Board of Supervisors Minutes: September 9, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, September 9, 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 2:07 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Leal - 1. Quorum present. Supervisor Leal was noted present at 2:11 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Teng, moved that the Journals of Proceedings for Monday, August 12, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. CONSENT CALENDAR Severed from Consent Calendar Supervisor Shelley requested that the following measure be severed from the Consent Calendar and considered separately. Recommendations of Government Efficiency and Labor Committee Consideration Continued [Prohibiting Contracting with the City] Ordinance amending Administrative Code, (Officers and Employees), to prohibit members of Boards and Commissions from contracting with the City and County. (Mayor, Supervisor Shelley) File 97-96-20, Ordinance No. (Adds Section 16.980.) Supervisor Yaki, seconded by Supervisor Brown, moved to continue consideration to September 16, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. The Board resumed its consideration of the following items on the Consent Calendar. Consent Calendar Recommendations of Government Efficiency and Labor Committee Finally Passed [Airport Lease Modification, FAA] Ordinance approving modification of lease number DFTA08-95-L-14707 between Federal Aviation Administration and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-96-9, Ordinance No. 337-96 Finally passed. [Jenice Cole v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jenice Cole against the City and County by payment of $12,000. (City Attorney) File 45-96-40, Ordinance No. 339-96 (Municipal Court No. 114-424.) Finally passed. [Edward Everett-Ronning v. CCSF, et al.] Ordinance authorizing settlement of litigation of Edward Everett-Ronning against the City and County by payment of $30,000. (City Attorney) File 45-96-41, Ordinance No. 340-96 (Superior Court No. 965789.) Finally passed. [Tracy Bridgewater v. CCSF, et al.] Ordinance authorizing settlement of litigation of Tracy Bridgewater against the City and County by payment of $18,000. (City Attorney) File 45-96-42, Ordinance No. 341-96 (Superior Court No. 971-635.) Finally passed. [Gary Sargent v. CCSF, et al.] Ordinance authorizing settlement of litigation of Gary Sargent against the City and County by payment of $20,000. (City Attorney) File 45-96-43, Ordinance No. 342-96 (U.S. District Court No. C94-3551.) Finally passed. [Margie Frye v. CCSF, et al.] Ordinance authorizing settlement of litigation of Margie Frye against the City and County by payment of $75,000. (City Attorney) File 45-96-44, Ordinance No. 343-96 (Superior Court No. 967-971.) Finally passed. [Stewart v. CCSF, et al.] Ordinance authorizing settlement of litigation of James Stewart against the City and County by payment of $178,380.09. (City Attorney) File 45-96-45, Ordinance No. 344-96 (USDC, Northern District of California Case No. C90-3206 CAL.) Finally passed. [Silberberg v. CCSF, et al.] Ordinance authorizing settlement of litigation of Silberberg against the City and County by payment of $115,000. (City Attorney) File 45-96-46, Ordinance No. 345-96 (USDC, Northern District of California Case No. C95-2548 FMS.) Finally passed. [Everette et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Everette against the City and County by payment of $95,000. (City Attorney) File 45-96-47, Ordinance No. 346-96 (USDC, Northern District of California Case No. C95-0453 SI.) Finally passed. [Coming Up, Inc. et al. v. CCSF, et al.] Ordinance authorizing settlement of the cross-claim brought by Richard Hongisto against the City and County for reimbursement of costs of defense in the action Coming Up, Inc. et al. v. City and County, et al. by payment of $140,000. (City Attorney) File 45-96-48, Ordinance No. 347-96 (U.S. District Court No. C92-3714, Court of Appeals Nos. 95-15689 and 95-15903.) Finally passed. [U.S.A. (Davis) v. CCSF] Ordinance authorizing partial settlement of litigation of U.S.A. (Davis) v. City and County, by payment of $161,731.15. (City Attorney) File 45-96-49, Ordinance No. 336-96 (USDC, Northern District of California, Consolidated Cases Nos. C84-1100 MHP, C84-7089 MHP.) Finally passed. [Wage Freeze Litigation, Locals 3 and 718] Ordinance authorizing settlement of the 1993-94 and 1994-95 wage freeze litigation, Operating Engineers, Local 3, et al. v. City and County, and Glaziers, Local 718, et al. v. City and County, by payment of $75,406. (City Attorney) File 45-96-50, Ordinance No. 348-96 (Superior Court Case Nos. 953-407 and 962-366 respectively.) Finally passed. [CCSF v. Giants of Tampa Bay Limited, et al.] Ordinance authorizing settlement of litigation of City and County against Giants of Tampa Bay Limited, et al. by payment of $349,251. (City Attorney) File 46-96-10, Ordinance No. 349-96 (Monterey Superior Court No. 94974.) Finally passed. [Francie Moeller et al., v. CCSF] Ordinance authorizing