Board of Supervisors Minutes: August 19, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, August 19, 1996 - 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 Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:13 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Noted absent at first roll call: Supervisors Alioto, Hsieh, Leal, Teng - 4. Quorum present. Supervisors Alioto, Hsieh, Leal, Teng excused. (See infra.) Supervisors Alioto, Hsieh, Leal, Teng Excused The Acting Clerk stated Supervisors Alioto, Hsieh, Leal and Teng requested to be excused from attending today's meeting. Supervisor Brown, seconded by Supervisor Katz, moved to excuse Supervisors Alioto, Hsieh, Leal and Teng from attendance. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Brown, moved that the Journal of Proceedings for Monday, July 22, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. MOTION TO CANCEL REGULAR MEETING Supervisor Kaufman, seconded by Supervisor Bierman, moved to cancel the August 26, 1996 regular meeting of the Board of Supervisors due to lack of a quorum. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng- 4. Clerk directed to notify all departments. SPECIAL ORDER 2:00 P.M. COMMITTEE REPORTS Recommendations of Rules Committee Adopted [Ballot Argument - Affordable Housing Bond] Motion authorizing proponent's ballot argument in favor of Proposition A, a bond measure concerning affordable housing. Sponsors Supervisors Bierman, Teng. File 60-96-6.1 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted as Amended [Ballot Argument - deYoung Museum] Motion authorizing proponent's ballot argument in favor of Proposition B, a bond measure concerning the deYoung Museum. Sponsor Supervisor Shelley. File 60-96-6.2 Supervisor Katz, seconded by Supervisor Kaufman, moved to amend ballot argument to delete the following words: Line 3, "museum"; line 12, "deYoung"; line 15, "of"; and line 21 to delete "to" replacing it with a dash "-". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - Retirees COLA] Motion authorizing proponent's ballot argument in favor of Proposition C, a charter amendment concerning supplemental cost of living benefit for retirees and their survivors (retiree COLA proposal). Sponsors Supervisors Bierman, Teng. File 246-96-2 Supervisor Bierman, seconded by Supervisor Kaufman, moved to amend ballot argument line 6 to add the word "service" to read: "per service year". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted [Ballot Argument - Firefighters Retirement Benefits] Motion authorizing proponent's ballot argument in favor of Proposition D, a charter amendment relating to retirement benefits for firefighters. Sponsor Supervisor Shelley. File 253-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - Omnibus Charter Amendment] Motion authorizing proponent's ballot argument in favor of Proposition E, a charter amendment concerning police and fire disciplinary procedures; collective bargaining of retirement and health benefits; abolishing and creating the Civil Service and Employee Relations Commission; and making managerial employees at-will, exempt positions with exceptions. Sponsors Supervisors Shelley, Bierman. File 252-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - Compensation, Supervisors] Motion authorizing proponent's ballot argument in favor of Proposition F, a charter amendment concerning setting salary for members of the Board of Supervisors at $50,000 per year and making the members of the Board of Supervisors members of the Retirement System. Sponsor Supervisor Ammiano. File 249-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - District Election] Motion authorizing proponent's ballot argument in favor of Proposition G, a charter amendment concerning election of 11 supervisors from 11 districts. Sponsor Supervisor Ammiano. File 251-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - At-large, Preference Election] Motion authorizing proponent's ballot argument in favor of Proposition H, a charter amendment concerning at-large election of 11 supervisors using preference voting. Sponsor Supervisor Ammiano. File 250-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Ballot Argument - Consent Decrees] Motion authorizing proponent's ballot argument in favor of Proposition I, a charter amendment relating to hiring and promotion of uniformed members of San Francisco Police and Fire Departments (consent decrees). Sponsor Supervisor Shelley. File 257-96-2 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Hetch Hetchy] Ordinance