Board of Supervisors Minutes: October 6, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, October 6, 1997 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:01 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Noted absent at first roll call: Supervisor Leal - 1. Quorum present. Supervisor Leal was noted present at 2:02 p.m. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Brown, moved that the Journals of Proceedings for Monday, July 14 and July 21, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Leal, Teng, Yaki, Yee-11. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 391-97 (Amends Sections 10.170 through 10.170-3.) Finally passed. [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. 392-97 (Amends Sections 10.20-9, 10.21, 10.22, 10.22-2, and 10.24.) Finally passed. [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. 393-97 (Adds Section 16.9-31.) Finally passed. [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. 402-97 (Adds Section 1002.8.5.) Finally passed. RecommendationsofHealth,FamilyandEnvironmentCommittee Adopted [Gift Acceptance] Resolution authorizing the Department of Public Health AIDS Office, to accept a gift valued at $131,000 from the Microsoft Corporation, to provide software for the computerized client registration system called, "Reggie". (Department of Public Health) File 38-97-9, Resolution No. 929-97 Adopted. [Joint Licensing Agreement] Resolution authorizing the Department of Public Health AIDS Office to enter into a Joint Licensing Agreement with the San Francisco AIDS Foundation for the development of software for the Client Registration System, called "Reggie". (Department of Public Health) File 172-97-57, Resolution No. 953-97 Adopted. [Acceptance/Expenditure to State Grant Funds] Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for 1997-98. (Department of Public Health) File 146-97-16, Resolution No. 950-97 Adopted. [State Grant, CA. Dept. of Health Services] Resolution authorizing the Department of Public Health to accept and expend retroactively a grant in the amount of $3,884.31, from the California Department of Health Services, to enhance departmental electronic COMMUNICATION capability; providing for ratification of action previously taken and waiving indirect costs. (Department of Public Health) File 146-97-17, Resolution No. 951-97 Adopted. RecommendationsofRulesCommittee Passed for Second Reading [Settlement of Union Grievance] Ordinance authorizing settlement of the grievance filed by SEIU, Local 790, on behalf of Torrance Scales regarding his termination from the Department of Public Works in the amount of Thirty-Five Thousand One Hundred Eighty-Three Dollars ($35,183), less applicable taxes and withholdings. (City Attorney) File 45-97-89, Ordinance No. Passed for second reading. [Antonio Oropeza v. CCSF, et al] Ordinance authorizing settlement of litigation of Antonio Oropeza against the City and County by payment of $11,460.41. (City Attorney) File 45-97-90, Ordinance No. (Superior Court No. 971-626.) Passed for second reading. [Pradhan v. CCSF, et al.] Ordinance authorizing settlement of litigation of Daniel Pradhan by and through his Guardian Ad Litem, Kishore Pradhan against the City and County by payment of $60,000. (City Attorney) File 45-97-91, Ordinance No. (Superior Court No. 966-527.) Passed for second reading. [Celestius Blair v. CCSF, et al.] Ordinance authorizing settlement of litigation of Celestius Blair against the City and County by the payment of $347,277.51. (City Attorney) File 45-97-92, Ordinance No. (U.S. District Court No. C89-4176 WHO.) Passed for second reading. [Tropf v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jagger Tropf by and through his Guardian Ad Litem, Richard Tropf against the City and County by payment of $300,000. (City Attorney) File 45-97-93, Ordinance No. (Superior Court No. 979-723.) Passed for second reading. [Nancy Swan Leigh v. CCSF, et al.] Ordinance authorizing settlement of litigation of Nancy Swan Leigh against the City and County by payment of $6,500. (City Attorney) File 45-97-94, Ordinance No. (Superior Court No. 978-477.) Passed for second reading. [Jeff Calhoun, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jeff Calhoun against the City and County by payment of $10,000. City Attorney) File 45-97-95, Ordinance No. (Superior Court No. 972-134.) Passed for second reading. [Pierre Merkl and David Baross v. CCSF] Ordinance authorizing settlement of litigation of Pierre Merkl and David Baross against the City and County by payment of $10,500. (City Attorney) File 45-97-96, Ordinance No. (Superior Court No. 972-405.) Passed for second reading. [Rosetta Mullins v. CCSF, et al.] Ordinance authorizing settlement of litigation of Rosetta Mullins against the City and County by payment of $16,000. (City Attorney) File 45-97-97, Ordinance No. (Superior Court No. 975-120.) Passed for second reading. [Olga Ruth Pena v. CCSF, et al.] Ordinance authorizing settlement of litigation of Olga Ruth Pena against the City and County by payment of $7,000. (City Attorney) File 45-97-98, Ordinance No. (Municipal Court No. 133-105.) Passed for second reading. [Jay Tate, Jr. v CCSF, et al.] Ordinance authorizing settlement of litigation of Jay Tate, Jr. against the City and County by payment of $17,500. (City Attorney) File 45-97-99, Ordinance No. (Superior Court No. 975-596.) Passed for second reading. [Yen X. To v. CCSF, et al.] Ordinance authorizing settlement of litigation of Yen X. To against the City and County by payment of $12,500. (City Attorney) File 45-97-100, Ordinance No. (Superior Court No. 985-433.) Passed for second reading. [Aetna Casualty and Surety Corp. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Aetna Casualty and Surety Corporation (Insured: Harold Hotel), against the Fire Department by payment of $13,700. (City Attorney) File 45-97-101, Ordinance No. (Municipal Court No. 138-048.) Passed for second reading. [Filipo Togia v. CCSF, et al.] Ordinance authorizing settlement of litigation of Filipo Togia against the City and County by payment of $101,000. (City Attorney) File 45-97-102, Ordinance No. (Superior Court No. 975-547.) Passed for second reading. [James Kemsey v. CCSF, et al.] Ordinance authorizing settlement of litigation of James Kemsey against the City and County by payment of $400,000. (City Attorney) File 45-97-103, Ordinance No. (Superior Court No. 975-619.) Passed for second reading. [Antoinette Blue, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Antoinette Blue, et al. against the City and County by payment of $25,000. (City Attorney) File 45-97-104, Ordinance No. (Contra Costa Superior Court No. 95-04961.) Passed for second reading. [Eric Wozniak v. CCSF, et al.] Ordinance authorizing settlement of litigation of Eric Wozniak against the City and County by payment of $51,920 plus 7% interest from date of settlement, March 12, 1997, to date of payment on claim. (City Attorney) File 45-97-105, Ordinance No. (Superior Court No. 970-243.) Passed for second reading. Adopted [Settlement of Claim, Cora P. Hughes] Resolution approving the settlement of the unlitigated claim of Cora P. Hughes by payment of $20,000.00. (City Attorney) File 48-97-61, Resolution No. 932-97 Adopted. [Settlement of Claim, Myrtle Coleman] Resolution approving the settlement of the unlitigated claim of Myrtle Coleman by payment of $7,042.21. (City Attorney) File 48-97-62, Resolution No. 933-97 Adopted. [Settlement of Claim, Anne Marie Senan] Resolution approving the settlement of the unlitigated claim of Anne Marie Senan/Geico Insurance Corporation by payment of $10,192.08. (City Attorney) File 48-97-63, Resolution No. 934-97 Adopted. [Settlement of Claim, Heather Edmunds] Resolution approving the settlement of the unlitigated claim of Heather Edmunds by payment of $6,000. (City Attorney) File 48-97-64, Resolution No. 935-97 Adopted. [Settlement of Claim, Chang Zeng] Resolution approving the settlement of the unlitigated claim of Chang Zeng dba Tung Fong Trading by payment of $9,747.35. (City Attorney) File 48-97-65, Resolution No. 936-97 Adopted. [Settlement of Claim, Howard Johnson Hotel] Resolution approving the settlement of the unlitigated claim of Howard Johnson Hotel by payment of $8,058.37. (City Attorney) File 48-97-66, Resolution No. 937-97 Adopted. [Settlement of Claim, State Farm Insurance] Resolution approving the settlement of the unlitigated claim of State Farm Insurance (Acker) by payment of $6,623.63. (City Attorney) File 48-97-67, Resolution No. 938-97 Adopted. [Settlement of Claim, Stacy Lo] Resolution approving the settlement of the unlitigated claim of Stacy Lo (a minor) by payment of $9,662.11. (City Attorney) File 48-97-68, Resolution No. 939-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. REGULARCALENDAR UNFINISHEDBUSINESS FromtheClerk (Only one of following two motions should be Adopted. ) 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 (September 29, 1997 - Consideration continued to October 6, 1997.) Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman, Medina-3. Tabled [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 (September 29, 1997 - Consideration continued to October 6, 1997.) Supervisor Yaki, seconded by Supervisor Teng, moved to table. Tabled by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman, Medina-3. Adopted [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 (September 29, 1997 - Consideration continued to October 6, 1997.) Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Newsom, Teng, Yaki, Yee-8. Noes: Supervisors Ammiano, Bierman, Medina-3. RecommendationsofFinanceCommittee Finally Passed [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. 390-97 (Amends Sections 16.523, 16.524, and 16.526.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [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. 394-97 (Fiscal Impact.) (Amends Sections 72.1 through 72.4; Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [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. 395-97 (Repeals Sections 73.1 through 73.9.) Finally passed 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. 396-97 (Repeals Section 10.117-116.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Finally Passed [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. 400-97 (Amends Section 21.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki, Yee-10. Noes: Supervisor Leal-1. FromRedevelopmentAgency Adopted [Findings] Motion adopting findings in response to written objections received from an affected property owner at/or prior to the September 22, 1997 public hearing on the Federal Office Building Redevelopment Plan and amendments to the Embarcadero-Lower Market (Golden Gateway) and South of Market Earthquake Recovery Redevelopment Plans. (Redevelopment Agency) File 161-97-8.1 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. FromCommitteeoftheWhole Passed for Second Reading [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. (September 22, 1997 - Consideration continued to October 6, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [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. (September 22, 1997 - Consideration continued to October 6, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [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. (September 22, 1997 - Consideration continued to October 6, 1997.