July 7, 1997.) Ordered submitted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. In connection with the above item, Supervisors Leal, Bierman, Teng, Medina requested to be added as co-sponsors. FromCommitteeoftheWholeWithoutRecommendation Finally Passed (Supervisors Kaufman and Newsom are excused from voting.) See Journal of Proceedings of June 30, 1997. [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 File 151-97-3. Sponsor Supervisor Yaki. File 271-97-5, Ordinance No. 277-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Teng, Yaki, Yee-8. Excused: Supervisor Kaufman - 1. Absent: Supervisors Brown, Newsom-2. (Supervisors Kaufman and Newsom are excused from voting.) See Journal of Proceedings of June 30, 1997. [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 File 271-97-5. Sponsor Supervisor Yaki. File 151-97-3, Ordinance No. 276-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Teng, Yaki, Yee-8. Excused: Supervisor Kaufman - 1. Absent: Supervisors Brown, Newsom-2. The President resumed the Chair. NEWBUSINESS Recommendationsof EconomicDevelopment,TransportationandTechnologyCommittee Adopted [MUNI Key Stop Green Committee] Resolution declaring support for the April 22, 1997 recommendations of The Keep the Key Stop Green Committee regarding the N-Lines rail replacement and Key Stop Project, and further, urging MUNI to modify their design of the Irving Street Key Stop to incorporate these concerns and proposal of The Keep the Key Stop Green Committee. Sponsors Supervisors Ammiano, Yaki, Katz, Medina. File 7-97-9, Resolution No. 652-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. [Contract Award Extension, MUNI] Resolution approving extension of time to award Municipal Railway Contract No. MR-1020-R2 Cable Car Barn - Furnish and Install Oil Separator System. (Public Transportation Commission) File 61-97-3, Resolution No. 665-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Adopted as Amended [Street Vacation, Treat Avenue] Resolution declaring intention of the Board of Supervisors to vacate a portion of Treat Avenue west of Alabama Street and north of 15th Street and setting the hearing date of ((July 28)) August11, 1997 for all persons interested in the proposed vacation. Sponsor Supervisor Yaki. File 164-97-2, Resolution No. 669-97 Supervisor Yaki, seconded by Supervisor Leal, moved to amend page two, lines 11 and 12 by changing the date "July 28" to "August 11". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. RecommendationsofHealth,FamilyandEnvironmentCommittee Adopted [Amend Pacificare Agreement] Resolution authorizing the Director of Public Health to execute an amendment to the existing hospital Commercial Services Risk Agreement between Pacificare of California and the Department of Public Health for the provision of hospital services to Pacificare subscribers; contingent on Human Rights Commission’s certification and compliance with the Domestic Partner Ordinance. (Department of Public Health) File 172-96-1.1, Resolution No. 647-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. [State Mental Health Performance Contract] Resolution approving retroactively, the San Francisco City and County Performance Contract for Mental Health Services in fiscal year 1996-97. (Department of Public Health) File 172-97-42, Resolution No. 671-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. ConferencewithCityAttorney-Litigation FromthePresident 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) Carpenter v. City and County of San Francisco, Case No. C-90-1836 MMC, (2) People v. Philip Morris, Case No. 980864, (3) City of San Francisco v. Philip Morris, Case No. C-96-2090 DLJ, and (4) People v. R.J.Reynolds, Case No. 939359, as permitted by Government Code Section 54956.9(a). Supervisor Yaki, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. Recess The Board recessed at the hour of 4:20 p.m. to convene in closed session. ReconveningoftheBoard The Board reconvened at 4:40 p.m. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Noted absent: Supervisors Brown, Newsom-2. Quorum present. Supervisor Brown excused. See supra. Supervisor Newsom excused. See supra. ReportonClosedSession Deputy City Attorney Ted Lakey reported that the Board of Supervisors met in closed session with the City Attorney for the purpose of conferring and receiving advice from the City Attorney regarding pending litigation as follows: (1) Carpenter v. City and County of San Francisco, Case No. C-90-1836 MMC, (2) People v. Philip Morris, Case No. 980864, (3) City of San Francisco v. Philip Morris, Case No. C-96-2090 DLJ, and (4) People v. R.J.Reynolds, Case No. 939359, as permitted by Government Code Section 54956.9(a). The session was informational only and the Board was not requested to take action. 