appropriating and certifying $100,931, Hetch Hetchy, of Hetch Hetchy Operating Funds, for a capital improvement project (Moccasin Penstock Repair) to cover 10% overage per Charter Section 18.103 (Ordinance 7.203) for fiscal year 1996-97; providing for ratification of action previously taken. (Controller) File 101-96-3, Ordinance No. 329-96 Finally passed. [Appropriation, Department of Public Works] Ordinance appropriating $12,040,000, Department of Public Works, of Clean Water Enterprise Revenue Bond and Operating Fund Revenue, to provide funding for Seacliff emergency work and the Twenty Fourth Avenue sewer and slope reconstruction project for fiscal year 1996-97; providing for ratification of action previously taken. (Controller) File 101-96-4, Ordinance No. 330-96 Finally passed. [Appropriation, Department of Public Works] Ordinance appropriating $1,000,000, Department of Public Works, of 1988 Sewer Revenue Bond Proceeds for the Pier 98 Wetlands Enhancement Project for fiscal year 1996-97; placing $1,000,000 on reserve. (Controller) File 101-96-6, Ordinance No. 332-96 Finally passed. [Appropriation, Gay/Lesbian Cultural Center] Ordinance rescinding $1,275,000, Mayor's Office of Community Development, from Convention Facilities Fund Capital Project and re-appropriating the funds to the Mayor's Office of Community Development for predevelopment, design and property purchase costs of the Gay/Lesbian Community Center for f/y 1996-97; placing $1,200,000 on reserve. (Mayor Willie L. Brown, Jr.; Supervisors Katz, Leal, Ammiano, Kaufman, Yaki, Hsieh, Shelley, Bierman, Alioto, Teng, Brown) File 101-96-7, Ordinance No. 333-96 Finally passed. Recommendation of Economic Vitality and Social Policy Committee Finally Passed [Gender Parity] Ordinance amending Administrative Code, requiring the Mayor's Office of Children, Youth and Families to annually report funds allocated by all departments and agencies of the City and County and the amount of the actual services rendered by them to young males under 18 years of age young females under 18 years of age and to identify disparities in either the funding allocations and/or the amount of the actual services rendered. Sponsors Supervisors Kaufman, Leal, Alioto, Teng, Shelley, Katz, Bierman. File 97-96-41, Ordinance No. 328-96 (Adds Section 3.17-3.) Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [Changing Width of Sidewalk, Steuart Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1526 changing the official sidewalk width on the easterly side of Steuart Street between Mission Street and Howard Street, as shown on the Department of Public Works drawing labeled Q-20-437 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-6, Ordinance No. 324-96 Finally passed. [Zoning Map Amendment, 1306 Portola Drive] Ordinance amending Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County for property generally described as 1306 Portola Drive, Assessor's Block 2987, Lot 4, to remove a 15-foot legislated setback in an RH-1(D) (House, One-Family, Detached) District and adopting findings pursuant to Planning Code Section 101.1. (City Planning Department) File 36-96-6, Ordinance No. 325-96 (June 6, 1996 - Approved by City Planning Commission Resolution No. 14129.) (Exempt from environmental review as listed under Provision 5(a) of the State Guidelines for the implementation of the California Environmental Quality Act.) Finally passed. [Zoning Map Amendment, 901 Polk Street] Ordinance adopting changes in property use classification as an amendment to the Zoning Map of the City and County for property located at 901 Polk Street at O'Farrell from a NC-3 District to RC-4 and Van Ness Special Use District; adopting findings pursuant to City Planning Code Section 101.1. (Planning Department) File 36-96-7, Ordinance No. 326-96 (Approved by City Planning Resolution No. 14125, adopted 6/6/96.) Finally passed. [Van Ness Special Use District] Ordinance amending Planning Code by amending Sections 243 and 607.3 to allow for the replacement and/or restoration of signs on designated landmarks within the Van Ness Special Use District; adopting findings pursuant to City Planning Code Section 101.1; companion measure to File 36-96-7. (Planning Department) File 81-96-2.1, Ordinance No. 327-96 (Approved by City Planning Resolution No. 14126, adopted 6/6/96.