Board of Supervisors Minutes: August 18, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, August 18, 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 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Noted absent at first roll call: Supervisors Bierman, Leal - 2. Quorum present. Supervisor Leal previously excused. (See supra.) Supervisor Bierman was noted present at 2:04 p.m. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, June 2, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Absent: Supervisors Bierman, Leal-2. SPECIALORDER2:00P.M. RecommendationsofFinanceCommittee Adopted as Amended [Ballot Argument, Water System Reliability/Seismic] Motion authorizing Ballot Argument in favor of Proposition A, relating to revenue bonds in an amount not to exceed $157,000,000 for water system reliability and seismic safety improvements. Sponsor Supervisor Yaki. File 60-97-4.1 Supervisor Yaki, seconded by Supervisor Teng, moved to amend ballot argument, page one, line two by deleting the word "With" and inserting "Without". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Adopted [Ballot Argument, Safe Drinking Water Bonds] Motion authorizing Ballot Argument in favor of Proposition B, relating to revenue bonds in an amount not to exceed $147,000,000 for safe drinking water improvements. Sponsor Supervisor Yaki. File 60-97-5.1 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. RecommendationsofRulesCommittee Adopted [Ballot Argument, Safety Employees Retirement] Motion authorizing proponent’s Ballot Argument in favor of Proposition C, a Charter amendment concerning safety employees retirement (police/fire buy back agreement). Sponsor Supervisor Katz. File 257-97-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Ballot Argument] Motion authorizing proponent’s Ballot Argument in favor of Proposition D, a Charter amendment concerning the Board of Supervisors’ approval of sale or lease of real property. Sponsor Supervisor Kaufman. File 256-97-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Ballot Argument, Youth Commission] Motion authorizing proponent’s Ballot Argument in favor of Proposition E, a Charter amendment relating to creation of staggered terms for members, certification of removal of members, allowing for compensation, amending quorum and voting requirements, giving non-exclusive authority to conduct programs related to children and youth, authorizing Commission recommendation of applicants and deletion of obsolete material. Sponsor Supervisor Newsom. File 255-97-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Ballot Argument, Sale of Top of Mt. Davidson Land] Motion authorizing proponent’s Ballot Argument in favor of Proposition F, an Ordinance approving the sale of .38 acres at the top of Mt. Davidson Park. Sponsors Supervisors Brown, Teng. File 60-97-6.1 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [MOU, Local 790 Bargaining Unit SC4] Ordinance adopting and implementing the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Local 790, and the City and County for Bargaining Unit SC4, to be effective for the period July 1, 1997 through June 30, 2000; providing for ratification of action previously taken. (Department of Human Resources) File 93-97-47, Ordinance No. 330-97 (Fiscal Impact.) Finally passed. [Patient Rates for DPH Services, FY 1997-98] Ordinance amending Health Code, fixing patient rates for services furnished by City and County healthcare institutions; authorizing retroactively the effective date of July 1, 1997. (Department of Public Health) File 118-97-3, Ordinance No. 332-97 (Amends Section 128.) Finally passed. [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 Administrative Code. Sponsor Supervisor Leal. File 172-97-47, Ordinance No. 336-97 Finally passed. Adopted [Award of Management Agreement] Resolution confirming award of the Management Agreement for the operation of the St. Mary’s Square Garage and the 16th & Hoff Garage, to Parking Concepts, Inc./Daja, Inc. (Real Estate Department) File 47-97-3, Resolution No. 776-97 Adopted. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Finally Passed [Bayshore-Hester Special Use District] Ordinance amending Planning Code to create the "Bayshore-Hester Special Use District"; to amend the "Neighborhood Commercial Shopping Center" use table and to include, within said "Bayshore-Hester Special Use District" only, a "Motel" within the definition of "Hotel, Tourist" pursuant to Section 101 of Planning Code and adopting findings pursuant to Section 101.1; companion measure to File 36-97-4. (Planning Department) File 115-97-10, Ordinance No. 331-97 (Planning Commission Resolution No. 14375 adopted May 22, 1997, approving amendments to the text of Planning Code and to Zoning Map.) (Certificate of Determination of Exemption-Exclusion from Environmental Review as a general rule exclusion dated April 1, 1997.) (Adds Section 780.2; amends Sections 713, 713.55 and 790.46.) Finally passed. [Zoning Map Amendment, Bayshore Blvd/Hester Avenue] Ordinance adopting changes in property use classification as amendment to the Zoning Map of property located at 2011 Bayshore Boulevard, with additional frontage on Hester Avenue, Lots 3, 10 and 11 in Assessor’s Block 5054A, from NC-S (Neighborhood Commercial Shopping Center District) to the Bayshore-Hester Special Use District and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 115-97-10. (Planning Department) File 36-97-4, Ordinance No. 329-97 (Planning Commission Resolution No. 14375 adopted May 22, 1997, approving amendments to the text of Planning Code and to Zoning Map.) (Certificate of Determination of Exemption-Exclusion from Environmental Review as a general rule exclusion dated April 1, 1997.) Finally passed. [Parking Restriction, Construction Activity] Ordinance amending Traffic Code, extending the date that regulation concerning vehicular or pedestrian traffic and parking prohibited or restricted in certain cases residential and neighborhood commercial areas shall be in effect to June 30, 1998. Sponsor Supervisor Yaki. File 124-97-4, Ordinance No. 333-97 (Amends Section 33.1A.) Finally passed. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Stop Intersections] Resolution designating certain intersections as "Stop" intersections. (Housing and Neighborhood Services) File 18-97-6, Resolution No. 768-97 (StopSigns-Establish Crisp and Quesada Avenues, northwest and southeast corners, stopping Crisp Avenue (makes this uncontrolled intersection a 2-way Stop); Wildwood Way and Eastwood Drive, northwest and southeast corners, stopping Eastwood Drive (makes this uncontrolled intersection a 2-way Stop); Wildwood Way and Westwood Drive, northwest and southeast corners, stopping Westwood Drive (makes this uncontrolled intersection a 2-way Stop).) Adopted. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Neighborhood Services) File 19-97-5, Resolution No. 769-97 (10-MinuteParkingTimeLimit,7a.m.-9a.m.and3p.m.-6p.m., SchoolDays-Establish Oak Street, north side, between Gough and Franklin Streets. NoParking,7a.m.