Board of Supervisors Minutes: October 27, 1997

Agenda & Minutes Archive JOURNALOFPROCEEDINGS BOARDOFSUPERVISORS Monday, October 27, 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 2:03 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Katz, Kaufman, Medina, Yaki, Yee-7. Noted absent at first roll call: Supervisors Brown, Leal, Newsom, Teng - 4. Quorum present. Supervisor Brown excused. (See infra.) Supervisor Leal was noted present at 2:04 p.m. Supervisor Newsom was noted present at 2:05 p.m. Supervisor Teng excused. (See infra.) SupervisorsBrown,TengExcused The Clerk stated Supervisors Brown and Teng requested to be excused from attending today’s meeting. Supervisor Yee, seconded by Supervisor Katz, moved to excuse Supervisors Brown and Teng from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Yaki, Yee-8. Absent: Supervisors Brown, Newsom, Teng-3. APPROVALOFJOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Katz, moved that the Journals of Proceedings for Monday, August 18 and August 25, 1997, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Yaki, Yee-8. Absent: Supervisors Brown, Newsom, Teng-3. CONSENTCALENDAR RecommendationsofFinanceCommittee Finally Passed [Appropriation, Airport] Ordinance appropriating $23,190,287, Airport Commission, of various Bond Fund balances to the Airport, for capital improvement projects for fiscal year 1997-98. (Controller) File 101-97-21, Ordinance No. 417-97 (Fiscal Impact.) Finally passed. [Real Estate Fraud Prosecution Fee] Ordinance amending Administrative Code, requiring the collection of a recordation fee of $2.00 at the time of recording real estate instruments and providing that such funds shall be expended for criminal investigations or prosecutions involving recorded real estate documents. Sponsors Supervisors Brown, Teng. File 97-97-54, Ordinance No. 413-97 (Adds Section 8.24-5.) Finally passed. Adopted [Lease Amendment, 30 Van Ness Avenue] Resolution authorizing an amendment to a lease of real property at 30 Van Ness Avenue, San Francisco, for the Department of Human Services. (Real Estate Department) File 64-97-7.1, Resolution No. 961-97 Adopted. [Lease Amendment, 30 Van Ness Avenue] Resolution authorizing an amendment to a lease of real property at 30 Van Ness Avenue, San Francisco, for the Department of Human Services. (Real Estate Department) File 64-97-14, Resolution No. 977-97 Adopted. RecommendationofHealth,FamilyandEnvironmentCommittee Finally Passed [Virgin Redwood Ban] Ordinance amending Administrative Code, to expand the scope of the tropical hardwood ban to include virgin redwood. Sponsors Supervisors Katz, Newsom, Bierman, Ammiano, Brown, Teng. File 97-97-38, Ordinance No. 409-97 (Amends Sections 12I.1 through 12I.6 and Section 12I.8.) Finally passed. RecommendationsofHousingandNeighborhoodServicesCommittee Adopted [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Neighborhood Services Committee) File 19-97-8, Resolution No. 970-97 (NoParking,7am-6pm,ExceptSundays-Establish Plymouth Avenue, west side, from Ocean Avenue to 100 feet northerly (100-foot zone). Perpendicular(90-DegreeAngle)Parking-Establish 19th Street, south side, from Rhode Island Street to 120 feet westerly (120-foot zone). Tow-Away,NoParkingAnytime-Establish Buchanan Street, both sides, between Willow and Eddy Streets; Willow Street, both sides, between Laguna and Buchanan Streets. Two-HourParkingTimeLimit,7am-12Noon,MondayThroughFriday -Establish Monterey Boulevard, both sides, between Junipero Serra Boulevard and San Leandro Way. ResidentialPermitParkingArea"F"(3-HourTimeLimit,9am-4 pm,MondaythroughFriday)-Rescind ResidentialPermitParkingArea"F"(2-HourTimeLimit,9am-4 pmMondaythroughFriday)-Establish Arguello Boulevard, east side, between Sacramento and Washington Streets (100 block, change in time limit only). ResidentialPermitParkingArea"J"(2-HourTimeLimit,8am-5 pm,MondayThroughFriday)-Establish Cole Street, both sides, between Alma and Grattan Streets (1100 block). ResidentialPermitParkingArea"O"(2-HourTimeLimit,8am-6 pm,MondayThroughFriday)-Establish Santiago Street, both sides, between 18th and 19th Avenues (700 block). ResidentialPermitParkingArea"W"(2-HourTimeLimit,8am-6 pm,MondayThroughFriday)-Establish Bryant Street, both sides, between 25th and 26th Streets (2700 block).) Adopted. [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. (Housing and Neighborhood Services Committee) File 20-97-7, Resolution No. 971-97 (CrosswalkClosure-Establish Sansome and Sutter Streets, east crosswalk, crossing Sutter Street (crossing to be prohibited). CrosswalkClosure-Rescind Market and Sutter Streets, north crosswalk, crossing Sutter Street (crosswalk to be re-opened). NoLeftTurn-Rescind NoLeftTurn,ExceptMUNI-Establish Market Street, westbound, at 2nd Street; Sansome