Board of Supervisors Minutes: September 27, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, September 29, 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 Pro Tempore Gavin Newsom and then President Barbara Kaufman presiding. CALLINGTHEROLL In the absence of President Kaufman, the meeting was called to order at 2:02 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee-10. Noted absent at first roll call: Supervisor Kaufman - 1. Quorum present. Supervisor Kaufman was noted present at 2:10 p.m. ElectionofPresidentProTempore Following roll call of attendance by the Clerk, Supervisor Bierman, seconded by Supervisor Brown, moved that Supervisor Newsom be appointed President Pro Tempore. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee - 10 Absent: Supervisor Kaufman - 1. SuspensionoftheRules CommendationsPresented Supervisor Teng, seconded By Supervisor Yaki, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to present commendations to recipients of the Emmy for Outstanding Informational or Cultural Program. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee - 10 Absent: Supervisor Kaufman - 1 Supervisor Teng presented commendations to Sokly Ny and Spencer Nakasako co-directors of "aka Don Bonus" a film which was awarded an Emmy for Outstanding Informational or Cultural Program. Also present was Louvella Lee, Executive Director of the Vietnamese Youth Development Center and Eddie Wong, Executive Director of the National Asian American TeleCOMMUNICATION s Association. CONSENTCALENDAR Severedfrom CONSENTCALENDAR Supervisor Yee requested that the following measure be severed from the Consent Calendar and considered separately. RecommendationofFinanceCommittee Finally Passed [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. 369-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki-9. Noes: Supervisor Yee - 1. Absent: Supervisor Kaufman-1. The Board resumed its consideration of the following items on the Consent Calendar. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 368-97 Finally passed. Adopted [Prop J Contract, Airport Information Booth Program] Resolution approving the Controller’s certification that airport information booth services at San Francisco International Airport can be practically performed by private contractor at a lower cost than if work were performed by City employees at presently budgeted levels. (Airport) File 25-97-14, Resolution No. 894-97 Adopted. [Federal Grant, Department of Health/Human Services] Resolution authorizing the Department of Public Health, Public Health Division, Emergency Medical Services Agency (EMSA), to retroactively apply for and accept and to expend a grant in the amount of $350,000 from the Department of Health and Human Services to provide for the development of a Metropolitan Medical Strike Team to respond to the potential use of nuclear, biological, or chemical weapons by terrorists; waiving indirect costs and providing for ratification of action previously taken. (Department of Public Health) File 146-97-20, Resolution No. 897-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Newsom, Teng, Yaki, Yee-10. Absent: Supervisor Kaufman-1. President Barbara Kaufman took the chair. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationofFinanceCommittee Passed for Second Reading [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.) (September 22, 1997 - Consideration continued to September 29, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. FromCommitteeoftheWhole Adopted [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. 895-97 (September 22, 1997 - Consideration continued to September 29, 1997.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-10. Absent: Supervisor Teng-1. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Passed for Second Reading [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, Yaki. File 121-97-6, Ordinance No. (Amends Section 21.) (September 22, 1997 - Consideration continued to September 29, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Noes: Supervisor Leal-1. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [Grants - Application, Accept/Expend Procedures] Ordinance amending Administrative Code, authorizing Department Heads to apply for Federal, State or other grants and changing procedures for the acceptance and expenditure of grants. Sponsors Supervisors Kaufman, Medina. File 97-97-42, Ordinance No. (Amends Sections 10.170 through 10.170-3.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Settlement Authority - Claims/Litigation] Ordinance amending Administrative Code, by increasing the allowance of settlement from $5,000 to $25,000 of unlitigated claims, litigation, and claims in favor of the City and County; requiring quarterly reports. Sponsors Supervisors Kaufman, Medina. File 97-97-43, Ordinance No. (Amends Sections 10.20-9, 10.21, 10.22, 10.22-2, and 10.24.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [State Disability Insurance] Ordinance amending Administrative Code, authorizing the Human Resources Director to enroll qualifying employee classifications into the State Disability Insurance program without further approval of the Board of Supervisors. Sponsors Supervisors Kaufman, Medina. File 97-97-45, Ordinance No. (Adds Section 16.9-31.