-9a.m.and3p.m.-6p.m.,SchoolDays- Establish Hickory Street, south side, between Gough and Franklin Streets. 20-MinuteParkingTimeLimit-Establish Christmas Tree Point Road, entire north side, east of Twin Peaks Boulevard. GreenZoneTimeExtension(6p.m.-9p.m.,Mondaythrough Saturday;and9a.m.-9p.m.,Sunday)-Rescind 251 Balboa Street, south side, from 4th Avenue to 22 feet easterly (22-foot zone). NoParkingAnytime-Establish Belgrave Avenue, south terminus, from the south curb in front of #1 Belgrave Avenue to 20 feet northerly (20-foot zone). NoParkingAnytime-Rescind Cesar Chavez Street, north side, from Mississippi Street to a point 202 feet west of Indiana Street; Cesar Chavez Street, south side, from the extension of the west property line of Mississippi Street to 3rd Street; Oak Street, north side, from Ashbury Street to 200 feet easterly (200-foot zone). NoParkingAnytime-Rescind Tow-Away,NoParking,12a.m.-5a.m.Everyday-Establish Jennings Street, east side, between Cargo Way and Evans Avenue. NoParkingAnytime-Rescind Tow-Away,NoParkingAnytime-Establish Carmelita Street, south terminus, south of Waller Street (adjacent to the Duboce Park steps); Juniper Street, west side, from Folsom Street to south terminus; Truett Street, both sides, from Mason Street to west terminus. Tow-Away,NoParkingAnytime-Establish Kearny Street, south terminus, south of Francisco Street. One-HourParkingTimeLimit,7a.m.-6p.m.,ExceptSunday- Rescind Taraval Street, both sides between 29th and 30th Avenues (1900 block). One-HourParkingTimeLimit,7a.m.-6p.m.,ExceptSunday- Rescind Two-HourParkingTimeLimit,7a.m.-6p.m.,ExceptSunday- Establish Peter Yorke Way, both sides, between Geary Expressway and Post Street. ParkingMeterAreaNo.3(1-HourParkingTimeLimit,9a.m.-6 p.m.,MondaythroughSaturday)-Establish Willow Street, north side, between Larkin and Polk Streets. 10-MinuteParkingTimeLimit,3p.m.-6p.m.,Everyday-Establish Willow Street, north side, from Polk Street to 100 feet easterly (100-foot zone). Perpendicular(90-DegreeAngle)Parking-Establish Kansas Street, east side, from 20th Street to a point 60 feet south of 19th Street; Vermont Street, east side, between 19th and 20th Streets.) Adopted. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Neighborhood Services) File 19-97-6, Resolution No. 770-97 (NoParking,6a.m.-8a.m.,MondaythroughFriday,Except VehicleswithCarpoolPermits-Rescind NoParking,6a.m.-9a.m.,MondaythroughFriday,Except VehicleswithCarpoolPermits-Establish 4th Street, east side, from Folsom Street to 125 feet southerly (125-foot zone, change in effective hours only). NoParking,6a.m.-8a.m.,MondaythroughFriday,Except VehicleswithCarpoolPermits-Rescind Mabini Street, both sides, between Folsom and Bonifacio Streets. NoParking,6a.m.-9a.m.,MondaythroughFriday,Except VehicleswithCarpoolPermits-Establish Mabini Street, west side, between Folsom and Bonifacio Streets.) Adopted. [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. Sponsor Supervisor Teng. File 20-97-5, Resolution No. 771-97 (BicycleLane-Establish(3-MonthTrialPeriod Stockton Tunnel, east curb lane (northbound only), between Sacramento and Sutter Streets. Mid-BlockCrosswalks-Establish Fillmore Street, approximately 275 feet south of O’Farrell Street (along the extension of the north property line of Ellis Street); Hickory Street, between Gough and Franklin Streets; Oak Street, between Gough and Franklin Streets, in front of #150 Oak Street. NoLeftTurn-Rescind Alemany Boulevard, both directions, at Geneva Avenue. One-WayStreet-Establish Perry Street, westbound, between 3rd and 4th Streets. One-WayStreet-Rescind Clementina Street, eastbound, between 3rd and Kaplan Streets; Clementina Street, eastbound, between 8th and Summer Streets. Tow-Away,NoStoppingAnytime-Rescind Main Street, east side, from Mission Street to 320 feet southerly. Tow-Away,NoStoppingAnytime-Establish Langton Street, east side, from Bryant Street to south terminus; San Jose Avenue, north side, between Alemany Boulevard and DeLong Street; Stanyan Street, west side, from John F. Kennedy Drive to 155 feet southerly (155-foot zone); Sutter Street, south side, from Market Street to 33 feet westerly (33-foot zone between crosswalks, opposite Sansome Street). Tow-Away,NoStopping,7a.m.-9a.m.,MondaythroughFriday- Rescind Franklin Street, east side, between Hayes and Grove Streets. Tow-Away,NoStopping,7a.m.-9a.m.,MondaythroughFriday- Establish Franklin Street, west side, between Page and Fulton Streets. Tow-Away,NoStopping,4p.m.-7p.m.,MondaythroughFriday- Establish 2nd Street, east side, between Brannan and Bryant Streets; 2nd Street, east side, between Bryant and Harrison Streets. MultipleTurnLanes-Establish 2nd Street, northbound, at Harrison Street (within channelized right turn area). NoRightTurn-Establish 2nd Street, northbound, at Harrison Street (from the #2 lane, north of the traffic island). Tow-AwayLaneMustTurnRight-Establish 2nd Street, northbound, at Bryant Street. Tow-Away,NoStopping,3p.m.-7p.m.,MondaythroughFriday- Establish 4th Street, east side, between Harrison and Rizal Streets. Tow-Away,NoStoppingAnytime,ExceptSunday-Rescind Tow-Away,NoStoppingAnytime-Establish Mission Street, north side, from 3rd Street to 310 feet westerly (310-foot zone). BicycleLane-Establish Cesar Chavez Street, north curb lane (westbound), between 3rd Street and Pennsylvania Avenue; Cesar Chavez Street, south curb lane (eastbound), from Tennessee Street to a point 160 feet west of Mississippi Street. LeftLaneMustTurnLeft-Establish Cesar Chavez Street, eastbound, at Minnesota Street. RightLaneMustTurnRight-Establish Cesar Chavez Street, eastbound, at 3rd Street. Tow-Away,NoStoppingAnytime-Establish Cesar Chavez Street, north side, between Mississippi Street and Pennsylvania Avenue; Cesar Chavez Street, south side, from Pennsylvania Avenue to a point 220 feet west of Indiana Street; Cesar Chavez Street, south side, from a point 160 feet west of Mississippi Street to a point 60 feet west of Pennsylvania Avenue.) Adopted. [Residential Parking Area "H", Lakeside Area] Resolution extending the boundaries of Residential Permit Parking Area "H" in the Lakeside Area and adding to the list of streets upon which time limitations shall apply. (Paloma Avenue, between Ocean Avenue and Junipero Serra Boulevard, both sides). Sponsor Supervisor Teng. File 40-97-16, Resolution No. 774-97 Adopted. RecommendationsofRulesCommittee Passed for Second Reading [Beverly Hartley v. CCSF, et al.] Ordinance authorizing settlement of litigation of Beverly Hartley against the City and County by payment of $67,500. (City Attorney) File 45-97-79, Ordinance No. (Superior Court No. 976-268.) Passed for second reading. [Cala Foods, Inc. v. CCSF] Ordinance authorizing settlement of litigation of Cala Foods, Inc. against the City and County by recognizing a reduction of property taxes due by $27,225.58. (City Attorney) File 45-97-80, Ordinance No. (Superior Court No. 980-566.) Passed for second reading. [Maher Abuyaghi v. CCSF, et al.] Ordinance authorizing settlement of litigation of Maher