Street, southbound, at Sutter Street. One-WayStreet-Rescind Sutter Street, westbound, between Market and Sansome Streets (restores two-way operation). BicycleLanes-Establish Baker Street, east side (northbound only), between Grove and McAllister Streets. Mid-BlockCrosswalk-Establish Corbett Avenue, approximately 279 feet south of Iron Alley (10-foot wide crosswalk at Rooftop School driveway, #500 Corbett Avenue). Tow-Away,NoStopping,4am-8pm,MondayThroughFriday- Establish 6th Avenue, east side, from 50 feet to 100 feet south of Cornwall Street (50-foot zone). NoLeftTurnsorU-Turns-Establish Division Street, westbound, at Bryant Street. NoLeftTurn-Establish 13th Street, eastbound, at South Van Ness Avenue; 13th Street, westbound, at Folsom Street. Tow-Away,NoStoppingAnytime-Establish 13th Street, north side, from Howard Street to 320 feet easterly (320-foot zone); 13th Street, south side, from Folsom Street to 100 feet easterly (100-foot zone); 13th Street, south side, from Folsom Street to 210 feet westerly (210-foot zone).) Adopted. RecommendationsofRulesCommittee Finally Passed [Stephena Waldon v. CCSF, et al.] Ordinance authorizing settlement of the litigation of Stephena Waldon v. City and County, by payment of $110,000. (City Attorney) File 45-97-106, Ordinance No. 406-97 (Superior Court No. 980-230.) Finally passed. [Marcia Greenberg v. CCSF, et al.] Ordinance authorizing settlement of litigation of Marcia Greenberg against the City and County by payment of $15,000 plus attorneys’ fees not to exceed $35,000. (City Attorney) File 45-97-110, Ordinance No. 407-97 (U.S. District Court Case No. C95-2056 DLJ.) Finally passed. [Igor Gindin v. CCSF, et al.] Ordinance authorizing settlement of litigation of Igor Gindin v. City and County by payment of $69,000. (City Attorney) File 45-97-111, Ordinance No. 408-97 (Superior Court No. 979-665.) Finally passed. RecommendationofEconomicDevelopment,Transportation andTechnologyCommittee Adopted [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) File 94-97-3, Resolution No. 988-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. AppointmentofPresidentProTempore At the request of the President, Supervisor Yaki assumed the Chair. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationofFinanceCommittee Finally Passed (Supervisor Kaufman was excused from voting.) [Appropriation, Port Commission] Ordinance appropriating $686,163, Port Commission, of Port Revenues for the construction of the China Basin Ballpark for fiscal year 1997-98. (Controller) File 101-97-15, Ordinance No. 416-97 (Fiscal Impact.) SupervisorNewsomExcusedfromVoting The Clerk announced that Supervisor Newsom requested to be excused from voting because of a possible conflict of interest. Supervisor Katz, seconded by Supervisor Bierman, moved to excuse Supervisor Newsom from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. The roll was then called on the pending ordinance and it was finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Yaki, Yee-7. Excused: Supervisors Kaufman, Newsom-2. Absent: Supervisors Brown, Teng-2. The President resumed the Chair. RecommendationofHousingandNeighborhoodServicesCommittee Finally Passed [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. 418-97 (Amends Section 204.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. RecommendationofRulesCommittee Finally Passed [Emergency Vehicle Use, Citizen Complaints Office] Ordinance amending Administrative Code, to allow employees of the Office of Citizen Complaints to use emergency vehicles owned by the City and County for transportation to and from their place of residence. Sponsors Supervisors Ammiano, Bierman, Brown. File 97-97-46, Ordinance No. 410-97 (Amends Section 4.11.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Leal, Medina, Newsom, Yaki, Yee-8. Noes: Supervisor Kaufman-1. Absent: Supervisors Brown, Teng-2. NEWBUSINESS RecommendationsofFinanceCommittee Passed for Second Reading [Treasure Island and Jail No. 3 Improvements] Ordinance waiving the competitive bidding requirements of Administrative Code Sections 6.01, 6.04 and 6.05 and authorizing the Director of the Department of Public Works and/or the Sheriff to expeditiously enter into contracts for the renovation, furnishing and equipping of the former Navy brig at Treasure Island and repairs to Jail No. 3; companion measure to Files 101-97-20, 102-97-6. (Mayor) File 172-97-64, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Passed for Second Reading as Amended [Appropriation, Treasure Island Brig] Ordinance appropriating $1,699,955, Sheriff Department from General Reserve-Treasure Island Brig to fund the costs associated with staffing, operation and capital improvement of the Naval Brig on Treasure Island for fiscal year 1997-98; placing $100,000 on reserve; companion measure to Files 172-97-64, 102-97-6. (Mayor) File 101-97-20, Ordinance No. (Fiscal Impact.) Supervisor Leal, seconded By Supervisor Yaki, moved to amend page two, line seven, by replacing "Twenty-seven (27)" with "28"; page two, line 25, by replacing "26" with "27"; page three, line seven, by replacing "27" with "28". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Passed for Second Reading [Salary Ordinance Amendment, Sheriff] Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), Sheriff’s Office, reflecting the creation of twenty seven (27) new positions and the reclassification of one (1) existing position; companion measure to Files 172-97-64, 101-97-20. (Mayor) File 102-97-6, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Adopted [Emergency Repair, Castlewood Reservoir] Resolution authorizing retroactively 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) File 28-97-8, Resolution No. 972-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Rescission of Noise Easements] Resolution authorizing the granting of quitclaim deeds to rescind noise easements acquired from various property owners. (Real Estate Department) File 82-97-3, Resolution No. 978-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. RecommendationsofHousingandNeighborhoodServicesCommittee Passed for Second Reading [Zoning-Motor Vehicle Fuel and Alcoholic Beverages] Ordinance amending Planning Code to prohibit establishments that sell motor vehicle fuel concurrent with distilled alcoholic beverages and to require conditional use authorization for establishments that sell motor vehicle fuel concurrent with beer or wine, and making determination of consistency with the priority policies of Planning Code Section 101.1. Sponsors Supervisors Bierman, Teng. File 115-96-15, Ordinance No. (Adds Section 229; Amends Sections 703.2, 803.2 and 803.4.) (From Planning Department, Certificate of Determination of Exemption/Exclusion from Environmental Review dated February 26, 1997.) (City Planning Commission Resolution No. 14372 adopted May 15, 1997, recommending proposed amendment containing revised ordinance language as Exhibit A was adopted and further amended in Committee. ) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [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. Sponsors Supervisors Teng, Bierman. File 121-97-3.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Tour Bus Prohibition-25th Avenue] Ordinance amending Ordinance Nos. 88-96, 281-96, and 272-97, 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. Sponsors Supervisors Teng, Bierman. File 121-97-4.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Adopted [Street Artists] Resolution designating temporary selling spaces in the downtown area at Harvey Milk Plaza for street artists certified by the Art Commission, for the holiday season, 1997, beginning on November 15, 1997 and ending on January 15, 1998. Sponsors Supervisors Teng, Bierman. File 169-97-1, Resolution No. 993-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Contract-Intergovernmental Agreement] Resolution authorizing the Human Rights Commission Executive Director to enter into an agreement with the Housing Authority to make available to the Housing Authority affirmative action/contract compliance/employment expertise and services, subject to the agreement being amended to provide that the Housing Authority shall reimburse the Commission for the services provided by the commission. Sponsors Supervisors Brown, Bierman. File 206-97-8, Resolution No. 998-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Liquor License Transfer, 714 Montgomery Street] Resolution determining that the transfer of an alcohol beverage control license from 431 Natoma Street to 714 Montgomery Street, to Mark Rennie for The Bubble Lounge, will serve the public convenience and necessity of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services Committee) File 223-97-31, Resolution No. 999-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Liquor License, Stuhlmuller Vineyards] Resolution determining that the issuance of a new wholesale and an off-sale beer and wine license to Fritz Stuhlmuller for Stuhlmuller Vineyards at the World Trade Center, will serve the convenience and necessity of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Neighborhood Services) File 223-97-32, Resolution No. 1000-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Passed for Second Reading [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 (Fillmore Street from Green Street to the south side of Vallejo Street and Vallejo Street from the west side of Fillmore Street to the east side of Pierce Street). (Department of Public Works) File 52-96-5.2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [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 (Sanchez Street from Cumberland Street to Nineteenth Street). (Department of Public Works) File 52-97-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Underground District, Mission Street] Ordinance creating Underground District No. 326 along Mission Street (north side of Santa Marina Street to the south side of Silver Avenue). (Department of Public Works) File 52-97-4, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. Recess The Board, at the hour of 2:35 p.m., took a brief recess. ReconveningoftheBoard The Board, at the hour of 3:00 p.m., reconvened. CALLINGTHEROLL On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Katz, Kaufman, Medina, Newsom, Yaki - 7. Noted absent: Supervisors Brown, Leal, Teng, Yee - 4. Quorum present. Supervisor Brown excused. (See supra.) Supervisor Leal was noted present at 3:01 p.m. Supervisor Teng excused. (See supra.) Supervisor Yee was noted present at 3:01 p.m. SPECIALORDER3:00P.M. Hearing Closed [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.) (October 14, 1997 - Consideration continued to October 27, 1997.) The Clerk announced that the Board is in receipt of a letter from the appellant withdrawing the appeal. The President asked if there was anyone present who wished to address the Board on this matter. There being no response, the President declared the public hearing closed. FromtheClerk (Only one of the following two motions should be Adopted. ) Tabled [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 (October 14, 1997 - Consideration continued to October 27, 1997.) Supervisor Yaki, seconded by Supervisor Ammiano, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [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 (October 14, 1997 - Consideration continued to October 27, 1997.) Supervisor Yaki, seconded by Supervisor Ammiano, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [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 (October 14, 1997 - Consideration continued to October 27, 1997.) Supervisor Yaki, seconded by Supervisor Ammiano, moved to table. Tabled by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. PUBLICCOMMENT The privilege of the floor was granted to the following person: Male speaker, voter handbook information on freeway and City Attorney’s race; urge term limits for all elected officials. 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 [Commend Germaine Wong] Resolution commending Ms. Germaine Wong for her work, dedication and exceptional performance in making San Francisco a voter-friendly city and declaring November 20, 1997 as "Germaine Wong Day". Sponsors Supervisors Teng, Kaufman, Bierman, Katz. File 6-97-188, Resolution No. 962-97 (October 20, 1997 - Introduced in Board for introduction on October 27, 1997.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [AIDS Awareness License Plate] Resolution urging the California State Legislature to amend the California Vehicle Code to include Section 5073, allowing for the issuance of special interest license plates depicting a red ribbon which recognizes the impact the AIDS epidemic has had on our society and establish a fund which would allocate the proceeds from the sale of this plate to go to AIDS research. Sponsors Supervisors Newsom, Ammiano, Katz, Leal, Medina, Bierman, Teng, Yaki, Kaufman, Yee, Brown. File 12-97-31, Resolution No. 967-97 (October 20, 1997 - Introduced in Board for introduction on October 27, 1997.) Adopted. [Gay and Lesbian Caucus] Resolution urging the reinstitution of the National Democratic Committee’s Gay and Lesbian Caucus. Sponsors Supervisors Ammiano, Bierman, Katz. File 13-97-33, Resolution No. 968-97 (October 20, 1997 - Introduced in Board for introduction on October 27, 1997.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [Native Americans] Resolution urging the President to appoint a Native American representative to the President’s Advisory Board on Race. Sponsors Supervisors Medina, Bierman, Katz. File 13-97-34, Resolution No. 969-97 (October 20, 1997 - Introduced in Board for introduction on October 27, 1997.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [Final Map] Motion approving final map of 521-523-525 27th Street, a Residential Condominium Project, being a subdivision of Lot 88 in Assessor’s Block No. 6590, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-97-28 (October 22, 1997 - Referred to Board for consideration on October 27, 1997.) Adopted. [Final Map] Motion approving final map of 181-183-185 Franklin Street and 101 Fell Street, a Mixed Use Condominium Project, being a subdivision of Lot 1 in Assessor’s Block No. 833, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works) File 58-97-29 (October 22, 1997 - Referred to Board for consideration on October 27, 1997.) Adopted. [Final Map] Motion approving final map of 3520 Balboa Street and 699 36th Avenue, a Mixed Use Condominium Project, being a subdivision of Lot 13 in Assessor’s Block No. 1579, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works) File 58-97-30 (October 22, 1997 - Referred to Board for consideration on October 27, 1997.