Board of Supervisors Minutes: September 22, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, September 22, 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 Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Noted absent at first roll call: Supervisors Bierman, Medina, Newsom, Yee - 4. Quorum present. SupervisorsBierman,Medina,NewsomandYeeExcused The Clerk stated Supervisors Bierman, Medina, Newsom and Yee requested to be excused from attending today’s meeting. Supervisor Ammiano, seconded By Supervisor Yaki, moved to excuse Supervisors Bierman, Medina, Newsom and Yee from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee - 4. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Teng, moved that the Journals of Proceedings for Monday, June 30 and July 7, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. CONSENTCALENDAR RecommendationofFinanceCommittee Adopted [Lease of Property at 1372 Mission Street] Resolution authorizing the renewal of an existing lease of real property at 1372 Mission Street, San Francisco, for the Department of Public Health. (Real Estate Department) File 64-97-13, Resolution No. 875-97 Adopted. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [Gift Acceptance] Resolution accepting the collection of historical artifacts in the Treasure Island Museum from the United States Navy. Sponsor Supervisor Kaufman. File 38-97-5, Resolution No. 873-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. REGULARCALENDAR NEWBUSINESS RecommendationsofFinanceCommittee Adopted [China Basin Ballpark - Off-Site Parking Lease] Resolution approving and authorizing a ground lease agreement between the City and County, through its Port Commission, as landlord, and China Basin Ballpark Company LLC, as tenant, concerning the lease of real property located at Seawall Lot 337 and bounded generally by Terry A. Francois Boulevard, Mission Rock Street and Third Street, for the purpose of constructing and operating a surface parking lot to serve the new ballpark for the San Francisco Giants; adopting environmental findings pursuant to the California Environmental Quality Act; adopting findings that the lease is consistent with the City’s General Plan and eight priority policies of City Planning Code Section 101.1; and ratifying prior acts. (Port) File 262-97-7, Resolution No. 880-97 SupervisorKaufmanExcusedfromVoting The Clerk announced that Supervisor Kaufman requested to be excused from voting because of a possible conflict of interest. Supervisor Yaki, seconded by Supervisor Ammiano, moved to excuse Supervisor Kaufman from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Leal, Teng, Yaki-6. Excused: Supervisor Kaufman-1. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. Passed for Second Reading [Appropriation, Department of Public Health] Ordinance appropriating $10,665,000, Department of Public Health, from the sales of the bond fund proceeds for the purchase of building located at 2789 25th Street (CMED Building), for fiscal year 1997-98, placing $1,066,000 on reserve. (Mayor) File 101-97-17, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Leal, Teng, Yaki-6. Absent: Supervisors Bierman, Kaufman, Medina, Newsom, Yee-5. [Appropriation, Recreation and Park Department] Ordinance appropriating $25,105,000, Recreation and Park Department, of 1992 Golden Gate Park Infrastructure Bond Fund proceeds for the reconstruction of park water supply and other utilities and features for fiscal year 1997-98, placing $16,968,000 on reserve. (Mayor) File 101-97-13, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Leal, Teng, Yaki-6. Absent: Supervisors Bierman, Kaufman, Medina, Newsom, Yee-5. Consideration Continued [Regulation of Lobbyists] Ordinance amending Administrative Code to: Broaden the definition of City officers to include members of the Board of Education, Community College Board, Housing Authority, Redevelopment Agency, and Transportation Authority; increase lobbyist registration fees to $300 from $35; increase lobbyist client fees to $50 from $15; increase late filing fees to $25 per day from $10 per day; and provide that whenever a lobbyist is required to report the salary of an employee who is also an officer of the City and County, the lobbyist need only disclose whether the total salary payment was less than or equal to $250, greater than $250 but less than or equal to $1,000, greater than $1,000 but less than or equal to $10,000, or greater than $10,000. (Ethics Commission) File 97-97-35, Ordinance No. (Amends Sections 16.523, 16.524, and 16.526.) Supervisor Ammiano, seconded By Supervisor Yaki, moved to continue consideration to September 29, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. The President resumed the Chair. Adopted [General Obligation Refunding Bonds] Resolution amending and restating Resolution No.93-94, which authorized the issuance of City and County of San Francisco General Obligation Refunding Bonds in one or more series in an aggregate principal amount not to exceed $600,000,000. (Mayor Willie L. Brown, Jr., Supervisors Leal, Teng) File 170-94-1.2, Resolution No. 