Abuyaghi against the City and County, Richard Quesada, et al. by payment of $8,750. (City Attorney) File 45-97-81, Ordinance No. (Municipal Court No. 127-832.) Passed for second reading. [Anderson Pacific Engineering v. CCSF] Ordinance authorizing settlement of litigation of Anderson Pacific Engineering Construction, Inc. against the City and County for $218,475.97 in unpaid contract earnings, plus interest thereon at 6 percent. (City Attorney) File 45-97-82, Ordinance No. (Superior Court No. 949-549.) Passed for second reading. [Lampkin v. Smith and CCSF] Ordinance authorizing settlement of litigation in the matter of Joycelyn Lampkin v. Benjamin Smith, Beverly Smith and the City and County, by payment of $45,000. (City Attorney) File 45-97-83, Ordinance No. (Superior Court No. 978-808.) Passed for second reading. [Amaral and Olmstead v. CCSF] Ordinance authorizing settlement of litigation of Amaral and Olmstead against the City and County by payment of $59,036.83. (City Attorney) File 45-97-84, Ordinance No. (Alameda County Superior Court No. H 1931477.) Passed for second reading. [Teresa Tse v. CCSF, et al.] Ordinance authorizing settlement of litigation of Teresa Tse against the City and County by payment of $17,500. (City Attorney) File 45-97-86, Ordinance No. (Superior Court No. 974-517.) Passed for second reading. [Radgia Tanago v. CCSF, et al.] Ordinance authorizing settlement of litigation of Radgia Tanago against the City and County by payment of $37,500. (City Attorney) File 45-97-87, Ordinance No. (Superior Court No. 971-763.) Passed for second reading. [Carolyn Reilly v. CCSF, et al.] Ordinance authorizing offer of compromise pursuant to CCP Section 998 in the litigation of Carolyn Reilly v. City and County and Emilio Cruz, in the amount of Forty Thousand Dollars ($40,000), to be paid as wages. (City Attorney) File 45-97-88, Ordinance No. (United States District Court No. C96-3995 WHO.) Passed for second reading. [Settlement of Lawsuits] Ordinance authorizing settlement of litigation of F. W. Spencer & Son, Inc. against the City and County for receipt of $675,000.00. (City Attorney) File 46-97-10, Ordinance No. (Superior Court No. 970-323 consolidated with Superior Court No. 976-322, Superior Court No. 985-305, U.S. District Court Case No. C96-1913 SAW, U.S. District Court Case No. C95-4242 TEH.) Passed for second reading. [Settlement of Unlitigated Claim] Ordinance authorizing settlement of unlitigated claim of the United States Department of Health and Human Services against the City and County by paying the amount of $97,621.64 for Medicare reimbursement. (City Attorney) File 48-97-51, Ordinance No. Passed for second reading. [Settlement of Claim] Ordinance authorizing settlement of the sexual discrimination claims filed by Kathryn How, Leslie Lundgren, Rochelle Campana, Sarah Blain and Sue-Syin Chou in an amount not to exceed One Hundred Six Thousand, One Hundred Thirty-Five Dollars and Forty-Eight Cents ($106,135.48), less applicable taxes and withholdings. (City Attorney) File 48-97-56, Ordinance No. Passed for second reading. Adopted [Waiver of Five-Year Deadline] Resolution authorizing the City Attorney to waive the five-year deadline within which to bring the case, To, et. al. v. City and County of San Francisco et. al., to trial. (City Attorney) File 45-97-85, Resolution No. 775-97 (Superior Court No. 947-274.) Adopted. [Settlement of Claim, Larry Banner] Resolution approving the settlement of the unlitigated claim of Larry Banner by payment of $15,000.00. (City Attorney) File 48-97-52, Resolution No. 777-97 Adopted. [Settlement of Claim, Hensel Phelps Construction Company] Resolution approving the settlement of the unlitigated claim of Hensel Phelps Construction Company by payment of $815,000. (City Attorney) File 48-97-53, Resolution No. 778-97 Adopted. [Settlement of Claim, Annie M. Gloston] Resolution approving the settlement of the unlitigated claim of Annie M. Gloston by payment of $6,091.27. (City Attorney) File 48-97-54, Resolution No. 779-97 Adopted. [Settlement of Claim, Eliot Canick] Resolution approving the settlement of the unlitigated claim of Eliot Canick by payment of $15,000. (City Attorney) File 48-97-55, Resolution No. 780-97 Adopted. [Settlement of Claim, Ruby L. Garner] Resolution approving the settlement of the unlitigated claim of Ruby L. Garner by payment of $8,500.00. (City Attorney) File 48-97-57, Resolution No. 781-97 Adopted. [Settlement of Claim, Geico Insurance Company] Resolution approving the settlement of the unlitigated claim of Geico Insurance Company subrogee of Darwin Tejada by payment of $8,281.83. (City Attorney) File 48-97-58, Resolution No. 782-97 Adopted. [Settlement of Claim, CSAA] Resolution approving the settlement of the unlitigated claim of California State Automobile Association as subrogee of Anita Head by payment of $7,072.19. (City Attorney) File 48-97-59, Resolution No. 783-97 Adopted. [Settlement of Claim, BPBH Housing Corporation] Resolution approving the settlement of the unlitigated claim of BPBH Housing Corporation by payment of $15,000. (City Attorney) File 48-97-60, Resolution No. 784-97 Adopted. [Settlement of Claim] Resolution approving the settlement of unlitigated claim by the Department of Health Services on behalf of the City and County against the Federal Health Care Financing Administration in the amount of $1,672,598. (City Attorney) File 49-97-2, Resolution No. 785-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. REGULARCALENDAR UNFINISHEDBUSINESS FromCommitteeoftheWhole Finally Passed [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). Sponsor Supervisor Yaki. File 151-97-4, Ordinance No. 334-97 (Resolution 14415 dated July 10, 1997, finding amendments to the Rincon Point-South Beach Redevelopment Plan consistent with the General Plan (as proposed to be amended) and, on balance consistent with Planning Code Section 101.1.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Street Vacation, Jurisdictional Transfer] Ordinance ordering the vacation of a portion of Treat Avenue west of Alabama Street and north of 15th Street and transferring jurisdiction from Department of Public Works to Department of Animal Care and Control and adopting findings pursuant to City Planning Code Section 101.1. Sponsor Supervisor Yaki. File 164-97-2.1, Ordinance No. 335-97 (March 14, 1997 - Planning Department indicated the proposed vacation is in conformity with the General Plan,) (Categorically exempt from Environmental Review.