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. IMPERATIVECALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Brown Act Finding] Motion that the Board finds by roll call that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Yaki, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Imperative Resolutions] Adopted [Commend Thomas Crawford] Resolution commending Lt. Thomas Crawford for his 30 years of distinguished service to the San Francisco Police Department. File 006-97-189, Resolution No. 964-97 Supervisor Medina presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. [Commend Maria Ravella Borzoni] Resolution commending Maria Ravella Borzoni on her retirement from the US Restaurant. File 006-97-190, Resolution No. 965-97 Supervisors Medina, Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Yaki, Yee-9. Absent: Supervisors Brown, Teng-2. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee [Contracting Authority, Chapters 12B/12C] Substitute ordinance amending Administrative Code Sections 12B.5-1 and 12C.5-1 to authorize the contracting officer to waive Chapters 12B and 12C upon the request of the potential contractor or on the contracting officer’s own initiative where there are no qualified responsive bidders or potential contractors that comply with the requirements of those chapters, for bulk purchasing contracts and where compliance with those chapters would result in the City’s entering into a contract with an entity that was set up, or is being used, for the purpose of evading the intent of the applicable chapter, in each case subject to notification of such proposed waiver to the Director of the Human Rights Commission and the Board of Supervisors and the prior approval of the Director of the Human Rights Commission; to require contracting officers to report waivers of Chapters 12B and 12C to the Director of the Human Rights Commission and to require the Director of the Human Rights Commission to monitor the use of such waivers and to report to the Board of Supervisors regarding such use; to require a statement in an approving resolution before any board committee having jurisdiction over a proposed contract as to whether the contract is subject to any 12B.5-(d) or 12C.5-1(d) waiver; and to authorize the Board to transfer waiver authority from contracting officers to the Director of Human Rights Commission by resolution. Supervisors Katz, Ammiano, Leal, Bierman presented. Referred to Finance Committee with request it be considered at the November 5, 1997 meeting. File 097-97-021.02. [Employee Signature Authorization Ordinance] Ordinance amending Administrative Code by adding Article VII, Chapter 23, Sections 23.31 through 23.35, requiring certain labor representation procedures in hotel or restaurant development projects in which the City has a proprietary interest. Supervisors Katz, Yaki, Yee, Bierman, Leal, Medina, Teng, Ammiano presented. Referred to Finance Committee. File 097-97-062. [Appropriation, Human Rights Commission] Ordinance appropriating $75,000, Human Rights Commission, from General Fund Reserve to fund a disparity study, for fiscal year 1997-98. Supervisor Kaufman presented. Referred to Finance Committee. File 101-97-029. Referred to Board [Commend Clifford Uyeda] Resolution commending the lifetime achievements of Dr. Clifford Uyeda. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar November 3,1997. File 006-97-191. [Commend James T. Ferguson] Resolution commending James T. Ferguson for service with the San Francisco Fire Department. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar November 3, 1997. File 006-97-192. [Commend Timothy F. O’Brien] Resolution commending Timothy F. O’Brien for service with San Francisco Fire Department. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar November 3, 1997. File 006-97-193. Referred to Committee [Interim Zoning Controls, Ballpark Vicinity] Resolution imposing interim zoning controls for a period of 18 months to establish the Ballpark Vicinity Special Use District, which would apply in the area bounded by Highway 80 and the Bay Bridge to the north, Fourth Street to the west, China Basin Channel to the south and San Francisco Bay to the east, excluding the Northeast China Basin Special Use District and the Mission Bay Districts and would require Planning Commission approval for certain enumerated uses and prohibit entirely other uses pending the adoption of permanent controls. Supervisor Bierman presented. Referred to Economic Development, Transportation and Technology Committee. File 111-97-004. Referred to Board [Lighting, Beale Street Carpool Site] Resolution urging the Bureau of Light, Heat and Power for the City and County of San Francisco to provide emergency lighting for the Beale Street carpooling site (south of Howard Street). Supervisor Newsom presented. Referred to Board for Adoption Without Committee Reference Calendar November 3, 1997. File 191-97-005. Referred to Committee [Parking Meter Replacement Program] Hearing to consider the status of the City-wide parking meter replacement program. Supervisors Kaufman, Newsom, Bierman presented. Referred to Finance Committee. File 190-97-011.01. [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, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar November 3, 1997. File 030-97-001.20. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 034-97-006. [Sidewalk Width Regulations, Irving Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1540 to change the official sidewalk width on Irving Street between Arguello Boulevard and Second Avenue, as shown on the Department of Public Works drawing labeled Q-20-480, making findings pursuant to the General Plan and Planning Code Section 101.1, and requesting other official action in connection therewith. (Department of Public Works) Referred to Housing and Neighborhood Services Committee. File 045-97-113. [Coca Cola Company, v. CCSF] Ordinance authorizing settlement of litigation of Coca Cola Company against the City and County of San Francisco and unlitigated business license and payroll tax claims of the Coca Cola Company by refunding $185,000 plus interest on any delay in payment beyond December 9, 1997. (Superior Court No. 984-774). (City Attorney) Referred to Rules Committee. File 045-97-114. [Robinson, et al. v. CCSF] Ordinance authorizing settlement of litigation of Dale Robinson, Judy Erickson, Earl Gilman, Herb Weiner and Carole White against the City and County of San Francisco by payment of $325,008.00. (Superior Court No. 939-555). Referred to Rules Committee. File 052-96-002.02. [Underground District] Ordinance amending Ordinance No. 155-96 to redefine Underground District No. 322 in the Alpine Terrace/Museum Way District by adding certain property thereto. (Department of Public Works) Referred to Economic Development, Transportation and Technology Committee. File 101-97-022. [Appropriation, Public Transportation Commission] Ordinance appropriating $1,364,564, Public Transportation Commission, of Safe Harbor Lease Revenue to provide additional funding for the Advanced Train Control System Project for fiscal year 1997-98. RO #97114. (Controller) Referred to Finance Committee. File 101-97-025. [Appropriation, Hetch Hetchy Water and Power Dept] Ordinance appropriating $265,518, Hetch Hetchy Water and Power Department, of Hetch Hetchy Power Revenues for the creation of a new Retail Power Accounts Program and for the creation of four (4) new positions for fiscal year 1997-98; companion measure to File 102-97-7. RO #97127. (Controller) Referred to Finance Committee. File 101-97-026. [Appropriation, Airport Commission] Ordinance appropriating $4,000,000, Airport Commission, from fund balance to reduce estimated landing fees revenue pursuant to lease and use agreement between San Francisco Airport and various airlines, for fiscal year 1997-98. RO #97130. (Controller) Referred to Finance Committee. File 101-97-027. [Appropriation, Department of Public Works] Ordinance appropriating $755,000, Department of Public Works, from the General Fund Reserve ($695,000 from reserve for Third Street cleanup and $60,000 from reserve for Tenderloin extra cleaning services) to fund salaries, supplies and equipment for cleaning services in the Bayview and Tenderloin areas and the creation of one (1) position for fiscal year 1997-98; companion measure to File 102-97-8. RO #97128. (Controller) Referred to Finance Committee. File 101-97-028. [Appropriation, District Attorney] Ordinance appropriating $189,740, District Attorney, of General Fund Bad Check Recovery Revenues, for the creation of three and a half (3.5) positions for fiscal year 1997-98; companion measure to File 102-97-9. RO #97129. (Controller) Referred to Finance Committee. File 115-97-009. [Institutional Master Plan] Substitute ordinance amending Planning Code Section 304.5 to allow any existing institution presently occupying a site of less than one acre and not anticipating any future expansion to more than one acre to file an abbreviated institutional master plan. (Planning Department) Referred to Housing and Neighborhood Services Committee. File 164-97-004.01. [Former Octavia St. Easement-Vacation and Sale] Ordinance ordering the vacation