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [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, placing $250,850 on reserve. (Controller) File 101-97-19, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Salary Ordinance, Department of Business and Economic Development] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Department of Business and Economic Development, reflecting the creation of two (2) positions (Class 1371 Special Assistant XII and Class 1374 Special Assistant XV). (Department of Human Resources) (Also See File 101-97-10.1) File 102-97-5, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Arbitrator’s Award, Local 21] Ordinance implementing the provisions of an Arbitrator’s Award dated May 17, 1997 resolving a grievance between the International Federation of Professional and Technical Engineers, AFL-CIO, Local 21 and the City and County and providing for the wages of employees assigned to work out of classification as Project Managers. (Department of Human Resources) File 93-97-48, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Emergency Response Fee Increase] Ordinance amending Article 10A, Part III, Municipal Code, to increase the amount of the fee, effective December 1, 1997, and to eliminate the estimate of project costs, and to make additional findings and deleting Section 758 which provided for payment of conversion costs to service suppliers required to collect the emergency response fee. (Mayor) File 127-97-1.1, Ordinance No. (Fiscal Impact.) (Amends Sections 751, 752, 753, 755, 756; Adds Section 752.1; Deletes Section 758.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Emergency Repair, Auxiliary Water Supply System] Resolution authorizing retroactively, the Fire Department to take necessary measures to protect the health and safety of the citizens of San Francisco by performing the necessary work to repair the Auxiliary Water Supply System (AWSS) main break on Fifth Street near King Street. (Fire Department) (Also See File 101-95-61.7) File 28-97-7, Resolution No. 928-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Treasure Island, Rubicon Programs Contract] Resolution authorizing and approving retroactively 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, subject to certain conditions. Sponsor Supervisor Yaki. File 172-97-63, Resolution No. 955-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Anti-Tobacco Advertising Funds] Resolution accepting Anti-Tobacco Advertising and Education Funds made available in Janet C. Mangini v. R.J. Reynolds Tobacco Company, et al. Sponsor Supervisor Kaufman. File 194-97-2.1, Resolution No. 957-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by adding Rule 6.21 in order to specify duties and relationships for Legislative Analysts. (Clerk of the Board) File 56-97-8 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. RecommendationsofHealth,FamilyandEnvironmentCommittee Adopted [Tobacco Settlement] Resolution opposing the current proposal to settle lawsuits against the tobacco companies presented to Congress and President Bill Clinton. (Department of Public Health) File 194-97-7, Resolution No. 958-97 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 [Hazardous Materials/Waste Unified Program] Ordinance amending Health Code, to conform hazardous materials and hazardous waste regulation to Federal and State Laws regulating the handling of hazardous materials and hazardous waste, addressing hazardous materials risk management plans; to designate the Department of Public Health as the certified unified program agency for San Francisco, authorize the Department of Public Health to collect fees for the administration of unified program elements, and eliminate requirements to obtain acutely hazardous materials permits, and to conform to State laws regulating hazardous waste and authorizing the Department of Public Health to collect fees from generators and certain treaters of hazardous waste. (Department of Public Health) File 118-97-4, Ordinance No. (Amending Articles 21 and 22; adds a new Article 21A; amending Sections 1101, 1102, 1103, 1103.2, 1103.3, 1105, 1110, 1110.1, 1114, 1115, 1117, 1120, 1120.1, 1121, 1123, 1124, 1130, 1131, 1132, 1133, 1134, 1137, 1140, 1141, 1142, 1151, 1152, 1153, 1154, 1155, 1160, 1162, 1175.3, 1175.4, 1175.5, and 1176; deletes Sections 1111, 1110.2 and 1120.2, and renumbering former Section 1110.3 as new Section 1111; amending Article 22 by amending Sections 1201 through 1208, and adding new Section 1209.) Supervisor Bierman, seconded by Supervisor Katz, moved to amend Page 93, Line 13 and Page 93, Lines 5 and 6 to change the word "Limited" to "Minimal" and "LOG" to "MOG". 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. RecommendationsofRulesCommittee Adopted [Waiving Statute of Limitations] Resolution waiving the Statute of Limitations with respect to payment of certain warrant of the City and County, in the amount of $2,828,78, a legal obligation of the City and County of San Francisco. (Controller) File 23-97-1, Resolution No. 926-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Appointments] Resolution appointing members to the Child Care Planning and Advisory Council. (Rules Committee) File 92-97-8.4, Resolution No. 943-97 (Carol A. Rector, Seat No. 29603, Private Center Child Care Provider; Cheryl Polk, Seat No. 29618, Philanthropy Representative; Richelle Jones, Seat No. 29619, Client of Publicly Subsidized Child Care Program; Edna Hazard, Seat No. 29620, Client of Publicly Subsidized Child Care Program.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Appointments] Resolution appointing members to the Sunshine Ordinance Task Force, must be member of the public who has demonstrated interest in or has experience in the issues of citizen access and participation in local government, resigned, for unexpired portion of two-year terms ending April 27, 1998. (Rules Committee) File 92-97-30.1, Resolution No. 944-97 (Ruach Graffis, vice Marilyn Smulyan, Seat No. 27114; Timothy T. Taylor, vice Byron McQuarters, Seat No. 27113.