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. NEWBUSINESS RecommendationsofFinanceCommittee Adopted [Appropriations Limit, Fiscal Year 1997-98] Resolution establishing the appropriations limit for fiscal year 1997-98 pursuant to California Constitution Article XIII B. (Controller) File 101-97-5, Resolution No. 795-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Passed for Second Reading [Appropriation, Art Commission] Ordinance amending the Annual Appropriation Ordinance for fiscal year 1997-98, Ordinance Number 306-97, adjusting appropriations to meet the requirements of the Art Commission pursuant to Charter Section 16.106. (Controller) File 101-97-7, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Tax Rate Setting, CCSF, FY 1997-98] Ordinance providing revenue and levying taxes for City and County purposes for the fiscal year ending June 30, 1998. (Controller) File 74-97-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Tax Rate Setting, SFUSD, FY 1997-98] Ordinance providing revenue and levying taxes for San Francisco Unified School District purposes for the fiscal year ending June 30, 1998. (Controller) File 74-97-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Passed for Second Reading [Tax Rate Setting, SF Community College, FY 1997-98] Ordinance providing revenue and levying taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 1998. (Controller) File 74-97-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Passed for Second Reading as Amended [Appropriation, Board of Supervisors] Ordinance appropriating $384,905, Board of Supervisors from the General Fund Reserve for salaries and fringe benefits for the creation of eleven (11) positions (8.0 full time equivalent) and the abolishment of one (1) position, for fiscal year 1997-98; companion measure to File 102-97-3. (Controller) File 101-97-9, Ordinance No. Supervisor Ammiano, seconded by Supervisor Newsom, moved to amend page two by adding the following new section: "Section 3. That a good faith effort be made to hire those San Franciscans on public assistance, who face termination or severe reductions in benefits." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Supervisor Newsom, seconded by Supervisor Ammiano, moved to further amend page two by adding the following new section: "Section 4. These positions shall terminate on January 8, 2001." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on the pending ordinance and it was passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Newsom, Teng, Yee-8. Noes: Supervisors Medina, Yaki - 2. Absent: Supervisor Leal-1. [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Annual Salary Ordinance 1997/98, Board of Supervisors, reflecting the creation of eleven (11) positions (Class 1364 Special Assistant V) and the deletion of one (1) position (Class 1361 Special Assistant II); companion measure to File 101-97-9. (Department of Human Resources) File 102-97-3, Ordinance No. (Fiscal Impact.) Supervisor Ammiano, seconded by Supervisor Newsom, moved to amend page two by adding the following new section: "Section 2. That a good faith effort be made to hire those San Franciscans on public assistance, who face termination or severe reductions in benefits." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Supervisor Newsom, seconded by Supervisor Ammiano, moved to further amend page two by adding the following new section: "Section 3. These positions shall terminate on January 8, 2001." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on the pending ordinance and it was passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Newsom, Teng, Yee-8. Noes: Supervisors Medina, Yaki - 2. Absent: Supervisor Leal-1. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. Adopted as Amended [Community Outreach/Constituent Liaison] ((Motion directing the Clerk to seek a Supplemental Appropriation and to take other steps necessary to appoint one Community Outreach/Constituent Liaison for each Supervisor.)) Sponsors Supervisors Katz, Ammiano, Teng, Yee, Brown, Bierman. MotiondirectingtheClerkoftheBoardtoinitiatetheprocessfor creatingthepositionofconstituentliaisonforeachmemberofthe BoardofSupervisors,anddirectingtheClerktopreparea supplementalappropriationtofundthepositions. File 54-97-7 Supervisor Kaufman, seconded by Supervisor Katz, moved an amendment of the whole entitled, "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 positions." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Supervisor Ammiano, seconded by Supervisor Newsom, moved to amend page two, line 5, by adding the following: "Further Moved, That a good faith effort be made to hire, those San Franciscans, on public assistance, who face termination or severe reductions in benefits". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Supervisor Newsom, seconded by Supervisor Ammiano, moved to further amend page two by adding the following sentence: "Further Moved, These positions shall terminate on January 8, 2001." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Supervisor Bierman, seconded by Supervisor Ammiano, moved to further amend to raise the level of salary for this position to the same scale as the Legislative Assistant. After a brief period of discussion, there being no objection, Supervisor Bierman withdrew the motion to amend. The roll was then called on the main motion and it was adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Newsom, Teng, Yee-8. Noes: Supervisors Medina, Yaki - 2. Absent: Supervisor Leal-1. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. The President resumed the Chair. Passed for Second Reading [Environmental Review Actions] Ordinance amending Administrative Code to extend the September 30, 1997, Sunset Clause to June 30, 1998, for environmental review actions, activities and procedures; companion measure to File 115-97-11. (Planning Department) File 97-97-39, Ordinance No. (Amends Chapter 31.) (Excluded from environmental review requirements of the California Quality Act as non-physical project for modification of fee and rate structures). Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Extend Planning Department Fee Sunset Clause] Ordinance amending Planning Code to extend the September 30, 1997 Sunset Clause to June 30, 1998, for Planning Department actions, activities and services; companion measure to File 97-97-39. (Planning Department) File 115-97-11, Ordinance No. (Amends Article 3.5A, Section 539.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Contract, Hazardous Materials Abatement Work] Ordinance amending Administrative Code, providing for the selection of contractors to perform hazardous materials abatement work on public works projects. (Department of Public Works) File 97-97-40, Ordinance No. (Adds Section 6.08.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Debt Service Savings, Refunding Bonds] Ordinance amending Administrative Code to provide for debt service savings test for issuance of certain Refunding Bonds without voter approval. Sponsor Supervisor Leal. File 97-97-41, Ordinance No. (Adds Chapter 78, Sections 78.1 through 78.5.