Board of Supervisors Minutes: September 24, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, September 24, 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 2:12 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Hsieh - 1. Quorum present. Supervisor Hsieh Excused The Clerk stated Supervisor Hsieh requested to be excused from attending today's meeting. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Hsieh. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair. Presentation of Guests Supervisor Shelley introduced, welcomed, and presented certificate of honors to four individuals who are touring City Hall and learning about our government process: Kathy McCormick, Pat Crow, Warren, Mark Zink. The President resumed the Chair. CONSENT CALENDAR Recommendation of Budget Committee Finally Passed [Settlement of Claim Against Partial 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) File 45-96-62, Ordinance No. 371-96 Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [Isabel Pineda v. CCSF, et al.] Ordinance authorizing settlement of litigation of Isabel Pineda against the City and County by payment of $7,281.00. (City Attorney) File 45-96-51, Ordinance No. 362-96 (S.F. Municipal Court No. 077-831.) Finally passed. [Robert Evans v. CCSF, et al.] Ordinance authorizing settlement of litigation of Robert Evans against the City and County by payment of $32,500. (City Attorney) File 45-96-52, Ordinance No. 363-96 (U.S. District Court Case No. C95-4559 MHP.) Finally passed. [Luisa Romero v. CCSF, et al.] Ordinance authorizing settlement of litigation of Luisa Romero against the City and County by payment of $12,000. (City Attorney) File 45-96-53, Ordinance No. 364-96 (Municipal Court No. 077-831.) Finally passed. [Robert V. Weber, et al. v. CCSF] Ordinance authorizing settlement of litigation of Robert V. Weber, et al, against the City and County by payment of $46,500. (City Attorney) File 45-96-54, Ordinance No. 365-96 (Superior Court No. 959-886.) Finally passed. [Caroline Braun, v. CCSF, et al.] Ordinance authorizing settlement of litigation of Caroline Braun against the City and County by payment of $12,000. (City Attorney) File 45-96-55, Ordinance No. 366-96 (Superior Court No. 970-797.) Finally passed. [Adele Roberts, v. CCSF, et al.] Ordinance authorizing settlement of employment discrimination claim of Adele Roberts against the City and County, Anthony Ribera, Thomas Murphy, Frank Reed, Forrest Fulton, and Woodrow Tennant by payment of $85,000.00. (City Attorney) File 45-96-56, Ordinance No. 367-96 (USDC, Northern District of California No. C94-4153 CAL.) Finally passed. [Stacy and Witbeck, Inc. v. CCSF] Ordinance authorizing settlement for Stacy and Witbeck, Inc. v. City and County based on Modification of Debarment Order by the Public Transportation Commission, reducing the debarment period, and the commitment by Stacy and Witbeck, Inc. to perform valuable public works at no cost to the City. (City Attorney) File 45-96-57, Ordinance No. 368-96 (Superior Court No. 961-589.) Finally passed. [Richard Felton v. CCSF. et al.] Ordinance authorizing settlement of litigation of Richard Felton against the City and County by payment of $7,500. (City Attorney) File 45-96-58, Ordinance No. 369-96 (Superior Court No. 970-909.) Finally passed. [Collins, Through Guardians Ad Litem, v. CCSF] Ordinance authorizing settlement of litigation of Maurice Lewis Collins and Jamaris Morgan Collins, through their Guardians Ad Litem, against the City and County by payment of $50,000. (City Attorney) File 45-96-59, Ordinance No. 370-96 (Superior Court No. 962-003.) Finally passed. [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 to be effective July 1, 1996 through June 30, 1997. (Department of Human Resources) File 93-96-10.2, Ordinance No. 372-96 Finally passed. [Public Information] Ordinance amending Administrative Code to exclude computer software developed by the City and County from the definition of public information. Sponsors Supervisors Katz, Ammiano, Yaki. File 97-96-21.1, Ordinance No. 375-96 (Amends Section 67.20.) Finally passed. Recommendations of Housing and Land Use Committee Adopted [Stop Intersections] Resolution designating certain intersections as stop intersections. (Housing and Land Use Committee) File 18-96-14, Resolution No. 858-96 (Stop Signs - Establish Seventeenth Avenue and Kirkham Street, northeast and southwest corners, stopping Kirkham Street traffic (makes this an all-way stop). Ashbury and Piedmont Streets, all corners, stopping all approaches (makes this T-intersection an all-way stop). Darien Way and Northgate Drive, northeast and southwest corners, stopping Darien Way traffic (makes this an all-way stop). Fillmore and Waller Streets, northwest and southeast corners, stopping Fillmore Street traffic (makes this an all-way stop). Grove and Shrader Streets, northeast corner, stopping westbound Grove Street traffic (stops the stem of this T-intersection).) Adopted. [Residential Parking Area "V", Balboa Park] Resolution extending the boundaries of Residential Permit Parking Area "V" in the Balboa Park Area and adding Mount Vernon Avenue, between Alemany Boulevard and Del Monte