Board of Supervisors Minutes: July 14, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, July 14, 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 2:04 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Bierman, Brown, Katz, Kaufman, Newsom, Teng, Yaki, Yee-8. Noted absent at first roll call: Supervisors Ammiano, Leal, Medina - 3. Quorum present. Supervisor Ammiano excused. (See infra.) Supervisor Leal was noted present at 2:05 p.m. Supervisor Ammiano excused. (See infra.) SupervisorsAmmiano,MedinaExcused The Clerk stated Supervisors Ammiano and Medina requested to be excused from attending today’s meeting. Supervisor Teng, seconded by Supervisor Leal, moved to excuse Supervisors Ammiano and Medina from attendance. Motion adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. CONSENTCALENDAR RecommendationsofRulesCommittee Passed for Second Reading [Guy Rice v. CCSF, et al.] Ordinance authorizing settlement of litigation of Guy Rice against the City and County by payment of $65,000. (City Attorney) File 45-97-57, Ordinance No. (United States District Court No. C96-1396.) Passed for second reading. [Rudi Acosta v. CCSF, et al.] Ordinance authorizing settlement of litigation of Rudi Acosta against the City and County by payment of $378,000. (City Attorney) File 45-97-58, Ordinance No. (United States District Court No. C92-4321.) Passed for second reading. [Settlement of Union Grievance] Ordinance authorizing settlement of the grievance filed by International Federation of Professional and Technical Engineers, Local 21, AFL-CIO on behalf of Ray Rivera regarding his termination from the Department of Public Health in the amount of Thirty Four Thousand, One Hundred Sixty One Dollars and Twenty Cents ($34,161.20). (City Attorney) File 45-97-59, Ordinance No. Passed for second reading. [Weiju Cui v. CCSF, et al.] Ordinance authorizing settlement of litigation of Weiji Cui against the City and County by payment of $15,000. (City Attorney) File 45-97-60, Ordinance No. (Municipal Court No. 138-465.) Passed for second reading. [Shek Yiu Chan v. CCSF, et al.] Ordinance authorizing settlement of litigation of Shek Yiu Chan against the City and County by payment of $100,000, plus a waiver of a medical reimbursement lien of $10,500. (City Attorney) File 45-97-61, Ordinance No. (Superior Court No. 974-914.) Passed for second reading. [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, et al. by payment of $1,500,000. (City Attorney) File 45-97-62, Ordinance No. (Consolidated Actions: United States District Court No. C96-3754 MMC, United States District Court No. C97-0587 MMC.) Passed for second reading. [Gradon Knotts, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Gradon Knotts against the City and County by payment of $8,750. (City Attorney) File 45-97-64, Ordinance No. (Superior Court No. 979-307.) Passed for second reading. [CCSF v. Burns International Security Services] Ordinance authorizing settlement of litigation of City and County 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. (City Attorney) File 46-97-8, Ordinance No. (Superior Court No. 976-811.) Passed for second reading. Adopted [Settlement of Claim, Faye Bernstein] Resolution approving the settlement of the unlitigated claim of Faye Bernstein by payment of $90,000. (City Attorney) File 48-97-42, Resolution No. 659-97 Adopted. [Settlement of Claim, Cheryl Trimm] Resolution approving the settlement of the unlitigated claim of Cheryl Trimm by payment of $12,000. (City Attorney) File 48-97-43, Resolution No. 660-97 Adopted. [Settlement of Claim, Joseph Suk Yoon] Resolution approving the settlement of the unlitigated claim of Joseph Suk Yoon by payment of $9,000. (City Attorney) File 48-97-44, Resolution No. 661-97 Adopted. [Settlement of Claim, Charles and Megan Ackerley] Resolution approving the settlement of the unlitigated claim of Charles and Megan Ackerley by payment of $14,852.79. (City Attorney) File 48-97-45, Resolution No. 662-97 Adopted. [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) File 48-97-46, Resolution No. 663-97 Adopted. [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) File 48-97-47, Resolution No. 664-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. REGULARCALENDAR UNFINISHEDBUSINESS ConsiderationofMayor’sVeto Consideration Continued (Supervisors Kaufman and Newsom were excused from voting.) See Journal of Proceedings of June 30, 1997. [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. (June 30, 1997 - Adopted. July 9, 1997 - Returned to Board by Mayor, disapproved.) (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 read to the