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Budget Committee Finally Passed [Appropriation, Municipal Railway] Ordinance rescinding $2,160,000, Municipal Railway, from a Transit Impact Development Fee project for land acquisition at Woods Maintenance Division and re-appropriating the funds to complete an exchange of Federal Section Nine (9) Capital Assistance Funds with the San Diego Metropolitan Transit Development Board which will allow the Municipal Railway to purchase equipment in fiscal year 1996-97. (Controller) File 101-96-5, Ordinance No. 331-96 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Recommendation of Housing and Land Use Committee Adopted [Mission Bay North Survey Area] Resolution designating and describing the Mission Bay North Survey Area in accordance with the California Community Redevelopment Law. (Redevelopment Agency) File 255-96-1, Resolution No. 742-96 (August 12, 1996 - Consideration continued to August 19, 1996.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Shelley, Yaki - 6. Absent: Supervisors Alioto, Hsieh, Kaufman, Leal, Teng - 5. NEW BUSINESS Recommendations of Rules Committee Passed for Second Reading [Assessment Appeals Boards] Ordinance amending Administrative Code, imposing notice, agenda, public comment, and meeting obligations on the Assessment Appeals Boards. (Sunshine Ordinance Task Force) File 97-96-27, Ordinance No. (Adds Section 2B.20.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Lead Hazard Reduction] Ordinance amending Health Code, concerning San Francisco Lead Hazard Reduction Citizens Advisory Committee by reducing its membership from 23 to 21 members by deleting representatives from the Department of Public Health and the insurance industry. Sponsors Supervisors Shelley, Teng. File 118-96-5, Ordinance No. (Amends Section 1608.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted [Appointments] Resolution appointing members to the Park and Open Space Advisory Committee, terms expired, for two-year terms beginning July 1, 1996 and ending July 1, 1998. (Rules Committee) File 92-96-30.3, Resolution No. 736-96 (Gilman Louie, vice Claire Issacs, Seat No. 23306; Gaeta Bell, vice Katherine Webster, Seat No. 23309; Ailene Herold-Coffino, vice herself, Seat No. 23311.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointments] Resolution appointing members to the Lead Hazard Reduction Citizens Advisory Committee, terms expired, for four-year terms ending December 22, 1999; making finding waiving residency requirement. (Rules Committee) File 92-96-39.2, Resolution No. 737-96 (James Hutchinson, vice himself, Seat No. 26702, must represent Department of Building Inspection or designee; Doris Landry, vice herself, Seat No. 26705, must represent childcare; Neil Gendel, vice himself, Seat No. 26708 must represent public interest organization; Norman Fong, vice himself, Seat No. 26713, must represent tenant organization; Mitch Fine, vice himself, Seat 26716, must be financial expert.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Cynthia Joe to serve as a member of the Planning Commission. (Rules Committee) File 33-96-9 (July 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Eugene Friend to serve as a member of the Recreation and Parks Commission. (Rules Committee) File 33-96-10 (July 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Reverend Yvette Flunder to serve as a member of the Recreation and Parks Commission. (Rules Committee) File 33-96-11 (July 24, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Eleazar Aramburo to serve as a member of the Juvenile Probation Commission. (Rules Committee) File 33-96-12 (August 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Damone Keith Hale to serve as a member of the Juvenile Probation Commission. (Rules Committee) File 33-96-13 (August 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Brenda Jackson Drake to serve as a member of the Juvenile Probation Commission. (Rules Committee) File 33-96-14 (August 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. [Appointment] Motion approving Mayor's appointment of Gavin Newsom to serve as a member of the Parking and Traffic Commission. (Rules Committee) File 33-96-15 (August 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Joseph Trevino, problems at Sunnyside Hotel at 135 6th Street; Leonard Ross, gender parity; Kathleen Gordon, police harassment; San Francisco Women's Center; Leboriae P. Smoore, police brutality; Louise Vaughn, tenant rights; James, evictions of black people; Sylvia Williams, lack of affordable housing; Man, selling of downtown property; Sarah Demphy, public housing evictions; Charles Jones, lack of affordable housing; Rev. Spears, employment, violence and evictions in the black community. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. 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 Katz, on behalf of Supervisor Teng, requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [U.S.S. Missouri] Resolution declaring the wishes of the City and County of San Francisco to permanently relocate the U.S.S. Missouri Battleship in San Francisco for establishment of a museum, memorial, and other functions at Piers 30-32 and urging the U.S. Department of Navy to select ((the)) San Francisco for berthing of the U.S.S. Missouri ((Operation Missouri's application to manage the project)). Sponsors Supervisors Teng, Kaufman, Katz, Shelley, Bierman. File 13-96-35, Resolution No. 734-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Supervisor Katz, seconded by Supervisor Kaufman, moved an amendment of the whole entitled, "Resolution declaring the wishes of the City and County of San Francisco to permanently relocate the U.S.S. Missouri Battleship in San Francisco for establishment of a museum, memorial, and other functions at Piers 30-32 and urging the U.S. Department of Navy to select San Francisco for berthing of the U.S.S. Missouri". Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. 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 [Commend Sunset District Neighborhood Coalition] Resolution commending the Sunset District Neighborhood Coalition and declaring September 28, 1996 as "Sunset Community Festival Day" in San Francisco. Sponsors Supervisors Teng, Shelley, Kaufman, Bierman, Alioto, Katz, Yaki. File 6-96-119, Resolution No. 731-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. In connection with the above item, Supervisors Katz, Yaki requested to be added as co-sponsors. [State Legislation - SCR 62] Resolution supporting Senate Concurrent Resolution 62 (Thompson) and urging the Mayor to direct the City's lobbyist to urge the State Legislature to support SCR 62 that requests the Attorney General to bring a civil action against all major tobacco companies seeking reparations for public monies expended in treating tobacco related diseases. Sponsors Supervisors Alioto, Bierman, Yaki. File 12-96-42, Resolution No. 732-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [Federal Legislation - HR 3937] Resolution opposing House Resolution 3937 (Coburn) regarding federal HIV prevention and testing mandates, and urging his Honor, the Mayor, to transmit copies of this resolution to Congresswoman Nancy Pelosi and Congressman Tom Lantos, Senator Dianne Feinstein and Senator Barbara Boxer and San Francisco's federal legislative representative with the request that they take all actions necessary to achieve the objectives of this resolution. Sponsors Supervisors Alioto, Bierman, Katz. File 13-96-34, Resolution No. 733-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [San Francisco Healthy City Designation] Resolution supporting renewal of San Francisco's Healthy City Designation; supporting collaborative economic and community development strategies planning; and supporting continued access of undocumented women to prenatal care through presumptive Medicaid eligibility. Sponsors Supervisors Katz, Kaufman, Teng, Shelley, Bierman, Alioto, Yaki. File 30-96-16, Resolution No. 735-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [High Speed Rail] Resolution supporting the California Intercity High Speed Rail Commission in its efforts to make San Francisco the central terminus in the bay area region. Sponsors Supervisors Hsieh, Bierman, Kaufman, Katz. File 171-96-1, Resolution No. 739-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Katz requested to be added as co-sponsors. [Supporting the Peerless Clothing Workers] Resolution supporting the Peerless Clothing Workers' fight for freedom of speech, freedom from sexual harassment and freedom from discrimination and urging Macy's and other retail outlets to refuse to sell clothing manufactured by Peerless Clothing until the ethnic discrimination and harassment, religious discrimination and other charges have been settled. Sponsors Supervisors Teng, Bierman. File 176-96-6, Resolution No. 740-96 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown. File 30-96-1.16 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. [Extending Time for Negotiations-Local 250-A] Motion extending time pursuant to Charter Sections 11.100 and A8.404 for negotiations with the Transport Workers Union, Local 250-A representing 9163 Transit Operators. Sponsor Supervisor Shelley. File 104-96-3 (August 12, 1996 - Introduced in Board