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February 10, 1997

JOURNAL OF PROCEEDINGS

BOARD OF SUPERVISORS




Monday, February 10, 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.

CALLING THE ROLL

The meeting was called to order at 2:00 p.m. On call of the roll, the following Supervisors were noted present:

Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 8.

Noted absent at first roll call:

Supervisors Bierman, Yaki - 2.

Quorum present.

Supervisor Bierman was noted present at 2:03 p.m.

Supervisor Yaki excused. (See infra.)



Supervisor Yaki Excused

The Clerk stated Supervisor Yaki requested to be excused from attending today's meeting because of illness.

Thereupon, Supervisor Ammiano, seconded by Supervisor Teng, moved to excuse Supervisor Yaki from attendance.

Motion adopted by the following vote:

Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 8.

Absent: Supervisors Bierman, Yaki - 2.



APPROVAL OF JOURNAL

There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Leal, moved that the Journal of Proceedings for Monday, December 16, 1996, be approved.

Motion carried by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.





CONSENT CALENDAR


Recommendations of Finance Committee

Finally Passed

[Grievance Settlement, Local 21]
Ordinance implementing settlement of a grievance filed pursuant to the Memorandum of Understanding between the City and County and the International Federation of Professional and Technical Engineers, AFL-CIO, Local 21 providing for a step increase for provisional employees to be effective for the period July 1, 1995 through June 30, 1998. Sponsor Supervisor Ammiano.

File 93-96-33, Ordinance No. 43-97

(Fiscal Impact.)

Finally passed.


Passed for Second Reading

[Appropriation, Medical Examiner/Coroner]
Ordinance appropriating $90,732, Medical Examiner/Coroner, from the General Fund Reserve to purchase equipment for fiscal year 1996-97. (Controller)

File 101-96-38, Ordinance No.

Passed for second reading.



Recommendations of Rules Committee

Finally Passed

[Deedra Robinson v. CCSF et al.]
Ordinance authorizing settlement of litigation of Deedra Robinson against the City and County by payment of $9,000. (City Attorney)

File 45-97-2, Ordinance No. 44-97

(Municipal Court No. 123-430.)

Finally passed.


[Frederic N. Fremy v. CCSF et al.]
Ordinance authorizing settlement of litigation of Frederic N. Fremy against the City and County by payment of $15,000. (City Attorney)

File 45-97-3, Ordinance No. 45-97

(Superior Court No. 973-839.)

Finally passed.


[Don Alan v. CCSF]
Ordinance authorizing settlement of litigation of Don Alan v. City and County by payment of $70,000. (City Attorney)

File 45-97-4, Ordinance No. 46-97

(Superior Court No. 977-113.)




Finally passed.


The foregoing items on the Consent Calendar were acted upon by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



REGULAR CALENDAR


UNFINISHED BUSINESS


From the Clerk

Adopted

[Findings - 1515 Taraval]
Motion adopting findings related to the appeal of the Planning Commission's approval of Conditional Use Application No. 96.453C, for the installation of a total of six antennas on the roof and a base transceiver station in the garage of an existing four-story mixed use (residential/commercial) district and a 65-A height and bulk district, pursuant to Section 711.83 of the Planning Code, on property located at 1515 Taraval Street, south side between 25th and 26th Avenues (Lot 50 in Assessor's Block 2400). (Clerk of the Board)

File 37-97-1.4

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



Recommendations of Budget Committee

Finally Passed

[Cable Television Franchise Amendments]
Ordinance amending Ordinance Number 105-64, as amended by Ordinances No. 528-88, 315-89, 375-90 and 42-91, by amending all sections, including deleting Section 19 and Appendices 1 through 9, renumbering Sections 20 through 24 and adding new Sections 24, 25, 26, 27, 28, 29, 30, 31, and 32 and Appendices A through H, to clarify and expand the obligations of the grantee, Television Signal Corporation. (City Attorney)

File 32-96-1.4, Ordinance No. 42-97

(Fiscal Impact.)