settlement of the unlitigated claim of Francie Moeller v. City and County by payment of $345,700. (City Attorney) File 48-96-28, Ordinance No. 350-96 Finally passed. [MOU, Building Inspectors, Amendment No. 1] Ordinance adopting and implementing the provisions of Amendment No. 1 to the Memorandum of Understanding between the Building Inspectors Association and the City and County providing that all covered employees be placed into full retirement contribution status effective two pay periods after approval of this ordinance by the Mayor. (Department of Human Resources) File 93-96-28, Ordinance No. 351-96 Finally passed. [Official Host -- South Africa] Ordinance amending Administrative Code, by repealing regulation which bars the expenditure of City funds to host an official or representative of South Africa. (City Attorney) File 97-96-43, Ordinance No. 354-96 (Repeals Section 1.34.) Finally passed. [Affinity Credit Card Program] Ordinance authorizing the City Administrator to negotiate directly with the San Francisco Convention and Visitors Bureau, without competitive bidding, for the development and operation of the San Francisco Affinity Credit Card Program and implementation thereunder, including the selection by the San Francisco Convention and Visitors Bureau of private companies providing services in connection therewith. Sponsor Supervisor Bierman. File 186-96-4, Ordinance No. 356-96 Finally passed. Recommendation of Housing and Land Use Committee Finally Passed [Changing Width of Sidewalk] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" changing the official sidewalk widths on Church Street between 24th and Jersey Streets; Church Street between 24th and Elizabeth Streets; 24th at Church Street; Church Street between 29th and Day Streets; Day Street at Church Street; Church Street between Day and 30th Streets; Taraval Street and 22nd Avenue; 22nd Avenue between Santiago and Taraval Streets, Ocean Avenue and Ashton Avenue; and San Jose Avenue north of Seneca Avenue, collectively known as MUNI Keystop Phase "C", and as shown on the Department of Public Works drawings labeled Q-20-446, Q-20-447, Q-20-449 through Q-20-456, inclusive and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-7, Ordinance No. 338-96 (Adds Section 1527.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Housing and Land Use Committee Finally Passed [Take Back Your Parking Act] Ordinance amending Traffic Code, allowing vehicular parking in areas zoned for residential and neighborhood commercial uses where temporary parking restrictions are in effect because of public or private construction work and the construction work does not commence by 12:00 noon of the date noticed and providing that this section shall be in effect through June 30, 1997. Sponsors Supervisors Yaki, Bierman, Teng, Brown, Kaufman, Katz. File 124-96-7, Ordinance No. 355-96 (Amends Section 33.1 and adds Section 33.1A.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. Recommendation of Rules Committee Finally Passed [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. 353-96 (Adds Section 2B.20.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Recommendation of Select Committee on Charter Implementation Finally Passed [Former Charter Provisions] Ordinance amending Administrative Code, making necessary changes to conform to the 1996 Charter and repealing various former Charter Sections; relating to Recreation and Park Department executives, Library Commission, Social Services Commission, Director of Social Services, functions and duties of the Department of Social Services; Public Utilities Commission, Public Utility Department executives, Public Utility Department legal proceeding, 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 the Academy of Sciences facilities. Sponsor Supervisor Kaufman. File 97-96-19.4, Ordinance No. 352-96 (Adds 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; Repeals 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.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. From Government Efficiency and Labor Committee Without Recommendation Adopted [Federal Grant - Airport] Resolution authorizing Airports Commission to apply for, and accept and expend grant of $9,892,664 from Federal Aviation Administration for assistance in improvements at the Airport (Airport Improvement Project No. 96-01); placing $7,412,664 on reserve. (Airports Commission) File 27-96-11, Resolution No. 803-96 (September 3, 1996 - Consideration continued to September 9, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Conference with City Attorney anticipated litigation as defendant Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney and the Director of Airports for the purpose of discussing the possibility of anticipated litigation against the City that may exist should the City decide to discontinue the acceptance of new federal grant funds for Airport purposes. Supervisor Teng, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Recess The Board recessed at the hour of 