Board of Supervisors Minutes: October 14, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Tuesday, October 14, 1997 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Barbara Kaufman presiding. CALLINGTHEROLL The meeting was called to order at 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng-9. Noted absent at first roll call: Supervisors Yaki, Yee - 2. Quorum present. Supervisor Yee was noted present at 2:07 p.m. Supervisor Yaki excused. (See infra.) SupervisorYakiExcused The Clerk stated Supervisor Yaki requested to be excused from attending today’s meeting because of illness. Supervisor Leal, seconded by Supervisor Ammiano, moved to excuse Supervisor Yaki from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Leal, Teng-9. Absent: Supervisors Yaki, Yee-2. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Medina, moved that the Journals of Proceedings for Monday, July 28 and August 4, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Leal, Teng-9. Absent: Supervisors Yaki, Yee-2. CONSENTCALENDAR Severedfrom CONSENTCALENDAR Supervisor Teng requested that the following measure be severed from the Consent Calendar and considered separately. RecommendationofHousingandNeighborhoodServicesCommittee Consideration Continued [Grant, Police Department] Resolution approving retroactively the application, acceptance and expenditure of a grant awarded by the California Department of Alcohol Beverage Control to the Police Department in the amount of $100,000. Sponsors Supervisors Teng, Leal. File 143-97-5, Resolution No. Supervisor Teng, seconded by Supervisor Ammiano, moved to continue consideration to October 20, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Leal, Teng-9. Absent: Supervisors Yaki, Yee-2. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. The Board resumed its consideration of the following items on the Consent Calendar. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [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. 404-97 Finally passed. [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. 398-97 (Fiscal Impact.) Finally passed. [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. 389-97 Finally passed. [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. 401-97 (Fiscal Impact.) (Amends Sections 751, 752, 753, 755, 756; Adds Section 752.1; Deletes Section 758.) Finally passed. Adopted [Gift Acceptance, Pacific Gas and Electric Company] Resolution authorizing the Director of Public Works to accept and expend a gift contribution from Pacific Gas and Electric Company in the amount of $87,000 to construct new gas and electric services for the 911/OES Emergency COMMUNICATION s Center. Sponsor Supervisor Kaufman. File 38-97-12, Resolution No. 930-97 Adopted. RecommendationsofRulesCommittee Finally Passed [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. 370-97 Finally passed. [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. 371-97 (Superior Court No. 971-626.) Finally passed. [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. 372-97 (Superior Court No. 966-527.) Finally passed. [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. 373-97 (U.S. District Court No. C89-4176 WHO.) Finally passed. [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. 374-97 (Superior Court No. 979-723.) Finally passed. [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. 375-97 (Superior Court No. 978-477.) Finally passed. [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. 376-97 (Superior Court No. 972-134.) Finally passed. [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. 377-97 (Superior Court No. 972-405.) Finally passed. [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. 378-97 (Superior Court No. 975-120.) Finally passed. [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. 379-97 (Municipal Court No. 133-105.) Finally passed. [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. 380-97 (Superior Court No. 975-596.) Finally passed. [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. 381-97 (Superior Court No. 985-433.) Finally passed. [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. 382-97 (Municipal Court No. 138-048.) Finally passed. [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. 383-97 (Superior Court No. 975-547.) Finally passed. [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. 384-97 (Superior Court No. 975-619.) Finally passed. [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. 385-97 (Contra Costa Superior Court No. 95-04961.) Finally passed. [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. 386-97 (Superior Court No. 970-243.) Finally passed. [Police Department Memberships] Ordinance amending Administrative Code, relating to Police Department memberships by adding specified organizations. (Police Department) File 97-97-55, Ordinance No. 397-97 (Amends Section 16.6-47.1.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Leal, Teng-9. Absent: Supervisors Yaki, Yee-2. REGULARCALENDAR UNFINISHEDBUSINESS FromtheClerk Adopted [Findings] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 97.307C, for the installation of 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, on property located at 1501 Lincoln Way, southwest corner at 16th Avenue; Lot 1 in Assessor’s Block 1734. File 37-97-5.4 Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Newsom, Teng, Yee-7. Noes: Supervisors Ammiano, Bierman, Medina-3. Absent: Supervisor Yaki-1. [Findings] Motion adopting findings related to the appeal of the Planning Commission’s approval of Conditional Use Application No. 96.319C, for demolition and replacement of 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 37-97-6.4 Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng-7. Noes: Supervisors Ammiano, Bierman, Yee-3. Absent: Supervisor Yaki-1. RecommendationofHealth,FamilyandEnvironmentCommittee Finally Passed [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. 