Finally passed by the following vote:

Ayes: Supervisors Bierman, Brown, Katz, Kaufman, Leal, Teng - 6.

Noes: Supervisors Ammiano, Medina, Yee - 3.

Absent: Supervisor Yaki - 1.



Consideration Continued

[Permits, Specialized Motor Vehicles for Hire]
Ordinance amending Police Code, by amending the definition of taxicab and adding new sections concerning regulation of specialized motor vehicles for hire (ramped taxis). (Police Commission)

File 121-96-14, Ordinance No.

(Fiscal Impact.)

(Amends Section 1076;
Adds Sections 1148 through 1148.5.)

(February 3, 1997 - Consideration continued to February 10, 1997.)

Supervisor Ammiano, seconded by Supervisor Katz, moved to continue consideration to February 18, 1997.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Permit Fees for Tow Car Firms/Ramped Taxicabs]
Ordinance amending Police Code, relating to permit filing fees and permit license fees for tow car firms and ramped taxicabs (minivan taxicabs adapted for wheelchair users); companion measure to File 121-96-14. (Police Commission)

File 121-96-13, Ordinance No.

(Amends Sections 2.26, 2.27.)

(Fiscal Impact.)

(February 3, 1997 - Consideration continued to February 10, 1997.)

Supervisor Ammiano, seconded by Supervisor Katz, moved to continue consideration to February 18, 1997.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



From Budget Committee
With Recommendation "DO PASS"

Finally Passed

[Special Election, June 3, 1997]
Ordinance calling and providing for a special election to be held in the City and County on Tuesday, June 3, 1997, provided that one or more measures is timely submitted to the voters of the City and County to be voted on at that election. (Clerk of the Board)



File 60-97-1, Ordinance No. 40-97

(Fiscal Impact.)

Finally passed by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



Recommendation of Government Efficiency and Labor Committee

Adopted

[Airport - United Air Lines, Inc. Lease]
Resolution approving retroactively, lease between United Air Lines, Inc. and the City and County, acting by and through its Airport Commission. (Airports Commission)

File 27-96-16, Resolution No. 131-97

(Fiscal Impact.)

(February 3, 1997 - Consideration continued to February 10, 1997.)

The representative from the Airport submitted Addendum No. 1 to the Ground Lease for Plot 7X and asked that it be included as part of the lease being adopted today and placed in the file.

The Clerk called the roll on the resolution approving the lease and the addendum to the lease and it was adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



Recommendation of Rules Committee

Adopted

[Cable TV Franchise Confidential Communications]
Motion waiving the Attorney-Client privilege regarding the two cable television franchise confidential communications from the City Attorney's office for which the Board of Supervisors holds the attorney-client privilege, and directing the Clerk to place these documents in Board File No. 32-96-1.4. Sponsors Supervisors Ammiano, Katz, Yaki.

File 32-96-1.7

(February 3, 1997 - Consideration continued to February 10, 1997.)

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.




NEW BUSINESS


Recommendations of Finance Committee

Passed for Second Reading

[Appropriation, Public Defender]
Ordinance appropriating $110,682, Public Defender, from General Fund Reserve to cover fiscal year 1996-97 for rental increase and telephone services. (Controller)

File 101-96-36, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Appropriation, Fire Department]
Ordinance rescinding and appropriating $110,675, Fire Department, of a Fire Protection Bond capital project for the AWSS System to a capital project for the Hazard Mitigation grant for fiscal year 1996-97; placing $25,000 on reserve. (Controller)

File 101-96-37, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Appropriation, Department of Public Health-Mental Health]
Ordinance appropriating $100,000, Department of Public Health-Division of Mental Health, of State revenue to salaries, fringe benefits, travel, training, professional services, other current services, materials and supplies and equipment for the creation of one (1) position for a Suicide Prevention Program for fiscal year 1996-97; providing for ratification of action previously taken. (Controller)

File 101-96-39, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Annual Salary Ordinance Amendment]
Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) Department of Public Health, Division of Mental Health, reflecting the creation of one (1) position; providing for ratification of action previously taken; companion measure to File 101-96-39. (Department of Human Resources)

File 102-96-8, Ordinance No.



Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Appropriation, Art Commission]
Ordinance appropriating $12,888, Art Commission, from the General Fund Reserve to facilities maintenance to restore a sculpture at St. Mary's Square in fiscal year 1996-97; providing for ratification of action previously taken. (Controller)

File 101-96-40, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Special Election, Bond Propositions]
Ordinance calling and providing for a special election to be held in the City and County on Tuesday, June 3, 1997, for the purpose of submitting to voters of the City and County propositions to incur the following bonded debts for the acquisition, construction and/or reconstruction of (1) $140,000,000 for educational facilities used or to be used by San Francisco Unified School District or the City College of San Francisco; (2) $48,000,000 for Zoo facilities and properties; (3) $49,000,000 for community cultural facilities which include such facilities as the Mission Cultural Center, Bayview Opera House, Center for African and African-American Art and Culture, South of Market Cultural Center, Art Commission Gallery, Gay/Lesbian Cultural Center, Native American Cultural Center and the Center for Asian Pacific American Arts and Culture; and that the estimated cost of said projects is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than amount allowed by the annual tax levy; reciting estimated costs of such projects; fixing date of election and manner of holding such election and procedure for voting for or against the propositions; fixing the maximum rate of interest on said bonds and providing for levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; consolidating the special election with citywide June 3rd special election; and providing that the election precincts, voting places and officers for election shall be the same as for the citywide June 3rd special election. Sponsors Supervisors Yaki, Teng.

File 60-97-2, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.






Appointment of President Pro Tempore

At the request of the President, Supervisor Leal assumed the Chair so the President could participate in the debate from the floor.


[Credit, Debit, ATM Cards]
Ordinance amending Administrative Code, by repealing and adding the provisions of Sections 10.11-2 through 10.11-4 to Section 10.11-1, authorizing various commissions and departments to accept payments by credit card or ATM card, by adding definitions for credit, debit and ATM cards, by authorizing the Treasurer/tax Collector to accept credit, debit and ATM cards for the payment of taxes and other related fees and charges; authorizing various commissions and departments to accept payments by credit card or ATM card. Sponsors Supervisors Kaufman, Teng.

File 97-97-5, Ordinance No.

(Amends Section 10.11-1;
Repeals Sections 10.11-2 through 10.11-4.)

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.


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


The President resumed the Chair.



Adopted

[Health Service System Contributions]
Resolution establishing the contribution to be made to the Health Service System by City and County, Unified School District and Community College District for fiscal year 1997-98. (Department of Human Resources-Health Service System)

File 78-97-1, Resolution No. 144-97

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



[Trial Court Funding, 1997-1998]
Resolution electing to become subject to the provisions of the State Trial Court Funding Program for the period of July 1, 1997, through June 30, 1998. (Controller)

File 187-97-1, Resolution No. 146-97

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



From Rules Committee with Recommendation "Do Submit"

(Pursuant to the provisions of Rule 2.33.7 of the Board's Rules of Order, at least seven days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate.

In accordance therewith, consideration of the following proposed Charter amendment appropriately may be continued at least one week.)

Consideration Continued

[Charter Amendment, Public Utilities Commission]
Charter amendment (First Draft) amending Section 16.103 to delete the priority schedule for the expenditure of revenues generated from utilities under jurisdiction of the Public Utilities Commission. Sponsor Supervisor Kaufman.