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Appointments] Resolution appointing members to the Park and Open Space Advisory Committee, terms expired, for new two-year terms ending July 15, 1999. (Rules Committee) File 92-97-32.1, Resolution No. 945-97 (Geoffrey Kors, vice Parker A. Maddux, Seat 23301; Henry Louie, vice Bernie F. Lee, Seat 23321.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Appointments] Resolution appointing members to the Adult Day Health Care Planning Council, for new three-year terms ending September 30, 1999. (Rules Committee) File 92-97-37.2, Resolution No. 946-97 (Mary Wong, vice herself, Seat No. 20004, age group, term expired; Walter M. De Vaughn, vice Lucille Ramstetter, Seat No. 20001, age group, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Appointment] Resolution appointing member to the Park and Open Space Advisory Committee, for unexpired portion of two-year term ending July 15, 1998. (Rules Committee) File 92-97-39, Resolution No. 947-97 (Kevin Fox, vice Winston Mathis, Seat No. 23308, resigned.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Passed for Second Reading [Police Department Memberships] Ordinance amending Administrative Code, relating to Police Department memberships by adding specified organizations. (Police Department) File 97-97-55, Ordinance No. (Amends Section 16.6-47.1.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Assessment Appeals Board Rules] Motion adopting additional Assessment Appeals Boards procedural rules. (Assessment Appeals Board) File 129-97-1 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Reconsideration of Denied Application] Resolution adopting an Assessment Appeals Board procedure to reconsider an application denied for lack of appearance by the applicant. (Assessment Appeals Board) File 129-97-2, Resolution No. 948-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Public Comment, Assessment Appeals Hearings] Resolution adopting an Assessment Appeals Board procedure to allow public comment in its hearings. (Assessment Appeals Board) File 129-97-3, Resolution No. 949-97 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 14442, dated August 14, 1997, approving Conditional Use Application No. 96.319C, for conditional use authorization to demolish and replace residential use above the ground floor in the Upper Fillmore Street Neighborhood District (NCD) and 40-X Height and Bulk District, on property located at 2548 California Street, north side between Pierce and Steiner Streets; Lot 9 in Assessor’s Block 634. File 37-97-6 (Appeal filed September 16, 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 privilege of the floor: Appellants: Dr. Anthony Corso, Karen Pearson, D. Edwin Samlley, James Scott, Patricia Vaughey, and Courtney Clarkson. Respondents: Robert Passmore, representing City Planning Commission and the Planning Department; Karen Pasen, Ann Marie Vingo, Laura Cheung, Virginia Lee, Robert Becker. A rebuttal period was allowed. The President then declared the hearing closed. (Only one of following two motions should be Adopted. ) Adopted [Zoning Appeal, 2548 California Street] Motion approving decision of the Planning Commission by its Motion No. 14442, approving Conditional Use Application No. 96.319C, on property located at 2548 California Street, north side between Pierce and Steiner Streets, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 37-97-6.1 Supervisor Teng, seconded By Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki-8. Noes: Supervisors Ammiano, Bierman, Yee-3. Tabled [Zoning Appeal, 2548 California Street] Motion disapproving decision of the Planning Commission by its Motion No. 14442, approving Conditional Use Application No. 96.319C, on property located at 2548 California Street, north side between Pierce and Steiner Streets, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) File 37-97-6.2 Supervisor Teng, seconded by Supervisor Medina, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. Adopted [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 96.319C, on property located at 2548 California Street, north side between Pierce and Steiner Streets, for action by the Board at its next meeting. File 37-97-6.3 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Bob Planthold, accessibility of Board Chambers at City Hall; Patricia Vaughey, antenna sites in City; Laboraie P. Smoore, police brutality; Ruth Smith, death of children in foster care; Karen Oliver, foster parent to child with out-of-state family; Gilbert Baker, petition for flagpole monument for Harvey Milk. There being no one else wishing to speak, the President declared the Public Comment portion of the meeting closed. FORADOPTIONWITHOUTCOMMITTEEREFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to Committee. Adopted [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. Sponsors Supervisors Teng, Katz, Medina. File 6-97-169, Resolution No. 906-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Commending Juma Ventures] Resolution commending Juma Ventures on their success in training and employing Bay Area youth. Sponsors Supervisors Yaki, Bierman, Katz, Medina. File 6-97-170, Resolution No. 907-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Commending World War II Veterans] Resolution commending the Veterans of the 100th-442nd MIS for their tremendous courage during World War II. Sponsors Supervisors Yaki, Bierman, Katz, Medina. File 6-97-171, Resolution No. 908-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Yee, Katz, Medina. File 