December 15, 1997

Agenda & Minutes Archive

JOURNALOFPROCEEDINGS
BOARDOFSUPERVISORS

Monday, December 15, 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, Katz, Kaufman, Medina, Newsom, Teng, Yaki -8.
Noted absent at first roll call:
Supervisors Brown, Leal, Yee - 3.

Quorum present.

Supervisor Brown was noted present at 2:03 p.m.
Supervisor Leal was noted present at 2:04 p.m.
Supervisor Yee was noted present at 2:04 p.m.


CONSENTCALENDAR

RecommendationsofFinanceCommittee
Finally Passed

[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. (Controller) File 101-97-22, Ordinance No. 468-97 (Fiscal Impact.) Finally passed.

[Appropriation, Airport Commission]
Ordinance appropriating $4,000,000, Airport Commission, from Fund Balance, to reduce estimated landing fees and rental revenues pursuant to Lease and Use Agreement between San Francisco Airport and various airlines, for fiscal year 1997-98. (Controller) File 101-97-26, Ordinance No. 469-97 (Fiscal Impact.) Finally passed.

[Appropriation, Mayor’s Office]
Ordinance appropriating $800,000, Mayor’s Office, of Citizen’s Option for Public Safety (COPS) Program Revenue, to implement part of the comprehensive juvenile justice action plan and to fund the start up costs of five pilot programs for fiscal year 1997-98; subject to certain conditions. (Controller) File 101-97-30, Ordinance No. 458-97 Finally passed.

[Appropriation, Mayor’s Office]
Ordinance appropriating $100,000, Mayor’s Office, from the General Fund Reserve-Youthline for the implementation of the Youthline Program for fiscal year 1997-98. Sponsor Supervisor Kaufman. File 101-97-33, Ordinance No. 459-97 Finally passed.

[Benefits for Court Employees]
Ordinance amending Ordinance No. 289-96, which sets schedules of compensation and other economic benefits for fiscal year 1997-98 for certain classifications of persons employed by the Municipal Court for the City and County, by adding certain retirement benefits for Court Reporters. (Municipal Court) File 106-96-3.1, Ordinance No. 460-97 Finally passed.

Passed for Second Reading

[Santa Clara County District Transit v. CCSF]
Ordinance authorizing settlement of litigation of Santa Clara County Transit District against the City and County by payment of $51,800. (City Attorney) File 45-97-127, Ordinance No. (Santa Clara County Superior Court No. CV 762485.) Passed for second reading. Adopted

[Lease Renewal, Three Parking Lots]
Resolution authorizing three renewal leases for parking lots located in the vicinity of Sixth and Harrison Streets described as SFX80-21, SFX80-22, and SFX80-23 (Caltrans property), for the Police Department and Sheriff retroactive to September 1, 1997. (Real Estate Department) File 64-97-19, Resolution No. 1126-97 Adopted.

RecommendationsofHousingandNeighborhoodServicesCommittee
Finally Passed

[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) File 34-97-6, Ordinance No. 461-97 Finally passed.

[Senior Housing Special Use District]
Ordinance amending Planning Code to create a Senior Housing Special Use District at Scott and Post Streets consisting of Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor’s Block 681; finding consistency with Planning Code Section 101.1; companion measure to Files 115-97-4.1, 115-97-5, 36-97-1, 36-97-2. Sponsors Supervisors Kaufman, Leal, Bierman, Katz, Teng, Medina, Yaki, Newsom, Ammiano, Brown. File 115-97-4, Ordinance No. 472-97 (Adds Section 249.20.) Finally passed.

[Scott Street Senior Housing, Height and Bulk]
Ordinance amending Planning Code to create special height and bulk exceptions for the Scott Street Senior Housing Special Use District at Scott and Post Streets on Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor’s Block 681; finding consistency with Planning Code Section 101.1; companion measure to Files 115-97-4.1, 115-97-4, 36-97-1, 36-97-2. Sponsors Supervisors Kaufman, Leal, Bierman, Katz, Medina, Teng, Yaki, Newsom, Ammiano, Brown. File 115-97-5, Ordinance No. 473-97 (Adds Section 263.15.) (October 23, 1997 - Approved by Planning Commission Resolution No. 14481.) Finally passed.