Board.) Pursuant to above rule, the Clerk stated this item will be placed on the July 21, 1997 agenda. No objection and Clerk directed to comply. FromtheClerk Adopted [Findings] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 96.774CR, for the replacement of two existing light poles and the installation of a total of six antennas on the new poles, and the installation of a base transceiver station on the upper deck of the Lombard Garage in a P (Public) District and a 40-X Height and Bulk District pursuant to Section 234.2 of the Planning Code, at a building located at 2055 Lombard Street, south side, between Fillmore and Webster Streets, Lot 9 in Assessor’s Block 509, and approving the granting of the conditional use application with an additional condition. (Clerk of the Board) File 37-97-3.4 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki, Yee-8. Excused: Supervisor Newsom-1. Absent: Supervisors Ammiano, Medina-2. RecommendationsofFinanceCommittee Finally Passed [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. 278-97 Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-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. 288-97 Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. FromRulesCommitteewithRecommendation"DoSubmit" 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 (June 30, 1997 - Consideration continued to July 14, 1997.) Supervisor Newsom, seconded by Supervisor Leal, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. RecommendationofHealth,FamilyandEnvironmentCommittee Finally Passed [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. 286-97 Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. FromCommitteeoftheWhole Finally Passed [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. 285-97 (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.) Finally passed by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. NEWBUSINESS RecommendationsofFinanceCommittee Consideration Continued [Annual Budget] Annual Budget for the City and County of San Francisco for fiscal year 1997-98. File 100-97-1 (Charter Section 9.100 provides the Board shall not adopt the Budget not earlier than July 15, 1997, nor later than August 1, 1997.) INSERTBUDGETSTATEMENTLETTER Supervisor Leal, seconded by Supervisor Teng, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Annual Appropriation Ordinance, Fiscal Year 1997-98] Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County, for fiscal year ending June 30, 1998; companion measure to File 100-97-1. (Mayor) File 101-97-2, Ordinance No. (Fiscal Impact.) Supervisor Leal, seconded by Supervisor Teng, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Annual Salary Ordinance] Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the fiscal year ending June 30, 1998, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation or appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations thereof; companion measure to Files 100-97-1 and 101-97-2. (Mayor) File 102-97-2, Ordinance No. (Fiscal Impact.) Supervisor Leal, seconded by Supervisor Teng, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Redevelopment Agency Budget and Bonds] Resolution approving the Budget of the Redevelopment Agency for fiscal year 1997-98; and approving the issuance by the Agency of bonds in an aggregate principal amount not to exceed $42,000,000 for the purpose of financing redevelopment activities in fiscal year 1997-98. (Redevelopment Agency) File 161-97-7, Resolution No. Supervisor Leal, seconded by Supervisor Teng, moved to continue consideration to July 21, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. Passed for Second Reading [Bonding and Financial Assistance Program] Ordinance amending Administrative Code, to expand the City’s bonding assistance program, to authorize additional financial assistance to eligible contractors, and to extend the term of the program until June 30, 2000. Sponsors Supervisors Leal, Teng, Brown, Bierman. File 97-97-25, Ordinance No. (Amends Section 6.20-2.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. In connection with the above item, Supervisors Teng, Brown, Bierman requested to be added as co-sponsors. [Departmental Revolving Funds] Ordinance amending Administrative Code, relating to purposes and amounts authorized for departmental cash revolving fund for various departments. Sponsor Supervisor Leal. File 97-97-27, Ordinance No. (Amends various sections of Article XV, Chapter 10; Deletes Sections 10.141, 10.141a, 10.149, 10.167, 10.169-6, 10.169-9; Adds Sections 10.169-12 through 10.169-21; Repeals Section 13.23 and 13.24.