for consideration on August 19, 1996.) Adopted. [Addendum No. 2, Tobacco Litigation Contingent Fee] Resolution approving Second Contingency Fee Agreement and Addendum No. 2 to the June 6, 1996 contingency fee agreement in tobacco litigation. Sponsor Supervisor Yaki. File 194-96-1.2, Resolution No. 741-96 (August 13, 1996 - Referred to Board for Adoption Without Committee Reference Calendar August 19, 1996.) Adopted. [Grant - Federal Funds] Resolution authorizing the Recreation and Park Department to retroactively apply for a grant in the amount of $65,000 from the National Recreational Trails Fund Act of 1991, fiscal year 1996/97, for renovation of trails on Strawberry Hill in Stow Lake, Golden Gate Park. Sponsor Supervisor Bierman. File 150-96-1, Resolution No. 738-96 (August 14, 1996 - Referred to Board for Adoption Without Committee Reference Calendar August 19, 1996.) 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, Shelley, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal, Teng - 4. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Former Charter Provisions] Ordinance amending Administrative Code by adding Sections 2A.111, 2A.130, 2A.131, 2A.132, 2A.133, 2A.134, 2A.150, 2A.155, 2A.156, 2A.160, 2A.161, to codify Sections 3.552, 3.591, 3.592, 3.596, 3.597, 3.598, 3.601, 3.621, 3.623, 3.641 and 3.642 of the 1932 Charter, respectively; making necessary changes to conform to the 1996 Charter; and repealing former Charter Sections 3.551, 3.560, 3.570, 3.571, 3.572, 3.590, 3.593, 3.594, 3.599, 3.622, 3.624, 3.631, 3.632, 3.634, and 3.640 relating to Recreation and Park Department executives, Library Commission, Social Services Commission, Director of Social Services, functions and duties of Department of Social Services, Public Utilities Commission, Public Utility Department executives, Public Utility Department legal proceedings, acquisition of public utilities, Fine Arts Museums executives and employees, Fine Arts Museums compliance with gifts and donations, Asian Art Museum powers and duties, Asian Art Museum executives, Asian Art Museum compliance with gifts and donations, and Academy of Sciences facilities respectively. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered on August 27, 1996. File 097-96-019.04. Referred to Board [S.S. Stephen Hopkins Day] Resolution declaring September 27, 1996 as "S.S. Stephen Hopkins Day". Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 006-96-120. [Commending The Crisis Line for the Handicapped] Resolution commending The Crisis Line for the Handicapped for nearly two decades of community service and volunteerism. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 006-96-121. [Commending Albert Pollack] Resolution commending Albert Pollack for his eighty years of contributions to the City and County of San Francisco. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 006-96-122. Referred to Committee [Annual Report] Resolution adopting the recommendations of the Hazardous Materials Advisory Committee's Annual Report and encouraging the Health Commission and the Department of Public Health to implement the said recommendations as soon as possible. Supervisor Ammiano presented. Referred to Health/Public Safety/Environment Committee File 030-96-017. [Appointment] Hearing to consider Mayor's appointment of James Morales to serve as a member of the San Francisco Redevelopment Agency. Mayor Willie L. Brown, Jr. presented. Referred to Rules Committee. File 033-96-018. Referred to Board [Mayoral Appointees-Hazardous Materials Committee] Resolution encouraging the Mayor of San Francisco to provide the Rules Committee with two mayoral nominees to the Hazardous Materials Advisory Committee in order to fill the open slots. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 033-96-019. [Remove Both Decks of Central Freeway] Resolution urging CalTrans to remove the lower deck of the Central Freeway at the same time it is removing the upper deck in August of 1996. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 085-96-001.01. [Display of Children's Artwork] Resolution urging the Arts Commission to submit a proposal to the Clerk of the Board to display artwork of children and youth on the hallway walls of that portion of the Veteran's Building used for offices by the Board of Supervisors. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 197-96-005. [Marijuana for Medicine] Resolution urging the Police Commission and the District Attorney to reaffirm their commitment to make the arrest or prosecution of those involved in the possession or cultivation for personal use of marijuana for medicinal purposes, a low priority. Supervisors Ammiano, Bierman, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 207-96-009. [State Board of Equalization Records] Resolution requesting the State Board of Equalization (the "Board") to permit San Francisco's Assessor and Controller to examine Board records pertaining to the Board's allocation of the state assessed property tax roll. Supervisor Brown presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 224-96-001. Requests for Hearings: [Impact of Block Grants and Welfare Reform] Hearing to consider the impact of Block Grants and Welfare "Reform" on San Francisco's low income children, youth and families, and to consider action that can be taken at the local level to protect the public safety net; to consider the findings and recommendations of a report prepared by Coleman Advocates for Children and Youth, in collaboration with over a dozen community groups including Family Rights and Dignity, California Food Policy Advocates, the Coalition for Immigrant and Refugee Rights, San Francisco State School of Social Work, San Francisco Children's Council, Health Initiatives for Youth, California Childcare Resource and Referral Network, Center on Juvenile and Criminal Justice, the Women's Foundation, and Community United for Equality. Supervisors Bierman, Katz presented. Referred to Budget Committee with request it be considered at the September 11, 1996 meeting. File 013-96-032.02. [Direct Services Offered to People With AIDS] Hearing to consider the quality and availability of direct services offered to people with AIDS and those impacted by the HIV-AIDS epidemic by publicly funded agencies and community based organizations such as the AIDS Foundation. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee with request it be considered at a special meeting outside of City Hall. File 030-96-018. [Cost of Cannibas Club Raid] Hearing to consider the disclosure of all costs accrued to local government by the California Bureau of Narcotics Investigations raid of the state campaign headquarters of Prop. 215 and the Cannibas Buyers Club on August 4, 1996. Supervisor Ammiano presented. Referred to Health/Public Safety/Environment Committee File 030-96-019. 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 Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar September 3, 1996. File 030-96-001.17. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 034-96-008. [Changing Width of Sidewalk] Ordinance amending Ordinance No. 1061 entitled "Regulation the Width of Sidewalks by adding thereto Section No. 1528 changing the official sidewalk width at the intersection of Randolph Street and Arch Street, and at the intersection of Broad Street and Plymouth Avenue, collectively known as Muni Key Stop Phase "D", and as shown on the Department of Public Works drawings labeled Q-20-457 and Q-20-458 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 034-96-009. [Changing Width of Sidewalk] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1529 changing the official sidewalk width on the east side of Bayshore Boulevard south of Jerrold Avenue, as shown on the Department of Public Works Drawing labeled Q-20-436 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 045-96-051. [Isabel Pineda v. CCSF, et al.] Ordinance authorizing settlement of litigation of Isabel Pineda against the City and County of San Francisco by payment of $7,281.00. (S.F. Municipal Court No. 077-831). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-052. [Robert Evans v. CCSF, et al.] Ordinance authorizing settlement of litigation of Robert Evans against the City and County of San Francisco by payment of $32,500. (U.S. District Court Case No. C95-4559 MHP). (City Attorney) Referred to Government Efficiency/Labor Committee. File 090-96-003. [Saint Paulus Lutheran Church and Parsonage] Ordinance rescinding the designation of Saint Paulus Lutheran Church and Parsonage as Landmark No. 119 pursuant to Article 10 of the City Planning Code. (Planning Department) (See File 90-80-1, Ordinance No. 406-80). (Planning Commission Resolution No. 14174 recommending recision of proposed landmark dated August 1, 1996.) (Landmarks Preservation Advisory Board Resolution No. No. 488 recommending recision of said landmark dated June 19, 1996.) Referred to Housing and Land Use Committee. File 093-96-010.02. [MOU, Local 38, Amendment No. 2] Ordinance amending Ordinance No. 168-96 to correct clerical errors by adopting and