File 280-96-1

Supervisor Teng, seconded by Supervisor Brown, moved to continue consideration to February 18, 1997.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



Recommendations of Economic Development, Transportation
and Technology Committee

Adopted

[PIC 1996 Refugee County Plan Modification]
Resolution requesting approval of modifications to the Refugee County Plan to incorporate Targeted Assistance Discretionary Grant funds and rollover funds from Federal Fiscal Year 1995; approving expenditure of such funds retroactively. (Private Industry Council)

File 156-96-3, Resolution No. 132-97

Supervisor Brown Excused from Voting

The Clerk announced that Supervisor Brown requested to be excused from voting because of a possible conflict of interest.

Supervisor Ammiano, seconded by Supervisor Bierman, moved to excuse Supervisor Brown from voting.

Motion adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.





The roll was then called on the pending resolution and it was adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Medina, Teng, Yee - 8.

Excused: Supervisor Brown - 1.

Absent: Supervisor Yaki - 1.



[Project Area Committee]
Resolution confirming the election of members to the Project Area Committee for the South Bayshore/Hunters Point Redevelopment Agency Project Area. (Redevelopment Agency)

File 161-97-1, Resolution No. 145-97

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



Conference with City Attorney - Litigation

Tabled

Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring or receiving advice from the City Attorney regarding pending litigation as follows: (1) City and County of San Francisco, et al. v. Philip Morris, Inc., et al., United States District Court, N.D. Cal., Civil Action No. C-96-2090 DLJ and (2) The People of the State of California, et al. v. Philip Morris, Inc., et al., San Francisco Superior Court, Case No. 980864 as permitted by Government Code Section 54956.9(a).

The Clerk stated the City Attorney will not be available for the closed session.

Supervisor Teng, seconded by Supervisor Medina, moved to table.

Tabled by the following vote:

Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Medina, Teng, Yee - 8.

Absent: Supervisors Leal, Yaki - 2.


Appointment of President Pro Tempore

At the request of the President, Supervisor Leal assumed the Chair.






PUBLIC COMMENT

The privilege of the floor was granted to the following persons:

Leboriae P. Smoore, constitution for poor;
Jim Brown, oppose changing name of Fillmore Street;
Aja Monet, transbay terminal;
Male speaker, police ethnic breakdown report;
Neil Patrick, base conversion, job training;
Mohamad Al Kareem, street name change;
Willie Bright, street name change;
Huel Washington, street name change;
Milton Hanks.

There being no one else wishing to speak, the President declared the public comment portion of the meeting closed.


The President resumed the Chair.



FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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.


Severed From For Adoption Without Committee Reference Calendar

Supervisor Teng requested that the following measures be severed from the For Adoption Without Committee Reference Calendar and considered separately.

Adopted

[Edgehill Way Safety Emergency]
Resolution supporting the efforts of the Departments of Building Inspection and Public Works in responding to the emergency conditions in and around Edgehill Way and demanding that the developers of the Knockash Hill Subdivision assume their responsibility for abating the emergency conditions. Sponsors Supervisors Teng, Bierman, Katz, Medina, Leal.

File 28-97-1.3, Resolution No. 141-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.


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






[Edgehill Way Emergency Authorization]
Resolution concurring with and supporting the Director of the Department of Building Inspection's finding and declaration of a public emergency; urging said Director to take necessary measures in the most expeditious manner to protect the public safety, health, welfare and property of the citizens of San Francisco with regard to the dangerous condition created by the property at 305 Edgehill Way; and to authorize the Director of the Department of Building Inspection and the Director of Public Works to enter into agreements of indemnity based on this and previous Board-declared emergency at Edgehill Way. Sponsors Supervisors Teng, Bierman, Katz, Medina, Leal.

File 28-97-1.4, Resolution No. 142-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.


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



The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar.



For Adoption Without Committee Reference Calendar

Adopted

[Day of Remembrance]
Resolution commemorating the Day of Remembrance 1997 and declaring February 22, 1997 as "Adios to Tears Day" in San Francisco. Sponsors Supervisors Teng, Yaki, Leal, Medina, Ammiano, Bierman, Brown, Katz, Kaufman, Yee.