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Passed for Second Reading as Amended [Repeal Regulatory Fee, Temporary Relocation] Ordinance amending Administrative Code, to provide that the Department of Public Health will directly pay for the costs of temporarily relocating families with lead poisoned children, and deleting that portion that provided that costs of short term relocation for families with lead poisoned children and associated administrative costs be paid for by the fees collected pursuant to Administrative Code Chapter 73. Sponsor Supervisor Kaufman. File 97-97-49, Ordinance No. (Fiscal Impact.) (Amends Sections 72.1 through 72.4; and 72.6 Supervisor Leal, seconded by Supervisor Bierman, moved to amend the title to make clerical corrections to line 3 by adding "72.2" and to line 4 by adding "72.6". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Passed for Second Reading [Repeal Fee, Lead Hazard Abatement Program] Ordinance amending Administrative Code by repealing Chapter 73, to delete regulatory fee to cover reasonable costs incurred by the Department of Public Health in administering the childhood lead hazard abatement program and the costs of temporarily relocating families with lead poisoned children. Sponsor Supervisor Kaufman. File 97-97-50, Ordinance No. (Repeals Sections 73.1 through 73.9.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Repeal Fund, Lead Abatement] Ordinance amending Administrative Code by repealing Section 10.117-116 to delete the Relocation Assistance and Lead Administration Fund into which regulatory fees to provide for the costs of relocation assistance and administration incurred in the remediation of lead hazards in residential units occupied by a lead poisoned child could be deposited; companion measure to Files 97-97-49 and 97-97-50. Sponsor Supervisor Kaufman. File 97-97-51, Ordinance No. (Repeals Sections 10.117-116.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Taxation, Domestic Partner Owned Business] Ordinance amending Municipal Code, Part III, to provide that whenever a spousal unit is treated as a single person, a domestic partnership shall likewise be treated as a single person. Sponsors Supervisors Leal, Ammiano, Newsom, Bierman, Kaufman, Teng, Brown, Medina, Katz. File 127-97-8, Ordinance No. (Adds Section 1002.8.5.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. At the request of the President, Supervisor Yaki assumed the Chair. Adopted as Amended [Rule on Subject Hearings] Motion amending the Rules of Order of the Board of Supervisors by amending Rule 2.10 in order to increase the effectiveness of hearings to consider subject matter, when legislation is not available to the public. Sponsors Supervisors Kaufman, Medina. File 56-97-4 (Pursuant to Rule 4.39, requires two-thirds vote.) Supervisor Katz, seconded by Supervisor Teng, moved to amend page two, line 2 after the word "accomplish" add totheextentpossible. Motion to amend adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee - 3. Adopted as amended by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee - 3. The President resumed the Chair. Adopted [Rule on Skeletal Charter Amendments] Motion amending the Rules of Order of the Board of Supervisors by amending Rule 2.33.1 in order to increase the effectiveness of consideration of proposed Charter amendments to be submitted to the public. Sponsors Supervisors Kaufman, Medina. File 56-97-5 (Pursuant to Rule 4.39, requires two-thirds vote.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Federal Grant, Youth Gangs Drug Prevention Program] Resolution authorizing retroactively, the Chief of Police to apply for, accept and expend funds in the amount of Two Hundred Twenty Thousand Dollars ($220,000.00) for a project known as "Youth Gangs Drug Prevention Program (Community Schools Grant)." Sponsor Supervisor Leal. File 143-97-4, Resolution No. 896-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [City-Wide Grafffiti Abatement Program] Resolution urging the Department of Public Works to establish a city-wide Graffiti including inscription/etching, Abatement Program and urging the Probation Department to require adults convicted for defacing property, as part of their probation, to perform community service by participating in the Graffiti, including inscription/etching, Abatement Program through community service. Sponsors Supervisors Teng, Bierman, Medina, Kaufman. File 200-97-6, Resolution No. 898-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Anti-graffiti and Hate Crimes Program] Resolution creating the Anti-Graffiti and Hate Crimes Program, that the program be led by the Taraval Station Police Captain and report to the Housing and Neighborhood Services Committee, and that the program be a pilot program; urging the Art Commission, Youth Commission and the Unified School District to develop an art project to encourage young people to express their artistic endeavors and to sponsor an anti-graffiti poster contest; and urging the Police Department to appoint an Asian American officer to the Special