Street, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-20, Resolution No. 859-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. REGULAR CALENDAR UNFINISHED BUSINESS From Budget Committee Without Recommendation Finally Passed [Municipal Railway Improvement Fund] Ordinance amending the Administrative Code, to establish a Municipal Railway Improvement Fund to receive, administer and expend the funds certified by the Controller and identified in the Memorandum of Understanding between the Transport Workers Union and the City and County effective July 1, 1996, as funds which the City agreed to pay into the Transport Workers Union Municipal Railway Trust Fund for fiscal years 1994/95 and 1996/97 which exceed the level of permissible Transport Workers Union Municipal Railway Trust Fund payments. (Department of Human Resources) File 97-96-46, Ordinance No. 376-96 (Adds new Section 10.205.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Recommendations of Government Efficiency and Labor Committee Finally Passed [MOU, Local 250-A] Ordinance implementing the provisions of a Memorandum of Understanding as amended September 16, 1996 between the Transport Workers' Union, Local 250-A for 9163 Transit Operators and the City and County for the period July 1, 1996 through June 30, 2000. (Department of Human Resources) File 93-96-29, Ordinance No. 373-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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; setting effective date of January 15, 1997. (Mayor, Supervisors Shelley, Teng) File 97-96-20, Ordinance No. 374-96 (Adds Section 16.980.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Recommendation of Health, Public Safety & Environment Committee Adopted as Amended [Solid Waste Siting Element and Summary Plan] Resolution approving issuance of a negative declaration and adopting the final draft Siting Element and final draft Summary Plan. (City Administrator) File 57-96-3, Resolution No. 861-96 (Final Negative Declaration adopted and issued by City Planning on June 7, 1996.) (September 16, 1996 - Consideration continued to September 24, 1996.) Supervisor Alioto, seconded by Supervisor Kaufman, moved an amendment of the whole, entitled "Resolution approving issuance of a negative declaration and adopting the final draft Siting Element and final draft Summary Plan". Amendment of the Whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading as Amended [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; placing $4,500 on reserve. Sponsors Supervisors Yaki, Alioto, Bierman, Teng. File 101-96-9, Ordinance No. Supervisor Yaki, seconded by Supervisor Kaufman, moved to amend by reducing the property rent amount of $4,500 on reserve and placing it under "Other Materials and Supplies" on reserve. Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Passed for Second Reading [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance 1996/97, Board of Supervisors, Youth Commission, reflecting the creation of one (1) position, companion measure to File 101-96-9. Sponsors Supervisors Yaki, Alioto, Bierman. File 102-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Recommendations of Housing and Land Use Committee Passed for Second Reading [Changing Width of Sidewalk] Ordinance amending Ordinance No. 1061 entitled "Regulating 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 Planning Code Section 101.1. (Department of Public Works) File 34-96-8, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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) File 34-96-9, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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) File 90-96-3, Ordinance No. (Planning Commission Resolution No. 14174 recommending recision of proposed landmark dated August 1, 1996.) (Landmarks Preservation Advisory Board Resolution No. 488 recommending recision of said landmark dated June 19, 1996.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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, Supervisor Teng) File 125-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Adopted [Interim Zoning Controls, Alcoholic Beverage Sale] Resolution imposing Interim Zoning Controls to prohibit introduction of new establishments, or any expansion of existing establishments, subject to specified exceptions, selling alcoholic beverages in the Haight Street Neighborhood Commercial District, as defined in Planning Code Section 719.1 (general area along Haight Street between Stanyan Street and Central Avenue, including portion of Stanyan Street between Haight and Beulah Streets), and the area within 1/4 mile of any boundary of the Haight Street Neighborhood Commercial District, for an eighteen (18) month period and making determination of consistency with the priority policies of Planning Code Section 101.1. Sponsors Supervisors Bierman, Leal, Teng, Brown. File 111-96-2, Resolution No. 866-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Medical Centers] Resolution opposing the proposed University of California San Francisco Medical Center/Stanford merger until information regarding the full impact on employment and health care is provided to the City and the public. Sponsors Supervisors