File 4-97-5, Resolution No. 133-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


[Commend Jose Caedo]
Resolution commending Jose Caedo for his long service to the citizens of San Francisco, especially members of the senior and disabled communities. Sponsors Supervisors Yaki, Teng, Bierman.

File 6-97-15, Resolution No. 134-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


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



[Commend Theodore Hsien Wang]
Resolution commending Theodore Hsien Wang for his lifelong commitment to civil rights. Sponsors Supervisors Yee, Teng, Bierman.

File 6-97-16, Resolution No. 135-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


[Commend Laura Wagner-Lockwood]
Resolution commending Laura Wagner-Lockwood for her years of distinguished service as Public Finance Director of the City and County and her many contributions to the City and County. Sponsors Supervisors Kaufman, Teng, Bierman.

File 6-97-17, Resolution No. 136-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.

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


[Commend Coalition of Black Trade Unionists]
Resolution commending the Coalition of Black Trade Unionists and declaring February 14, 1997 as "Northern California Coalition of Black Trade Unionists Day" in San Francisco. Sponsors Supervisors Teng, Brown, Medina, Ammiano, Bierman, Katz, Kaufman, Leal, Yaki, Yee.

File 6-97-18, Resolution No. 137-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


[Bloody Sunday Inquiry]
Resolution urging the Government of Great Britain to hold a new inquiry into the killing of fourteen civil rights marchers by British Paratroopers (January 30, 1972, "Bloody Sunday"). Sponsors Supervisors Ammiano, Bierman, Teng, Brown, Katz, Medina, Leal.

File 13-97-3, Resolution No. 140-97

(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


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


[December Winter Storm 1996 Emergency]
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the December 1996 Storm. Sponsor Supervisor Kaufman.

File 270-97-1.2



(February 3, 1997 - Introduced in Board for consideration on February 10, 1997.)

Adopted.


[Suspend 30 Day Rule - 49ers Lease-Finance Bond]
Motion suspending Rule 5.40 of the Rules of Order of the Board of Supervisors to allow the Board of Supervisors to consider, without waiting 30 days after its introduction, a proposed resolution submitting a ballot proposition for the June 3, 1997 election which would authorize the City to lease-finance a stadium development at Candlestick Point. Sponsor Supervisor Kaufman.

File 60-97-3.1

(February 5, 1997 - Referred to Board for consideration on February 10, 1997.)

Adopted.


[Final Map]
Motion approving, subject to condition of payment of taxes, final map of Amancio Ergina Village, 1977-1979 O'Farrell Street, 1310-1350 Scott Street, and 1804-1864 Ellis Street, being a merger and resubdivision of a stock cooperative project to a residential condominium project, being a portion of Assessor's Block 728 and a portion of Western Addition Block No. 430. (Department of Public Works)

File 58-97-1

(February 5, 1997 - Referred to Board for consideration on February 10, 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, Teng, Yee - 9.

Absent: Supervisor Yaki - 1.



IMPERATIVE CALENDAR

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 resolution(s) being considered at this time are purely commendatory.

Supervisor Teng, seconded by Supervisor Bierman, moved adoption.

Adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.



[Brown Act Finding]
Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

Supervisor Teng, seconded by Supervisor Bierman, moved adoption.

Adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.


[Imperative Resolutions]

Adopted

[Commend Lt. Sharon Hedges-Hiller]
Resolution commending Lt. Sharon Hedges-Hiller on being awarded the "My Favorite Cop" award.

File 006-97-021, Resolution No. 138-97

Supervisors Medina, Bierman presented for immediate adoption.

Resolution adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.



[Commend Officer Lorraine Lombardo]
Resolution commending Officer Lorraine Lombardo on being awarded the "My Favorite Cop" award.

File 006-97-022, Resolution No. 139-97

Supervisors Medina, Bierman presented for immediate adoption.

Resolution adopted by the following vote:

Ayes: Supervisors Bierman, Brown, Kaufman, Leal, Medina, Teng, Yee - 7.