Investigation Bureau, Hate Crimes Unit. Sponsors Supervisors Teng, Yee, Katz, Newsom, Ammiano, Brown, Bierman, Leal, Medina, Kaufman. File 207-97-5, Resolution No. 900-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Graffiti Clean-Up] Resolution urging the Juvenile Probation Department to direct that juveniles convicted for defacing property be required, as part of their probation, to perform community service by cleaning the graffiti, including inscription/etching, from buildings and objects in a four-block area in the vicinity of the graffiti vandalism. Sponsors Supervisors Teng, Leal, Medina, Kaufman. File 214-97-3, Resolution No. 901-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Liquor License Transfer, 1706 Church Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license to Cecilia de Leon for Stelling’s Market from its current location at 1700 Church Street to 1706 Church 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 223-97-29, Resolution No. 902-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. ConferencewithClerkoftheBoard-Personnel Adopted Motion that the Board of Supervisors convene in closed session for the purpose of discussing the performance, at his request, of a public employee, the Clerk of the Board of Supervisors, Legislative Administrator and City Clerk, John L. Taylor, as authorized by Government Code Section 54957. Supervisor Medina, seconded by Supervisor Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Recess The Board recessed at the hour of 2:53 p.m. to convene in closed session. The Board reconvened at 3:18 p.m. CALLINGTHEROLL On call of the roll, the following supervisors were noted present: Ayes: Supervisors Ammiano, Bierman, Brown, Kaufman, Medina, Newsom, Teng, Yaki, Yee - 9. Noted Absent: Katz, Leal - 2. Quorum present. ReportonClosedSession Adopted Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Yaki, seconded by Supervisor Newsom, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. SPECIALORDER3:00P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to decision of Planning Commission by its Motion No. 14439, dated August 7, 1997, approving Conditional Use Application No. 97.307C, for conditional use authorization to install six panel antennas on the roof and a base transceiver station in the basement of the existing apartment as part of a wireless COMMUNICATION s network in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District, pursuant to Section 209.6(b) of the Planning Code, on property located at 1501 Lincoln Way, southwest corner at 16th Avenue; Lot 1 in Assessor’s Block 1734. File 37-97-5 (Appeal filed September 8, 1997.) (Categorically exempt from the environmental review process pursuant to Class exemptions of Title 14 of the California Administrative Code.) (Pursuant to Government Code Section 65009, the following notice is hereby given: If you challenge this appeal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors (401 Van Ness Avenue, Room 308; San Francisco, CA 94102.) at, or prior to, the public hearing.) The following persons were sworn in and granted the privilege of the floor: Appellant: Ellie Nelson, John Bardis, Selma Phoebe Cohen, Margaret Huff, Mun Yung, George Robertson, Edith McMillan, Arose Simpson, Ramona Albright, Margaret Burgess, Margie Marks, Walter Johnson, Ed Rossario, Cheryl Little Deer, Giselle Quezada. Respondents: Mary Gallagher, representing the Planning Department, Heinz Lumpp. A rebuttal period was allowed. The President then declared the hearing closed. Consideration Continued (Only one of following two motions should be Adopted. ) [Zoning Appeal, 150l Lincoln Way] Motion approving decision of the Planning Commission by its Motion No. 14439, approving Conditional Use Application No. 97.307C, on property located at 1501 Lincoln Way, southwest corner at 16th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 37-97-5.1 Supervisor Ammiano, seconded by Supervisor Brown, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Zoning Appeal, 150l Lincoln Way] Motion disapproving decision of the Planning Commission by its Motion No. 14439, approving Conditional Use Application No. 97.307C, on property located at 1501 Lincoln Way, southwest corner at 16th Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 37-97-5.2 Supervisor Ammiano, seconded by Supervisor Brown, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 97.307C, on property located at 1501 Lincoln Way, southwest corner at 16th Avenue, for action by the Board at its next meeting. File 37-97-5.3 Supervisor Ammiano, seconded by Supervisor Brown, moved to continue consideration to October 6, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. SPECIALORDER3:00P.M. Consideration Continued [Public Hearing] Hearing of persons interested in or objecting to the decision of the Director of Public Works dated August 21, 1997, approving Tentative Subdivision Map for St. Francis Bay, a 19-lot subdivision as a Planned Unit Development for Lots 88 and 90 in Assessor’s Block 4991, north and east of Executive Park Boulevard and Harney Way in the South Bayshore area. File 59-97-3 (Appeal filed September 2, 1997.) Supervisor Teng, seconded