Bierman, Alioto. File 261-96-1, Resolution No. 868-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Recommendations of Rules Committee Adopted [Board Meeting Schedule] Resolution revising the regular meeting schedule of the Board of Supervisors by cancelling the meetings of December 2 and December 30, 1996. (Clerk of the Board) File 54-96-7, Resolution No. 860-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Appointment] Resolution appointing member to the Bicycle Advisory Committee, for unexpired portion of the three-year term ending December 31, 1996. (Rules Committee) File 92-96-16, Resolution No. 862-96 (David Kinsley, vice Melanie Gaier, Seat 24305, bicycle organization, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Appointment] Resolution appointing member to the Hazardous Materials Advisory Committee, for new four-year term ending July 1, 2000. (Rules Committee) File 92-96-32.3, Resolution No. 863-96 (Susan Glendening, vice Neil Gendel, Seat 22614, environmental organization, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Appointment] Resolution appointing member to the Hazardous Materials Advisory Committee, for unexpired portion of four-year term ending July 1, 1999. (Rules Committee) File 92-96-49, Resolution No. 864-96 (Catania Galvan, vice William Harris, Seat 22616, open seat, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Appointments] Resolution appointing members to the Bicycle Advisory Committee, terms expired, for new four-year terms ending December 22, 1999. (Rules Committee) File 92-96-50.1, Resolution No. 865-96 (Richard Lesnik, vice Richard Damm, Seat 24309, bicyclist-at-large; Dylan Rettler, vice Andrew Vesselinovitch, Seat 24310, bicyclist-at-large; Chuck Sumner, vice Terry Rolleri, Seat 24311, bicyclist-at-large.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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. Sponsor Supervisor Kaufman. File 54-96-8 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Conference with City Attorney - Litigation Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair. Recess The Board recessed at the hour of 2:53 p.m. to convene in closed session. Reconvening of the Board The Board reconvened at the hour of 3:43 p.m. Calling the Roll The following Supervisors were noted present: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Leal, Shelley, Yaki - 8. Noted absent: Supervisors Hsieh, Kaufman, Teng - 3. Quorum present. Supervisor Hsieh excused. See supra. Supervisor Kaufman was noted present at 3:45 p.m. Supervisor Teng was noted present at 3:45 p.m. Report on Closed Session Deputy City Attorney Ted Lakey reported the Board of Supervisors convened in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). The meeting was informational only and no action was taken. The President resumed the Chair. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations concerning possible litigation. Supervisor Alioto, seconded by Supervisor Leal, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Leal, Shelley, Yaki - 8. Absent: Supervisors Hsieh, Kaufman, Teng - 3. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, housing, tenant protection, senior rent; Ray Johnson, medical marijuana; Leboriae P. Smoore, police brutality, constitution of the poor; Joseph Trevino, Sunnyside Hotel, public safety at Minna, Natoma; Male speaker, cross on Mt. Davidson, homelessness; Timothy Gillepsie, library card catalog. 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 Teng requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Strawberry Organizing Campaign] Resolution endorsing the United Farm Workers of America's California Strawberry Organizing Campaign and expressing indignation at the abuses committed against farm workers. Sponsors Supervisors Teng, Ammiano, Leal Brown, Yaki, Bierman, Alioto, Shelley, Katz. File 176-96-7, Resolution No. 867-96 (September 16, 1996 - Introduced in Board for consideration on September 24, 1996.) Supervisor Teng, seconded by Supervisor Yaki, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. 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 [Proclaim Open Studios Month] Resolution declaring the month of October 1996 Open Studios Month in the City and County of San Francisco. Sponsors Supervisors Shelley, Bierman, Kaufman, Leal, Katz, Teng, Ammiano. File 4-96-18, Resolution No. 851-96 (September 16, 1996 - Introduced in Board for consideration on September 24, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Katz, Teng, Ammiano requested to be added as co-sponsors. [Proclaim Immigrant Pride Day] Resolution proclaiming Sunday, October 6, 1996 Immigrant Pride Day. Sponsors Supervisors Yaki, Teng, Shelley, Bierman, Kaufman, Hsieh, Leal, Katz, Ammiano. File 4-96-19, Resolution No. 852-96 (September 16, 1996 - Introduced in Board for consideration on September 24, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Hsieh, Leal, Katz, Ammiano requested to be added as co-sponsors. [Municipal Railway Bus Stop] Resolution urging the Department of Transportation and the Transportation Commission to shorten the length of the Municipal Railway bus stop on the 2600 block of San Bruno Avenue to protect food handling businesses from exhaust contamination. Sponsors Supervisors Alioto, Ammiano. File 7-96-5, Resolution No. 857-96 (September 16, 1996 - Introduced in Board for consideration on September 24, 1996.) Adopted. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Final Map, The Embarcadero Lofts] Motion approving final map of the Embarcadero Lofts, a Mixed-Use Condominium Project, being a resubdivision of Lot 20 in Assessor's Block 3747, (Beale and Folsom Street) and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-30 (September 12, 1996 - Referred to Board for consideration on September 24, 1996.) Adopted. [Final Map, 830 Lake Street] Motion approving final map of 830 Lake Street, a Residential Condominium Project, being a subdivision of Lot 5 in Assessor's Block No. 1349, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-31 (September 17, 1996 - Referred to Board for consideration on September 24, 1996.) Adopted. [Final Map, 650 Delancey Street] Motion approving final map of "The Oriental Warehouse Lofts", 650 Delancey Street, a Live/Work Condominium Project, being a resubdivision of Lot 25 in Assessor's Block 3789, and adopting findings pursuant to the Redevelopment Plan per Resolution No. 198-92 and Resolution No. 25-95. (Department of Public Works) File 58-96-32 (September 17, 1996 - Referred to Board for consideration on September 24, 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, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 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 resolutions being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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 Yaki, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Imperative Resolutions] Adopted [Proclaim Safety Awareness for Everyone Day] Resolution declaring September 26, 1996 as SAFE Day in the City and County of San Francisco. File 004-96-020, Resolution No. 853-96 Supervisors Shelley, Kaufman, Katz, Teng, Ammiano, Leal, Alioto, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Commend/Proclaim] Resolution commending the Commission on the Status of Women and declaring September 28 through October 4, 1996 as "Women's Opportunity Week". File 006-96-138, Resolution No. 854-96 Supervisors Shelley, Kaufman, Katz, Teng, Ammiano, Leal, Alioto, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Commend San Francisco Interfaith Council] Resolution commending the San Francisco Interfaith Council for holding a fact-finding, public hearing to determine the detrimental impact welfare reform legislation will have on the City and County of San Francisco and to develop proactive solutions to attempt to minimize economic and social adverse affects done to citizens of San Francisco. File 006-96-140, Resolution No. 856-96 Supervisor Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Commend Carl Smith] Resolution commending Carl Smith on his retirement from the Noe Valley Ministry Presbyterian Church and declaring September 15, 1996, Carl Smith Day. File 006-96-139, Resolution No. 855-96 Supervisors Ammiano, Bierman, Leal, Teng, Brown, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Catastrophic Sick Leave Policy] Ordinance amending Administrative Code Section 16.9-29 by naming this section T.J. Anthony Catastrophic Sick Leave Policy - Transfer of Sick Leave and Vacation Credits to Catastrophically Sick Employees. Supervisors Kaufman, Katz, Shelley, Teng, Leal presented. Referred to Government Efficiency/Labor Committee. File 097-96-008.02. [Political Consultants Reporting/Ethics Standards] Substitute ordinance amending Administrative Code by adding Sections 16.540 through 16.547 to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders and former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-013. [Pesticide Use] Ordinance amending Administrative Code by adding Chapter 39, Sections 39.1 through 39.7, to require City departments to minimize the use of pesticides and develop integrated pest management policies. Supervisors Shelley, Bierman, Alioto, Leal, Yaki, Katz, Ammiano, Teng presented. Referred to Rules Committee. File 097-96-052. [Municipalization Feasibility Report] Ordinance amending Administrative Code Section 11.08 to provide that the report regarding the feasibility of municipalizing the electricity utilities distribution system in San Francisco shall be submitted by the Public Utilities Commission to the Board of Supervisors as soon as possible but no later than January 31, 1997, rather than October 30, 1996. Mayor Willie L. Brown, Jr. presented. Referred to Health/Public Safety/Environment Committee File 097-96-053. [Sign Ordinance] Ordinance amending Planning Code Section 604 to allow a business that is relocating to a new location within 300 feet of its existing location to also relocate one existing business sign that would be nonconforming in its new location together with its associated sign structure, except that in no event may a painted sign or a sign with flashing, blinking, fluctuating or otherwise animated light be relocated unless in conformity with current code requirements applicable to its new location and the relocated sign must comply with applicable provisions of Article 10 and 11; adopting findings pursuant to Section 101.1 of the Planning Code. Supervisor Leal presented. Referred to Housing and Land Use Committee with request it be considered at the October 10, 1996 meeting. File 115-96-010. Referred to Board [Proclaim] Resolution declaring October 10, 1996 as the "Day of National Concern About Young People and Gun Violence" in the City and County of San Francisco. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar September 30, 1996. File 004-96-021. [Proclaim Domestic Violence Awareness Month] Resolution declaring October 1996 as Domestic Violence Awareness Month in the City and County of San Francisco. Supervisors Shelley, Alioto, Kaufman, Katz, Teng, Ammiano, Leal, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar September 30, 1996. File 004-96-022. [Commend Buena Vista Alternative School] Resolution commending the Buena Vista Alternative School and supporting their efforts to educate students and the community about diversity and respect. Supervisors Katz, Ammiano, Leal, Bierman, Alioto, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar September 30, 1996. File 006-96-141. [Wastewater Alternatives Study] Resolution urging the Public Utilities Commission and the Clean Water Program to conduct a comprehensive feasibility study of environmentally beneficial alternatives to the crosstown tunnel for dealing with wastewater flows into San Francisco Bay, and to report back to the Board of Supervisors within six months. Supervisors Shelley, Bierman, Ammiano, Katz, Yaki, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar September 30, 1996. File 053-96-001. [Crosstown Tunnel] Resolution opposing the flow of Central Valley Agricultural, Municipal and Industrial Wastewater through San Francisco via a crosstown tunnel and urging the Mayor, the Public Utilities Commission, the Department of Public Works and other city agencies to cease funding any studies which include a crosstown tunnel through San Francisco. Supervisors Shelley, Bierman, Ammiano, Katz, Yaki, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar September 30, 1996. File 053-96-002. Referred to Board [Lease of Real Property] Substitute resolution authorizing the City, as tenant, to enter into a lease with the San Francisco Unified School District, as landlord, for the lease of a portion of the San Francisco Community School play yard for the construction and operation of a youth center, which lease includes an option for the City to purchase the leased property and indemnities given by the City. Supervisors Shelley, Bierman presented. Referred to Budget Committee with request it be considered at the October 2, 1996 meeting. File 064-96-014. Requests for Hearings: [Highway Graffiti] Hearing to determine the impact on public safety and environment as it pertains to vandalism in the form of graffiti on the freeway signs and structures that may cause mayhem and accidents. Supervisor Brown presented. Referred to Health/Public Safety/Environment Committee. File 013-96-038. [Homelessness] Hearing to consider status reports from various City departments aided at developing a more realistic data base for future homelessness policy implications. Supervisors Brown, Alioto, Katz presented. Referred to Economic Vitality/Social Policy Committee with request it be considered at the October 1, 1996 meeting. File 083-96-002. [Youth Guidance Center Suicides] Hearing to investigate the recent suicides at the San Francisco Youth Guidance Center and whether suicide watch protocols are in place. Supervisor Yaki presented. Referred to Health/Public Safety/Environment Committee. File 214-96-002. [Disabled Community] Hearing to consider issues related to the disabled community. Supervisor Ammiano presented. Referred to Health/Public Safety/Environment Committee. File 268-96-001. 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 30, 1996. File 030-96-001.19. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-067. [Jane Doe v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jane Doe against the City and County of San Francisco by payment of $452,475. (USDC, Northern District of California Case No. C95-1733). (City Attorney) Referred to Government Efficiency/Labor Committee with request it be considered at the October 8, 1996 meeting. File 045-96-068. [Whitfield v. CCSF, et al] Ordinance authorizing settlement of litigation of Alejandro Whitfield against the City and County of San Francisco by payment of $8,500. (USDC, Northern District of California Case No. C96-2099 WHO). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-069. [Palkin/Golden City Tours v. CCSF, et al.] Ordinance authorizing settlement of litigation of Katherine Palkin and Golden City Tours against the City and County of San Francisco by payment of $35,000. (Superior Court No. 974-431) Referred to Government Efficiency/Labor Committee. File 045-96-070. [Angela Tardio v. CCSF, et al.] Ordinance authorizing settlement of litigation of Angela Tardio against the City and County of San Francisco by payment of $50,000. (Superior Court No. 971-157). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-071. [Su Ping Chen Liu v. CCSF, et al.] Ordinance authorizing settlement of litigation of Su Ping Chen Liu against the City and County of San Francisco by payment of $15,000, plus waiver of a medical lien in the amount of $7,070.05. (Superior Court No. 933-460). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-072. [Virgilio Estillore v. CCSF, et al.] Ordinance authorizing settlement of litigation of Virgilio Estillore against the City and County of San Francisco by payment of $8,000. (Superior Court No. 975-030). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-073. [Joanne Welsh v. CCSF, et al.] Ordinance authorizing settlement of litigation of Joanne Welsh against the City and County of San Francisco by payment of $288,106. (U.S. District Court No. C93-3722 DLJ). (City Attorney) Referred to Government Efficiency/Labor Committee. File 093-96-030. [MOU, Local 911, Police Officers Association] Ordinance implementing the provisions of a Memorandum of Understanding between the San Francisco Police Officers Association, Local 911, SEIU, AFL-CIO and the City and County of San Francisco for Bargaining Units P-1; P-2A and P-2B to be effective for the period July 1, 1996 through June 30, 2001. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 101-96-012. [Appropriation, Fire Department] Ordinance appropriating $14,233,588, Fire Department, of 1992 Fire Protection Bond proceeds to capital improvement projects for project management, architectural, engineering, construction, real estate and disruption expenses at Fire Department and Public Works for fiscal year 1996-97. RO #96053. (Controller) Referred to Budget Committee. Resolutions Referred to Committee File 028-96-010. [Emergency Repairs, San Joaquin Pipeline No. 3] Resolution authorizing expenditure of $600,000 for emergency repairs to the San Joaquin Pipeline No. 3 (Public Utilities Commission) Referred to Budget Committee. File 047-96-009. [License Agreement for Off-Street Parking] Resolution authorizing the license agreement for a parking lot at 140 South Van Ness Avenue for the Department of Human Services, retroactive to July 29, 1996. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 047-96-010. [License Agreements for Off-Street Parking] Resolution authorizing the license agreements for (1) a parking lot at Colusa Place and Colton Street and (2) parking garage at 1500 Mission Street for the Department of Human Services, retroactive to July 29, 1996 and August 26, 1996, respectively. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 048-96-036. [Settlement of Claim, Clarence Paton] Resolution approving the settlement of unlitigated claim of Clarence Paton by payment of $190,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 061-96-003. [Award Extension - SFWD Contract WD-2121] Resolution granting extension of time for award for San Francisco Water Department Contract No. WD-2121. (Public Utilities Commission) Referred to Government Efficiency/Labor Committee. File 089-96-009. [SDI, Classifications AB05, AB06, AB07 and AB08] Resolution authorizing enrollment of classifications AB05 Deputy Clerk, Parking and Traffic, AB06 Deputy Clerk I, Parking and Traffic, AB07 Information Clerk, Parking and Traffic and AB08 Assistant Division Chief Clerk, Parking and Traffic into the State Disability Insurance Program. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 146-96-020. [Grant, California Healthcare for Indigents Program] Resolution authorizing the Department of Public Health to apply for, accept, and expend a grant allocation of up to $9,079,584 for fiscal year 1996-97 funding from State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, facilities rental personal services, and indirect costs in the amount of $63,546, based on 14.9% of administrative and fiscal intermediary costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-034. [Prevailing Wage Requirements] Resolution exempting from the prevailing wage provision of Charter Section A7.204 a contract between the City and the San Francisco Conservation Corps to provide silt removal for the San Francisco Airports Commission. (Airports Commission) 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 Shelley, that City Attorney prepare ordinance which would amend Park Code Section 7.11 to allow certain groups to sell art in the parks. By Supervisor Brown, that letters be sent to various federal legislators requesting a full congressional hearing pertaining to allegations of drug distribution sponsored by the Central Intelligence Agency aimed at the South-Central Los Angeles area. By Supervisor Alioto, that letter be sent to Director, Human Resources Department inquiring as to any contract negotiations currently between the City and representatives of labor and any pending negotiations and the deadline for approval by the Board of Supervisors of these contracts. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Marie A. DiMaggio (By the entire Board) Bill Van Harrison Sponsor Supervisor Ammiano. Bill Van Harrison, Jr. Sponsor Supervisor Ammiano. Louis Johnson Sponsor Supervisor Brown. Nancy Kitchiner Sponsor Supervisor Brown. File 2-96-38 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:12 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 November 12, 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