[Zoning Map Amendment, Scott Street Senior Housing]
Ordinance adopting changes in property use classification as an amendment to the Zoning Map of property located at Scott and Post Streets of Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor’s Block 681 from RH-3 (Residential, House, Three Family) District and NC-3 (Moderate-Scale Neighborhood Commercial) District to RH-3 (Residential, House, Three Family) District and NC-3 (Moderate-Scale Neighborhood Commercial) District and the Scott Street Senior Housing Special Use District; finding consistency with Planning Code Section 101.1; companion measure to Files 115-97-4.1, 115-97-4, 115-97-5, 36-97-2. Sponsors Supervisors Kaufman, Leal, Bierman, Katz, Medina, Teng, Yaki, Newsom, Ammiano, Brown. File 36-97-1, Ordinance No. 462-97 (October 23, 1997 - Approved by Planning Commission Resolution No. 14481.) Finally passed.

[Zoning Map Amendment, Scott Street Senior Housing]
Ordinance adopting changes in property height and bulk classification as amendment to the Zoning Map of property located in the Scott Street Senior Housing District on Lots 15, 18, 19, 22, 29A, 29B, 38 and 40 in Assessor’s Block 681 from 50-X and 65-A Districts to 50-X/70-J and 65-A/70-J; finding consistency with Planning Code Section 101.1; companion measure to Files 115-97-4.1, 115-97-4, 115-97-5, 36-97-1. Sponsors Supervisors Kaufman, Leal, Bierman, Katz, Medina, Teng, Yaki, Newsom, Ammiano, Brown. File 36-97-2, Ordinance No. 463-97 (October 23, 1997 - Approved by Planning Commission Resolution No. 14481.) Finally passed.

RecommendationsofRulesCommittee Finally Passed

[Kennedy, et al. v. CCSF, et al.]
Ordinance authorizing settlement of litigation of plaintiffs Sarah Kennedy and Heather Piccone against the City and County by payment of $137,581.69. (City Attorney) File 45-97-124, Ordinance No. 464-97 (Superior Court No. 973-096.) Finally passed.

[Humberto Garcia v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Humberto Garcia against the City and County by payment of $139,000 plus waiver of San Francisco General Hospital lien of $15,589.83. (City Attorney) File 45-97-125, Ordinance No. 465-97 (Superior Court No. 968-854.) Finally passed.

[Jeff Edwards v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Jeff Edwards v. City and County, et al., by payment of $110,000. (City Attorney) File 45-97-126, Ordinance No. 466-97 (United States District Court No. C96-2263 PJH.) Finally passed.

[Claims Deadlines]
Ordinance amending Administrative Code to change the deadline for filing claims for death or injury to the person or to personal property or growing crops from 100 days to six months. (Clerk of the Board) File 97-97-64, Ordinance No. 467-97 (Amends Section 10.20-3.) Finally passed.

RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Adopted

[Grant - State Funds]
Resolution authorizing the Executive Director, Department of Parking and Traffic, to retroactively apply for, accept and expend a grant of $215,000 of fiscal year 1997-98 California Office of Traffic Safety (OTS) funds for a new staff position to oversee a Bicycle and Pedestrian Safety Program. (Department of Parking and Traffic) File 192-97-5, Resolution No. 1141-97 Adopted.

[Grant - Federal Funds]
Resolution authorizing Executive Director, Department of Parking and Traffic, to retroactively apply for, accept and expend a grant in Federal funds in the amount of $372,086 for two traffic and bicycle safety projects; providing for ratification of action previously taken. (Department of Parking and Traffic) File 192-97-6, Resolution No. 1142-97 Adopted.

The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Newsom, Teng, Yaki-9. Absent: Supervisors Leal, Yee-2. REGULARCALENDAR UNFINISHEDBUSINESS RecommendationsofFinanceCommittee
Finally Passed

[Appropriation, District Attorney]
Ordinance appropriating $117,639, 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, subject to certain conditions; companion measure to File 102-97-9. (Controller) File 101-97-28, Ordinance No. 470-97 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Salary Ordinance Amendment, District Attorney]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997-98), District Attorney, reflecting the creation of 3.5 new positions; companion measure to File 101-97-28. (Department of Human Resources) File 102-97-9, Ordinance No. 471-97 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

