Board of Supervisors Minutes: September 30, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, September 30, 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 2:15 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Quorum present. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Leal, seconded by Supervisor Teng, moved that the Journals of Proceedings for Tuesday, September 3 and Monday, September 9, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. CONSENT CALENDAR Recommendations of Housing and Land Use Committee Finally Passed [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. 377-96 Finally passed. [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. 378-96 Finally passed. [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. 379-96 (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.) Finally passed. [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. Sponsor Supervisor Teng. File 125-96-2, Ordinance No. 382-96 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, Leal, Shelley, Teng, Yaki - 11. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Budget Committee Finally Passed [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. 380-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [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, Teng. File 102-96-3, Ordinance No. 381-96 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 as Amended [Prop J Contract, Prime Vendor Distribution Program] Resolution concurring with the Controller's certification that the warehousing ((procurement)) and distribution of supplies can be practically performed for the Purchaser's Office on behalf of the Department of Public Health by private contractor for a lower cost than similar work services performed by City and County employees. (Department of Public Health) File 25-96-11, Resolution No. 874-96 (Fiscal Impact.) (September 16, 1996 - Consideration continued to September 30, 1996.) Supervisor Ammiano, seconded by Supervisor Teng, moved to amend title, line three, by deleting "procurement" and inserting "warehousing". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted [Contract] Resolution authorizing the Director of Public Health and the Purchaser to execute an agreement between the City and County and Allegiance Healthcare Corporation for the procurement and distribution of supplies at the Department of Public Health locations; companion measure to File 25-96-11. (Department of Public Health) File 172-96-27, Resolution No. 881-96 (September 16, 1996 - Consideration continued to September 30, 1996.) 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 [Medical Examiner Fees] Ordinance amending Administrative Code, authorizing the Medical Examiner to charge fees for certain services. (Chief Medical Examiner/Coroner) File 97-96-51, Ordinance No. (Amends Section 8.14.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Street Artist Fees] Ordinance amending Police Code, to establish a fee to cover the Arts Commission's costs of administering the application/examination process. (Arts Commission) File 121-96-11, Ordinance No. (Adds Section 2404.1.1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted [Emergency Repair, Southeast Water Pollution Plant] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by performing the necessary work to repair the roof of the Southeast Water Pollution Control Plant Digester No. 2. (Department of Public Works) File 28-96-8, Resolution No. 875-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Property Acquisition, CALTRANS Property/Route 480] Resolution approving and authorizing a Memorandum of Agreement with the State of California for acquisition of certain real property formerly occupied by Route 480 and located generally between Main Street and the Embarcadero (including certain waivers and indemnities for the benefit of the State contained in such agreements); adopting findings that such acquisition is consistent with the City's General Plan and Eight Priority Policies of Planning Code Section 101.1; and placing certain of the property under the Port's jurisdiction. (Real Estate Department) File 84-96-2, Resolution No. 878-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Airport Revenue Bonds] Resolution approving the issuance of up to $192,700,000 aggregate principal amount of San Francisco International Airport Second Series Revenue Bonds for the purpose of financing certain infrastructure improvements at San Francisco International Airport and approving the maximum interest rate thereon and approving up to $2,850,000,000 principal amount of Master Plan Bonds of the Airports Commission; approving the time for sale of Master Plan Bonds as ending December 31, 2000; approving up to 19 Series of Master Plan Bonds; and approving a final maturity date of the Master Plan Bonds of not later than May 1, 2030. (Airports Commission) File 170-96-8, Resolution No. 880-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. 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). Supervisor Teng, 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. Recess The Board recessed at the hour of 2:40 p.m. to convene in closed session. Reconvening of the Board The Board reconvened at the hour of 3:28 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 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. 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 Yaki, seconded by Supervisor Alioto, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Appointment of President Pro Tempore At the request of the President, Supervisor Teng assumed the Chair for a brief moment. The President resumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: The following persons spoke in favor of resolutions opposing a crosstown tunnel and urging study of alternatives to the crosstown tunnel: Amy V. Quirk, Trent Orr, Jeff Marmer, Beth Absams, Dario Absams Kiehn, David Chatfield, Linda Sheehan, Claude Wilson, Michael Lozean, Peter Reich, Susan Pena and Mat Zwerling. Patricia Vaughey, tenant protection; Walter Biller, Public Library card catalog preservation; Katherine Gordon, pesticide use in Central Valley; Joseph Trevino, Sunnyside Hotel, housing and police code violations. 