2:13 p.m. to convene in closed session. Reconvening of the Board The Board reconvened at 2:32 p.m. Calling the Roll The following Supervisors were noted present: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney and the Director of Airports for the purpose of discussing the possibility of anticipated litigation against the City that may exist should the City decide to discontinue the acceptance of new federal grant funds for Airport purposes. The meeting was informational only and no action was taken. Adopted Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the possible litigation. Supervisor Yaki, seconded by Supervisor Leal, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Amend Annual Appropriation Ordinance, Fiscal Year 1996-97] Ordinance amending the Annual Appropriation Ordinance for fiscal year 1996-97, File No. 101-96-2, Ordinance No. 297-96, giving effect to revenue changes and adjusting appropriations to meet the requirements of the Art Commission pursuant to Charter Section 16.106, and adjusting appropriations to meet the requirements of the Airport, as a prerequisite to levy a tax. (Controller) File 101-96-2.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Tax Rate Setting, CCSF, Fiscal Year 1996-97] Ordinance providing revenue and levying taxes for City and County purposes for the fiscal year ending June 30, 1997. (Controller) File 74-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Tax Rate Setting, SFUSD, Fiscal Year 1996-97] Ordinance providing revenue and levying taxes for San Francisco Unified School District purposes for the fiscal year ending June 30, 1997. (Controller) File 74-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Tax Rate Setting, SF Community College, Fiscal Year 1996-97] Ordinance providing revenue and levying taxes for San Francisco Community College District purposes for the fiscal year ending June 30, 1997. (Controller) File 74-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Water Department Fees] Ordinance approving a schedule of fees for short-term uses of San Francisco Water Department lands, rights-of-way, and other real properties. (Public Utilities Commission) File 188-96-4, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted [Appropriations Limit, Fiscal Year 1996-97] Resolution establishing the appropriations limit for fiscal year 1996-97 pursuant to California Constitution Article XIII B. (Controller) File 101-96-8, Resolution No. 806-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Transfer of 1991 Ford Van] Resolution authorizing the City and County to transfer title of a 1991 Ford Van (Equipment Number 169505) to Mount St. Joseph-St. Elizabeth. (Department of Human Services) File 199-96-3, Resolution No. 808-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Recommendation of Housing and Land Use Committee Refused Adoption (Supervisor Teng dissenting in Committee.) [Liquor License Transfer, 642 Irving Street] Resolution approving the transfer of a Type 48 on-sale general public premise liquor license from Umbertos Restaurants, Inc., located at 141 Steuart Street, to Massoud H. Ghadjar for the Silver Comet, located at 642 Irving Street, and determining that it will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-23, Resolution No. (July 29, 1996 - Rereferred to Committee from Board.) Refused adoption by the following vote: Ayes: Supervisor Hsieh - 1. Noes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Recommendation of Rules Committee Adopted [Appointment] Resolution approving the appointment of Mr. George C. Fleharty to the Board of Directors of the San Francisco Airport Improvement Corporation. (Airports Commission) File 92-96-41, Resolution No. 805-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, underground garage; Male speaker, pedestrian safety; Male speaker, taxicab ballot measure. 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 Bierman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Consideration Continued [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. Sponsor Supervisor Bierman. File 85-96-1.1, Resolution No. (September 3, 1996 - Consideration continued to September 9, 1996.) Supervisor Bierman, seconded by Supervisor Brown, moved to continue consideration to September 30, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference [Commend YWCA] Resolution commending the YWCA's and the Chinatown Joint Steering Committee's selection of the Chinese Historical Society of America (CHSA) as the appropriate buyer for the Chinatown YWCA building and supporting the use of city funds for assistance in acquiring the Chinatown YWCA by the Chinese Historical Society of America. Sponsors Supervisors Hsieh, Teng, Yaki, Shelley, Bierman, Alioto, Katz, Ammiano, Kaufman, Leal, Brown. File 6-96-124, Resolution No. 795-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. [Commend Pets Are Wonderful Support] Resolution commending the organization Pets Are Wonderful Support (PAWS) for their years of service to the City and County of San Francisco, its