399-97 (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.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. FromCommitteeoftheWhole Finally Passed [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. 403-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [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. 387-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [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. 388-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [Appropriation, S.F. Unified School District] Ordinance appropriating $22,050,000, Unified School District, of 1994 San Francisco School Bond Fund proceeds for the construction of various San Francisco public schools for fiscal year 1997-98. (Mayor) File 101-97-12, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Appropriation, S.F. Community College District] Ordinance appropriating $35,000, San Francisco Community College District, from the General Fund Reserve for other professional services to allow the Community Health Service to provide HIV testing services, for fiscal year 1997-98. Sponsors Supervisors Ammiano, Teng, Brown, Bierman, Katz. File 101-97-14, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. Adopted [Federal Aviation Administration Lease Renewal] Resolution approving retroactively renewal of Lease No. DTFA-08-97-L-17638 between Federal Aviation Administration and City and County, acting by and through its Airport Commission. (Airport Commission) File 27-97-10, Resolution No. 927-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Construction Contract Expenditure Increase] Resolution approving retroactively expenditure of funds exceeding ten percent of original contract amount, under Water Department Contract WD-2199, repaving street and sidewalk openings for Water Department for fiscal year ending June 30, 1997; subject to certain conditions. (Public Utilities Commission) File 61-97-5, Resolution No. 941-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Lease of Property, Hallidie Plaza] Resolution authorizing the lease of real property at Hallidie Plaza for the operation of a coffee concession by Cable Car Coffee Company, Inc.; subject to certain conditions. (Real Estate Department) File 65-97-12, Resolution No. 942-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Prevailing Wage Requirements] Resolution exempting from prevailing wage provision of Charter Section A 7.204 contract between the San Francisco International Airport and the San Francisco Conservation Corps to perform vegetation and debris removal for the San Francisco International Airport. (Airport Commission) File 172-97-58, Resolution No. 954-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Procurement Agreement, Housing Authority] Resolution authorizing the Purchaser to enter into an agreement with the Housing Authority to make available to the Housing Authority supplies and services at the prices and terms available to the Purchaser under contracts entered into by the City and County. Sponsor Supervisor Brown. File 206-97-5, Resolution No. 959-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed for Second Reading [Information Technology Procurement] Ordinance amending Administrative Code, governing specialized procurement procedures for the efficient, cost-effective and value-effective acquisition of information technology. Sponsor Supervisor Katz, Teng. File 97-97-48, Ordinance No. (Adds Chapter 21B, Sections 21B.1 through 21B.13.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Adopted [Revocable Permit-Sutter Street Right-of-Way] Resolution granting revocable permission to Regents of the University of California to install an underground teleCOMMUNICATION s and pneumatic tube system within the Sutter Street right-of-way, to link a new medical office building at 1701 Divisadero Street, Block 1052, Lot 25 to the Mt. Zion Emergency Room at the Sutter Street frontage of 1600 Divisadero Street Block 1077, Lot 27 and adopting findings pursuant to Planning Code Section 101.1. Sponsor Supervisor Yaki. File 10-97-11, Resolution No. 903-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Mid-Market Project Area Committee Election] Resolution confirming the election of additional members to the Project Area Committee for the Mid-Market Redevelopment Project. Sponsor Supervisor Yaki. File 161-97-4.1, Resolution No. 952-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. Passed for second Reading [Revising Time, Award of Contracts, PTC] Ordinance amending Administrative Code, to provide for additional time for awarding contracts let by the Public Transportation Commission; and by providing that the provisions of this ordinance shall expire on June 30, 1998. (Public Transportation Commission) File 97-97-53, Ordinance No. (Amends Section 6.1-1.