By Supervisor Yaki, moved to continue consideration to October 14, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. FromtheClerk (Only one of the following two motions should be Adopted. ) Consideration Continued [Subdivision] Motion approving decision of the Director of Public Works, approving Tentative Subdivision Map for St. Francis Bay, a 19-lot subdivision as a Planned Unit Development for Lots 88 and 90, in Assessor’s Block 4991, of property located at north and east of Executive Park Boulevard and Harney Way in the South Bayshore Area. File 59-97-3.1 Supervisor Teng, seconded By Supervisor Yaki, moved to continue consideration to October 14, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Subdivision] Motion disapproving decision of the Director of Public Works, approving Tentative Subdivision Map for St. Francis Bay, a 19-lot subdivision as a Planned Unit Development for Lots 88 and 90, in Assessor’s Block 4991, of property located at north and east of Executive Park Boulevard and Harney Way in the South Bayshore Area. File 59-97-3.2 Supervisor Teng, seconded By Supervisor Yaki, moved to continue consideration to October 14, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Findings] Motion directing the Clerk of the Board to prepare findings relating to Tentative Subdivision Map for St. Francis Bay, a 19-lot subdivision as a Planned Unit Development for Lots 88 and 90, in Assessor’s Block 4991, of property located at north and east of Executive park Boulevard and Harney Way in the South Bayshore Area for consideration by the Board at its next meeting. File 59-97-3.3 Supervisor Teng, seconded By Supervisor Yaki, moved to continue consideration to October 14, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. COMMITTEEREPORTS Reports from committees, if any, recommending emergency or urgent measures. FromRulesCommittee (The following item will be considered by the committee at a rescheduled meeting on Thursday, September 25, 1997 at 10 a.m. The Chair intends to request the committee to send the following item to the Board as a committee report.) Adopted [Appointment] Resolution confirming the appointment of Ron Freebairn-Smith as an alternate member of the San Francisco Bay Conservation and Development Commission. Sponsor Supervisor Bierman. File 92-96-10.1, Resolution No. 882-97 (vice Rebecca Evans, Seat No. 10602.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee-10. Absent: Supervisor Newsom-1. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, constituencies left out in establishing city policy; Jesus Gumban, discrimination in school district; Leboraie Smoore, police brutality and the court system. 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. SeveredFromForAdoptionWithoutCommitteeReferenceCalendar Supervisor Teng requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Rules Committee [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. Sponsor Supervisor Teng. File 55-97-3, Resolution No. (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) At the request of Supervisor Teng, referred to Rules Committee. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Clean Water Day] Resolution declaring October 14, 1997 as "Clean Water Day" in San Francisco. Sponsors Supervisors Kaufman, Katz, Bierman, Leal, Brown. File 4-97-41, Resolution No. 883-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Leal, Brown requested to be added as co-sponsors. [Domestic Violence Awareness Month] Resolution declaring October 1997 as Domestic Violence Awareness Month in the City and County of San Francisco. Sponsors Supervisors Kaufman, Teng, Katz, Bierman, Leal, Brown. File 4-97-42, Resolution No. 884-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Leal, Brown requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Teng, Katz, Bierman, Leal, Brown. File 6-97-161, Resolution No. 886-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Leal, Brown requested to be added as co-sponsors. [Commendation] Resolution commending the Taraval-Parkside Association in honor of its Twenty-Second Annual Merchants Association Senior Dance on September 28, 1997. Sponsors Supervisors Teng, Kaufman, Leal, Brown, Katz. File 6-97-162, Resolution No. 887-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Leal, Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Leal, Brown, Katz. File 6-97-163, Resolution No. 888-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Brown, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Katz, Bierman, Leal, Brown. File 200-97-8, Resolution No. 899-97 (September 22, 1997 - Introduced in Board for consideration on September 29, 1997.) Adopted. In connection with the above item, Supervisors Leal, Brown 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 30-97-1.17 (September 22, 1997 - Introduced in Board for consideration on September 29, 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-2. 