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Hotel Tax Technical Amendments] Ordinance amending Municipal Code, Part III, to make technical amendments to clarify the allocation of revenues derived from the tax imposed by Section 502. Sponsor Supervisor Bierman. File 127-97-5, Ordinance No. (Amends Section 515; Adds Section 515.01.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Hotel Tax Reallocation] Ordinance amending Municipal Code, Part III, to allocate a portion of Hotel Tax Funds to the City-owned cultural centers. Sponsor Supervisor Bierman. File 127-97-4, Ordinance No. (Amends Section 515.01.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Hotel Tax Fund Allocation] Ordinance amending Municipal Code, Part III, to allocate a portion of Hotel Tax Funds to the Mayor’s Office of Protocol, for fiscal year 1997-98. (Mayor) File 127-97-6, Ordinance No. (Amends Section 515.01.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. Adopted [Prop J Contract, Paratransit Services] Resolution concurring with the Controller’s certification that paratransit services for the Public Transportation Commission can be practically performed by a private contractor at a lower cost than by City and County employees. (Public Transportation Commission) File 25-97-9, Resolution No. 655-97 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Prop J Contract, Convention Facilities Management] Resolution concurring with Controller’s certification that convention facilities management, operation and maintenance services can be practically performed at Bill Graham Civic Auditorium and Moscone Center by private contractor for lower cost than similar work services performed by City and County employees. (San Francisco Convention Facilities) File 25-97-10, Resolution No. 656-97 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Grant, Airport Demonstration Project] Resolution authorizing the Airport Commission to retroactively apply for, accept and expend fund of up to $147,000 for a Compressed Natural Gas (CNG) Van Demonstration Project from the Bay Area Air Quality Management District’s Transportation Fund for Clean Air (TFA); waiving indirect costs. Sponsors Supervisors Teng, Brown. File 27-97-7, Resolution No. 657-97 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Emergency Repairs, Harry Tracy Water Treatment] Resolution providing retroactive approval for the declaration of emergency to provide emergency standby power capability at the Harry Tracy Water Treatment Plant - $750,000. (Public Utilities Commission) File 28-97-2, Resolution No. 658-97 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Multifamily Housing Revenue Refunding Bonds] Resolution authorizing the issuance and delivery of multifamily housing revenue refunding bonds (The "Bonds") in an aggregate principal amount not to exceed $20,800,000 for the purpose of refunding bonds previously issued to provide financing for City Heights (formerly Sutter/Post Apartments); authorizing sale of bonds; approving form of and authorizing execution of trust indenture, bond purchase contract, sale of bonds, financing agreement providing the terms and conditions for the above and the loan of bond proceeds to the borrower named therein; approving the form of and execution of an amended and restated regulatory agreement, the preparation and distribution of preliminary official statement and official statement relating to bonds, certificate of acceptance of multifamily deed of trust, assignment of rents and security agreements, assignment of deed of trusts, an allonge to multifamily note and delivery of any document necessary to implement this resolution; ratifying and approving any action theretofore taken in connection with the bonds, the project and the refunding of the prior bonds; and related matters. (Mayor) File 170-97-8, Resolution No. 670-97 Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. RecommendationsofRulesCommittee Passed for Second Reading [Public Works Membership in Organizations] Ordinance amending Administrative Code, adding certain organizations to the membership list of the Department of Public Works and repealing Section 16.6-9.1. (Department of Public Works) File 97-97-36, Resolution No. (Amends Section 16.6-9; Repeals Section 16.6-9.1.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. Adopted [Appointment] Resolution appointing member to the Veterans Affairs Commission, for new term ending January 31, 1999; making findings waiving residency requirement. (Rules Committee) File 92-97-23, Resolution No. 666-97 (Maceo May, vice Ingrid E. Sarembe, Seat No. 23808, at-large appointment, term expired.