implementing the provision of Amendment No. 2 to the Memorandum of Understanding between the Plumbing and Pipe Fitting Industry, Local 38 and the City and County of San Francisco to be effective July 1, 1996 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 125-96-001. [Housing Code - Lead Hazards] Ordinance amending the definition of Nuisance in Housing Code Section 401, to include dwelling units subjected to hazard reduction orders or emergency orders under Sections 1628 and 1630 of the Health Code. (Building Inspection Commission) Referred to Housing and Land Use Committee. File 125-96-002. [Housing Code - Assessment Liens] Ordinance amending Housing Code by amending Sections 204(f) and 302 to provide for collection of annual license fees for the periodic inspection of apartment houses and hotels on property tax bills. (Building Inspection Commission) Referred to Housing and Land Use Committee. File 188-96-004. [Water Department Fees] Ordinance approving schedule of fees for short term uses of San Francisco Water Department lands, rights-of-way, and other real estate properties. (Public Utilities Commission) Referred to Budget Committee with direction to report back to Board September 9, 1996. Resolutions Referred to Committee File 036-96-004.01. [Finding, 5545 Third Street Affordable Housing] Resolution adopting Final Negative Declaration, finding and determining that the establishment of the Third Street and Armstrong Avenue Affordable Housing Special Use District, and the reclassification of the height and bulk district from 40-X to 40-65-J, affecting the property at 5545 Third Street, Assessor's Block 5419, Lot 6, will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration; companion measure to File 36-96-4. (Planning Department). (Planning Commission Motion 14180 approving Conditional Use Authorization adopted August 8, 1996.) Referred to Housing and Land Use Committee. File 147-96-004. [State Grant - Exploring African-American Culture] Resolution authorizing the City Librarian to accept and expend Library Services and Construction Act funds from the California State Library in the amount of $5,000.00. This "Exploring African-American Culture" materials grant has been awarded to the Bayview/Waden Branch Library. There are no direct or indirect costs contained in the budget of this grant. (Public Library) Referred to Government Efficiency/Labor Committee. File 172-96-028. [Indemnification Agreement, DPH/SFCCD] Resolution authorizing the Director of Health to execute an agreement, including indemnification, with the San Francisco Community College District, for the WIC Program to provide special services and advice to the San Francisco Community College District. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-029. [Business Recovery Services Contract] Resolution approving the limitation of liability in agreement for business recovery services with International Business Machines Corporation. (Controller) Referred to Government Efficiency/Labor Committee. File 199-96-003. [Transfer of 1991 Ford Van] Resolution authorizing the City and County of San Francisco to transfer title of a 1991 Ford Van (equipment number 169505) to Mount St. Joseph-St. Elizabeth. (Department of Human Services) Referred to Budget Committee. File 271-96-002. [Fulton Street Mall Design Guidelines] Resolution approving a text amendment to the Civic Center Area Plan of the San Francisco General Plan to reference the Fulton Street Mall Design Guidelines adopted by the Planning Commission, and incorporating by reference findings pursuant to the California Environmental Quality Act relating to the Fulton Street Mall, as analyzed in the San Francisco Main Library Final Environmental Impact Report, Case No. 90.808E and re-evaluated in the Asian Art Museum Project EIR Addendum to that Environmental Impact dated May 1, 1996. (Planning Department) (Planning Commission Resolution No. 14165 adopting Fulton Street Mall Design Guidelines, dated July 25, 1996). Referred to Housing and Land Use Committee. There being no objection, the Board directed the Clerk to comply with the following requests: Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Daniel O'Sullivan Sponsor Supervisor Bierman. John Johnston (By the entire Board) Rosario Singson Alonzo (By the entire Board) File 2-96-33 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:35 p.m. adjourned. Jean Chew Lum, Acting 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 September 16, 1996 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