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Equipment Lease Supplement No. 6] Ordinance approving the form of and authorizing execution and delivery by the City and County of an Equipment Lease Supplement No. 6 between the City and County Finance Corporation, as lessor, and the City and County, as lessee, with respect to equipment to be used for City purposes, a related Certificate of Approval and a Continuing Disclosure Certificate; approving the issuance of Lease Revenue Bonds by said nonprofit corporation in an amount not to exceed Fourteen Million Dollars ($14,000,000); providing for reimbursement to the City of certain City expenditures incurred prior to the issuance of Lease Revenue Bonds; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. (Mayor) File 170-97-2, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Adopted [CEQA Findings and General Plan Amendments] Resolution approving amendments to the General Plan in order to approve acquisition of Lot 3 in Assessor’s Block 336 and Lots 5 and 5A in Assessor’s Block No. 3639, by the City and County, to establish a new park in the Tenderloin/north of Market neighborhood and a new park in the Mission District (201 Hyde Street and 23rd and Treat Streets); companion measure to Files 84-97-5, 168-7-2. (Planning Department) File 271-97-8, Resolution No. 802-97 (The amendments were adopted by the City Planning Commission by Resolution No. 14427, and Resolution No. 14429 on July 24, 1997, incorporating by reference findings pursuant to the California Environmental Quality Act as analyzed in the Certificate of Determination/Exclusion from Environmental Review for the amendments to the Recreation and Open Space Element of the General Plan, Files No. 96.332EMR and 97.351EMR.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Property Acquisition, Tenderloin District] Resolution approving and authorizing an agreement for purchase and sale of real property in the Tenderloin District generally described as 201 Hyde Street (Lot 3 in Assessor’s Block 336), for open space purposes and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 271-97-8. Sponsor Supervisor Leal. File 84-97-5, Resolution No. 786-97 (June 12, 1997 - General Rule Exclusion from Environmental Review.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Eminent Domain, Lots 5 and 5A, Block 3639] Motion directing the Board of Supervisors to hold a public hearing on September 22, 1997 at 3:00 p.m. to consider adopting a resolution of necessity in connection with a proposal to acquire by eminent domain Lot Nos. 5 and 5A in Assessor’s Block 3639 (23rd and Treat Streets) in San Francisco for the Open Space Program; companion measure to File 271-97-8. (Real Estate Department) File 168-97-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [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. Sponsors Supervisors Teng, Medina, Newsom. File 148-97-4, Resolution No. 796-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [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) File 150-97-2, Resolution No. 797-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Smart and Final Liquor License Upgrade] Resolution determining that the issuance of a Type 21 off-sale general alcoholic beverage license for Smart & Final #438, located at 355 Bayshore Boulevard, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-23, Resolution No. 799-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Liquor License, 1661 Pine Street] Resolution determining that the issuance of a Type 63 on-sale beer and wine-hospital license to Episcopal Homes Foundation, owner and operator of San Francisco Towers, located at 1661 Pine Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-24, Resolution No. 800-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. (Supervisor Newsom excused from voting in Committee. ) [Liquor License Transfer, 2552 Taylor Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license from Cost Plus located at 2598 Taylor Street to its new location at 2552 Taylor Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-25, Resolution No. 801-97 SupervisorNewsomExcusedfromVoting The Clerk announced that Supervisor Newsom requested to be excused from voting because of possible conflict of interest. Supervisor Yaki, seconded by Supervisor Katz, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Excused: Supervisor Newsom-1. Absent: Supervisor Leal-1. RecommendationsofRulesCommittee Adopted [Appointment] Resolution confirming Mayor’s appointment of Neli Palma to serve as a member of the Redevelopment Commission. (Mayor) File 33-97-4, Resolution No. 772-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointment] Resolution confirming Mayor’s appointment of Kimberly Brandon to serve as a member of the San Francisco Port Commission. (Mayor) File 33-97-5, Resolution No. 773-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointment] Resolution appointing member to the Advisory Council to the Commission on the Aging, term expired, for new two-year term ending March 31, 1999. (Rules Committee) File 92-97-13.2, Resolution No. 787-97 (Adoracion Jimenez, vice Wende Chan, Seat No. 20309.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointment] Resolution appointing Supervisor Michael Yaki to the Association of Bay Area Governments, Executive Board, term expired, for new two-year term ending June 30, 1999. (Rules Committee) File 92-97-31, Resolution No. 788-97 (Vice himself, Seat No. 10301, regular position.) SupervisorYakiExcusedfromVoting The Clerk announced that Supervisor Yaki requested to be excused from voting because of a possible conflict of interest. Supervisor Medina, seconded by Supervisor Teng, moved to excuse Supervisor Yaki from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yee-9. Excused: Supervisor Yaki - 1. Absent: Supervisor Leal-1. [Appointment] Resolution appointing Supervisor Susan Leal to the Association of Bay Area Governments, Executive Board, term expired, for new two-year term ending June 30, 1999. (Rules Committee) File 92-97-31.1, Resolution No. 789-97 (Vice herself, Seat No. 10302, regular position.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointment] Resolution appointing Supervisor Leslie Katz to the Association of Bay Area Governments, Executive Board, term expired, for new two-year term ending June 30, 1999. (Rules Committee) File 92-97-31.2, Resolution No. 790-97 (Vice herself, Seat No. 10303, alternate position.) SupervisorKatzExcusedfromVoting The Clerk announced that Supervisor Katz requested to be excused from voting because of possible conflict of interest. Supervisor Medina, seconded by Supervisor Teng, moved to excuse Supervisor Katz from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Excused: Supervisor Katz - 1. Absent: Supervisor Leal-1. (Supervisor Brown excused from voting in Committee. ) [Appointment] Resolution appointing Supervisor Amos Brown to the Association of Bay Area Governments, Executive Board, term expired, for new two-year term ending June 30, 1999. (Rules Committee) File 92-97-31.3, Resolution No. 791-97 (Vice himself, Seat No. 10304, alternate position.) SupervisorBrownExcusedfromVoting The Clerk announced that Supervisor Brown requested to be excused from voting because of possible conflict of interest. Supervisor Medina, seconded by Supervisor Teng, moved to excuse Supervisor Brown from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. The roll was then called on pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-9. Excused: Supervisor Brown - 1. Absent: Supervisor Leal-1. [Appointment] Resolution appointing member to the Veterans Affairs Commission, for unexpired portion of four-year term ending January 31, 2001. (Rules Committee) File 92-97-33, Resolution No. 792-97 (Veronika Cauley, vice John S. Griswold, Seat No. 23802, at-large, deceased.