RecommendationofHousingandNeighborhoodServicesCommittee Finally Passed

[Sidewalk and Encroachment Permit Appeals]
Ordinance amending the Public Works Code 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. Sponsor Supervisor Kaufman. File 123-97-6, Ordinance No. 474-97 (Amends Section 723.2.) Finally passed 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, Mayor’s Office]
Ordinance appropriating and rescinding $76,258, Mayor’s Office, for salaries and fringe benefits and for the creation of two (2) positions for fiscal year 1997-98; companion measure to File 102-97-10. (Controller) File 101-97-31, 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 Amendment, Mayor’s Office]
Ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Mayor’s Office, reflecting the creation of two (2) positions (Class 1363 Special Assistant IV and 1369 Special Assistant X); companion measure to File 101-97-31. (Department of Human Resources) File 102-97-10, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Appropriation, Public Utilities Commission]
Ordinance appropriating $1,648,000, Public Utilities Commission, from Cleanwater Fund balance to claims and judgments, PUC-Cleanwater Program, for fiscal year 1997-98 and authorizing settlement of litigation of Walter and Ramona Yee against the City and County; companion measure to File 45-97-123. (Controller) File 101-97-32, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Yee v. CCSF]
Ordinance authorizing settlement of litigation of Walter and Ramona Yee against the City and County by payment of $1,648,000; companion measure to File 101-97-32. (City Attorney) File 45-97-123, Ordinance No. (Superior Court No. 980-740.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Street Closure Fee Waiver]
Ordinance waiving fees charged by the City and County for the closure of streets (Larkin Street between Eddy and O’Farrell Streets, and Ellis Street between Polk and Hyde Streets) for the 1997 TET Festival; the TET Festival, sponsored by the Vietnamese Community Center of San Francisco, is a celebration of the Vietnamese New Year. Sponsor Supervisor Yee. File 42-97-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Employee Claims - Payment Approval]
Ordinance amending Administrative Code, dealing with non-uniformed employee claims for damaged and stolen property, respectively, providing that such claims shall be approved by the department head, or, for claims in excess of $1,000, by the Department head, the Controller and the Board of Supervisors; and repealing Sections 10.25-8 and 10.25-9. Sponsors Supervisors Kaufman, Medina. File 97-97-44, Ordinance No. (Repeals Sections 10.25-8 and 10.25-9; adds new Sections 10.25-8 and 10.25-9.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted

[Prop J Contract, Intake and Shelter Services]
Resolution retroactively concurring with the Controller’s certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Juvenile Probation Department) File 25-97-17, Resolution No. 1123-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Lease Agreement, Port/Kelly’s Mission Rock, LLC]
Resolution approving lease agreement with Kelly’s Mission Rock, LLC, a California limited liability company and the City and County operating by and through the Port Commission for the Mission Rock Resort Restaurant located at 817 Terry Francois Boulevard; subject to certain conditions. (Port) File 65-97-15, Resolution No. 1127-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Property Acquisition, 20 Lessing Street]
Resolution approving and authorizing an agreement for purchase and sale of real property in the Excelsior-Cayuga District generally described as 20 Lessing Street, Lot 1 in Assessor’s Block 7160, for open space purposes and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 84-97-6, Resolution No. 1128-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Citywide Emergency Radio System Financing]
Resolution approving the issuance of Lease Revenue Bonds (not to exceed $35,000,000) of the City and County Finance Corporation; approving the execution and delivery of a site lease agreement between the City and County, as lessor, and the City and County Finance Corporation, as lessee, relating to certain police, fire, and health facilities located in the City (as further described in this resolution); approving the execution and delivery of a lease and option to purchase between the corporation, as lessor, and the City, as lessee, relating to the property (including certain indemnification provisions therein); approving the execution and delivery of an indenture of trust among the corporation, the City and the trustee; approving the execution and delivery of a continuing disclosure certificate relating to said Bonds; approving the circulation of an official statement relating to said Bonds; ratifying previous actions taken in connection with the foregoing matters; adopting findings under the California Environmental Quality Act and findings pursuant to Planning Code Section 101.1; and authorizing the taking of appropriate actions in connection therewith. (Mayor) File 170-97-11, Resolution No. 1115-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