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. FromEconomicDevelopment,TransportationandTechnologyCommittee WithoutRecommendation Adopted [Contract Award Extension, MUNI Railway MR-1054] Resolution approving extension of time to award Municipal Railway Contract No. MR-1054 Curtis E. Green Light Rail Vehicle Facility - Replace Sand Dispenser. (Public Transportation Commission) File 61-97-4, Resolution No. 940-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. RecommendationsofHousingandNeighborhoodServicesCommittee Passed for Second Reading [Street Roadway Acceptance] Ordinance accepting for purposes of maintenance the streets designated herein, subject to specified limitations, pursuant to California Streets and Highway Code Section 1806 and Department of Public Works Order No. 170,357. Sponsor Supervisor Teng. File 9-97-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. Consideration Continued [Criminal Penalties, Housing Code Violations] Ordinance amending Housing Code, to require that all life-safety code violations, relating to fire safety, the provision of heat or hot water, or the existence of conditions that endanger the life, limb, health, safety or welfare of any person or the public be chargeable as misdemeanors, and to provide for the return of civil penalties recovered under Section 204 to the Department of Building Inspection’s Special Fund. Sponsors Supervisors Newsom, Bierman, Teng, Medina, Leal, Katz. File 125-97-1, Ordinance No. (Amends Section 204.) Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue consideration to October 20, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. In connection with the above item, Supervisors Leal, Katz requested to be added as co-sponsors. Adopted [Traffic Controls, 30th Street] Resolution urging the Department of Parking and Traffic to change the traffic controls at San Jose Avenue and 30th Street and Dolores and 30th Street to improve the pedestrian safety in an area frequented by elderly persons. Sponsors Supervisors Teng, Ammiano, Bierman, Katz, Leal, Medina. File 190-97-1, Resolution No. 956-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. In connection with the above item, Supervisors Leal, Medina requested to be added as co-sponsors. Consideration Continued [Penalties in Abatement Actions] Resolution urging the Superior and Municipal Courts of the City and County to impose the maximum penalties available in public nuisance abatement actions. Sponsors Supervisors Newsom, Bierman, Teng, Medina, Leal, Katz. File 198-97-2, Resolution No. Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue consideration to October 20, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. In connection with the above item, Supervisors Leal, Katz requested to be added as co-sponsors. [House Confinement as Penalty] Resolution urging the Superior and Municipal Courts of the City and County to impose confinement (of property owner) in the subject property as a condition of probation upon conviction for maintaining a substandard building. Sponsors Supervisors Newsom, Bierman, Ammiano, Brown, Teng, Medina, Leal, Katz. File 198-97-3, Resolution No. Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue consideration to October 20, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. In connection with the above item, Supervisors Leal, Katz requested to be added as co-sponsors. 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.) (September 29, 1997 - Consideration continued to October 14, 1997.) Supervisor Teng, seconded by Supervisor Medina, moved to continue consideration to October 27, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. 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 (September 29, 1997 - Consideration continued to October 14, 1997.) Supervisor Teng, seconded by Supervisor Medina, moved to continue consideration to October 27, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [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 (September 29, 1997 - Consideration continued to October 14, 1997.) Supervisor Teng, seconded by Supervisor Medina, moved to continue consideration to October 27, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [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 (September 29, 1997 - Consideration continued to October 14, 1997.) Supervisor Teng, seconded by Supervisor Medina, moved to continue consideration to October 27, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. PUBLICCOMMENT The privilege of the floor was granted to the following persons: Laboraie P. Smoore, police brutality; Pat Gullikson, support owner, move-in eviction moratorium; Regis Rosetta, support owner, move-in eviction moratorium. 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 Medina requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [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. Sponsors Supervisors Medina, Newsom, Bierman. File 190-97-15, Resolution No. (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) At the request of Supervisor Medina, referred to Housing and Neighborhood Services Committee. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. ForAdoptionWithoutCommitteeReferenceCalendar Adopted [Commending Staff of West Wing Newspaper] Resolution recognizing the advisor and staff of the West Wing newspaper for outstanding journalistic accomplishment. Sponsor Supervisor Yee, Medina. File 6-97-178, Resolution No. 915-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [Commendation-Police Officer Ben Manning] Resolution recognizing Police Officer Ben Manning as San Francisco’s Top Cop for September 1997. Sponsors Supervisors Yee, Medina. File 6-97-179, Resolution No. 916-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisor Medina requested to be added as co-sponsor. [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. Sponsors Supervisors Teng, Katz, Medina. File 6-97-180, Resolution No. 917-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [Commending Chinese Culture Center] Resolution commending the Chinese Cultural Center for its critical role in promoting cultural exchange and understanding of Chinese culture. Sponsors Supervisors Teng, Kaufman, Bierman, Katz, Medina. File 6-97-181, Resolution No. 918-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Kaufman, Bierman, Katz, Medina. File 6-97-182, Resolution No. 919-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Kaufman, Bierman, Newsom, Leal, Katz, Medina. File 6-97-183, Resolution No. 920-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Leal, Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Kaufman, Bierman, Katz, Medina. File 6-97-184, Resolution No. 921-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Katz, Medina requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Bierman, Leal, Katz, Medina. File 13-97-32, Resolution No. 925-97 (October 6, 1997 - Introduced in Board for consideration on October 14, 1997.) Adopted. In connection with the above item, Supervisors Leal, Katz, Medina 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 30-97-1.18 (October 6, 1997 - Introduced in Board for consideration on October 14, 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, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. IMPERATIVECALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Leal, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [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 Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Imperative Resolutions] Adopted [Supporting African American Youth Summit] Resolution expressing the support of the San Francisco Board of Supervisors for the African American Youth Summit. File 006-97-185, Resolution No. 922-97 Supervisor Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. [Commending Inspector Henry Kirk] Resolution recognizing Inspector Henry Kirk as San Francisco’s Top Cop for October 1997. File 006-97-186, Resolution No. 923-97 Supervisor Katz presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Absent: Supervisor Yaki-1. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Departmental Overtime Expenditures] Ordinance amending Administrative Code by amending Section 18.13 to establish procedures for tracking departmental overtime expenditures. Supervisor Leal presented. Referred to Finance Committee. File 097-97-061. [Extended-Hours Premises] Ordinance amending Police Code by amending Sections 1070, 1070.1, 1070.3, 1070.5, 1070.7, 1070.8, 1070.12, 1070.13, 1070.16, 1070.17, 1070.19, 1070.20-1, 1070.21, and 1070.23 to substitute the term "Extended-Hours Premises" for "Cabaret" and to conform terminology to the 1996 Charter. Supervisor Medina presented. Referred to Housing and Neighborhood Services Committee. File 121-97-009. [Sidewalk Tables and Chairs Permit Enforcement] Ordinance amending Public Works Code by adding Section 176.6A to authorize the Director of the Department of Public Health to assist the Director of Public Works in making determinations regarding compliance with the requirements governing the placement of tables and chairs in public rights-of-way. Supervisor Newsom presented. Referred to Housing and Neighborhood Services Committee. File 123-97-007. Referred to Board [Urging Use of Sampling on U.S. Census] Resolution urging all members of Congress to support efforts to ensure the use of sampling in the 2000 Census, particularly since the Committee on National Statistics (convened by the National Academy of Sciences) has found that sampling will improve the accuracy of the count and reaffirms its support for the Census Bureau’s efforts to improve the 2000 Census and the overall census process. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar October 20, 1997. File 012-97-030. RequestsforHearings: [Owner Move-In Evictions of Senior Citizens] Hearing to consider the impacts on senior citizens of owner move-in evictions, the number of senior citizens affected by such evictions, and a moratorium on owner move-in evictions of senior citizens. Supervisors Ammiano, Bierman presented. Referred to Housing and Neighborhood Services Committee. File 109-97-003. [Retirement Board Investment Procedures] Hearing to consider the investment procedures of the Retirement Board including, but not limited to, investments in tobacco companies and requesting the Retirement Board’s Executive Director to explain these procedures. Supervisor Newsom presented. Referred to Finance Committee. File 210-97-002. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Leal, Bierman, Teng, Ammiano, Yaki, Kaufman, Katz, Brown, Newsom, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar October 20, 1997. File 030-97-001.19. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 052-96-005.02. [Underground District, Gough/Green Streets] Ordinance amending Ordinance No. 428-96 to redefine Underground District No. 325 in the Gough/Green area by adding certain property thereto. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 052-97-003. [Underground District, Dolores Heights] Ordinance amending Ordinance No. 367-92 and 390-93 to redefine Underground District No. 318 in the Dolores Heights District by adding certain property thereto. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 052-97-004. [Underground District, Mission Street] Ordinance creating Underground District No. 326 along Mission Street. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 151-97-004.01. [Rincon Point-South Beach Redevelopment Plan] Ordinance amending Ordinance No. 14-81, amended by Ordinance No. 50-84, amended by Ordinance No. 405-91, amended by Ordinance No. 137-92, amended by Ordinance No. 270-92, amended by Ordinance No. 430-94, amended by Ordinance No. 119-97, amended by Ordinance No. 276-97, amended by Ordinance No. 334-97, approving the Redevelopment Plan for the Rincon Point-South Beach Redevelopment Project Area by amending said plan to expand the Project Area by adding land to the South Beach Sub-Area of the Project Area, specifically portions of Block 3774. (Redevelopment Agency) Scheduled for public hearing on Board Calendar of November 10, 1997, at 3:00 p.m. Resolutions Referred to Committee File 038-97-013. [Gift Acceptance] Resolution accepting a gift valued at $13,000 from the Friends of Recreation and Parks for use by the Recreation and Park Department. (Recreation and Park Commission) Referred to Housing and Neighborhood Services Committee. File 038-97-014. [Gift Acceptance] Resolution authorizing the Department of Public Health to accept a gift valued at $62,000, from the California Healthcare Foundation for data analysis services in connection with the work of the Mayor’s Blue Ribbon Committee on Universal Health Care. (Also see File 172-97-67). (Department of Public Health) Health, Family and Environment Committee. File 065-97-014. [Lease of Property] Resolution authorizing a 40-year lease of Public Utilities Commission land between the City and County of San Francisco and Artichoke Joes, in the City of San Bruno, San Mateo County. (Public Utilities Commission) Referred to Finance Committee. File 094-97-003. [Federal Grant, Energy Conservation] Resolution authorizing the General Manager of the Public Utilities Commission to apply for, accept and expend a grant of $75,000 from the U.S. Department of Energy and the Urban Consortium Energy Task Force; providing for ratification of action previously taken. (Public Utilities Commission) Referred to Economic Development, Transportation and Technology Committee. File 148-97-005. [Federal Grant, Hazard Mitigation] Resolution authorizing the Department of Public Works to accept and expend retroactively eleven (11) Hazard Mitigation grants of $6,394,394 from the California Governor’s Office of Emergency Services (OES) on behalf of the Federal Emergency Management Agency (FEMA); waiving indirect costs. (Department of Public Works) Economic Development, Transportation, and Technology Committee. File 172-97-067. [Release Data Agreement] Resolution authorizing the Department of Public Health to enter into an agreement with Kaiser Foundation Health Plan, Inc. and PM Squared, Inc. for the disclosure of data in connection with the work of the Mayor’s Blue Ribbon Committee on Universal Health Care, including confidentiality, indemnification and arbitration provisions. (Also see File 38-97-14). (Department of Public Health) Referred to Health, Family and Environment Committee. File 199-97-002. [Jurisdictional Transfer] Resolution transferring jurisdiction from the Public Utilities Commission to the Public Transportation Commission real property on the southwest corner of Cesar Chavez and Indiana Streets, identified as Assessor’s Block 4352 Lot 6, and Assessor’s Block 4382 Lot 4, for a new diesel bus maintenance, storage, and operating facility; and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) Referred to Finance Committee. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Bierman, that letter be sent to Tony Irons, Department of Public Works, City Hall Project, requesting that, in the process of remodeling City Hall, attention be given to the need for providing wheelchair access to the Board President’s podium area in anticipation of a disabled person becoming President of the Board at some future date and conforming to the Americans With Disabilities Act. By Supervisor Kaufman, that letter be sent to Dr. Stanley Prusiner congratulating him on his receipt of the Nobel Prize in Medicine for his work with prions. By Supervisor Medina, that letter be sent to the Executive Director of the Housing Authority requesting a report outlining the grievance filing process and listing all grievances filed with the Housing Authority since October 15, 1996. By Supervisor Newsom, that the City Attorney provide the following: 1) review contracts with pay phone companies and explore the ability to change the percentage of total revenue that is made by the city from a rate of 20% to 40% as is received by other municipal agencies; 2) draft new provisions to existing contracts that would allow for phones to be provided at City Hall at a rate of ten cents per call; and 3) investigate contract with MUNI to determine if provisions exist that require placement of pay phones at bus stops and underground platforms. By Supervisor Newsom, that letter be sent to the Budget Analyst requesting a report on the revenue given to the City and County through pay phone company contracts. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Mare Frauenfelder Sponsors Supervisors Kaufman, Leal. Kenneth Hahn Sponsor Supervisor Kaufman. Steven Giraudo (By the Entire Board) Theodore Einwohner Sponsor Supervisor Katz. Thomas W. Chinn Sponsor Supervisor Teng. Charlotte Coll Sponsor Supervisor Teng. File 2-97-36 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:03 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