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 Yaki, seconded by Supervisor Leal, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. SPECIALORDER3:00P.M. BoardofSupervisorsSittingasaCommitteeoftheWhole Hearing Held (A court reporter was present.) [Public Hearing] Hearing of persons interested in or objecting to approving and adopting the Redevelopment Plan for the Hunters Point Shipyard Redevelopment Project Area. Sponsor Supervisor Yaki. File 71-97-1 The privilege of the floor was granted to the following persons: Speaking in support: Leon Thibeaux, Jim Chappell, Al Williams, Scott Madison, Frank O’Neill, Marcia LeWinter, Wilma Sims, Ossie Rodgers, Willie B. Kennedy, female speaker. CommitteeoftheWholeRiseandReportWithoutRecommendation Passed for Second Reading [Hunters Point Shipyard Redevelopment Plan] Ordinance approving and adopting the Redevelopment Plan for the Hunters Point Shipyard Redevelopment Project Area. Sponsors Supervisors Yaki, Teng, Bierman. File 71-97-1, Ordinance No. (May 27, 1997 - Redevelopment Agency Resolution 80-97 adopted indicating Environmental Impact Report be certified within eighteen months of the date of the approval of this ordinance.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. In connection with the above item, Supervisors Teng, Bierman requested to be added as co-sponsors. COMMITTEEREPORTS RecommendationsofFinanceCommittee Consideration Continued [Settlement of Litigation] Ordinance authorizing settlement of litigation of Pacific Gas & Electric Company v. City and County and other putative claims of City and County and Pacific Gas and Electric Company, as more fully set forth in Master Settlement Agreement, for payment by Pacific Gas and Electric Company to City and County of the sum $132,494 and other valuable consideration; companion measure to Files 259-97-1, 123-97-4. Sponsor Supervisor Leal. File 45-97-50, Ordinance No. Supervisor Leal, seconded by Supervisor Ammiano, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. [Pacific Gas and Electric Company] Resolution approving the use by the Pacific Gas and Electric Company for utility purposes those fiber optic facilities constructed, laid and used pursuant to the gas and electric franchises (Ordinance Nos. 413 and 414 (Series 1939), respectively); companion measure to Files 45-97-50, 123-97-4. Sponsor Supervisor Leal. File 259-97-1, Resolution No. Supervisor Leal, seconded by Supervisor Ammiano, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. [Assessments for Undergrounding] Ordinance amending Public Works Code Section 929 to allow assessments for undergrounding to be paid in a single lump sum or ten installments during a five year period; companion measure to Files 45-97-50, 259-97-1. Sponsors Supervisors Leal, Teng. File 123-97-4, Ordinance No. Supervisor Leal, seconded by Supervisor Ammiano, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Passed for Second Reading [Appropriation, Asian Art Museum/DPW] Ordinance appropriating $32,499,633, Asian Art Museum and Department of Public Works, proceeds from the sale of Bonds ($7,605,863 of 1989 Earthquake Safety Bonds and $24,893,770 of Asian Art Relocation Project Bond) for the reconstruction of the former Public Library and relocation of the Asian Art Museum for fiscal year 1996-97; placing $32,002,738 on reserve. Sponsor Supervisor Teng. File 101-96-88, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. [Bulk Natural Gas Agreements] Ordinance authorizing the General Manager of the Public Utilities Commission to execute the following agreements and annual renewals thereto: (1) an Energy Service Agreement with the State of California for purchase of bulk natural gas service, (2) a Natural Gas Service Agreement with PG&E for transportation of bulk natural gas purchased from the State of California, and (3) a Natural Gas Storage Services Agreement with PG&E for storage of bulk natural gas purchased from the State of California; waiving requirement of Section 12F.5 of the San Francisco Administrative Code that every contract shall contain a statement urging companies doing business in Northern Ireland to abide by the Macbride principles; waiving requirement of Section 12.1.5(b) of the San Francisco Administrative Code that every contract shall contain a statement urging companies not to use tropical hardwoods; waiving requirement of Section 12B.1.(a) of the San Francisco Administrative Code that every contract shall contain a nondiscrimination provision; and waiving requirement of Section 12J.3(b) of the San Francisco Administrative Code that every contractor attest that it is not a prohibited person or entity with investments or employees in Burma. Sponsor Supervisor Teng. File 172-97-28, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Teng, Yaki, Yee-8. Noes: Supervisor Medina-1. Absent: Supervisors Brown, Newsom-2. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Wayne Sherman, American with Disabilities Act lawsuit; Patricia Vaughey, teleCOMMUNICATION guidelines; Jane Kahan, ADA litigation; Sergio A. Lunan,.ADA litigation’; Leboriae P. Smoore, gay community; David Tomb, equal benefit ordinance, boycott United Airlines; Michael Kwok, ADA compliance; Paul, ADA transition plan; Walter Park, lawsuit; Worldwind Dreamer, gay issues; Anthony Perry, jobs, people on general assistance; Marie J. Franklin, open space; Connie Arnold, ADA issue. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE 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 [Proclamation] Resolution declaring July 13, 1997 as "Jose Angel Mora Castellon and Carmen Torres De Mora Day" in honor of their 60th wedding anniversary. Sponsors Supervisors Leal, Teng. File 4-97-29, Resolution No. 648-97 (June 30, 1997 - Introduced in Board for consideration on July 7, 1997.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Commendation] Resolution recognizing the Alliance for Preserving the Truth of Sino-Japanese War. Sponsors Supervisors Yee, Bierman, Teng. File 6-97-128, Resolution No. 649-97 (June 30, 1997 - Introduced in Board for consideration on July 7, 1997.) Adopted. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Bierman, Katz, Medina, Teng. File 13-97-24, Resolution No. 653-97 (June 30, 1997 - Introduced in Board for consideration on July 7, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina, Teng requested to be added as co-sponsors. [Youth Campus, Fort Baker] Resolution urging the President to utilize the National Parks Services properties at Fort Baker to develop a youth campus. Sponsors Supervisors Brown, Katz, Medina, Teng. File 13-97-25, Resolution No. 654-97 (June 30, 1997 - Introduced in Board for consideration on July 7, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina, Teng requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina. File 30-97-1.12 (June 30, 1997 - Introduced in Board for consideration on July 7, 1997.) Adopted. [Final Map, 1850 Turk Street] Motion approving final map of 1850 Turk Street, a Residential Condominium Project, being a subdivision of Lot 12 in Assessor’s Block 1129, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-97-12 (June 25, 1997 - Referred to Board for consideration on July 7, 1997.) Adopted. [Final Map, 358 12th Street] Motion approving final map of 358 12th Street, a Live/Work Condominium Project, being a subdivision of Lot 84 in Assessor’s Block 3522, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-97-13 (July 1, 1997 - Referred to Board for consideration on July 7, 1997.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Brown, Newsom-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Institutional Master Plan] Ordinance amending Planning Code Section 304.5(c) to allow any existing institution presently occupying a site of less than one acre and not anticipating any future expansion to more than one acre to file an abbreviated institutional master plan. Supervisors Kaufman, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 115-97-009. [Tree Removal Notice] Ordinance amending Public Works Code Sections 806 and 808 to expand public notice and create an appeal to the Board of Supervisors from a decision of the Director of Public Works regarding street tree removal. Supervisors Katz, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 123-97-005. Referred to Board [Rincon Point-South Beach Redevelopment Plan] Ordinance amending Ordinance 14-81, as amended by Ordinances 50-84, 405-91, 137-92, 270-92, 430-94, 119-97, 276-97, 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 portions of Block 3766 (northwest corner of Beale and Bryant Streets immediately adjacent to the southern abutment of the Bay Bridge). Supervisor Yaki presented. Referred to Board Committee of the Whole August 11, 1997, 3:00 p.m. File 151-97-004. [Commend Jane Rubin] Resolution recognizing Jane Rubin for her work as the Director of the San Francisco Ethics Commission and commending her for her service to the City and County of San Francisco. Supervisor Kaufman presented. Referred to Board For Adoption Without Committee Reference Calendar July 14, 1997. File 006-97-129. [Commendation] Resolution commending the San Francisco Bay Area Committee to Celebrate the End of British Colonialism in Hong Kong. Supervisors Teng, Yee, Bierman presented. Referred to Board For Adoption Without Committee Reference Calendar July 14, 1997. File 6-97-130. Referred to Committee [Bayview Hunters Point Shipyard] Draft resolution calling for hearing regarding toxic cleanup before each record of decision is issued for each parcel located at Hunters Point Shipyard. Supervisors Katz, Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 71-97-2. [Grant, Lead-based Paint Hazard Reduction] Resolution authorizing the Mayor of the City and County to apply for a grant for lead-based paint hazard reduction program from the U.S. Department of Housing and Urban Development for a total amount not to exceed $3,000,000 for a program authorized under the Department of Housing and Urban Development, and the Omnibus Consolidated Rescissions and Appropriation Act of 1996, Public Law Number 104-134; and including $30,000 of indirect costs associated with the acceptance of these grant funds. Supervisors Bierman, Brown presented. Referred to Housing and Neighborhood Services Committee with request it be considered at the July 17, 1997 meeting. File 068-97-006. [Contracting with Board of Controls] Resolution authorizing the District Attorney to retroactively contract for, accept and expend funds in the amount of $498,251 which include indirect costs of $28,526 which have been allocated from the State Board of Control Victims of Crime Program, an agent of the State of California, for project entitled, "Joint Powers Agreement with Victim and Witness Assistance Program" for the twelve month period July 1, 1997 through June 30, 1998. Supervisor Kaufman presented. Referred to Finance Committee with request it be considered at the July 16, 1997 meeting. File 172-97-048. [Public Entities v. Bank of America] Resolution authorizing City Attorney to undertake, at no cost to the City, representation of California cities, counties and other local public entities in State of California and all political subdivisions thereof, ex rel. Patrick Stull vs. Bank of America. Supervisor Yaki presented. Referred to Rules Committee. File 194-97-006. [Treasure Island Cooperative Agreement] Resolution approving and authorizing the City to enter into a cooperative agreement with the Navy whereby the City will assume certain responsibilities regarding the operation and maintenance of Treasure Island and the Navy will reimburse the City for the costs therefor. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee. File 244-97-004. RequestsforHearings: [Community Development] Hearing to consider gay and lesbian, bisexual, transgendered community outreach from the Mayor’s Office of Community Development. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 079-97-001. [Garment Industry] Hearing to consider the impact of the PacBell Park and the multi-media industry on the sewing factories in the South of Market district. Supervisor Yee presented. Referred to Economic Development, Transportation and Technology Committee. File 176-97-002. [United Parcel Service, Inc.] Hearing to consider allegations of racial discrimination by management of the United Parcel Service, Inc. (UPS). Supervisor Yee presented. Referred to Health, Family and Environment Committee. File 176-97-003. [Youth Guidance Center] Hearing on gay and lesbian, bisexual and transgendered youth intake at the Youth Guidance Center. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 214-97-002.01. [Halloween 1997] Hearing to consider the planning and activities for Halloween 1997. Supervisor Ammiano presented. Referred to Housing and Neighborhood Services Committee. File 264-97-001. Motions: Referred to Committee [Constituent Liaisons, Board of Supervisors] Motion directing the Clerk of the Board to initiate the creation of the position of constituent liaison for each member of the Board of Supervisors and directing the Clerk to provide a copy of this motion to the Mayor with a request that he approve a supplemental appropriation to fund the positions and any other necessary legislation. Supervisors Katz, Ammiano, Teng, Yee presented. Referred to Finance Committee. File 069-97-002. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 127-97-007. [Business Tax Registration Regulations] Ordinance amending Part III of the San Francisco Municipal Code by amending Section 1007.3, to provide that no person shall file a fictitious business name with the County Clerk without having first presented a tax registration certificate. (County Clerk) Referred to Finance Committee. Resolutions Referred to Committee File 096-97-004. [Sale of Portion of Mt. Davidson Park] Resolution confirming sale of approximately .38 acres at the top of Mt. Davidson Park. (Also see File 60-97-6). (City Attorney) Referred to Rules Committee. File 148-97-004. [State Funds, Civic Center Plaza Playground Project] Resolution authorizing the Director of Public Works to accept and expend a mitigation settlement in the amount of $250,000 to construct the Civic Center Plaza Playground. (Department of Public Works) Referred to Housing and Neighborhood Services Committee. File 172-97-046. [Paratransit Broker Contract Amendment] Resolution approving amendment No. 5 to Paratransit Broker Agreement, to expand the ramped taxi program by leasing 30 ramped minivans to the paratransit broker to be subleased to taxicab companies participating in the Paratransit Program, with guaranteed lease payments in the form of paratransit trips provided at no cost to the City; to provide broker with a fee to administer the subleases; and to make other amendments updating the agreement. (Also see File 172-96-4). (Public Transportation Commission) Referred to Economic Development, Transportation and Technology Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Ammiano, that letter be sent to the San Francisco Unified School District urging research and consideration of creating a program which would donate unused food from school lunch programs to a program which feeds the homeless. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Alcus Jefferson (By the entire Board) William Turnbull, Jr. Sponsor Supervisor Bierman. Lester Bush, Sr. Sponsor Supervisor Ammiano. Wade Littlejohn, Jr. Sponsor Supervisor Brown. Lulu Mae Robinson Sponsor Supervisor Brown. Kevin Timothy O’Hara Sponsor Supervisor Medina. File 2-97-27 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:42 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