FromFinanceCommitteeWithoutRecommendation Consideration Continued

[Appropriation, Office of Citizen Complaints]
Ordinance appropriating $147,216, Office of Citizen Complaints-Police Department ($71,683 from General Reserve-Office of Citizen Complaints and $75,533 from San Francisco International Airport Reserve Fund) for salaries, fringe benefits, rent, other current expenses, materials and supplies, equipment and services of other department and for the creation of three (3) positions, for fiscal year 1997-98; companion measure to File 102-97-12. (Mayor Willie L. Brown, Jr.) File 101-97-36, Ordinance No. Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue consideration to December 22, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Salary Ordinance Amendment, Police Department]
Ordinance amending Annual Salary Ordinance 307-97 reflecting the creation of three new positions in the Police Department, Office of Citizen Complaints. (Mayor Willie L. Brown, Jr.) File 102-97-12, Ordinance No. Supervisor Newsom, seconded by Supervisor Ammiano, moved to continue consideration to December 22, 1997. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

RecommendationsofEconomicDevelopment,Transportation andTechnologyCommittee Adopted

[Contract Award Extension, Hetch Hetchy]
Resolution approving Contract Modification No. 2 and granting extension of time for completion of Hetch Hetchy Contract No. HH-853, Tuolumne Meadows Sewer (Collection System) Rehab - Phase II; retroactive to October 2, 1997. (Public Utilities Commission) File 61-97-6, Resolution No. 1125-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Grant - Federal Funds]
Resolution authorizing the Executive Director of the Department of Parking and Traffic to retroactively apply for, accept and expend a grant of Federal funds in the amount of $1,605,500 for two traffic and bicycle safety projects; putting contract costs on reserve; providing for ratification of action previously taken. (Department of Parking and Traffic) File 192-97-7, Resolution No. 1143-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Piazzoni Murals]
Resolution urging the Asian Art Commission to protect and preserve the Piazzoni paintings currently located in the old Main Library by removing them from the building before major construction begins and urging the Asian Art Commission to conserve the paintings and explore options for their disposition. Sponsors Supervisors Yaki, Teng, Yee, Katz. File 197-97-1.2, Resolution No. 1144-97 Adopted by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-9. Noes: Supervisors Ammiano, Bierman-2.

[Grant, MUNI Advanced Train Control System Project]
Resolution authorizing the Public Transportation Commission to apply for, accept and expend $3,182,282 of State Clean Air and Transportation Improvement Act Bond funds and $3,553,154 of State Flexible Congestion Relief Transportation Improvement Act Bond funds for the replacement of Municipal Railway subway signal system waiving indirect costs. (Public Transportation Commission) File 213-97-2, Resolution No. 1145-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

RecommendationsofHousingandNeighborhoodServicesCommittee Passed for Second Reading as Amended (Supervisor Newsom excused from voting in Committee.

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[Eviction Moratorium on Owner Move-Ins]
Ordinance amending Administrative Code to prohibit, except under narrow circumstances, owner/relative move-in evictions that would result in the displacement of residential tenants who are 60 years of age or older or disabled and have been residing in the same rental unit for 10 years or more, or who are catastrophically ill and have been residing in the same rental unit for 5 years or more; this temporary moratorium would be in effect through June 30, 1999; and making technical non-substantive changes. Sponsors Supervisors Teng, Ammiano, Bierman, Medina. File 109-97-4, Ordinance No. (Amends Section 37.9.) SupervisorsKaufman,Newsom,YeeExcusedfromVoting The Clerk announced that Supervisors Kaufman, Newsom, and Yee requested to be excused from voting because of a possible conflict of interest. Supervisor Ammiano, seconded by Supervisor Bierman, moved to excuse Supervisors Kaufman, Newsom, and Yee from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Supervisor Teng, seconded by Supervisor Medina, moved an amendment of the whole bearing same title. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Teng, Yaki-8. Excused: Supervisors Kaufman, Newsom, Yee-3. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Leal, Medina, Teng, Yaki-8. Excused: Supervisors Kaufman, Newsom, Yee-3. Adopted

[San Francisco Lighting Policy]
Resolution urging the Public Utilities Commission to adopt the modification to its street lighting guidelines currently before it and consider a white light source or mental halide lamps as an alternative street lighting source and to develop long-term strategic plan to light the streets of San Francisco to increase pedestrian safety, commercial activity, and to enhance civic beauty. Sponsors Supervisors Teng, Bierman, Katz. File 191-97-2, Resolution No. 1139-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Metal Halide Lamp Pilot Projects]
Resolution urging the Public Utilities Commission, the Department of Public Works, the Recreation and Park Department and the Pacific Gas and Electric Company to coordinate efforts to install a white light source or metal halide lamps in Chinatown, Union Square and Civic Center Plaza as neighborhood pilot projects. Sponsors Supervisors Teng, Bierman, Katz. File 191-97-2.1, Resolution No. 1140-97 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