and sale of a portion of a sewer and public utility easement located in the former Octavia Street between Post Street and Geary Boulevard and authorizing other official actions in connection therewith; companion measure to File 164-97-4. (Real Estate Department) Referred to Economic Development, Transportation and Technology Committee. Resolutions Referred to Committee File 046-97-011. [Property Tax Settlement] Resolution authorizing settlement of property tax disputes with Stanislaus and San Joaquin Counties. (State Board of Equalization Numbers ARA 95-010 and 95-012). (City Attorney) Referred to Rules Committee. File 064-97-018. [Extension and Renewal of Leases] Resolution authorizing retroactive extension and renewal of seven (7) existing leases of real property required by the Department of Public Health. (Real Estate Department) Referred to Finance Committee. File 133-97-007. [Used Oil Recycling Grant] Resolution authorizing the City Administrator to apply for up to $500,00 in Oil Recycling Grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs. (City Administrator) Referred to Health, Family and Environment Committee. File 164-97-004. [Former Octavia St. Easement-Vacation and Sale] Resolution declaring intention of the Board of Supervisors to vacate and sell a portion of a sewer and public utility easement located in the former Octavia Street between Post Street and Geary Boulevard setting the hearing date for all persons interested in the proposed vacation and sale, making findings of General Plan conformance and consistency with Planning Code Section 101.1, and authorizing other actions in connection therewith; companion measure to File 164-97-4.1. (Real Estate Department) Referred to Economic Development, Transportation and Technology Committee. File 172-97-068. [Contract, CCSF - State Dept. of Social Services] Resolution authorizing retroactively the execution of a contract between the City and County of San Francisco and the State of California Department of Social Services in the amount of $20,000 for participation by the City and County in media recruitment of foster and adoptive homes for the fiscal years 1997-1998 and 1998-1999. (Department of Human Services) Referred to Health, Family and Environment Committee. File 172-97-069. [Agreement, Sheriff/Dr. George Bach-Y-Rita] Resolution authorizing the Sheriff’s Department to enter into a professional services agreement with George Bach-Y-Rita, M.D., which provides for indemnification of Dr. Bach-Y-Rita from compensatory damages for negligent formation of his professional opinion as to psychological suitability of applicants for employment as Deputy Sheriffs in San Francisco County. (Sheriff) Referred to Housing and Neighborhood Services. RequestsGranted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Leal, that City Attorney review, prepare and approve as to form legislation which would establish a Green Building Design ordinance relating to resource-efficient guidelines for the planning, design, construction and operation of City buildings based on proposal recommended by the Department of the Environment. By Supervisor Newsom, that letter of inquiry be sent to Chief of Police about enforcement of the Bryant Street carpool lane to determine the schedule breakdown between the Police Department and the California Highway Patrol at this location. By Supervisor Newsom, that letter of inquiry be sent to Director, Department of Public Works concerning pigeon droppings at the Beale Street carpool site to determine whether cleaning is within its purview and/or whether Caltrans can be requested to keep the area cleaner. By Supervisor Ammiano, that letter of inquiry be sent to Director, San Francisco Housing Authority to determine whether landlord participation in Section 8 housing voucher programs has been affected by rising rents in the city and whether housing voucher recipients are being forced to move more frequently as a result. By Supervisor Ammiano, that letters be sent to Director, Department of Public Health and the San Francisco Unified School District requesting that they monitor the current condom recall to ensure that compromised "goods" are not distributed to students or clients. By Supervisor Ammiano, that letter be sent to his Honor, Mayor Willie L. Brown, Jr. requesting he appoint an additional member to the Citizens Advisory Committee of the Mission Bay Development Project who is a resident of Lower Potrero Hill because the project area has been expanded to include Lower Potrero Hill at Mariposa Street. MotionsAdopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Richard Peckman Sponsors Supervisors Leal, Kaufman, Katz. Judith Chapman Sponsors Supervisors Katz, Kaufman. File 2-97-41 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