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. Referred to Committee [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. Sponsors Supervisors Bierman, Katz, Yaki, Brown. File 85-96-1.1, Resolution No. (September 9, 1996 - Consideration continued to September 30, 1996.) At the request of Supervisor Bierman, referred to Housing and Land Use Committee. In connection with the above item, Supervisors Katz, Yaki, Brown requested to be added as co-sponsors. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. Severed From For Adoption Without Committee Reference Calendar Supervisor Shelley requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [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. Sponsors Supervisors Shelley, Bierman, Ammiano, Katz, Yaki, Teng, Alioto, Leal, Brown, Hsieh. File 53-96-1, Resolution No. 876-96 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Leal, Brown, Hsieh requested to be added as co-sponsors. Severed From For Adoption Without Committee Reference Calendar Supervisor Shelley requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [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 transporting Central Valley wastewater via a crosstown tunnel through San Francisco. Sponsors Supervisors Shelley, Bierman, Ammiano, Katz, Yaki, Teng, Alioto, Leal, Brown, Hsieh. File 53-96-2, Resolution No. 877-96 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Supervisor Shelley, seconded by Supervisor Bierman, moved to amend title, line five, after the word "include" by inserting "transporting Central Valley wastewater via". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Leal, Brown, Hsieh requested to be added as co-sponsors. Severed From For Adoption Without Committee Reference Calendar Supervisor Leal requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Disaster Relief Funds - Recreation and Park Department] Resolution authorizing the ((General Manager)) Mayor and other designated officials of the Recreation and Park Department to execute and file, on behalf of the City and County, an application for Federal and State financial assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act and the State Natural Disaster Assistance Act for funds as a result of the 1995 late winter storms. Sponsors Supervisors Leal, Kaufman. File 150-96-2, Resolution No. 879-96 (September 25, 1996 - Referred to Board for consideration on September 30, 1996.) Supervisor Leal, seconded by Supervisor Kaufman, moved to amend title, line one, by deleting "General Manager" and inserting "Mayor"; amend title, line two, by deleting "Recreation and Park Department" and inserting "City and County of San Francisco"; amend page one, line 20, after the word "that" by inserting "the Mayor or designee; Controller or designee; Director, Mayor's Office of Emergency Services;". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. Severed From For Adoption Without Committee Reference Calendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Consideration Continued [Cable TV Franchise Confidential Communications] Motion waiving the attorney-client privilege regarding the two cable television franchise confidential communications from the City Attorney's office for which the Board of Supervisors holds the attorney-client privilege, and directing the Clerk to place these documents in Board File No. 32-96-1.4. Sponsors Supervisors Ammiano, Shelley, Katz. File 32-96-1.7 (September 25, 1996 - Referred to Board for consideration on September 30, 1996.) Supervisor Ammiano, seconded by Supervisor Alioto, moved to continue consideration to October 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. 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] 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. Sponsors Supervisors Shelley, Kaufman, Katz, Leal, Yaki, Brown, Teng, Bierman. File 4-96-21, Resolution No. 869-96 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Katz, Leal, Yaki, Brown, Teng, Bierman requested to be added as co-sponsors. [Proclaim Domestic Violence Awareness Month] Resolution declaring October 1996 as Domestic Violence Awareness Month in the City and County of San Francisco. Sponsors Supervisors Shelley, Alioto, Kaufman, Katz, Teng, Ammiano, Leal, Bierman, Yaki, Brown, Hsieh. File 4-96-22, Resolution No. 870-96 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Brown, Hsieh requested to be added as co-sponsors. [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. Sponsors Supervisors Katz, Ammiano, Leal, Bierman, Alioto, Brown, Kaufman, Teng. File 6-96-141, Resolution No. 872-96 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Teng requested to be added as co-sponsors. [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 30-96-1.19 (September 24, 1996 - Introduced in Board for consideration on September 30, 1996.) Adopted. [Domestic Violence Workplace Education Day] Resolution declaring October 1, 1996 as Domestic Violence Workplace Education Day in the City and County of San Francisco. Sponsors Supervisors Shelley, Alioto, Kaufman, Katz, Leal, Yaki, Brown, Hsieh, Teng, Bierman. File 4-96-23, Resolution No. 871-96 (September 25, 1996 - Referred to Board for consideration on September 30, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Katz, Leal, Yaki, Brown, Hsieh, Teng, Bierman requested to be added as co-sponsors. [Final Map, 1260 Haight Street] Motion approving final map of 1260 Haight Street, a Residential Condominium Project, being a subdivision of Lot 15 in Assessor's Block 1234, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-33 (September 20, 1996 - Referred to Board for consideration on September 30, 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. The President resumed the Chair. 