pets and the people they love. Sponsors Supervisors Katz, Ammiano, Alioto, Leal, Bierman, Yaki, Kaufman. File 6-96-125, Resolution No. 796-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Leal, Bierman, Yaki, Kaufman requested to be added as co-sponsors. [Commend Sunset Parkside Activities Center] Resolution commending the Sunset Parkside Activities Center. Sponsors Supervisors Shelley, Teng, Alioto, Bierman, Katz, Leal, Yaki, Kaufman. File 6-96-126, Resolution No. 797-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Leal, Yaki, Kaufman requested to be added as co-sponsors. [Commend Bay Area Network of Latinas] Resolution commending the Bay Area Network of Latinas (BANELA) on the occasion of its Hispanic Heritage Month celebration for its contributions in fostering and promoting the social, educational and economic advancement of Latina women and girls and proclaiming September 19, 1996 as "Bay Area Latinas Day" in the City and County of San Francisco. Sponsors Supervisors Leal, Alioto, Bierman, Katz, Yaki, Kaufman. File 6-96-127, Resolution No. 798-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Yaki, Kaufman requested to be added as co-sponsors. [Commend Walter Jebe] Resolution commending Walter Jebe for his lifetime of service to the City and County of San Francisco. Sponsors Supervisors Kaufman, Shelley, Leal, Yaki, Alioto, Katz, Ammiano, Teng, Bierman. File 6-96-128, Resolution No. 799-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Commend Sitiveni Ligamamada Rabuka] Resolution commending Major-General Sitiveni Ligamamada Rabuka, Prime Minister, Republic of Fiji and declaring September 16, 1996 "Major-General Rabuka Day" in San Francisco. Sponsors Supervisors Teng, Alioto. File 6-96-129, Resolution No. 800-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. [Commend Small Business Development Center] Resolution commending the San Francisco Small Business Development Center and declaring September 18, 1996 as "San Francisco Small Business Development Center Day" in San Francisco. Sponsors Supervisors Teng, Alioto, Bierman, Katz, Yaki, Kaufman. File 6-96-130, Resolution No. 801-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Yaki, Kaufman requested to be added as co-sponsors. [Claim, Ursula McGuire] Resolution approving the settlement of the unlitigated claim of Ursula Mcguire in the sum of $10,055. Sponsor Supervisor Kaufman. File 48-96-34, Resolution No. 804-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. [Grant, Public Library] Resolution authorizing the San Francisco Public Library to accept and expend funds not to exceed $10,000 from the California Council for the Humanities for symposia on San Francisco history; waiving indirect costs. Sponsors Supervisors Leal, Alioto, Bierman, Kaufman. File 147-96-6, Resolution No. 807-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Kaufman requested to be added as co-sponsors. [Sheridan School] Resolution urging the San Francisco Unified School District to complete the construction of Sheridan School. Sponsors Supervisors Shelley, Bierman, Katz, Yaki. File 211-96-5, Resolution No. 809-96 (September 3, 1996 - Introduced in Board for consideration on September 9, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Yaki requested to be added as co-sponsors. [Final Map, 1300 Divisadero Street] Motion approving final map of 1300 Divisadero Street, a Redevelopment Project, being a merger and resubdivision of Lots 57-60 in Assessor's Block No. 1100, and adopting findings pursuant to S.F.R.A. Commission Resolution No. 257-95. (Department of Public Works) File 58-96-27 (August 30, 1996 - Referred to Board for consideration on September 9, 1996.) Adopted. [Final Map, 342-348-350 Hayes Street] Motion approving final map of 342-348-350 Hayes Street, a Mixed-Use Condominium Project, being a merger and resubdivision of Lots 9 and 10 in Assessor's Block No. 809, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-28 (August 30, 1996 - Referred to Board for consideration on September 9, 1996.) Adopted. [Final Map, 2522 Octavia/1883-1885 Vallejo Streets] Motion approving final map of 2522 Octavia Street and 1883-1885 Vallejo Street, a Residential Condominium Project, being a resubdivision of Lot 18 in Assessor's Block 568, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-29 (September 3, 1996 - Referred to Board for consideration on September 9, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. 