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Appointment] Resolution appointing member to the Airport Noise Committee, for new term ending September 30, 1999. (Rules Committee) File 92-96-45.3, Resolution No. 646-97 (Vivienne Antal, vice herself, Seat No. 20507, term expired.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Appointment] Resolution appointing member to the Maternal, Child and Adolescent Health Board, for term ending August 31, 1998. (Rules Committee) File 92-97-28.1, Resolution No. 667-97 (Citania Tam, vice Lynn Fang, Seat No. 22820, parent, term expired.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. [Appointment] Resolution appointing member to the Delinquency Prevention Commission, for new four-year term ending June 30, 2001. (Rules Committee) File 92-97-29, Resolution No. 668-97 (Tracy Brown, vice herself, Seat No. 21808, term expired.) Adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Ammiano, Medina-2. SPECIALORDER3:00P.M. Hearing Held [Public hearing] Hearing of persons interested in or objecting to the proposed vacation of certain street areas within the site at China Basin for the San Francisco Giants Ballpark Project; adopting findings that the vacation is consistent with the City’s General Plan and eight priority policies of Planning Code Section 101.1; and ratifying earlier acts. File 164-97-3.1 (Pursuant to Board of Supervisors Resolution 598-97 approved June 26, 1997.) The privilege of the floor was grant to the following persons: Ernestine Weiss, support; Sue Hestor, parking concerns, funding, permits; Jeff Leibovitz, funding source, fire protection. FromEconomicDevelopment,Transportation andTechnologyCommitteeWithoutRecommendation Passed for Second Reading as Amended [Street Vacation] Ordinance ordering the vacation of certain street areas within the site at China Basin for the San Francisco Giants Ballpark Project; adopting findings that the vacation is consistent with the City’s General Plan and eight priority policies of Planning Code Section 101.1; and ratifying earlier acts. Sponsor Supervisor Yaki. File 164-97-3.1, Ordinance No. SupervisorsKaufmanandNewsomExcusedfromVoting The Clerk announced that Supervisors Kaufman and Newsom have requested to be excused from voting on advice of the City Attorney becuase of possible conflict of interests. Supervisor Yaki, seconded by Supervisor Teng, moved to excuse Supervisors Kaufman and Newsom from voting. Amendment of the Whole adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee - 9. Absent: Supervisors Ammiano, Medina - 2. AppointmentofPresidentProTempore At the request of the President, Supervisor Leal assumed the Chair. Supervisor Yaki, seconded by Supervisor Teng, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Leal, Teng, Yaki - 6. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisors Ammiano, Medina, Yee - 3. Passed for second reading as amended by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Leal, Teng, Yaki - 6. Excused: Supervisors Kaufman, Newsom - 2. Absent: Supervisors Ammiano, Medina, Yee - 3. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, oppose Mt. Davidson cross; Leboriae P. Smoore, police brutality, elimination of constitution for poor people; Jay Odessky, domestic partner issue, support United Airline boycott; Jesus Gumbay, employment 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 [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. Sponsors Supervisors Kaufman, Newsom. File 6-97-129, Resolution No. 650-97 (July 7, 1997 - Introduced in Board for consideration on July 14, 1997.) Adopted. In connection with the above item, Supervisor Newsom requested to be added as co-sponsor. [Commendation] Resolution commending the San Francisco Bay Area Committee to Celebrate the End of British Colonialism in Hong Kong. Sponsors Supervisors Teng, Yee, Bierman, Katz, Newsom, Brown. File 6-97-130, Resolution No. 651-97 (July 7, 1997 - Introduced in Board for consideration on July 14, 1997.) Adopted. In connection with the above item, Supervisors Katz, Newsom, Brown requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Bierman, Brown, Katz, Leal, Teng, Yaki, Yee-7. Absent: Supervisors Ammiano, Kaufman, Medina, Newsom-4. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Virgin Redwood Ban] Ordinance amending Administrative Code Sections 12I.1 through 12I.6 and Section 12I.8 to expand the scope of the tropical hardwood ban to include virgin redwood. Supervisors Katz, Newsom, Bierman presented. Referred to Health, Family and Environment Committee. File 097-97-038. [Appropriation, Mayor, $10,000] Ordinance appropriating $10,000, Mayor, from General Fund Reserve for current services (purchase of stock); companion measure to File 27-97-6. Supervisor Kaufman presented. Referred to Finance Committee with request it be considered at the July 16, 1997 meeting. File 101-97-003. [Appropriation, Port; $4,450,000] Ordinance appropriating $4,450,000, Port, from Harbor Operating Fund Loan Revenue to purchase property for the Caltrans site acquisition project at the Port to complete the land area for the new waterfront ballpark. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at its July 23, 1997 meeting. File 101-97-004. [Parking Restriction, Construction Activity] Ordinance amending Traffic Code Section 33.1A extending the date that this section shall be in effect to June 30, 1998. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 124-97-004. [Criminal Penalties, Housing Code Violations] Draft ordinance amending Housing Code Section 204 to require that all housing code violations be chargeable as misdemeanors. Supervisors Newsom, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 125-97-001. Referred to Board [Grant, District Attorney, $150,000] Resolution amending Resolution No. 1120-96 which authorized the District Attorney to apply for, accept and expend grant funds in the amount of $150,000 made available through the California Office of Criminal Justice Planning (OCJP) for the continued operation of the "Statutory Rape Vertical Prosecution Program" for the ten month period September 1, 1996 through June 30, 1997 by extending the grant period from June 30 to August 30, 1997. Supervisor Kaufman presented. Referred to Board For Adoption Without Committee Reference Calendar July 21, 1997. File 138-96-013.01. [Commend Deputy Sheriffs’ Association] Resolution commending the Deputy Sheriffs’ Association for their dedication to quality education by providing financial assistance to students. Supervisors Teng, Bierman presented. Referred to Board For Adoption Without Committee Reference Calendar July 21, 1997. File 006-97-131. [Commend China Press] Resolution commending the China Press for its outstanding service and commitment in bridging the economic and cultural distance between the U.S. and China and declaring July 11, 1997 as "The China Press Day" in San Francisco. Supervisors Teng, Bierman presented. Referred to Board For Adoption Without Committee Reference Calendar July 21, 1997. File 006-97-132. [Commend "The Songs We Remember" Concert] Resolution commending "The Songs We Remember" concert to promote the cultural and social exchange between the U.S. and China. Supervisor Teng presented. Referred to Board For Adoption Without Committee Reference Calendar July 21, 1997. File 006-97-133. [Tuesday Board Meeting] Resolution urging the Board of Supervisors to hold its regularly scheduled full Board meetings on Tuesdays at 2:00 p.m. and to discontinue current practice of meeting on Mondays at 2:00 p.m. Supervisor Newsom presented. Referred to Rules Committee. File 054-97-008. [All Direction Red Light Intersection] Resolution requesting the Department of Parking and Traffic to consider adding one hundred all direction red light intersections to existing signal light controlled intersections over the course of eight months to one year. Supervisors Leal, Newsom presented. Referred to Board For Adoption Without Committee Reference Calendar July 21, 1997. File 190-97-009.01. Referred to Committee [De Young Museum Relocation] Resolution urging the relocation of the De Young Museum from Golden Gate Park to a downtown location. Supervisors Yaki, Kaufman, Katz, Brown presented. Referred to Economic Development, Transportation and Technology Committee. File 193-97-007.01. [Penalties in Abatement Actions] Resolution urging the Superior and Municipal Courts of the City and County of San Francisco to impose the maximum penalties available in public nuisance abatement actions. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 198-97-002. [Mission Bay South Survey Area] Resolution designating and describing a survey area within the City and County of San Francisco pursuant to the California Community Redevelopment Law referred to as the Mission Bay South Survey Area. Supervisor Brown presented. Referred to Economic Development, Transportation and Technology Committee. File 265-97-001. RequestsforHearings: [Giants Stadium, China Basin] Hearing to consider the storm water controls and sewer overflow reduction at the Giants Stadium, China Basin. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee with request it be considered at its August 14, 1997 meeting. File 161-97-002.02. 