RecommendationsofRulesCommittee Adopted

[Evening Board Meeting]
Resolution scheduling the May 11, 1998, Board meeting of the San Francisco Board of Supervisors in the evening in order to encourage public participation. Sponsors Supervisors Katz, Teng, Newsom, Ammiano, Bierman, Brown. File 54-97-10, Resolution No. 1124-97 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 Airport Noise Committee, term expired, for new three-year term ending September 30, 1999. (Rules Committee) File 92-96-45.4, Resolution No. 1117-97 (Curt Holzinger, succeeding Don Bertone, Seat No. 20508, 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 Hazardous Materials Advisory Committee, for new four-year term ending July 1, 2001. (Rules Committee) File 92-97-25.2, Resolution No. 1130-97 (Ross A. Tibbits, succeeding Thomas Bernard, Seat No. 22620, open seat, no requirement, term expired.) 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 newly established Immigrant Rights Commission, pursuant to Ordinance No. 211-97. (Rules Committee) File 92-97-27, Resolution No. 1131-97 (Philip Tuong Duy Nguyen; Dr. Anita Friedman; Samuel Assefa.) 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 92-97-32.4, Resolution No. 1132-97 (Carol Lane, succeeding herself, Seat No. 23314, from list of organizations; Maurice Campbell, succeeding Jean Comaskey, Seat No. 23315, from list of organizations; Gregory Rocca, succeeding Willa Sims, Seat No. 23316.) 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 Local Homeless Coordinating Board; for indefinite term. (Rules Committee) File 92-97-47.2, Resolution No. 1133-97 (Jennifer Grant, Seat No. 30705, Service Provider.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Adopted as Amended (Supervisor Brown excused from voting in Committee.

)

[Appointment]
Resolution appointing Supervisor Amos Brown as a member of the Association of Bay Area Governments, Executive Board, for unexpired portion of two-year term ending June 30, 1999. (Rules Committee) File 92-97-52, Resolution No. 1134-97 (Supervisor Amos Brown, succeeding Supervisor Susan Leal, Seat No. 10302, regular position, resigned.) SupervisorBrownExcusedfromVoting The Clerk announced that Supervisor Brown requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Medina, moved to excuse Supervisor Brown from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Supervisor Yaki, seconded by Supervisor Newsom, moved to amend line 9 to add "effective Noon, January 8, 1998." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-10. Excused: Supervisor Brown-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-10. Excused: Supervisor Brown-1. (Supervisor Yee excused from voting in Committee.

)

[Appointment]
Resolution appointing Supervisor Leland Yee as a member of the Association of Bay Area Governments, Executive Board, for unexpired portion of two-year term ending June 30, 1999. (Rules Committee) File 92-97-52.1, Resolution No. 1135-97 (Supervisor Leland Yee, succeeding Supervisor Amos Brown, Seat No. 10304, alternate member, resigned.) SupervisorYeeExcusedfromVoting The Clerk announced that Supervisor Yee requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Medina, moved to excuse Supervisor Yee from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Supervisor Yaki, seconded by Supervisor Newsom, moved to amend Line 9 to add "effective Noon, January 8, 1998." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki-10. Excused: Supervisor Yee-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki-10. Excused: Supervisor Yee-1. Adopted

[Appointments]
Resolution appointing Governing Board Members to the San Francisco Health Authority, for new three-year terms ending January 15, 2001. (San Francisco Health Plan) File 92-97-53, Resolution No. 1136-97 (Maria Luz Torre, succeeding Libah Sheppard, Seat No. 50610, must be nominee of San Francisco Health Authority Beneficiary Committee; Josie Mooney, succeeding herself, Seat No. 50609, must be nominee of San Francisco Labor Council; Judith Mates, M.D., succeeding herself, Seat No. 50608, must be nominee of San Francisco Medical Society; Thomas Harlan, succeeding himself, Seat No. 50602, must be nominee of Westbay Hospital Conference.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

[Appointment]
Resolution appointing Supervisor Michael Yaki as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District, for unexpired portion of two-year term ending January 31, 1999. (Rules Committee) File 92-97-54, Resolution No. 1137-97 (Supervisor Michael Yaki, succeeding Supervisor Susan Leal, Seat No. 50307, resigned.) SupervisorYakiExcusedfromVoting The Clerk announced that Supervisor Yaki requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Medina, moved to excuse Supervisor Yaki from voting. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yaki, Yee-11.