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointments] Resolution appointing members to the Adult Day Health Care Planning Council, terms expired. (Rules Committee) File 92-97-37.1, Resolution No. 793-97 (Joan Slaughter, vice herself, Seat No. 20009, age group, for new three-year term ending September 30, 1999; David Ishida, vice Merle Espaldon, Seat No. 20010, Commission on the Aging, for new three-year term ending September 30, 1998; Ann Rovere, vice herself, Seat No. 20015, at-large, for new three-year term ending September 30, 1998.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appointments] Resolution appointing members to the Assessment Appeals Board, terms expiring September 1, 1997, for new three-year terms ending September 4, 2000; all seats require five years of professional experience per Revenue and Tax Code Section 1624. (Rules Committee) File 92-97-38, Resolution No. 794-97 (Alec Lambie, vice himself, Seat No. 21001, Board No. 1, regular position; Robert Reese, vice himself, Seat No. 21005, Board No. 1, hearing officer, alternate position; Hayes Miles, vice himself, Seat No. 21006, Board No. 1, hearing officer, alternate position; Ronald Chun, vice himself, Seat No. 21007, Board No. 2, regular position; JoAnne M. McEachern, vice herself, Seat No. 21010, Board No. 2, hearing officer, alternate position; Owen Brady, vice himself, Seat No. 21013, board No. 2, hearing officer, alternate position.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. SPECIALORDER3:00P.M. Hearing Held [Public hearing] Hearing of persons interested in or objecting to recommendations of the Public Transportation Commission for reduction in frequency of local Saturday service on the 38 Geary from every three or four minutes to every seven or eight minutes. This will permit Municipal Railway to implement 38L Geary Limited service on Saturdays and to increase service from 33rd Avenue west to 48th Avenue and Point Lobos. File 7-97-13 (Filed July 30, 1997.) The privilege of the floor was granted to the following persons: Support: Bob Planthold, Ray, Julienne Fisher, Reggie McCray. There being no one else present who wished to address the Board, the President closed the public hearing. (Only one of the following two resolutions should be Adopted. ) Adopted [Partial Abandonment of 38-Geary Service] Resolution approving partial abandonment of 38-Geary service on Saturdays to facilitate the implementation of 38L Geary Limited service on Saturdays; companion measure to File 7-97-13.1. (Public Transportation Commission) File 7-97-13, Resolution No. 767-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. Tabled [Partial Abandonment of 38-Geary Service] Resolution disapproving partial abandonment of 38-Geary service on Saturdays to facilitate the implementation of 38L Geary Limited service on Saturdays; companion measure to File 7-97-13. (Public Transportation Commission) File 7-97-13.1, Resolution No. Supervisor Yaki, seconded by Supervisor Bierman, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. COMMITTEEREPORTS RecommendationsofFinanceCommittee Passed for Second Reading [Appropriation] Ordinance appropriating $4,000,000, Department of Business and Economic Development, of Neighborhood Development Special Revenue Fund for salaries, fringe benefits, materials and supplies, other contractual services and services of other departments for fiscal year 1997-98, placing $569,307 on reserve. (Controller) File 101-97-10, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Appropriation, Department of Public Works] Ordinance appropriating $1,457,295, Department of Public Works, ($1,189,276 of 1988 Public Library Improvement Bond Interest Earnings and $267,569 of 1990 Earthquake Safety Bond Fund Interest Earnings) for the renovation of the Mission Branch Library for fiscal year 1997-98. (Mayor Willie L. Brown, Jr.) File 101-97-11, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Hotel Tax Allocation, Cultural Center] Ordinance amending Municipal Code, Part III, to change the special purpose allocations of hotel tax revenues from percentages to specific dollar amounts, to adjust each allocation annually by the rate of growth or loss in total hotel tax revenues (subject to a ten percent cap) and to change the source of funds for the cultural center allocation. Sponsor Supervisor Kaufman. File 127-97-6.1, Ordinance No. (Amends Section 515.01.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. [Reward Authorization] Ordinance authorizing payment of reward in the amount of $5,000 to Doe One. (Mayor’s Criminal Justice Council) File 155-97-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Leal-1. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Gilbert Criswell, term limits for City Attorney; Leboriae P. Smoore, police brutality; Jesus Gumban, employment issue; Ray, Civil Service Commission Salary Survey and Certification of Wage Schedules for transit operators for fiscal year 1997-98; Louise Vaughn, black males incarcerated; Pat Langdell, support keeping de Young Museum in Golden Gate Park; Constance Kuruppu, Oakland serial rapist. 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 [March on Washington 34th Anniversary] Resolution welcoming the national Rainbow Coalition’s March to commemorate the 34th Anniversary of the March on Washington. Sponsors Supervisors Teng, Brown, Medina, Katz, Bierman, Ammiano, Newsom. File 6-97-141, Resolution No. 761-97 (August 11, 1997 - Introduced in Board for consideration on August 18, 1997.) Adopted. In connection with the above item, Supervisor Newsom requested to be added as co-sponsor. [Commendation] Resolution commending the Greater Geary Boulevard Merchants and Property Owners Association, Inc. on its annual luncheon. Sponsors Supervisors Teng, Kaufman, Medina, Newsom, Brown, Katz, Bierman. File 6-97-142, Resolution No. 762-97 (August 11, 1997 - Introduced in Board for consideration on August 18, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Medina, Newsom, Brown, Katz, Bierman requested to be added as co-sponsors. [Commend Japanese Cultural/Community Center] Resolution commending the Japanese Cultural and Community Center of Northern California for its outstanding contributions to the Japanese Community and the City of San Francisco and declaring August 15, 1997 as "JCCCNC Day" in San Francisco. Sponsors Supervisors Teng, Yaki, Bierman, Kaufman, Medina, Brown, Katz. File 6-97-143, Resolution No. 763-97 (August 11, 1997 - Introduced in Board for consideration on August 18, 1997.) Adopted. In connection with the above item, Supervisors Kaufman, Medina, Brown, Katz requested to be added as co-sponsors. [Bad Check Enforcement Program] Resolution authorizing the District