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 [Serious Injury Finding] Motion that the Board finds by roll call vote that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Yaki, seconded by Supervisor Bierman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolution(s) being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Yaki, seconded by Supervisor Medina, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yaki, Yee-9. Absent: Supervisors Leal, Newsom-2. [Imperative Resolutions] Adopted [Lesbian/Gay/Bisexual/Transgender History Month] Resolution recognizing the month of October 1997 as Lesbian and Gay, Bisexual, Transgender History Month in San Francisco. File 004-97-043, Resolution No. 885-97 Supervisor Ammiano 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. [Commend Felicitas and Gonzalo Mendez] Resolution recognizing Felicitas and Gonzalo Mendez on the 50th Anniversary of their landmark court victory which ended segregation of Latino children in California public schools. File 006-97-164, Resolution No. 889-97. Supervisors Medina, Leal 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. [Recognizing the Carmelites] Resolution recognizing the Carmelite Sisters of the Monastery of Cristo Rey on the occasion of their observance of the 100th Anniversary of the death of St. Therese Martin of Lisieux. File 006-97-165, Resolution No. 890-97 Supervisor Medina 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. [Commending the University of San Francisco] Resolution commending the University of San Francisco on the occasion of the 5th Anniversary of their Martyrs of El Salvador Project. File 006-97-166, Resolution No. 891-97 Supervisor Medina 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. [Commend St. Boniface Church] Resolution commending St. Boniface Church as a place of respite, peace and beauty, and making October 4, 1997 "Save St. Boniface Church Day" in the City and County of San Francisco. File 006-97-167, Resolution No. 892-97 Supervisors Medina, Bierman, Brown 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. [Commending Natalie Engmann] Resolution commending Natalie Engmann, 1997 San Francisco County National Multiple Sclerosis Society Read-A-Thon Champion. File 006-97-168, Resolution No. 893-97 Supervisor Bierman 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. [Treasure Island Firefighters-Temporary Hiring] Resolution approving pursuant to Government Code Section 53270, the temporary provisional hiring of civilian firefighters terminated from their jobs by closure of Treasure Island Naval Base, for a period not to exceed sixty days from and retroactive to the date of termination from federal employment, at the same basic wage rate and hours of their current federal employment, except that these employees shall not receive any benefits, including but not limited to, retirement, premiums, vacation pay, sick pay, holiday pay and jury duty pay, and provided that said civilian firefighters shall be supervised in the performance of their duties at all times by officers of the San Francisco Fire Department and shall be entitled to Workers’ Compensation Benefits as provided under state law for public safety employees. File 244-97-005, Resolution No. 881-97. Supervisor Yaki 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 [Project Notice] Ordinance amending Administrative Code by adding Chapter 79, entitled "Pre-Approval Notice For Certain City Projects," requiring that all city departments, officers, boards and commissions provide public notice of proposed city projects, as defined, that involve new construction, a change in use or significant expansion of an existing use. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee. File 097-97-058. [Polluting Garden and Construction Equipment] Ordinance amending Administrative Code by adding Sections 4.14 and 21.18-6, restricting the use of polluting garden and utility equipment on poor air quality days and prohibiting the future purchase of such equipment except under specified circumstances. Supervisor Leal presented. Referred to Health, Family and Environment Committee. File 097-97-059. [Lead Paint-Exterior Work Practices] Ordinance amending Building Code by adding new Chapter 36 establishing requirements governing activities that disturb or remove painted surfaces containing lead-based paint on the exterior of any residential, commercial, or public building, or steel structure. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 114-97-002. [Lead Contamination-Non-Housing Sites] Ordinance amending Health Code by amending Section 1625 to establish requirements for the evaluation and control of lead hazards at vacant non-housing sites. Supervisor Bierman presented. Referred to Health, Family and Environment Committee. File 118-97-005. [Tobacco Advertising and Promotion] Ordinance amending Police Code by adding Section 674 to prohibit the outdoor advertising and promotion of cigarettes and other tobacco products in publicly visible locations near schools, parks, playgrounds and recreation centers or facilities. Supervisor Brown presented. Referred to Health, Family and Environment Committee. File 121-97-008. Referred to Board [a.k.a. Don Bonus Day] Resolution commending Spencer Nakasako, Sokly Ny, the National Asian American TeleCOMMUNICATION s Association and the Vietnamese Youth Development Center; and declaring September 29, 1997 as "a.k.a. Don Bonus Day" in the City and County of San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-169. [Commending Juma Ventures] Resolution commending Juma Ventures on their success in training and employing Bay Area youth. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-170. [Commending World War II Veterans] Resolution commending the Veterans of the 100th-442nd MIS for their tremendous courage during World War II. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-171. [Commending Gustavo Aguilar] Resolution commending Gustavo Aguilar for his commitment to bilingual education, and his courage in raising concerns about the Oakland Unified School District’s Bilingual Education Program. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-172. [Commending Sojourner Truth Center] Resolution commending Sojourner Truth Family Resource Center on its grand opening. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-173. [Commending Judge Little and Judge Tang] Resolution commending Judge Donna Little and Judge Julie Tang for their courage, commitment and hard work in creating and implementing a Domestic Violence Court in San Francisco. Supervisor Kaufman presented. Referred to Board of Adoption Without Committee Reference Calendar October 6, 1997. File 006-97-174. [Supporting H.R. 2135] Resolution urging the U.S. Congress to pass H.R. 2135, the International Tobacco Responsibility Act of 1997, which would prohibit any employee or agency of the federal government from promoting the export of cigarettes or other tobacco products and bar them from attempting to reduce foreign restrictions on the advertising, manufacture, packaging, taxation, sale or distribution of tobacco products. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 013-97-030. [Semi-Annual City-Wide Cleanup Day] Resolution supporting the Department of Public Works, the Mayor’s Office, other City and County of San Francisco agencies, the private business sector, and community organizations to form a task force to organize a semi-annual city-wide cleanup day that will include litter removal and street cleaning and designating November 8, 1997 as the first Semi-Annual City-Wide Cleanup Day, establishing it as the policy of the City and County of San Francisco to organize a Semi-Annual Cleanup Day. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar October 6, 1997. File 043-97-004. Referred to Committee [Renaming Dale Place as Continuum Way] Resolution renaming Dale Place, in its entirety, "Continuum Way" in honor of Continuum HIV Day Services’ innovation and dedication serving those living with HIV disease or AIDS. Supervisor Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 075-97-002. [Disparity Study of Employment of Local Residents] Resolution urging the Human Rights Commission to conduct a disparity study regarding employment of local residents by certain construction contractors who contract with the City and County of San Francisco in order to determine their current utilization of local residents. Supervisor Kaufman presented. Referred to Finance Committee. File 108-97-005. [Contract-Intergovernmental Agreement] Resolution authorizing the Human Rights Commission Executive Director to enter into an agreement with the Housing Authority of the City and County of San Francisco to make available to the Housing Authority affirmative action/contract compliance/employment expertise and services. Supervisor Brown presented. Referred to Housing and Neighborhood Services Committee. File 206-97-008. RequestsforHearings: File 206-97-009. [Transfer of Housing Authority To City] Hearing to consider the transfer of the Housing Authority from HUD back to local control, specifically as it relates to the problem of racially and ethnically motivated violence at Housing Authority developments. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee. File 207-97-012. [Implementation of Proposition 215] Hearing to consider the problems and issues associated with the San Francisco Police Department’s implementation of the voter mandated Proposition 215. Supervisor Ammiano presented. Referred to Housing and Neighborhood Services Committee. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 045-97-108. [Juanita Rieloff v. CCSF, et al.] Ordinance authorizing settlement of litigation of Juanita Rieloff against the City and County of San Francisco by payment of $6,500. (Superior Court No. 975-694). (City Attorney) Referred to Rules Committee. File 045-97-109. [Anne Kenney v. CCSF, et al.] Ordinance authorizing settlement of litigation of Anne Kenney against the City and County of San Francisco by payment of $7,500. (Municipal Court No. 135-371). (City Attorney) Referred to Rules Committee. File 097-97-029. [Delinquency Prevention Commission] Ordinance amending Administrative Code by repealing Sections 20.50, 20.51, and 20.52, to dissolve the Delinquency Prevention Commission, and by repealing Section 10.117-104, to close the Friends of the Delinquency Prevention Commission Special Fund. (Clerk of the Board) Referred to Rules Committee. File 101-97-021. [Appropriation, Airport] Ordinance appropriating $23,190,287, Airport Commission, of various Bond