Supervisor Yaki, seconded by Supervisor Newsom, moved to amend line 9 to add "effective Noon, January 8, 1998." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Excused: Supervisor Yaki-1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Newsom, Teng, Yee-10. Excused: Supervisor Yaki-1.

[Proposition O Meeting]
Motion ordering a special meeting of the Housing and Neighborhood Services Committee of the San Francisco Board of Supervisors be held on January 15, 1998, at 6:00 p.m. in the secular, community meeting room of the First Union Baptist Church, 1001 Webster Street. Sponsor Supervisor Brown. File 54-97-11.1 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: Robert, general issues; Michael Levin, oppose elevator structure at Hallide Plaza; George Williams, 911 program. 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

[Commendation - Filipino-American Democratic Club]
Resolution commending the Filipino-American Democratic Club for its efforts to raise political awareness in the Filipino-American community. Sponsors Supervisors Yaki, Kaufman, Bierman, Katz. File 6-97-214, Resolution No. 1118-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors.

[Commendation, NICOS]
Resolution commending NICOS for its work in the Chinese community Health Study and urging the Department of Public Health to collaborate with NICOS to provide a more inclusive and comprehensive health care for San Francisco residents, including people with low-income and language barrier and urging the Department of Public Health and other private and/or public funding agencies to put resources in the research and development for the treatment of the compulsive gamblers. Sponsors Supervisors Teng, Bierman, Katz. File 6-97-215, Resolution No. 1119-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors.

[Commendation, Pets Unlimited]
Resolution recognizing Pets Unlimited on the occasion of its fiftieth anniversary and commending the organization, its founders, and staff for their contributions to the people of the City and County and their pets. Sponsors Supervisors Kaufman, Katz. File 6-97-216, Resolution No. 1120-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[Red Light Camera Enforcement]
Resolution urging the California State Legislature to enact enabling legislation which will allow municipalities to classify as a non-moving violation the offense of running a red light when the ticket is issued as a result of a controlled intersection red light camera identifying the car but not the driver. Sponsors Supervisors Newsom, Leal, Bierman, Katz. File 12-97-37, Resolution No. 1121-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors.

[Supporting Federal Legislation/Gasoline MTBE]
Resolution declaring support of the City and County for Federal legislation to reduce or eliminate the level of the gasoline additive Methyl Tertiary Butyl Ether (MTBE) in order to reduce possible carcinogenic and other potential health hazards in groundwater and underground potable water supplies. Sponsors Supervisors Bierman, Katz. File 13-97-41, Resolution No. 1122-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[Red Light Camera Funding]
Resolution urging the Mayor and the Parking and Traffic Commission to approve a request for supplemental budget appropriation for revenue neutral funding for the administration of an expanded Red Light Photo Enforcement Program; also urging the Controller to track revenues and expenditures from funds generated by red light enforcement which is used to fund the Red Light Photo Enforcement and related safety programs. Sponsors Supervisors Newsom, Leal, Bierman, Katz. File 88-97-3., Resolution No. 1129-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors.

[Grant Application-Special Advocate]
Resolution approving San Francisco Court appointed Special Advocate (SFCASA) submission of grant application to the Judicial Council Court-Appointed Special Advocate. Sponsors Supervisors Yaki, Katz. File 279-97-1, Resolution No. 1116-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor.

[San Francisco Citywide One Less Gun Campaign]
Resolution endorsing and supporting San Francisco’s Citywide One Less Gun Campaign. Sponsors Supervisors Brown, Kaufman, Bierman, Katz. File 280-97-1, Resolution No. 1146-97 (December 8, 1997 - Introduced in Board for consideration on December 15, 1997.) Adopted.

In connection with the above item, Supervisor Katz requested to be added as co-sponsor. 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, Yaki, Yee-10. Absent: Supervisor Teng-1. OFF-CALENDARLEGISLATION ROLLCALLFORINTRODUCTIONOFMEASURESANDCOMMUNICATION

S NOTCONSIDEREDORREPORTEDONBYCOMMITTEE Referred to Committee

[Closed Sessions for Assessing Merit]
Ordinance amending Administrative Code Chapter 67, the San Francisco Sunshine Ordinance, by amending Section 67.10 to allow executive compensation committee to meet in closed session when evaluating an employee’s performance to determine whether to award merit increases in compensation. Supervisor Kaufman presented. Referred to Finance Committee.