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 Alioto, 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 Yaki, seconded by Supervisor Alioto, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Imperative Resolution] Adopted [Commend Rigoberta Menchu] Resolution commending Rigoberta Menchu, human rights leader and Nobel Peace Prize Laureate, for her efforts and leadership to promote world peace and advocate for social justice on behalf of indigenous peoples in Guatemala and around the world on the occasion of her visit to the City and County of San Francisco on Friday, October 4, 1996. File 006-96-142, Resolution No. 873-96 Supervisors Leal, Kaufman, Ammiano, Katz, Alioto, Shelley 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 Committee [City Contracts Domestic Partner Benefits] Substitute ordinance amending Administrative Code Sections 12B.1, 12B.2, 13C-1 and 12C.2 to prohibit the city from entering into any contracts or other agreements with any party that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, and to define domestic partner for the purposes of these sections. Supervisors Ammiano, Katz, Alioto presented. Referred to Government Efficiency/Labor Committee. File 097-96-033. [Damages in Contracts for Goods/Services] Ordinance amending Administrative Code by adding Section 21.54 to provide for approval of waivers of future incidental and consequential damages in contracts for goods and services. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-054. Referred to Board [Commend Department of Parking and Traffic] Resolution commending the Department of Parking and Traffic on the implementation of a pay-by-telephone system for parking tickets in San Francisco. Supervisors Kaufman, Leal, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-143. [Commend Neighborhood Preservation Initiative] Resolution commending the Neighborhood Preservation Initiative and declaring October 2, 1996 as "Neighborhood Preservation Day" in San Francisco. Supervisors Teng, Brown, Katz, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-144. [Commend Emily Goldfarb] Resolution commending Emily Goldfarb for a decade of community service as the Executive Director of the Northern California Coalition for Immigrant Rights and in a variety of other capacities, and declaring November 21, 1996 "Emily Goldfarb Day" in San Francisco. Supervisors Teng, Kaufman, Brown, Katz, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-145. [Commend San Francisco Beautiful] Resolution commending San Francisco Beautiful and declaring October 8, 1996 as "San Francisco Beautiful Day" in San Francisco. Supervisors Teng, Kaufman, Katz, Brown, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-146. [Commend Teo Chew Community Center] Resolution commending Teo Chew Community Center and declaring October 6, 1996 as "Teo Chew Community Center Day" in San Francisco. Supervisors Teng, Kaufman, Brown, Katz, Hsieh, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-147. [Commend Chew Lun Association] Resolution commending the Chew Lun Association on its centennial celebration and declaring October 20, 1996 to be "Chew Lun Association Day" in San Francisco. Supervisors Hsieh, Teng, Yaki, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 006-96-148. [Opposing H.R. 2202, Immigrants] Resolution opposing H.R. 2202, urging the U.S. Senate to defeat H.R. 2202 urging the President to veto H.R. 2202, and urging the Mayor to urge the City and County's federal legislative lobbyist to take all actions necessary to convey this message to Congress and other municipalities. Supervisors Teng, Kaufman, Leal, Brown, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 013-96-023.01. [Headwaters Forest Complex] Resolution urging the Clinton Administration to seek and implement permanent protection for all six (6) groves and sixty thousand (60,000) acres comprising the Headwaters Forest Complex, while considering the timber workers who might be affected and, the long term economic vitality of California's North Coast communities. Supervisors Yaki, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 013-96-039. [Central Intelligence Agency Investigation] Resolution supporting the efforts initiated by Representative Maxine Waters calling for an investigation exploring the linkage between the Central Intelligence Agency and cocaine use in South Central Los Angeles. Supervisors Brown, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 013-96-040. Referred to Committee [Waiving Street Closing Fees] Resolution waiving all city fees for "Fiesta on the Hill" for 1995 and 1996 including fees assessed by the Police Department, the Department of Parking and Traffic, the Municipal Railway and the Fire Department charged to the "Fiesta on the Hill" and requesting all city departments to cooperate with 1996 fiesta organizers to assist in making it a success. Supervisors Ammiano, Bierman presented. Referred to Budget Committee. File 042-96-003. [Local Agency Military Base Recovery Area] Resolution authorizing the Redevelopment Agency of the City and County of San Francisco to apply to the State of California for designation of Hunters Point Naval Shipyard as a Local Agency Military Base Recovery Area. Supervisor Shelley presented. Referred to Budget Committee File 071-96-001. [Tobacco Paraphernalia Interim Zoning Controls] Substitute resolution imposing Interim Zoning Controls to temporarily prohibit the establishment of new enterprises, subject to specified exceptions, that sell tobacco paraphernalia, as defined, in all commercial and industrial districts, as established in Planning Code Sections 210 et seq., subject to specified exceptions; in the North of Market Residential Special Use District, as established in Planning Code Section 249.5, and areas