Fund balances to the Airport, for capital improvement projects for fiscal year 1997-98. RO #97113. (Controller) Referred to Finance Committee. Resolutions Referred to Committee File 047-97-004. [Parking Rate Changes, Sutter-Stockton Garage] Resolution approving the amendment of parking rates at the Sutter-Stockton Garage. (Department of Parking and Traffic) Referred to Finance Committee. File 048-97-070. [Settlement of Claim, Nancy J. Danard] Resolution approving the settlement of the unlitigated claim of Nancy J. Danard by payment of $20,000.00. (City Attorney) Referred to Rules Committee. File 048-97-071. [Settlement of Claim, David Wilson/Joann Sacca] Resolution approving the settlement of the unlitigated claim of David Wilson and Joann Sacca by payment of $15,000.00. (City Attorney) Referred to Rules Committee. File 048-97-072. [Settlement of Claim, Lloyd Eakins/S. Szentmiklossy] Resolution approving the settlement of the unlitigated claim of Lloyd Eakins/S. Szentmiklossy by payment of $6,500. (City Attorney) Referred to Rules Committee. File 048-97-073. [Settlement of Claim, Reginald Oliver] Resolution approving the settlement of the unlitigated claim of Reginald Oliver by payment of $52,000. (City Attorney) Referred to Rules Committee. File 048-97-074. [Settlement of Claim, State Farm Insurance] Resolution approving the settlement of the unlitigated claim of State Farm Insurance(Roake) by payment of $5,200. (City Attorney) Referred to Rules Committee. File 064-96-007.01. [Lease Amendment, 30 Van Ness Avenue] Resolution authorizing an amendment to a lease of real property at 30 Van Ness Avenue, San Francisco, for the Department of Human Services. (Real Estate Department) Referred to Finance Committee. File 064-96-021.01. [Lease Amendment, 1540 Market Street] Resolution authorizing an amendment to lease of real property at 1540 Market Street for the Offices of Emergency Medical Services, Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 064-97-014. [Lease Amendment, 30 Van Ness Avenue] Resolution authorizing an amendment to a lease of real property at 30 Van Ness Avenue, San Francisco, for the Department of Human Services. (Also see File 64-95-13). (Real Estate Department) Referred to Finance Committee. File 064-97-015. [Lease of Property at 2299 Market Street] Resolution authorizing a lease of real property at 2299 Market Street, San Francisco (The AIDS/HIV Life Center), for the Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 172-97-061. [Calaveras Reservoir Stream Release Agreement] Resolution approving a Memorandum of Understanding between the San Francisco Public Utilities Commission and the California Department of Fish and Game regarding release of water from Calaveras Reservoir. (Public Utilities Commission) Health, Family and Environment Committee. File 172-97-062. [Contract with Golden Gate Genealogy] Resolution authorizing the Chief Probation Officer to enter into a contract with Golden Gate Genealogy for the procurement of assets bequeathed to the Youth Guidance Center. (Juvenile Probation) Health, Family and Environment Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Yee, that letter be sent to the Human Rights Commission asking for a review of the recently released 1996 Audit of Violence Against Asian Pacific Americans and preparation of a report on its findings. By Supervisor Yee, that letter be sent to the Human Rights Commission to inquire into the alleged acts of employment discrimination on the basis of race at United Parcel Service. By Supervisor Ammiano, that letter be sent to the Port Commission requesting a response to neighbors complaints regarding noise produced by the take off and landing of the sea plane at Pier 39. By Supervisor Ammiano, that letter be sent to the Environment Commission requesting a review of the new Air Quality Element of the City’s General Plan and requesting Commission forward any proposed amendments to the Director of Planning for his review and consideration. By Supervisor Ammiano, that letter be sent to the Director of Public Health requesting a review of the potential health impacts of diesel exhaust, with a specific focus on MUNI workers and on residents in the immediate vicinity of MUNI’s diesel bus storage and maintenance facilities and along heavily traveled diesel bus lines such as the 38 Geary Line. By Supervisor Ammiano, that letter be sent to the Mayor and appropriate City Departments urging them to provide whatever assistance is appropriate to San Francisco’s Sister City, Assisi, Italy in coping with the impact of the recent earthquake. By Supervisor Leal, that letter be sent to all Department Heads requesting each department affirm, in writing, departmental compliance with Charter Section 9.115 and Administrative Code Section 3.14 regarding the adequacy of departmental budgets to meet service levels as approved in the 1997-98 Budget. Response requested by October 15, 1997. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Richard Swig (By the entire Board) Frieda Schwartz Sponsor Supervisor Katz. File 2-97-34 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:29 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