File 097-97-074.

[Littering and Dumping Fines-Increase]
Ordinance amending Police Code, Section 37; Health Code, Sections 95.5, 283.1 and 287; and Public Works Code, Sections 170 and 173 thereof to increase fines for violations of provisions relating to littering, dumping and environmental control. Supervisor Brown presented. Referred to Finance Committee.

File 121-97-011. Referred to Board

[Commending the Omega Boys Club]
Resolution commending the Omega Boys Club for leading our youth away from violence and despair and towards peace, productivity and hope. Supervisors Brown, Bierman, Katz, Medina presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 006-97-217.

[Designating Willie Mays Plaza]
Resolution urging the City Administrator to urge the Department of Public Works to initiate procedures to name the area in front of Pacific Bell Park’s main King Street entrance Willie Mays Plaza. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 075-97-003.

[Discount Muni Fast Pass on BART]
Resolution urging the Public Transportation Commission to negotiate with BART to allow use of the discount fast pass for seniors and people with disabilities on BART trips within San Francisco. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 080-97-001.

[Street Construction Contamination Reduction]
Resolution decreasing the impact on school children of airborne particulate and toxic substances created by street construction during school commute hours. Supervisor Katz presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 211-97-006. Referred to Committee

[Treasure Island Development Authority]
Resolution designating the Treasure Island Development Authority as the Redevelopment Agency and Local Reuse Authority for the conversion of Naval Station Treasure Island. Mayor Willie L. Brown, Jr. presented. Referred to Economic Development, Transportation and Technology Committee.

File 244-97-007. Referred to Board

[Domestic Partner Benefits-California State Univ.]
Resolution urging the California State University system to adopt domestic partner benefits throughout its 20-campus system. Supervisors Katz, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 288-97-001. CharterAmendments: Referred to Committee

[Charter Amendment-Board Members Salary]
Charter Amendment (First Draft) amending Charter Section 2.100 to increase the salary of members of the Board of Supervisors from $23,924 per year to $39,929. Supervisor Ammiano presented. Referred to Rules Committee.

File 285-97-001.

[Charter Amendment-Loans From State/Federal Govt.]
Charter Amendment (First Draft) amending Charter Section 9.111 and adding Section 9.111-1 to authorize the City and County and its commissions to clarify the general authority of the City and County and its commissions to incur and refund any indebtedness and to authorize the City and County and its commissions to enter into cost effective loans or other indebtedness with the State of California or the Federal government. Supervisor Kaufman presented. Referred to Rules Committee.

File 286-97-001.

[Charter Amendment-Water Department Revenue Fund]
Charter Amendment (First Draft) amending Charter Section 16.103 thereof and adding Section 16.103-1 thereto, to (1) establish a separate revenue fund for the deposit of revenues generated from the Water Department, and (2) provide a priority schedule for expenditures paid from this fund. Supervisor Kaufman presented. Referred to Rules Committee.

File 287-97-001. RequestsforHearings:

[Child Care System in San Francisco]
Hearing to consider the system of child care in San Francisco, including plans for meeting the child care needs caused by the implementation of CalWorks, as well as the systemic challenges that face all parents who need child care. Supervisor Yee presented. Referred to Health, Family and Environment Committee.

File 185-97-004.

[Status of Children’s Mental Health System]
Hearing to consider the status of the children’s mental health system in San Francisco, including availability and types of services offered, accessibility to services, gaps in services, and future needs of the system. Supervisor Yee presented. Referred to Health, Family and Environment Committee.

File 185-97-005.

[Public Oversight Zoological Society]
Hearing to consider the public oversight of fiscal decisions made by the San Francisco Zoological Society. Supervisors Newsom, Bierman presented. Referred to Finance Committee.

File 289-97-001.

[Fire in Hunters Point]
Hearing to consider the issue of whether the composition of materials utilized in the construction of public housing facilities contributed to the blaze that killed five children and one adult and the cause of a delay by the 9ll dispatch center to dispatch the Fire Department which arrived 3 minutes and 23 seconds after receiving the call. Supervisors Ammiano, Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 290-97-1. 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, Yee presented. Referred to Board for Adoption Without Committee Reference Calendar December 22, 1997. File 030-97-001.24. IntroducedbythePresidentattheRequestofDepartments Ordinances Referred to Committee File 101-97-035.