Absent: Supervisors Ammiano, Katz, Yaki - 3.



OFF-CALENDAR LEGISLATION

ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE

Referred to Committee





[Veterans Affairs Commission]
Ordinance amending Administrative Code Section 5.102, which sets forth the membership criteria for the Veterans Affairs Commission, by deleting certain membership criteria for persons who served in the United States Armed Forces prior to 1941, 1950, 1964, 1975 and after 1975, and who are "stress disabled" and by replacing such membership designations to require only that at least three members of the commission be women veterans and that at least one be physically disabled as a result of service. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at the February 25, 1997 meeting.

File 097-97-007.


[Bicycle Parking Facilities]
Ordinance amending Planning Code Section 155.1 to require City leases, when City is leasing space in a building, to include a provision giving City the right to install bicycle parking facilities in the building, and making findings of consistency with the priority policies of Planning Code Section 101.1. Supervisors Katz, Ammiano, Teng presented. Referred to Economic Development, Transportation and Technology Committee.

File 115-97-003.


[Merger of Lots, 2150 and 2168 10th Avenue]
Ordinance enacting an ordinance to provide for the merger of Lots 12 and 13 of Block 2208 (2150 and 2168 10th Avenue, respectively) in the City and County pursuant to California Government Code Sections 66451.11 et seq. (Companion measure to File 226-97-1.) Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 226-97-002.


Referred to Board

[Commend International Fair/U.S.-China Friendship]
Resolution commending the International Fair and the U.S.-China Friendship City Network for sponsoring the First San Francisco International Festival of Chinese Cuisine Competition. Supervisors Yee, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar February 18, 1997.

File 006-97-019.

[Commend William Hong Chin] Resolution commending Mr. William (Bill) Hong Chin for his lifelong contributions and extending condolences to his family: his wife Anna Chin and children Curtis Chin and Kelly Ann Chin and declaring February 12, 1997 as "William Chin Day" otherwise known as "Bill Chin Day". Supervisors Teng, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar February 18, 1997.

File 006-97-020.





Referred to Committee

[Interim Zoning Controls, Castro/Market Streets]
Resolution imposing Interim Zoning Controls to temporarily prohibit new retail coffee stores in the Castro Street and Upper Market Street Neighborhood Commercial Districts, as set forth in Planning Code Sections 715.1 and 721.1, respectively, for an eighteen (18) month period and making a finding of consistency with the priority policies of Planning Code Section 101.1. Supervisors Katz, Leal, Ammiano, Kaufman, Teng, Yee, Medina presented. Referred to Housing and Neighborhood Services Committee.

File 111-97-002.


Referred to Board

[Newsrack Pilot Project]
Resolution urging the Department of Public Works to negotiate a contract with a vendor or vendors to develop and implement a pilot program to place state┬Čof-the-art newsracks at one or more locations to be specified by the Mayor and the Director of Public Works for a trial period not to exceed six months. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 18, 1997.

File 200-97-002.


Referred to Committee

[Lot Merger Notice of Intent, 2150/2168 10th Avenue]
Resolution declaring San Francisco's intention to adopt a merger ordinance pursuant to California Government Code Section 66451.11; declaring this resolution the City and County's Notice of Intention to determine status for the proposed merger of Lots 12 and 13 of Block 2208 (2150 and 2168 10th Avenue, respectively); establishing a hearing date to consider adopting a merger ordinance; and authorizing other official actions in connection therewith. (Companion measure to File 226-97-2.) Supervisor Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 226-97-001.


Requests for Hearings:

[Municipal Railway System Safety Measures]
Hearing to consider concerns of riders of Municipal Railway regarding passenger safety and to obtain information as to what safety measures are currently in force to protect the riders. Supervisor Yee presented. Referred to Housing and Neighborhood Services Committee.

File 007-97-003.