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 21, 1997. File 030-97-001.13. [Constituent Liaisons, Board of Supervisors] Substitute motion directing the Clerk of the Board to initiate the process for creating the position of constituent liaison for each member of the Board of Supervisors and directing the Clerk to prepare a supplemental appropriation to fund the position. Supervisors Katz, Ammiano, Teng, Yee, Bierman presented. Referred to Finance Committee. File 069-97-002. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 045-97-065. [Corrine and Clint Moore v. CCSF, et al.] Ordinance authorizing settlement of litigation of Corrine Johnson-Moore and Clint Moore against the City and County of San Francisco by payment of $5,500. (Municipal Court No. 129-660). (City Attorney) Referred to Rules Committee. File 045-97-066. [Devera Petak v. CCSF, et al.] Ordinance authorizing settlement of litigation of Devera Petak against the City and County of San Francisco by payment of $82,500. (Superior Court No. 968-045). (City Attorney) Referred to Rules Committee. File 045-97-067. [Abraham Ramos v. CCSF, et al.] Ordinance authorizing settlement of litigation of Abraham Ramos against the City and County of San Francisco by payment of $10,000. (Superior Court No. 974-763). (City Attorney) Referred to Rules Committee. File 045-97-068. [Evelyn Sell v. CCSF, et a1.] Ordinance authorizing settlement of litigation of Evelyn Sell against the City and County of San Francisco by payment of $33,000. (Superior Court No. 970-988). (City Attorney) Referred to Rules Committee. File 045-97-069. [Candida Roiz, v. CCSF, et al.] Ordinance authorizing settlement of litigation of Candida Roiz against the City and County of San Francisco by payment of $145,000. (Superior Court No. 973-830). (City Attorney) Referred to Rules Committee. File 045-97-070. [John M. Montin v. CCSF, et al.] Ordinance authorizing settlement of litigation of John M. Montin against the City and County of San Francisco by payment of $21,250. (Superior Court No. 978-203). (City Attorney) Referred to Rules Committee. File 045-97-071. [Matthew F. Burke v. CCSF, et al.] Ordinance authorizing settlement of litigation of Matthew F. Burke against the City and County of San Francisco by payment of $30,000. (Superior Court No. 979-618). (City Attorney) Referred to Rules Committee. File 045-97-072. [Juanita Sandoval v. CCSF, et al.] Ordinance authorizing settlement of litigation of Juanita Sandoval against the City and County of San Francisco by payment of $11,500. (Superior Court No. 979-924). (City Attorney) Referred to Rules Committee. File 045-97-073. [Jeane F. Ashton v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jean Ashton against the City and County of San Francisco by payment of $15,000. (Superior Court No. 965-143). (City Attorney) Referred to Rules Committee. File 045-97-074. [Norman Doolittle v. CCSF, et al.] Ordinance authorizing partial settlement of litigation of Norman Patrick Doolittle against the City and County of San Francisco by payment of $11,000, for the property damage claim and not the personal injury claims which are still pending. (Superior Court No. 978-634). (City Attorney) Referred to Rules Committee. File 045-97-075. [Stacy Hill v. CCSF, et al.] Ordinance authorizing settlement of litigation of Stacy Hill against the City and County of San Francisco by payment of $55,000. (Superior Court No. 974-401). (City Attorney) Referred to Rules Committee. File 045-97-076. [Joy Taylor v. CCSF, et al.] Ordinance authorizing settlement of litigation of Joy C. Taylor against the City and County of San Francisco by payment of $35,000. (Superior Court No. 960-156). (City Attorney) Referred to Rules Committee. File 045-97-077. [Leo Graf, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Leo F. Graf against the City and County of San Francisco by payment of $195,000.00 to Leo F. Graf, and $55,000.00 to the San Francisco Newspaper Agency. (Superior Court No. 972-731). (City Attorney) Referred to Rules Committee. File 045-97-078. [Lombardo v. Weatherman and CCSF] Ordinance authorizing settlement of the litigation entitled Lorraine Lombardo v. Joseph Weatherman and the City and County of San Francisco by payment of $35,000 to Lorraine Lombardo and $35,000 to Lorraine Lombardo’s attorney as attorney’s fees and costs. (United States District Court No. C95-2965 MHP) (United States Court of Appeals No. 97-15049). (City Attorney) Referred to Rules Committee. File 106-97-002. [Court Comensation, FY 1997-98] Ordinance setting schedules of compensation and other economic benefits for fiscal year 1997-1998 