[Appropriation, Courthouse]
Substitute ordinance appropriating $1,235,093, Department of Public Works, from the General Fund Reserve for the new Civic Center Courthouse operations, maintenance and custodial services and the creation of fourteen (14) positions; companion measure to File 102-97-11. RO #97156. (Mayor) Referred to Finance Committee with request it be considered at the December 17, 1997 meeting. File 101-97-054.

[Appropriation, Department of Public Works]
Ordinance appropriating $10,790,000, including $7,000,000, Department of Public Works, from Earthquake Safety Improvement Fund interest earned and rescinding and appropriating $3,790,000 from various projects, to fund the cost of construction of new utility systems at the San Francisco Zoo for fiscal year 1997-98. RO #97167. (Controller) Referred to Finance Committee.

File 102-97-011.

[Salary Ordinance Amendment, Dept of Public Works]
Substitute ordinance amending Ordinance No. 307-97 (Annual Salary Ordinance, 1997/98), Department of Public Works, reflecting the creation of fourteen (14) positions; companion measure to File 101-97-35. (Department of Human Resources) Referred to Finance Committee with request it be considered at the December 17, 1997 meeting. Resolutions Referred to Committee File 028-97-011.

[Emergency Repairs, Water Treatment Plant]
Resolution approving expenditure of funds for San Francisco Water Department emergency procurement and repairs for Water Treatment Plant Operations. (Also see File 28-97-2). (Public Utilities Commission Referred to Finance Committee.

File 064-97-020.

[Lease Amendment, 480 Second Street]
Resolution authorizing amendment to a lease of real property at 480 Second Street, San Francisco, for the Office of Citizen Complaints. (Real Estate Department) Referred to Finance Committee.

File 064-97-021.

[Lease of Property at 165 Fell Street]
Resolution authorizing lease of real property at 165 Fell Street, San Francisco, for the Department of Human Services. (Real Estate Department) Referred to Finance Committee.

File 172-97-080.

[Library Fiscal Sponsorship Agreement]
Resolution authorizing the acting City Librarian to enter into an agreement with the Friends of the San Francisco Public Library ("Friends") for the Friends to provide fiscal sponsorship services for the library, which agreement requires the City to indemnify the Friends with respect to personnel and activities which receive funding from the Friends under the agreement. (Public Library) Referred to Housing and Neighborhood Services Committee.

File 172-97-081.

[Contract, DPH-Western Consortium]
Resolution authorizing the Director of Public Health to enter into a subcontract in the amount of $170,024 with the Western Consortium for public health, the primary contractor, to provide data and information for the Enhanced Hepatitis Surveillance Project to the Centers for Disease Control and Prevention; retroactive to January 1, 1998. (Department of Public Health) Referred to Health, Family and Environment Committee with request it be considered at the January 8, 1998 meeting. RequestsGranted


There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Newsom, that the Clerk of the Board draft rule change to require members of the Board of Supervisors to submit copy of Senate or Assembly Bills for which that member is endorsing or urging passage along with the appropriate resolution in order to promote efficiency. By Supervisor Yee, that letter of inquiry be sent to the Controller requesting report detailing how the San Francisco Host Committee and the San Francisco Special Events Committee have expended City funds received during fiscal year 1997-98.

By Supervisors Ammiano, Bierman that City Attorney prepare interim zoning controls, or other mechanisms, that would regulate medicinal marijuana outlets in the City and County of San Francisco. By Supervisors Ammiano, Bierman that letter of inquiry be sent to the District Attorney regarding the enforcement of Proposition 215 (Medicinal Marijuana) and reaction to the recent court ruling against Proposition 215 and whether he will enforce same.

MotionsAdopted




Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Fred Volney Hall Sponsor Supervisor Kaufman. John E. Moss Sponsor Supervisor Leal. Dolores Evans and others who lost their lives in the recent Bayview-Hunters Point Fire Sponsors Supervisors Brown, Bierman. Daljeet Ghotra Sponsor Supervisor Newsom. File 2-97-45 Unanimously adopted by a rising vote.



ADJOURNMENT
There being no further business, the Board at the hour of 3:41 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