[Public Safety, Municipal Railway]
Hearing to assess safety on Municipal Railway buses including a review of the efficacy of cameras on the buses in deterring crime, police visibility during high crime hours, the emergency response system and feasibility of installing electronic tracking devices on the buses to aid in the immediate response by police. Supervisors Medina, Yee presented. Referred to Economic Development, Transportation and Technology Committee.

File 007-97-004.




[Street Name Change, Fillmore to Goodlett Way]
Hearing to consider the possibility of changing the name of Fillmore Street to Goodlett Way. Supervisors Brown, Bierman, Medina, Ammiano, Yee presented. Referred to Economic Development, Transportation and Technology Committee.

File 075-97-001.


[Bank of America Ocean-Faxon Branch]
Hearing to consider the economic impact to the surrounding neighborhood by the pending closure of the Bank of America Ocean-Faxon Branch (1649 Ocean Avenue). Supervisors Medina, Bierman presented. Referred to Housing and Neighborhood Services Committee.

File 227-97-001.


Motions:

Referred to Committee

[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 presented. Referred to Board for Adoption Without Committee Reference Calendar February 18, 1997.

File 030-97-001.02.


[Management Audit, San Francisco Zoo]
Motion directing the Budget Analyst to conduct a report of the San Francisco Zoo to determine the financial surplus at the Zoo and the amount of money, if any, from that surplus which may be available to the General Fund. Supervisors Ammiano, Yee, Leal, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar February 18, 1997.

File 165-97-002.



Introduced by the President at the Request of Departments

Ordinances Referred to Committee

File 034-97-003. [Sidewalk Width Regulations, Lucerne Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1538 changing the official sidewalk width on the north side of Lucerne Street southeasterly of Brannan Street, as shown on the Department of Public Works drawing labeled Q-20-473 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Neighborhood Services Committee.

File 045-97-014. [Sandra McCabe v. CCSF, et al.] Ordinance authorizing settlement of litigation of Sandra McCabe against the City and County of San Francisco by payment of $12,500. (Superior Court No. 970-169) (City Attorney) Referred to Rules Committee.

File 045-97-015. [Roberto Flores v. CCSF, et al.] Ordinance authorizing settlement of litigation of Roberto Flores against the City and County of San Francisco by payment of $6,500. (Superior Court No. 964-282) (City Attorney) Referred to Rules Committee.




File 045-97-016. [Donna Gamboni v. CCSF, et al.] Ordinance authorizing settlement of litigation of Donna Gamboni against the City and County of San Francisco by payment of $11,000. (Municipal Court No. 118-486) (City Attorney) Referred to Rules Committee.

File 045-97-017. [Fee Yee Yang Ng v. CCSF] Ordinance authorizing settlement of litigation of Feng Yee Yang Ng against the City and County of San Francisco by payment of $11,500. (Superior Court No. 959-571) (City Attorney) Referred to Rules Committee.


File 045-97-018. [Heather Connor/Jason Jessee v. CCSF et al.] Ordinance authorizing settlement of litigation of Heather Connor and Jason Jessee against the City and County of San Francisco by payment of $70,000, total to both plaintiffs. (Superior Court No. 958-718) (City Attorney) Referred to Rules Committee.

File 124-97-001. [Vehicle Weight Restrictions, Blanken/Tunnel Ave.] Ordinance amending Traffic Code by adding Sections 28.1.96 and 28.1.97 and amending Section 28.2 regarding the weight restrictions on Blanken and Tunnel Avenues. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee.

Resolutions Referred to Committee

File 018-97-001. [Stop Intersections] Resolution designating certain intersections as "Stop" intersections. DPT Order No. 1233. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee.

File 019-97-001. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. DPT Order No. 1233. (Department of Parking and Traffic)Referred to Housing and Neighborhood Services Committee.

File 020-97-001. [Traffic Regulations, Various Streets] Resolution enacting and rescinding traffic regulations on various streets. DPT Order No. 1233. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee.