6-97-172, Resolution No. 909-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Commending Sojourner Truth Center] Resolution commending Sojourner Truth Family Resource Center on its grand opening. Sponsors Supervisors Brown, Bierman, Katz, Medina. File 6-97-173, Resolution No. 910-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Bierman, Katz, Medina. File 6-97-174, Resolution No. 911-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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, manufacturing, packaging, taxation, sale or distribution of tobacco products. Sponsors Supervisors Bierman, Katz, Medina. File 13-97-30, Resolution No. 924-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Semi-Annual City-Wide Cleanup Day] Resolution supporting the Department of Public Works, the Mayor’s Office, other City and County 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 to organize a Semi-Annual Cleanup Day. Sponsors Supervisors Teng, Kaufman, Bierman, Katz, Medina. File 43-97-4, Resolution No. 931-97 (September 29, 1997 - Introduced in Board for consideration on October 6, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina 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, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. 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 Leal, 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. [Brown Act Finding] Motion that the Board finds by roll call that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Leal, 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. [Imperative Resolutions] Adopted [Proclamation-E. Robert Scrofani Day] Resolution declaring Sunday, October 5, 1997, E. Robert Scrofani Day to recognize his generosity, love of the arts and general joie de vivre, which contributed so much to San Francisco. File 004-97-044, Resolution No. 904-97 Supervisor Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Proclamation-Worldcom Americas Region Day] Resolution declaring Saturday, October 11, 1997, Worldcom Americas Region Day in San Francisco. File 004-97-045, Resolution No. 905-97 Supervisor Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Commendation-Metropolitan Community Church] Resolution recognizing the Metropolitan Community Church and other Christian churches for fostering unity in the face of oppression. File 006-97-175, Resolution No. 912-97 Supervisor Ammiano presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Commending San Francisco District Attorney] Resolution commending the San Francisco District Attorney’s Office for advocacy work in same-sex/transgender domestic violence. File 006-97-176, Resolution No. 913-97 Supervisors Katz, Kaufman, Medina, Bierman, Brown, Newsom presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Commendation-Annunciation Cathedral Parishioners] Resolution commending parishioners of the historic Annunciation Cathedral damaged in the 1989 Loma Prieta earthquake for their efforts to raise funds for the construction of a new cathedral by organizing the popular Greek Food Festival each October and proclaiming October 10-12, 1997 "San Francisco Greek Food Festival Weekend" in the City and County of San Francisco. File 006-97-177, Resolution No. 914-97 Supervisor Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. [Opposing NASA’s Cassini Mission] Resolution urging NASA to rescind its intent to launch the Cassini Mission, a plutonium laden rocket. File 013-97-031, Resolution No. 960-97 Supervisor Ammiano presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Excelsior Youth Center Gift Acceptance] Ordinance amending Administrative Code by adding Section 10.117-119 which authorizes the acceptance and expenditure of gift funds for the construction of the Excelsior Youth Center and establishes the Excelsior Youth Center Fund. Supervisor Teng presented. Referred to Finance Committee. File 097-97-060. [Tour Bus Prohibition-15th Avenue] Ordinance amending Ordinance Nos. 115-96, 282-96, and 270-97, which amended the Police Code to prohibit tour buses on 15th Avenue from Lake Street to the Presidio, to provide that this prohibition on tour buses shall expire on December 31, 1999, rather than October 31, 1997. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 121-97-003.01. [Tour Bus Prohibition-25th Avenue] Ordinance amending Ordinance Nos. 88-96, 281-96, and 271-97 which amended the Police Code to prohibit tour buses on El Camino Del Mar between the Presidio (approximately 290 feet east of 25th Avenue) and Legion of Honor Drive, and 25th Avenue between Lake Street and El Camino Del Mar, to provide that this prohibition on tour buses shall expire on December 31, 1999, rather than October 31, 1997. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 121-97-004.01. [Sidewalk and Encroachment Permit Appeals] Ordinance amending the Public Works Code by amending Section 723.2 to provide that appeals from sidewalk and encroachment permit decisions relating to building construction, rehabilitation or maintenance may be appealed to either the Building Inspection Commission or the Board of Supervisors; provided however that appeals to the Board of Supervisors waive the right of appeal to the Building Inspection Commission. Supervisor Kaufman presented. Referred to Housing and Neighborhood Services Committee. File 123-97-006. [City Seal on Harvey Milk Burial Marker] Ordinance authorizing the official corporate seal of the City and County of San Francisco to be used on the burial site and marker of Harvey Milk, former Supervisor of the City and County of San Francisco. Supervisor Katz presented. Referred to Rules Committee. File 197-97-002. Referred to Board [Commending Staff of West Wing Newspaper] Resolution recognizing the advisor and staff of the West Wing newspaper for outstanding journalistic accomplishment. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-178. [Commendation-Police Officer Ben Manning] Resolution recognizing Police Officer Ben Manning as San Francisco’s Top Cop for September 1997. Supervisor Yee presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-179. [Commending John Woo] Resolution commending John Woo for his outstanding creative contributions to the film arts and his groundbreaking success as a Director and declaring October 11, 1997 as "John Woo Day" in the City and County of San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-180. [Commending Chinese Culture Center] Resolution commending the Chinese Cultural Center for its critical role in promoting cultural exchange and understanding of Chinese culture. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-181. [Commending San Francisco Beautiful] Resolution commending San Francisco Beautiful for its devotion to creating, enhancing and retaining civic beauty and declaring October 6, 1997 as "San Francisco Beautiful Day" in San Francisco. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-182. [Commending Senior Action Network] Resolution commending the Senior Action Network for its efforts in advancing senior rights’ issues and commitment to improving the lives of San Franciscans on the occasion of its Seventh Annual Convention on October 9, 1997. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-183. [Commending Chinese Historical Society of America] Resolution commending the Chinese Historical Society of America for its efforts to preserve and chronicle Chinese American history by creating a National Chinese American Museum. Supervisors Teng, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 006-97-184. [Supporting Filipino Veterans’ Equity Act] Resolution urging the United States Senate to pass S.623 to amend the inequity of veterans benefits currently denied to Filipino-Americans who have served the United States during World War II and directing the Clerk to forward a copy of this resolution to the City’s lobbyist in Washington, D.C., California’s Senators and San Francisco’s congressional representatives. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 013-97-032. Referred to Committee [Tour Bus Program Policy] Resolution declaring it to be the policy of the Board of Supervisors to implement a tour bus program that would: include provisions related to tour buses in the Transportation Element of the General Plan; develop an agreement between the City and the Golden Gate National Recreation Area for the enforcement of tour bus regulation; cause to be dispersed more widely easily visible signs notifying and warning drivers and residents of tour bus regulations; result in education of tour bus drivers by their employers; lead to the adoption of permanent regulations regarding tour buses by December 31, 1999; and declare it to be the policy of the Board of Supervisors not to consider further restrictions on tour buses (except for those pending) until the elements of this program shall have been implemented. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 043-97-005. [Treasure Island Lease] Resolution approving and authorizing a lease with the United States Navy regarding the use of the Fire Training School, Hangars 2, 3, and 180, the Treasure Island Marina and Great Lawn and the Admiral Nimitz Mansion on Naval Station Treasure Island. Mayor Willie L. Brown, Jr. presented. Referred to Finance Committee. File 064-97-017. [Affinity Credit Card Program] Resolution authorizing the Director of Administrative Services to enter into an operating and licensing agreement with the San Francisco Convention and Visitors Bureau for the development and operation of a San Francisco Affinity Credit Card Program. Supervisor Bierman presented. Referred to Finance Committee. File 172-97-066. [City-Wide Pedestrian Safety Campaign] Resolution urging the Department of Parking and Traffic to coordinate a city-wide pedestrian safety campaign with the Department of Public Health and the San Francisco Unified School District and help secure federal and state grants to fund the campaign. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 190-97-014. Referred to Board [Old Fort Mason Rail Tunnel] Resolution urging the Golden Gate National Recreation Area to consider converting the Old Fort Mason Rail Tunnel into a bicycle path. Supervisors Medina, Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar October 14, 1997. File 190-97-015. RequestsforHearings: [Alternative Fuel Infrastructure at Airport] Hearing to consider encouraging the San Francisco International Airport to develop an alternative fuels infrastructure, including a fast fueling option for compressed natural gas and electric charging infrastructure. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee. File 027-97-011. [Heroin Usage and Treatment On Demand] Hearing to consider the subject of heroin usage, to specifically address the topics of treatment on demand, why San Francisco is number three in the country and number one in the State on heroin related hospital admittance, and what preventive steps we can take; requesting the Health Department, Department of Human Services; San Francisco General Hospital, Police Department and interested parties to attend. Hoped for outcomes: to explore all possible ways of reducing the number of persons addicted to heroin; to promote the cost-effective method of prevention; to ensure sufficient treatment on demand; and to investigate the correlation between heroin abuse and crime. Supervisor Newsom presented. Referred to Health, Family and Environment Committee. File 