857-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Federal Grant - Airport] Resolution authorizing Airport Commission to file application, and 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), placing $8,561,632 on reserve. (Airport Commission) File 27-97-9, Resolution No. 870-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Emergency Repair, Jersey Street Sewer Replacement] Resolution approving retroactively the expenditure of funds for the emergency work to replace the structurally inadequate sewer on Jersey Street between Diamond and Douglass Streets - $129,611.15. (Public Utilities Commission) File 28-97-4, Resolution No. 871-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Emergency Repair, 33rd Avenue Sewer Replacement] Resolution approving retroactively the expenditure of funds for the emergency work to replace the structurally inadequate sewer on 33rd Avenue between Cabrillo and Fulton Streets - $204,870. (Public Utilities Commission) File 28-97-6, Resolution No. 872-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Lease of Property at 1540 Market Street] Resolution authorizing the lease of real property at 1540 Market Street, Suites 160 and 190, for the Department of the Environment; subject to certain conditions. (Real Estate Department) File 64-97-8, Resolution No. 874-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Golden Gate Park Stables Inc. Lease Amendment] Resolution approving a First Amendment to the lease between the City and County and the Golden Gate Park Stables, Inc. for the management and operation of the public stables in Golden Gate Park, which amendment clarifies the first paragraph of the lease; adds definitions of several terms; grants the Recreation and Park Commission authority to amend the lease, with the exception of material changes that modify the legal description of the leasehold premises, increase the term of the lease, decrease the rent, decrease the financial value of the required improvements, increase the City’s liabilities, or decrease the City’s revenue; and adds new provisions required under City ordinance. (Recreation and Park Department) File 65-97-11, Resolution No. 876-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Vehicular Access Rights, 25th/Clipper Streets] 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. (Real Estate Department) File 172-97-55, Resolution No. 878-97 (Planning Commission Motion 14377, adopted May 22, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Consideration Continued as Amended [Alcohol Consumption] Ordinance amending Police Code, to exempt from prohibition the consumption of alcohol at prescribed areas and times for which permission has been granted by the Department of Public Works pursuant to Article 5.2 of the Public Works Code, as set forth herein and urging other official action in connection therewith. Sponsors Supervisors Newsom, Kaufman, Medina, Teng, Ammiano, Bierman. File 121-97-6, Ordinance No. (Amends Section 21.) Supervisor Yaki, seconded by Supervisor Teng, moved to amend page two, line 22, after "license" by inserting "or permit". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. Supervisor Leal, seconded By Supervisor Yaki, moved to continue consideration as amended to September 29, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. RequestGranted Supervisor Yaki requested that letter be sent to the Small Business Advisory Commission asking them to review the legislation and report back to the Board by September 29, 1997. No objection and Clerk directed to comply. Adopted [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) File 10-97-10, Resolution No. 868-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Mid-Embarcadero Roadway Project] Resolution approving the final urban design treatment for the Mid-Embarcadero Roadway. (Department of Public Works) File 85-97-5, Resolution No. 877-97 Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to proposed acquisition of Lot Nos. 5 and 5A in Assessor’s Block 3639 (23rd and Treat Streets) by eminent domain for the Open Space Program, and to adopt findings pursuant to City’s General Plan and Planning Code Section 101.1. File 84-97-4 (August 18, 1997 - The Board of Supervisors adopted Resolution No. 802-97 which approved amendments to the General Plan and incorporated by reference CEQA findings exempting this project from environmental review.) (Exempt Status: General Rule Exclusion dated June 12, 1997.) The privilege of the floor was granted to the following persons: Speaking in support: Ena Aguirre; Linda Wilson; Shannon Dodge; Josue Guillen. FromFinanceCommitteeWithoutRecommendation Consideration Continued [Acquisition by Eminent Domain, 23rd and Treat] Resolution authorizing acquisition of Lot Nos. 5 and 5A in Assessor’s Block 3639 (23rd and Treat Streets) by eminent domain for the Open Space Program, and to adopt findings pursuant to City’s General Plan and Planning Code Section 101.1. Sponsors Supervisors Leal, Teng. File 84-97-4, Resolution No. Supervisor Leal, seconded By Supervisor Yaki, moved to continue consideration to September 29, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Katz, Kaufman, Leal, Teng, Yaki-6 Absent: Supervisors Bierman, Brown, Medina, Newsom, Yee-5. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. SPECIALORDER3:00P.M. BoardofSupervisorsSittingasaCommitteeoftheWhole Hearing Held [Public Hearing] Hearing of persons interested in or objecting to proposed ordinance adopting the Redevelopment Plan for the Federal Office Building Redevelopment Project Area and proposed amendments to Ordinance No. 301-59 and 234-90 to merge said Redevelopment Plan with the Embarcadero-Lower Market (Golden Gateway) Redevelopment Project Area and the South of Market Earthquake Recovery Redevelopment Project Area; and making findings required under the California Environmental Quality Act (CEQA). Files 161-97-8, 73-97-1, 73-97-2 (Pursuant to Government Code Section 65009, the following notice is hereby given: If you challenge the approvals of the above items in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.) The privilege of the floor was grant to the following persons: Speaking in support: Maria Ciprazo; Terry Nafisi, representing Chief Judge; Jim Haslem; Nathaniel Berkowitz; Norman Onaga; Pamela Duffy; Brett Gladstone. CommitteeoftheWholeRiseandReportWithoutRecommendation Consideration Continued [Federal Office Building Redevelopment Plan] Ordinance approving and adopting the Redevelopment Plan for the Federal Office Building Redevelopment Project Area and merging said Redevelopment Plan with the Embarcadero-Lower Market (Golden Gateway) Redevelopment Project Area and the South of Market Earthquake Recovery Redevelopment Project Area; and making findings required under the California Environmental Quality Act (CEQA). Sponsors Supervisors Kaufman, Yaki. File 161-97-8, Ordinance No. Supervisor Leal, seconded by Supervisor Katz, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Katz, Kaufman, Leal, Teng, Yaki-6. Absent: Supervisors Bierman, Brown, Medina, Newsom, Yee-5. [Embarcadero-Lower Market Redevelopment Project] Ordinance amending Ordinance No. 301-59, which approved the Redevelopment Plan for the Embarcadero-Lower Market (Golden Gateway) Project Area, and ordinances amending said Redevelopment Plan, namely ordinances numbered 208-61, 196-64, 194-64, 123-67, 204-68, 479-76, 476-86, 418-94 and 365-95 by further amending said Redevelopment 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; and making findings required under the California Environmental Quality Act (CEQA). Sponsors Supervisors Kaufman, Yaki. File 73-97-1, Ordinance No. Supervisor Leal, seconded by Supervisor Katz, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Katz, Kaufman, Leal, Teng, Yaki-6. Absent: Supervisors Bierman, Brown, Medina, Newsom, Yee-5. [South of Market Earthquake Recovery Project] Ordinance amending Ordinance No. 234-90, which approved the Redevelopment Plan for the South of Market Earthquake Recovery Redevelopment Project Area, and ordinances amending said Redevelopment Plan, namely ordinances numbered 431-94 and 364-95 by further amending said Redevelopment 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; and making findings required under the California Environmental Quality Act (CEQA). Sponsors Supervisors Kaufman, Yaki. File 73-97-2, Ordinance No. Supervisor Leal, seconded by Supervisor Katz, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Katz, Kaufman, Leal, Teng, Yaki-6. Absent: Supervisors Bierman, Brown, Medina, Newsom, Yee-5. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Leboriae P. Smoore, police brutality, elimination of constitution for poor people; Michael Hillson, increase gasoline cost to finance bicycle lanes in both directions on the Bay Bridge via taxes, rather than oil company profits; Cheryl Little Deer, FCC proposed Rule 18 TeleCOMMUNICATION Sitting; Jesus Gumban, employment discrimination. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE Adopted [Proclaiming Lion of Judah Day] Resolution recognizing the women of the Lions of Judah for their generosity and dedication to the Jewish Community and proclaiming September 25, 1997 as Lion of Judah Day in San Francisco. Sponsors Supervisors Kaufman, Bierman, Katz, Leal. File 4-97-35, Resolution No. 858-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Proclaiming Interactive Media Week and Summit] Resolution declaring the first week of October 1997 Interactive Media Week in the City and County and recognizing the first-ever San Francisco Interactive Media Summit in February 1998. Sponsors Supervisors Katz, Bierman, Leal. File 4-97-36, Resolution No. 859-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Proclaiming Immigrant History Day] Resolution commending the Northern California Coalition for Immigrant Rights for its decade of dedication and service on behalf of immigrants and declaring September 20, 1997 as "Immigrant History Day." Sponsors Supervisors Teng, Bierman, Katz, Leal. File 4-97-37, Resolution No. 860-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Proclaiming Asian Employees Association of PG&E Day] Resolution commending the Asian Employees Association of