for certain classifications of persons employed by the Municipal and Superior Court for the City and County of San Francisco. (Municipal Court) Referred to Finance Committee. Resolutions Referred to Committee File 025-97-012. [Prop J Contract, Parking Management Services] Resolution approving the Controller’s certification that parking management services for San Francisco International Airport can practically be performed by private contractor at a lower cost for the year commencing July 1, 1997 than if work were performed by city employees at budgeted levels. (Airport) Referred to Finance Committee. File 038-97-007. [Gift Acceptance] Resolution authorizing the Chief of Police to accept, on behalf of the San Francisco Police Department, the gift of one (1) TRAK Computer System valued at approximately $8,500.00 from Social Tech, Inc. (Police Commission) Referred to Rules Committee. File 048-97-048. [Settlement of Claim, Viulen Kotovskiy] Resolution approving the settlement of the unlitigated claim of Viulen Kotovskiy by payment of $6,500.00. (City Attorney) Referred to Rules Committee. File 048-97-049. [Settlement of Claim, John S. Batanides] Resolution approving the settlement of the unlitigated claim of John S. Batanides by payment of $7,500.00. (City Attorney) Referred to Rules Committee. File 048-97-050. [Settlement of Claim, Thomas R. McAfee] Resolution approving the settlement of the unlitigated claim of Thomas R. McAfee by payment of $10,000.00 (City Attorney) Referred to Rules Committee. File 146-97-006.01. [State Grant, Single System of Care] Resolution authorizing the Department of Public Health, Division of Mental Health to accept and expend a grant of $334,592, from the California State Department of Mental Health to develop a single system of care that is understandable to parents and appropriate to meet the individual needs of children. (Department of Public Health). Referred Health, Family and Environment Committee. File 150-97-002. [State Grant, Pumpout Facilities for Marina] Resolution authorizing the Recreation and Park Department to apply for, accept and expend grant funds of $22,300 from California Department of Boating and Waterways for installation of sanitation equipment at San Francisco Small Craft Harbor. (Recreation and Park Department) Referred to Housing and Neighborhood Services Committee. File 172-97-049. [Dept. of Public Health CCS Program] Resolution authorizing the Director of Public Health to enter into a Contract/Memorandum of Understanding with the University of California (UCSF), in the amount of $44,349 for the provision of staff of California Children Services (CCS) to be stationed on site at the UCSF Medical Center to evaluate patients and provide consultation regarding CCS program eligibility and services; retroactive to July 1, 1997. (Department of Public Health) Referred to Health, Family and Environment Committee. File 172-97-050. [Contract, DPH - University of California] Resolution authorizing the Director of Public Health to enter into a subcontract in the amount of $5,811 with the Regents of the University of California (Berkeley), the primary contractor, to provide data and information for a study of temporal variation in psychiatric utilization to the University of California (Berkeley); retroactive to January 1, 1997. (Department of Public Health) Referred to Housing and Neighborhood Services Committee. File 270-97-003. [Disaster Relief Funds] Resolution authorizing the Director of the Mayor’s Office of Emergency Services or his designee, the Controller and the Chief Assistant Controller to execute and file, on behalf of the City and County of San Francisco, certain documents relating to federal and state financial assistance under the Federal Disaster Relief Act, or federal assistance otherwise available from the President’s Disaster Relief Fund and the State of California Natural Disaster Assistance Act program pertaining to the October 17, 1989 Loma Prieta Earthquake, and rescinding Resolutions 842-90 and 311-92. (Mayor’s Office of Emergency Services) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that City Attorney prepare ordinance amending the zoning map to change the height district of Lot 028 of Assessor’s Block 3531, located in a commercial use district, from 40-X to a 65-B Height District. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Virginia George Blight Sponsor Supervisor Leal. Larry Nelson Sponsor Supervisor Brown. William Berelson Sponsor Supervisor Newsom. File 2-97-28 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:18 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