Attorney to enter into an agreement with National Revenue Corporation to conduct a bad check enforcement program pursuant to State law, and declaring that sufficient funds are available to fund such a program. Sponsors Supervisors Kaufman, Medina, Newsom, Teng, Katz, Bierman. File 172-97-056, Resolution No. 798-97 (August 11, 1997 - Introduced in Board for consideration on August 18, 1997.) Adopted. In connection with the above item, Supervisors Medina, Newsom, Teng, Katz, Bierman 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 30-97-1.15 (August 11, 1997 - Introduced in Board for consideration on August 18, 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, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-1. IMPERATIVECALENDAR 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 resolutions being considered at this time are purely commendatory. Supervisor Teng, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Brown Act Finding] Motion that the Board finds by roll call 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 Teng, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Imperative Resolutions] Adopted [Commendation] Resolution recognizing the fifth anniversary of the My Favorite Cop Program and commending the participants in Operation Dream for their contributions to the City and County of San Francisco. File 006-97-145, Resolution No. 764-97 Supervisors Kaufman, Newsom presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Commendation] Resolution commending Judy Griffin on her retirement from the San Francisco Juvenile Probation Department. File 006-97-146, Resolution No. 765-97 Supervisors Medina, Kaufman, Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Commendation] Resolution recognizing the courageous efforts of Mr. Frederick Sutton. File 006-97-147, Resolution No. 766-97 Supervisors Medina, Newsom, Kaufman, Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Zoning Map Amendment] Ordinance amending the Zoning Map for property located within that portion of Assessor’s Block 3531 which is bounded by Thirteenth Street, South Van Ness Avenue, Fourteenth Street, and Mission Street to change the Height and Bulk District classification from a 40-K to a 65-B Height and Bulk District, and adopting findings pursuant to Planning Code 101.1. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 036-97-005. Referred to Board [Embarcadero-Lower Market Redevelopment Project] Ordinance amending Ordinance No. 301-59, as amended, which approved the Redevelopment Plan for the Embarcadero-Lower Market (Golden Gateway) Project Area by further amending said Plan to merge the Embarcadero-Lower Market (Golden Gateway) Project Area into a Merged Redevelopment Project consisting of the South of Market Earthquake Recovery Redevelopment Project Area, the Embarcadero-Lower Market (Golden Gateway) Project Area and the Federal Office Building Redevelopment Project Area; companion measure to Files 161-97-8, 73-97-2. Supervisors Kaufman, Yaki presented. Referred to Board Committee of the Whole September 22, 1997, Special Order at 3:00 p.m. File 073-97-001. [South of Market Earthquake Recovery Project] Ordinance amending Ordinance No. 234-90, as amended, which approved the Redevelopment Plan for the South of Market Earthquake Recovery Redevelopment Project Area by further amending said Plan to merge the South of Market Earthquake Recovery Redevelopment Project Area into a Merged Redevelopment Project consisting of the Embarcadero-Lower Market (Golden Gateway) Redevelopment Project Area, the South of Market Earthquake Recovery Redevelopment Project Area and the Federal Office Building Redevelopment Project Area; companion measure to Files 161-97-8, 73-97-1. Supervisors Kaufman, Yaki presented. Referred to Board Committee of the Whole September 22, 1997, Special Order at 3:00 p.m. File 073-97-002. [Federal Office Building Redevelopment Plan] Ordinance approving and adopting the Redevelopment Plan for the Federal Office Building Redevelopment Project Area and merging said Plan with the Embarcadero-Lower Market (Golden Gateway) Redevelopment Project Area and the South of Market Earthquake Recovery Redevelopment Project Area; companion measure to Files 73-97-1, 73-97-2. Supervisors Kaufman, Yaki presented. Referred to Board Committee of the Whole September 22, 1997, Special Order at 3:00 p.m. File 161-97-008. Referred to Committee [Appropriation, S.F. Community College District] Ordinance appropriating $35,000, San Francisco Community College District, from the General Fund Reserve for other professional services to allow the Community Health Service to provide HIV testing services, for fiscal year 1997-98. Supervisors Ammiano, Teng, Brown, Bierman, Katz presented. Referred to Finance Committee. File 101-97-014. Referred to Board [Commendation] Resolution recognizing Congregation Emanu-el the Faith Community for their work with the Headwaters Sanctuary Project and commending them for their commitments to the environment and to the preservation of the ancient Headwaters Forest. Supervisors Kaufman, Brown, Katz presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-144. [Commendation] Resolution commending George Soros and The Open Society Institute for the one million dollar donation to the San Francisco Tides Foundation to administer grants for needle exchange. Supervisors Newsom, Ammiano presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-148. [Commendation] Resolution congratulating the Northern California Chinese Press Association on the occasion of its founding. Supervisors Teng, Kaufman presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-149. [Commendation] Resolution commending the Asian Business League of San Francisco and declaring September 6, 1997 as "Asian Business League Day" in the City and County of San Francisco. Supervisors Teng, Katz, Kaufman presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-150. [Commendation] Resolution commending Stephen V.R. Spaulding, III for his exceptional leadership and commitment to the San Francisco Zoological Society and its surrounding community. Supervisor Yaki presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-151. [Commendation] Resolution recognizing the bison paddock volunteers in Golden Gate Park for their work in ensuring the health and welfare of the bison in Golden Gate Park. Supervisor Yee presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 006-97-152. [Presidio Toxic Cleanup] Resolution supporting a program of environmental remediation of hazardous substances, pollutants and contaminants at the Presidio and urging the Department of the Army to remediate the toxic contamination at the Presidio. Supervisors Yaki, Bierman presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 013-97-028. [Welfare Reform Law, Disabled Children] Resolution urging members of Congress and President Clinton to reevaluate the new regulations contained in the 1996 Welfare Reform Law that denies supplemental security income to certain disabled children. Supervisor Yee presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 013-97-029. [Contracting Out City Services] Resolution concurring with the Controller’s certification that assistance to certain victims of crime and education in community anti-street violence can be practically performed by a private contractor for a lower cost than similar work services performed by City and County employees. Supervisor Katz presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 025-97-013. [Gift Acceptance] Resolution authorizing the acceptance on behalf of the City and County of the gift of the Bay Area Video Coalition to make the logistical arrangements for the City’s Interactive Media Week and Summit. Supervisor Katz presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 038-97-010. [Bilingual Education] Resolution supporting the use of bilingual education by the San Francisco Board of Education to meet the educational needs of limited-English proficient students in the City and County of San Francisco. Supervisors Teng, Bierman presented. Referred to Board For Adoption Without Committee Reference Calendar August 25, 1997. File 211-97-005. Referred to Committee [Window Bar Safety Funding] Resolution urging the Building Inspection Commission to direct the Director of Building Inspection to identify sources of funds, including but not limited to the Code Enforcement Rehabilitation Fund, to be used to enable low income homeowners and tenants to install releasable window bars and doors in their homes. Supervisors Newsom, Katz, Kaufman presented. Referred to Finance Committee. File 228-97-002. [Fresh Start Farms Funding] Resolution urging the City and County to establish a pilot program that will re-establish Fresh Start Farms as a City program whose mission will be to train and employ homeless and low income San Franciscans. Supervisors Newsom, Kaufman, Katz, Brown, Medina, Yaki, Ammiano, Bierman presented. Referred to Finance Committee. File 268-97-001. RequestsforHearings: [Emergency Housing] Hearing to consider the impact on housing needs caused by the recent fires in San Francisco to include but not be limited to plans of the owners of the damaged buildings to rebuild, what type of help is available for temporary housing, report from Mayor’s Office of Housing on what assistance the non-profit organizations can provide and whether Treasure Island can be used for emergency shelter for no more than 90 days. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee with request it be considered at the September 18, 1997 meeting. File 107-97-003. Motions: Referred to Committee [Rebuttal Argument, Proposition A] Motion authorizing rebuttal to opponent’s ballot argument against Proposition A, relating to revenue bonds in an amount not to exceed $157,000,000 for water system reliability and seismic safety improvements. Clerk of the Board. Referred to Finance Committee. File 060-97-004.02. [Rebuttal Argument, Proposition B] Motion authorizing rebuttal to opponent’s ballot argument against Proposition B, relating to revenue bonds in an amount not to exceed $147,000,000 for safe drinking water improvements. Clerk of the Board. Referred to Finance Committee. File 060-97-005.02. [Rebuttal Argument, Proposition F] Motion authorizing rebuttal to opponent’s ballot argument against Proposition F, an ordinance approving the sale of .38 acres at the top of Mt. Davidson park. Clerk of the Board. Referred to Rules Committee. File 060-97-006.02. [Rebuttal Argument, Proposition E] Motion authorizing rebuttal to opponent’s ballot argument against Proposition E, a Charter amendment relating to creation of staggered terms for members, certification of removal of members, allowing for compensation, amending quorum and voting requirements, giving non-exclusive authority to conduct programs related to children and youth, authorizing commission recommendation of applicants and deletion of obsolete material. Clerk of the Board. Referred to Rules Committee. File 255-97-003. [Rebuttal Argument, Proposition D] Motion authorizing rebuttal to opponent’s ballot argument against Proposition D, a Charter amendment concerning the Board of Supervisors’ approval of sale or lease of real property. Clerk of the Board. Referred to Rules Committee. File 256-97-003. [Rebuttal Argument, Proposition C] Motion authorizing rebuttal to opponent’s ballot argument against Proposition C, a Charter amendment concerning safety employees retirement (police/fire buy back agreement). Clerk of the Board. Referred to Rules Committee. File 257-97-003. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 102-97-004. [Annual Salary Ordinance Amendment] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Department of TeleCOMMUNICATION s and Information Services, reflecting the creation of seven (7) positions (Class 1369 (1), Class 1370 (1), Class 1372 (3), Class 1375 (1), Class 1376 (1); companion measure to File 101-97-8. (Department of Human Resources) Referred to Finance Committee. Resolutions Referred to Committee File 010-97-010. [Encroachment Permit, California Pacific Medical] Resolution granting revocable permission to California Pacific Medical Center to construct two (2) four-inch PVC oxygen pipes in Maple Street between California Pacific Medical Center properties at 3700 California Street (Block 1016, Lot 1) and 3698 California Street (Block 1017, Lot 28) and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 027-97-009. [Federal Grant - Airport] Resolution authorizing Airport Commission to file application, accept and expend grant of $10,701,632.00 from Federal Aviation Administration for assistance in improvements at the Airport (A.I.P. No. 97-01). (Airport Commission) Referred to Finance Committee. File 038-97-009. [Gift Acceptance] Resolution authorizing the Department of Public Health AIDS Office, to accept a gift valued at $131,000 from the Microsoft Corporation, to provide software for the computerized client registration system called, "Reggie". (Department of Public Health) Referred to Rules Committee. File 146-97-016. [Acceptance/Expenditure of State Grant Funds] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for 1997-98. (Department of Public Health) Referred to Health, Family and Environment Committee. File 172-97-055. [Vehicular Access Rights, 25th/Clipper Sts.] Resolution authorizing the sale and exchange of vehicular access rights (modification of covenants, conditions, and restrictions) along Clipper Street to J.C. General Contracting Company, authorizing the Director of Property to execute an agreement for such sale and exchange, and adopting findings pursuant to City’s General Plan and Planning Code Section 101.1. (Also see File 37-97-4.2) (Real Estate Department) (Planning Commission Motion 14377, adopted 5/22/97.) Referred to Finance Committee. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Edison Jones, Sr. (By the full Board) Gertrude Shaffer Sponsor Supervisor Katz. File 2-97-33 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:54 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