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 resolutions being considered at this time are purely commendatory. Supervisor Kaufman, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [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 Kaufman, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Imperative Resolutions] Adopted [Proclaim Don't Work In The Dark Day] Resolution proclaiming September 10, 1996 Don't Work In The Dark Day in San Francisco. File 004-96-017, Resolution No. 794-96 Supervisors Ammiano, Bierman, Katz, Kaufman, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Commend Valerie Dorr] Resolution commending Valerie Dorr for her outstanding service to the Department of Public Health and the citizens of the City and County of San Francisco and declaring Wednesday, September 18, 1996 as "Valerie Dorr Day" in the City and County of San Francisco. File 006-96-134, Resolution No. 802-96 Supervisor Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Board [Proclaim Salvation Army Chinatown Corps Day] Resolution proclaiming September 15, 1996 Salvation Army San Francisco Chinatown Corps Day in San Francisco. Supervisors Yaki, Hsieh, Teng, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 004-96-016. [Commend Metropolitan Transportation Commission] Resolution congratulating the Metropolitan Transportation Commission on its 25th Anniversary. Supervisors Hsieh, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 006-96-131. [Commend YWCA Week Without Violence Campaign] Resolution commending the YWCA Week Without Violence Campaign and designating October 6 through October 12, 1996 as the YWCA Week Without Violence in San Francisco. Supervisors Katz, Kaufman, Yaki, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 006-96-132. [Commend Cine Accion] Resolution commending Cine Accion on the occasion of its Fourth Annual Film Festival Cine Latino for its contributions in promoting Chicano/Latino film and video and proclaiming Thursday, September 19, 1996 through Sunday, September 22, 1996 as "Cine Latino Week" in the City and County of San Francisco. Supervisors Leal, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 006-96-133. [Public Benefits to Undocumented Residents] Resolution supporting Health Commission's Resolution Number 19-96 to continue provision of public benefits to undocumented residents under the provisions of Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (H.R. 3734 Welfare Reform). Supervisors Teng, Leal, Alioto, Katz, Kaufman, Yaki, Brown, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 013-96-032.03. [Salvage Logging Rider Repeal] Resolution urging the Clinton Administration to repeal the Salvage Logging Rider; urging the San Francisco Congressional Delegation to make the repeal of the Salvage Logging Rider a priority. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 013-96-036. [Tobacco Products and Advertising] Resolution supporting the Federal Food and Drug Administration's rules regulating tobacco products and advertising. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 013-96-037. Referred to Committee [Interim Controls, Inner Sunset Alcohol Beverage] Resolution imposing Interim Zoning Controls to establish the Inner Sunset Alcoholic Beverage Special Use District and prohibit introduction of new establishments, or any expansion of existing establishments, subject to specified exceptions, selling alcoholic beverages in this special use district generally bounded by Lincoln Way, Seventh Avenue, Kirkham Street and Eleventh Avenue, for an eighteen (18) month period and making determination of consistency with the priority policies of Planning Code Section 101.1. Supervisors Teng, Alioto presented. Referred to Economic Vitality/Social Policy Committee. File 111-96-004. [Parking Plan/Off Street Parking Fund] Resolution urging the Department of Parking and Traffic to include the Small Business Advisory Commission in the planning process of developing a long term parking plan and developing and tracking the revenue needed for an off-street parking fund. Supervisors Ammiano, Teng, Alioto presented. Referred to Housing and Land Use Committee. File 190-96-008. Referred to Board [Glen Park Canyon Traffic Management] Resolution urging the Recreation and Park Department to strictly manage traffic in Glen Park Canyon and Glen Park Recreation Center and Playground. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 193-96-004.01. [Glen Park Canyon Health Code Enforcement] Resolution urging the Recreation and Parks Department to work with the appropriate City departments to strictly enforce Sections 40 and 41.12 of the Health Code concerning dog control (defecation cleanup and dogs running loose). Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 16, 1996. File 193-96-007. Requests for Hearings: [Recycling Program] Hearing to consider the City's recycling programs for its departments. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee. File 057-96-004. 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 16, 1996. File 030-96-001.18. Referred to Committee [Off-site Meeting] Motion ordering the October 1996 meeting of the Select Committee on Charter Implementation of the San Francisco Board of Supervisors to be held on October 22, 1996, from 6:00 p.m. to 8:00 p.m. in the community room at the Richmond Police Station, located at 461 Sixth Avenue. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at the September 17, 1996 meeting. File 054-96-008. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-060. [Millicent and John Rutherford v. CCSF, et al.] Ordinance authorizing settlement of litigation of Millicent and John Rutherford against the City and County of San Francisco by payment of $95,000. (Superior Court No. 969-806). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-061. [Lillian Eng v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lillian Eng against the City and County of San Francisco by payment of $16,000. (Superior Court No. 964-732). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-062. [Settlement of Claim, NSF Design Team] Ordinance approving the settlement of the City's claims against members of the New Sheriff's Facility design team insured under the project errors and omissions insurance policy. (City Attorney) Referred to Budget Committee. File 045-96-063. [CSE Insurance Company, v. CCSF] Resolution authorizing settlement of litigation of C S E Insurance Company against Debra F. Forthne, City and County of San Francisco by payment of $10,327.27. (Municipal Court No. 128-103). (City Attorney) Referred to Government Efficiency/Labor Committee. File 082-96-003. [Grant of Easement, County of San Mateo] Ordinance authorizing conveyance of trail easements over Water Department Peninsula Watershed to the County of San Mateo. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 101-96-009. [Appropriation, Board of Supervisors] Ordinance appropriating $102,000, Board of Supervisors, from a General Fund Reserve established for the Youth Commission for salaries, fringe benefits, travel, training, rent, other current expenses, materials and supplies, equipment purchase and services of other departments, for the creation of one (1) position for the Youth Commission, Board of Supervisors for fiscal year 1996-97; companion measure to File 102-96-3. RO #96055. (Controller) Referred to Budget Committee. File 102-96-003. [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance 1996/97), reflecting the creation of one (1) position (Classification 1361 Special Assistant II) in the Board of Supervisors, Youth Commission; companion measure to File 101-96-9. (Department of Human Resources) Referred to Budget Committee. Resolutions Referred to Committee File 146-96-016. [Private Grant, Family Mosaic Project] Resolution authorizing the Department of Health to retroactively apply for, accept, and expend a grant of $911,622 from the Robert Wood Johnson Foundation to develop systems of managed care for all populations served by the Division of Mental Health; providing for ratification of action previously taken, and waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-017. [State Grant, Statewide Suicide Prevention Training] Resolution authorizing the Department of Public Health, Division of Mental Health Services, to retroactively apply for, accept and expend a grant of $100,000, which includes indirect costs in the amount of $10,000, based on 10% of the total award from the State Department of Mental Health to develop a statewide suicide prevention training package that will be used in the training of health and mental health practitioners to provide suicide prevention, early intervention and postvention services and education to the adult, older adult, and children populations in California; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-018. [Private Grant, Herpes Surveillance Project] Resolution authorizing the Department of Public Health, Community Public Health Services, to accept and expend a grant of $40,000 from the Glaxo Wellcome Company for participation in the Surveillance for Acyclovir Resistant Herpes Simplex Virus Pilot Project; waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 147-96-005. [Federal Grant, Technology in Education Program] Resolution authorizing the San Francisco Public Library to apply for, accept and expend approximately $200,000 per year for five years for a maximum of $1,009,302 as part of a collaboration with the Unified School District, to be awarded by the United States Department of Education, Challenge Grant for Technology in Education Program; waiving indirect costs. (Public Library) Referred to Government Efficiency/Labor Committee. File 172-96-033. [Medical Services Contract] Resolution authorizing the Director of Public Health to execute an agreement, including indemnification, with the Regents of the University of California, for the provision of services specified as necessary by the California Children Services (CCS) for Community Level Neonatal Intensive Care designation. (Department of Public Health) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Kaufman, that City Attorney provide detailed report documenting the legal fees and expenses expended by attorneys for the San Francisco Giants for their work in the deal to keep the Giants in San Francisco. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Bill Hestor (By the entire Board) Steven W. Draheim Sponsor Supervisor Leal. File 2-96-36 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:40 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 September 30, 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