030-97-019. [Religious Service Providers Task Force Report] Hearing to consider the findings in the Human Rights Commission’s Religious Service Providers Task Force Report. Supervisor Ammiano presented. Referred to Health, Family and Environment Committee. File 108-97-006. [Rebuilding the Delta Hotel] Hearing to consider report from the San Francisco Redevelopment Agency on the feasibility of using redevelopment funds to rebuild the Delta Hotel and working with non-profit housing developers to develop affordable housing. Supervisor Teng presented. Referred to Housing and Neighborhood Services Committee. File 161-97-009. [Interim Controls-TeleCOMMUNICATION s Equipment] Hearing to consider interim controls on the placement of new teleCOMMUNICATION s equipment pending development and adoption of a TeleCOMMUNICATION s Equipment Master Plan for the City and County of San Francisco. Supervisor Ammiano presented. Referred to Economic Development, Transportation and Technology Committee. File 189-97-004. [Valencia Street Bike Lanes] Hearing to consider implementing the Bicycle Plan by striping bike lanes on Valencia Street and providing a forum for input from neighbors, merchants, bicyclists and the Department of Parking and Traffic. Supervisor Medina presented. Referred to Housing and Neighborhood Services Committee. File 190-97-002.03. [Abuse of Parking Control Officers] Hearing to consider the subject of physical assaults and abuses endured by Parking Control Officers; requesting Parking Control Officers, District Attorney’s Office, Local 790 PCO, Police Department and all other interested parties attend. Hoped for outcomes: to call attention to the problem so that the District Attorney’s Office and State Legislature are alerted to its severity and are thus prompted to act accordingly; to investigate common impetus for attacks, if any exist, in an effort to find ways to minimize the risk to PCO’s; to brainstorm other ways to mitigate the problem; to ensure that the system of assault pay is being appropriately handled; and to begin discussing the possibility and ramifications of merging the Parking Control Officers with the Police Department. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 190-97-016. [Status of Stonestown Mall Development] Hearing to consider concerns associated with the development of the new megamall located at the Stonestown Shopping Center. Supervisors Ammiano, Brown, Bierman, Katz presented. Referred to Economic Development, Transportation and Technology Committee. File 273-97-001. [Status of Old Mint Building] Hearing to consider the status of the Old Mint Building at Fifth Street and Mission for which money has been appropriated to fund a feasibility study. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 274-97-001. [Veterans Building Use] Hearing to consider the status of the rehabilitation and reprogramming of activities at the Veteran’s Building. Supervisor Yaki presented. Referred to Economic Development, Transportation and Technology Committee. File 275-97-001. Motions: Referred to Committee [General Obligation Bonds] Motion ratifying the award of the first series of the General Obligation Refunding Bonds, in an aggregate principal amount not to exceed $600,000,000. Supervisor Leal presented. Referred to Finance Committee with request it be considered at the October 15,1997 meeting. File 170-94-001.03. [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 October 14, 1997. File 030-97-001.18. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 045-97-110. [Marcia Greenberg v. CCSF, et al.] Ordinance authorizing settlement of litigation of Marcia Greenberg against the City and County of San Francisco by payment of $15,000 plus attorneys’ fees not to exceed $35,000. (U.S. District Court Case No. C95-2056 DLJ). (City Attorney) Referred to Rules Committee. File 045-97-111. [Igor Gindin v. CCSF, et al.] Ordinance authorizing settlement of litigation of Igor Gindin v. City and County of San Francisco by payment of $69,000. (Superior Court No. 979-665). (City Attorney) Referred to Finance Committee. File 045-97-112. [Castille Harding, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Castille Harding and Tanya Harding against the City and County of San Francisco by payment of $8,000. (Superior Court No. 981-827). (City Attorney) Referred to Rules Committee. File 106-97-001.01. [Setting Schedules of Compensation] Ordinance amending Ordinance No. 275-97 setting schedules of compensation and other economic benefits for certain classifications of persons employed by the Superior and Municipal Courts for the City and County of San Francisco. (City Attorney) Referred to Finance Committee. Resolutions Referred to Committee File 028-97-008. [Emergency Repair, Castlewood Reservoir] Resolution authorizing expenditure of funds in the amount of $650,000 for the design and construction of replacement wells at Castlewood Reservoir, Alameda County. (Public Utilities Commission) Referred to Finance Committee. File 048-97-075. [Settlement of Claim, Klaus Zimmerman] Resolution approving the settlement of the unlitigated claim of Klaus Zimmerman by payment of $7,115. (City Attorney) Referred to Rules Committee. File 064-97-016. [Lease of Property at 30 Van Ness Avenue] Resolution authorizing a lease of real property at 30 Van Ness Avenue for the Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 065-97-013. [Lease of Property] Resolution authorizing and approving the lease of ground on city-owned property for a year-to-year term at the San Francisco County Jail in San Bruno, California, consisting of fourteen acres, to the Garden Project commencing November 1, 1997, without competitive bidding. (Real Estate Department) Referred to Finance Committee. File 