Pacific Gas and Electric Company for its contributions to the community, its promotion of Asian culture and tradition and declaring September 12, 1997 as "Asian Employees Association of PG&E Day" in the City and County. Sponsors Supervisors Teng, Katz, Leal. File 4-97-38, Resolution No. 861-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Proclaiming Street Artists Day] Resolution commending the Art Commission and its Street Artists Program for their twenty-five year commitment to improving the quality of life for San Francisco and joining with the Art Commission and its Street Artists Program in recognizing and honoring the achievements of the street artists in a celebration of the twenty-fifth anniversary of the Street Artists Program and declaring September 20, 1997 as "Street Artists Day" in the City and County. Sponsors Supervisors Teng, Kaufman, Bierman, Katz, Leal. File 4-97-39, Resolution No. 862-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Proclaiming Juana Briones Day] Resolution honoring Juana Briones as the first woman settler of San Francisco, and commending the Women’s Heritage Museum and the Bay Area Network of Latinas for their efforts to place a state history marker in her honor in Washington Square Park and declaring October 5, 1997 as Juana Briones Day in the City and County. Sponsors Supervisors Leal, Kaufman, Bierman, Katz. File 4-97-40, Resolution No. 863-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [Commending Alpha Phi Alpha Fraternity] Resolution commending the Gamma Lambda Chapter of Alpha Phi Alpha Fraternity for its distinguished record of fifty years of leadership and service in the San Francisco Bay Area. Sponsors Supervisors Brown, Kaufman, Bierman, Katz, Leal. File 6-97-157, Resolution No. 864-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsor. [Commending August Coppola] Resolution commending August Coppola for years of creative vision and leadership. Sponsors Supervisors Bierman, Katz, Leal. File 6-97-158, Resolution No. 865-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Commending the American Red Cross] Resolution recognizing and commending the American Red Cross for their relief efforts to victims of San Francisco residential hotel fires and for ongoing community service. Sponsors Supervisors Newsom, Kaufman, Katz, Leal. File 6-97-159, Resolution No. 866-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Urging State Funding of ABC Personnel] Resolution urging the California State Assembly’s Appropriation Committee and Assemblywoman Carole Migden to appropriate funds to the San Francisco Office of Alcohol Beverage Control to allow for more personnel for enforcement. Sponsors Supervisors Newsom, Kaufman, Bierman, Katz, Leal. File 12-97-29, Resolution No. 869-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [Recycled Unbleached Paper Pilot Program] Resolution requesting the Purchasing Department to provide the Board of Supervisors with a sufficient quantity of unbleached recycled paper to satisfy the Board of Supervisors’ needs for internal paper use for a period of one month. Sponsors Supervisors Newsom, Katz, Leal. File 247-97-2, Resolution No. 879-97 (September 15, 1997 - Introduced in Board for consideration on September 22, 1997.) Adopted. In connection with the above item, Supervisors Katz, Leal 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 Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. 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, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Teng, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. [Imperative Resolutions] Adopted [Commendation] Resolution recognizing the Tenth Anniversary of Ted Lakey’s career as the City Attorney’s liaison to the Board of Supervisors and commending Mr. Lakey for his dedicated service, impeccable legal advice, and many important contributions to the City and County of San Francisco. File 006-97-160, Resolution No. 867-97 Supervisors Kaufman, Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Teng, Yaki-7. Absent: Supervisors Bierman, Medina, Newsom, Yee-4. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Contract Waiver Authority] Substitute ordinance amending Administrative Code Sections 12B.5-1 and 12C.5-1 to authorize the Director of the Human Rights Commission to waive application of Chapters 12B and 12C where there are no qualified responsive bidders or potential contractors that comply with the requirements of those chapters, and for bulk purchasing contracts. Supervisors Katz, Ammiano, Leal, Bierman presented. Referred to Finance Committee. File 097-97-021.02. [Motor Fuel Prices] Ordinance amending Administrative Code by adding Chapter 80, Sections 80.1 through 80.9 to require refiners of motor fuels to divorce company-owned service stations in the City and County of San Francisco, to preclude refiners from owning service stations in San Francisco in the future, and barring discrimination by refiners in the wholesale prices charged to service stations in San Francisco. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 097-97-057. [Appropriation, Treasure Island Brig] Ordinance appropriating $2,100,000, Sheriff Department from General Reserve-Treasure Island Brig to fund the costs associated with staffing, operation and capital improvement of the naval brig on Treasure Island; companion measure to File 102-97-6. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 101-97-020. [Salary Ordinance Amendment, Sheriff] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Sheriff’s Office, reflecting the creation of thirty five (35) new positions and the reclassification of one (1) existing position; companion measure to File 101-97-20. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 102-97-006. [Inscribing Tools] Ordinance amending Police Code by adding Section 4202 prohibiting the sale of scribing tools, window etchers and diamond cutters to minors and prohibiting the display of inscribing tools, window etchers or diamond cutters in an area accessible to the public without employee assistance. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 121-97-007. [Treasure Island and Jail No. 3 Improvements] Ordinance waiving the competitive bidding requirements of Administrative Code Sections 6.01, 6.04 and 6.05 and authorizing the Director of the Department of Public Works and/or the Sheriff to expeditiously enter into contracts for the renovation, furnishing and equipping of the former Navy brig at Treasure Island and repairs to Jail No. 3; companion measure File 101-97-20. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 172-97-064. [Municipal Elections Code] Substitute ordinance enacting the San Francisco Municipal Elections Code, Articles I-IX, to provide rules and procedures for the orderly conduct of Municipal Elections, including rules for nomination of elective officers, submission of measures to the voters, preparation and form of ballots, preparation and form of materials mailed to the voters, and organization of the Ballot Simplification Committee and the Citizens Advisory Committee on Elections; and repealing Administrative Code Sections 5.69 - 5.89, inclusive. Supervisor Leal presented. Referred to Rules Committee. File 269-97-001. Referred to Board [Clean Water Day] Resolution declaring October 14, 1997 as "Clean Water Day" in San Francisco. Supervisors Kaufman, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 004-97-041. [Domestic Violence Awareness Month] Resolution declaring October 1997 as Domestic Violence Awareness Month in the City and County of San Francisco. Supervisors Kaufman, Teng, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 004-97-042. [Commendation] Resolution commending the San Francisco Family Violence Council and its Health Care Subcommittee for developing and publishing the San Francisco Domestic Violence Protocol, which provides guidelines for health care professionals to assist them in improving the quality of care given to patients in San Francisco. Supervisors Kaufman, Teng, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 006-97-161. [Commendation] Resolution commending the Taraval-Parkside Association in honor of its Twenty-Second Annual Merchants Association Senior Dance on September 28, 1997. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 006-97-162. [Commendation] Resolution commending the Golden Gate District of the American Physical Therapy Association for their dedicated efforts in providing healthcare to the citizens of San Francisco and declaring the month of October 1997 as "National Physical Therapy Month" in the City and County of San Francisco. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997 File 006-97-163. [Golden Gate Bridge Song] Resolution supporting adoption of "The Bridge: Golden Gate" to be the official song of the Golden Gate Bridge and urging the Golden Gate Bridge, Highway and Transportation District to adopt "The Bridge: Golden Gate" as the official ballad of the Golden Gate Bridge. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 055-97-003. Referred to Committee [Grant, Police Department] Resolution approving retroactively the application, acceptance and expenditure of a grant awarded by the California Department of Alcohol Beverage Control to the San Francisco Police Department in the amount of $100,000. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 143-97-005. [Street Artists] Resolution designating temporary selling spaces in the downtown area at Harvey Milk Plaza for street artists certified by the Art Commission, City and County of San Francisco, for the holiday season, 1997, beginning on November 15, 1997 and ending on January 15, 1998. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 169-97-001. [Bond Sale, Educational Facilities, $16 Million] Resolution authorizing and directing the sale of not to exceed $16,000,000 City and County of San Francisco General Obligation Bonds (Educational Facilities Bonds, 1997), Series 1997C; prescribing the form and terms of said Bonds; authorizing execution, authentication and registration of said Bonds; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of funds related thereto; approving the forms of official notice of sale of Bonds and notice of intention to sell Bonds; directing the publication of official notice of sale and notice of intention to sell Bonds; approving the form and execution of official statement relating thereto; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority of City officials to take necessary actions in connection therewith the authorization, issuance, sale and delivery of said Bonds; companion measure to File 170-96-12.3. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at the October 1, 1997 meeting. File 170-97-009. [Bond Issuance, Educational Facilities] Resolution providing for the issuance of not to exceed $140,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Educational Facilities Bonds, 1997), including the issuance of an initial series thereof in the aggregate principal amount of not to exceed $16,000,000 and designated as the City and County of San Francisco General Obligation Bonds (Educational Facilities Bonds, 1997), Series 1997C; authorizing the execution, authentication and registration of said Bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of funds related thereto; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds; companion measure to File 170-97-9. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee with request it be considered at the October 1, 1997 meeting. File 170-96-012.03. [Treasure Island, Rubicon Programs Contract] Resolution authorizing and approving a contract with Rubicon Programs Incorporated, a non-profit organization, for maintenance and landscaping services on the Naval Treasure Island without competitive bidding, consistent with Board of Supervisors Resolution No. 672-96, for a term of one year and fee of $850,000; and finding that such services can be performed at a lesser expense than similar work performed by employees of the City and County of San Francisco. Supervisor Yaki presented. Referred to Finance Committee. File 172-97-063. Referred to Board [Chef Walk of Fame] Resolution considering designation of the public sidewalk fronting 625 Polk Street (the California Culinary Academy) on Polk Street as eligible for the installation and maintenance of commemorative plaques, pursuant to Public Works Code Section 789.2(a), in order to honor chefs who have contributed to the culinary heritage of the San Francisco Bay Area, proposing that this area be identified as the "Chef Walk of Fame," and urging official actions in connection therewith. Supervisors Kaufman, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar September 29, 1997. File 200-97-008. [Civil Rights, Vietnamese-American Coalition] Resolution supporting the recommendations of the Vietnamese-American Coalition for Civil Rights; and urging the San Francisco Housing Authority to conduct staff training on the changing demographics of clients they serve, and that a training session be provided for all housing commissioners and appointed officials on the state of the Asian Pacific American Community and their needs; urging the San Francisco Housing Commission to hold a joint hearing to review the progress of the San Francisco Housing Authority’s implementation of the recommendations the Vietnamese-American Coalition for Civil Rights and to report their findings to the Board of Supervisors by December 1, 1997. Supervisors Teng, Brown presented. Referred to Housing and Neighborhood Services Committee. File 206-97-007. RequestsforHearings: [Municipal Railway Safety] Hearing to consider the National Transportation Safety Board’s report on Municipal Railway safety. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 007-97-014. [Suicide Among Sexual Minority Youth] Hearing to consider the public policy implications contained in the recent report indicating an excessively high rate of at-risk behavior for suicide among young gay males. Supervisor Ammiano presented. Health, Family and Environment Committee. File 030-97-017. [HIV Program] Hearing to ascertain the current status of treatment for people living with AIDS/HIV in San Francisco. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 030-97-018. [Market Street Traffic Closure] Hearing to consider various plans to close portions of Market Street to non-commercial traffic, including potential effects on pedestrian and bicycle safety, impacts on area merchants and impacts on Municipal Railway travel times along the closed portions of Market Street. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee. File 190-97-012. [Pedestrian Safety] Hearing to consider the issue of pedestrian safety in San Francisco. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee with request it be considered at the November 6, 1997 meeting. File 190-97-013. [deYoung Museum and California Academy of Science] Hearing to consider access and transportation to the deYoung Museum and California Academy of Sciences. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 193-97-007.03. [Interactive Media Industry Training] Hearing to consider successful factors involved in training disadvantaged youth in the Interactive Media Industry. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee with request it be considered at the October 21, 1997 meeting at 11:00 a.m. File 215-97-006. [Hunters Point Naval Shipyard] Hearing to consider the status of negotiations between the City and County and the Navy over the conveyance of Hunters Point Naval Shipyard and the feasibility of implementing a community-managed clean up program. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 244-97-001.01. Motion: [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 September 29, 1997. File 030-97-001.17. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 045-97-106. [Stephena Waldon v. CCSF, et al.] Ordinance authorizing settlement of the litigation of Stephena Waldon v. City and County of San Francisco, by payment of $110,000. (Also see File 45-97-44) (Superior Court No. 980-230). (City Attorney) Referred to Rules Committee. File 045-97-107. [Delcey Watkins, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Delcey Watkins against the City and County of San Francisco by payment of $12,000. (Superior Court No. 970-359). City Attorney) Referred to Rules Committee. File 101-97-012. [Appropriation, S.F. Unified School District] Ordinance appropriating $22,050,000, Unified School District, of 1994 San Francisco School Bond proceeds for the construction of various San Francisco public schools for fiscal year 1997-98. RO #97072. (Controller) Referred to Finance Committee. File 101-97-019. [Appropriation, Trial Courts] Ordinance appropriating $1,122,757, Trial Courts, of Courthouse Construction Fund balance for other contractual services, professional services, equipment and capital improvement for fiscal year 1997-98. RO #97096. (Controller) Referred to Finance Committee. File 121-96-013.01. [Permit Fees for Tow Car Firms] Ordinance amending Police Code by amending Sections 2.26 and 2.27 to reduce tow car firm license fees. (Police Department) Referred to Finance Committee. Resolutions Referred to Committee File 019-97-008. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. DPT Order No. 1373. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee. File 020-97-007. [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. DPT Order No. 1373. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee. File 027-97-010. [Federal Aviation Administration Lease Renewal] Resolution approving renewal of Lease No. DTFA-08-97-L-17638 between Federal Aviation Administration and City and County of San Francisco, acting by and through its Airport Commission. (Airports Commission) Referred to Finance Committee. File 048-97-069. [Settlement of Claim, Pui Ling Che] Resolution approving the settlement of the unlitigated claim of Pui Ling Che by payment of $46,000. (City Attorney) Referred to Rules Committee. File 065-97-012. [Lease of Property, Hallidie Plaza] Resolution authorizing the lease of real property at Hallidie Plaza for the operation of a coffee concession by Cable Car Coffee Company, Inc. (Real Estate Department) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that letter be sent to Director, Department of Parking and Traffic requesting immediate citywide traffic survey of automobile traffic around schools, senior centers and disabled centers as well as busy intersections in San Francisco; survey of adequacy of stop signs, stop lights and cross walks within a one block radius of every school, senior center, disabled center and busy intersection; and ensure that a crossing guard has been assigned to every school. File 190-97-13. By Supervisor Teng, that letter be sent to Chief of Police requesting report on the department’s enforcement of speeding laws around schools to attest that it is done strictly and to report that it has assigned sufficient staff to address the issue of automobile safety near schools. File 190-97-13. By Supervisors Teng, Leal, that City Attorney draft resolution requesting the State Legislature to double the fines for speeding in school zones. By Supervisor Ammiano, that Budget Analyst be requested to provide a cost analysis of the Central Freeway retrofit plan as provided in Proposition H on the November 1997 ballot. Such analysis should quantify costs (1) resulting from any increased construction time required to retrofit the freeway; (2) to study reopening freeway on/off ramps that have been demolished; (3) cost to construct such on/off ramps; (4) availability of funding for the retrofit plan and potential reconstruction of demolished on/off ramps; and (5) potential impacts of the retrofit plan on area property values and city property tax revenues. By Supervisor Kaufman, that letter be sent to Olivet Missionary Baptist Church congratulating them on their 50th Church anniversary, October 16, 1947-1997. By Supervisor Katz, that letter of inquiry be sent to the San Francisco Redevelopment Agency to determine the feasibility of incorporating a dog run park in the plan for Hunters Point Naval Shipyard. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Dallas Adams Sponsor Supervisor Katz. File 2-97-36 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:10 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