File 040-97-002. [Residential Parking Area "U", South of Market] Resolution extending the boundaries of Residential Permit Parking Area "U" in the South of Market Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Neighborhood Services Committee.

File 048-97-005. [Settlement of Claim, Cecelia E. Chase] Resolution approving the settlement of the unlitigated claim of Cecelia E. Chase by payment of $7,500.00. (City Attorney) Referred to Rules Committee.

File 048-97-006. [Settlement of Claim, Jeffrey Hornback] Resolution approving the settlement of the unlitigated claim of Jeffrey Hornback by payment of $10,000.00. (City Attorney) Referred to Rules Committee.

File 048-97-007. [Settlement of Claim, Fatima Maru] Resolution approving the settlement of the unlitigated claim of Fatima Maru by payment of $6,500.00. (City Attorney) Referred to Rules Committee.

File 048-97-008. [Settlement of Claim, Dennys Rodriguez] Resolution approving the settlement of the unlitigated claim of Dennys Rodriguez by payment of $10,500.00. (City Attorney) Referred to Rules Committee.




File 048-97-013. [Settlement of Claim, Michelle Alexander] Resolution approving the settlement of the unlitigated claim of Michelle Alexander by payment of $30,000.00. (City Attorney) Referred to Rules Committee.

File 065-97-001. [Bay Area Cellular Telephone Co. Transmitter Lease] Resolution authorizing and approving a lease of wireless transmitter and antennae space within and on Laguna Honda Hospital to Bay Area Cellular Telephone Company, without competitive bidding. (Real Estate Department) Referred to Finance Committee.


File 068-97-001. [Local Law Enforcement Block Grant Program] Resolution authorizing the Mayor of the City and County of San Francisco to apply for, accept and expend a grant in the amount of $2,764,665 from the U.S. Department of Justice to administer the Local Law Enforcement Block Grant Program, and waiving indirect costs. (Mayor Willie L. Brown, Jr.) Referred to Housing and Neighborhood Services Committee.

File 092-97-003. [Appointment, Health Authority Governing Body] Resolution appointing governing body members to the San Francisco Health Authority. (S.F. Health Authority) Referred to Rules Committee with request it be considered at the February 11, 1997 meeting.

File 146-97-003. [State Grant, Community Violence Prevention] Resolution authorizing the Department of Public Health, Community Public Health Services, to accept and expend a grant of $750,000, which includes $12,538 in indirect costs, based on 10% of salaries, and a match in the amount of $27,438, which is 3.7% of the direct costs, from the State Department of Social Services, to provide collaborative efforts for providing alternatives to violence in the community. (Department of Public Health) Referred to Health, Family and Environment Committee.


Requests Granted

There being no objection, the Board directed the Clerk to comply with the following requests:

By Supervisor Ammiano, that letter be sent to his Honor, the Mayor, concerning police accountability and requesting procedures for the Office of Citizen Complaints and the Police Department to implement satisfactory policies regarding this issue.

By Supervisor Teng, that letter be sent to the Mayor's Office of Housing requesting an inventory report of San Francisco's residential housing stock to include but not be limited to the total number of units in the City, a breakdown of these units into rental units and home owners, and a breakdown into single, duplexes, 3, 4, 5, 6 and multi-unit apartment buildings and that the report be submitted in thirty days.

By Supervisor Teng, that letter be sent to Director of Public Works to determine whether a survey has been conducted and a list compiled of all unaccepted streets in the City including the background of each street and why the street was not accepted by the Department of Public Works and requesting the report be submitted in thirty days.





Motions Adopted

Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased:

Virginia Mary Ellen McCarthy (By the entire Board)
Ronald Wilmot Sponsors Supervisors Katz, Leal.
Redmond Mulkerrins Sponsor Supervisor Ammiano.
Alan Lim Sponsor Supervisor Teng.

File 2-96-6

Unanimously adopted by a rising vote.



ADJOURNMENT

There being no further business, the Board at the hour of
3:30 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











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