082-97-003. [Rescission of Noise Easements] Resolution authorizing the granting of quitclaim deeds to rescind noise easements acquired from various property owners. (Real Estate Department) Referred to Finance Committee. File 161-97-008.01. [Findings on Redevelopment Plan] Motion adopting findings in response to written objections received from an affected property owner at/or prior to the September 22, 1997 public hearing on the Federal Office Building Redevelopment Plan and amendments to the Embarcadero-Lower Market (Golden Gateway) and South of Market Earthquake Recovery Redevelopment Plans. (Redevelopment Agency) To Board for consideration October 6, 1997. File 172-97-065. [City Tow Contract] Resolution ratifying and approving a contract between Pick Your Part Auto Wrecking and the City and County of San Francisco and the First Amendment to such agreement; retroactively authorizing the Executive Director of the Department of Parking and Traffic to execute an amendment to the contract to provide one stop service and further authorizing the Executive Director of the Department of Parking and Traffic and Director of Property to execute an agreement amending said contract by granting a license to Pick Your Part Auto Wrecking for the use of certain City property necessary to provide one stop service, including a portion of the ground floor of 375-7th Street which is leased by City from the San Francisco Unified School District, a portion of the parking lot at 415-7th Street and a portion of the ground floor of the Hall of Justice Building at 850 Bryant Street, and urging the Mayor to urge the Department of Parking and Traffic to set aside and accumulate monthly fee payments for use in acquiring a permanent tow facility. (Department of Parking and Traffic) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Ammiano, that letter be sent to the City Administrator encouraging quick establishment of a low income rate for cable subscribers and that the low income cable rate mirror the lifeline rate offered by the phone company as closely as possible. By Supervisors Katz, Ammiano, that letter be sent to the Director of the Department of Public Health requesting a report to the Board of Supervisors within 45 days that: 1. Clarifies the process whereby individuals are currently restricted or suspended from services, to which they would otherwise be entitled, by agencies that receive funding from/or administered by the City and County including: *What are the consistent standards across all agencies? *What are the existing due-process considerations to determine appropriateness of suspensions or restrictions? *Does the Department have input into the process and/or review these actions? *How many individuals have been suspended or restricted from services at contracting agencies administered by the Department to date in the current fiscal year as well as the previous two including the reason for the suspension and type of service the client was using (AIDS, mental health, substance abuse). 2. Analyzes the grievance procedures in place at said agencies, 3. Recommends a uniform, system-wide Department policy applicable to all contracting agencies, including: *Due process review by the Department in advance of such a suspension or restriction; *Advance notice to the client being considered for suspension and the opportunity to engage in defined grievance procedure in advance of the suspension or restriction becoming active; *Specification of behavior and/or situations for which a suspension or restriction from services would be appropriate including: *Recommendation of procedures when a client is verbally abusive or threatening, there is a threat of imminent harm to staff or other clients, a client has engaged in violent behavior, or theft, etc.; *Standards addressing when and how clients may have violated confidentiality of other clients and the appropriateness of suspension or restriction from services for such a violation. *Approval of the Director of the Department of Public Health; *Reasonable alternatives to meet the immediate and critical needs of the client; *A procedure for mediation or an ombudsperson should the grievance procedure not lead to resolution; *A standard procedure to provide all of this information to all current clients and all current clients at the time of initial intake; *A process for restarting services at some future date based on an evaluation of the behavior that lead to the original suspension. 4. Reports on how such suspensions and restrictions from services affect the quality of services available to the residents of the City and County of San Francisco. By Supervisor Newsom, that letter be sent to the Director of Recreation and Park Department regarding the monitoring of the Palace of Fine Arts grounds and water with regard to trash and other debris, and whether such monitoring can be increased, along with a commitment to making a concerted effort at clearing the debris, particularly after weekends, when park use is highest. By Supervisor Teng, that letter be sent to the Director of the Mayor’s Office of Emergency Services requesting a report to the Board within 60 days summarizing the lessons learned during the emergency response to the Delta Hotel fire and steps which have or will be taken to strengthen that system for future disasters which displace large numbers of persons living in a group setting. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Jo Daly (By the full Board) Marie Del Toso Sponsor Supervisor Bierman. Richard J. Woods Sponsor Supervisor Newsom. Helen Estrada Guillen Sponsor Supervisor Leal. File 2-97-35 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:51 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