adjoining this Special Use District that are zoned RC-4 (High Density Residential-Commercial Combined), as established in Planning Code Section 206.3; in neighborhood commercial districts, as established in Planning Code Sections 701 et seq.; and in mixed use Districts, including the Chinatown and South of Market Districts, as established in Planning Code Sections 801 et seq.; for an eighteen (18) month period and making a finding of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 111-96-003. [Redevelopment Agency Budget] Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 1996-97. Supervisor Hsieh presented. Referred to Budget Committee with request it be considered at the October 9, 1996 meeting. File 161-96-004.01. Referred to Board [Advertising on Vessels Ban] Resolution opposing non-incidental commercial advertising on vessels on the San Francisco Bay. Supervisors Katz, Brown, Teng, Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 7, 1996. File 173-96-001. Requests for Hearings: [Business Permit Process] Hearing to consider the business permit process. Supervisor Katz presented. Referred to Government Efficiency/Labor Committee with request it be considered at the October 22, 1996 meeting. File 127-96-008. [Electrical Distribution System] Hearing to consider the distribution of electrical power to the Mission Bay Development Project by the City and County of San Francisco. Supervisor Alioto presented. Referred to Select Committee on Municipal Public Power. File 255-96-002. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-074. [Medina v. CCSF, et al.] Ordinance authorizing settlement of litigation of Medina against the City and County of San Francisco payment of $91,500. (Superior Court No. 977-778) (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-075. [Ok Song Kim, et al. v. CCSF et al.] Ordinance authorizing settlement of litigation of Ok Song Kim against the City and County of San Francisco by payment of $11,500. (S.F. Municipal Court No. 110-129). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-076. [Christian Vargas et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Christian Vargas, a minor by and through his Guardian Ad Litem, Elsa Vargas; and Elsa Vargas, individually, against the City and County of San Francisco by payment of $8,161. (Superior Court No. 968-433). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-077. [Frank S. Lee v. CCSF] Ordinance authorizing settlement of litigation in the matter entitled Lee v. the City and County of San Francisco, by payment of $27,500. (Superior Court Case No. 974-074). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-078. [Andrea Johnson v. CCSF, et al.] Ordinance authorizing settlement of litigation of Andrea Johnson against the City and County of San Francisco by payment of $32,500. (Superior Court No. 963-945). (City Attorney) Referred to Government Efficiency/Labor Committee. File 052-96-003. [Underground District, Cesar Chavez Street] Ordinance creating Underground District No. 323 along Cesar Chavez Street. (Department of Public Works) Referred to Housing and Land Use Committee. File 052-96-004. [Underground District, Duboce Avenue] Ordinance creating Underground District No. 324 along Duboce Avenue. (Department of Public Works) Referred to Housing and Land Use Committee. File 052-96-005. [Underground District, Gough/Green Streets] Ordinance creating Underground District No. 325 in the Gough/Green Streets District; companion measure to File 52-96-5.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 052-96-006. [Underground District, Inner Sunset District] Ordinance creating Underground District No. 327 in the Inner Sunset District; companion measure to File 52-96-6.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 121-96-012. [Permit Regulations for Tow Car Companies] Ordinance amending Police Code by adding Article 30.1, providing regulations for the operation of tow car companies. (Police Commission) Referred to Health/Public Safety/Environment Committee. File 222-96-003. [Settlement, Out-of-Class Pay Grievance] Ordinance authorizing settlement of the out-of-class pay grievance of Maryellen Vergas filed pursuant to the Memoranda of Understanding between the Service Employees International Union, Local 790, AFL-CIO and the City and County of San Francisco in the amount of Five Thousand Dollars ($5,000). (Department of Human Resources) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 048-96-037. [Settlement of Claim, USF&G Insurance] Resolution approving the settlement of the unlitigated claim of USF&G Insurance(Insured, Adams and Cantwell) by payment of $22,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-038. [Settlement of Claim, David Tise] Resolution approving the settlement of the unlitigated claim of David Tise by payment of $13,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-039. [Settlement of Claim, Robert Wickser] Resolution approving the settlement of the unlitigated claim of Robert Wickser by payment of $15,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-040. [Settlement of Claim, Allstate Insurance] Resolution approving the settlement of the unlitigated claim of Allstate Insurance(Insured, Walter Ware) by payment of $7,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-041. [Claim, California State Automobile Association] Resolution approving the settlement of the unlitigated claim of California State Automobile Association by payment of $12,099.60. (City Attorney) Referred to Government Efficiency/Labor Committee. File 052-96-005.01. [Lighting Assessment District, Gough/Green Streets] Resolution determining to undertake proceedings to form an assessment district pursuant to Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in the Gough/Green Streets District; companion measure to File 52-96-5). (Department of Public Works) Referred to Housing and Land Use Committee. File 052-96-006.01. [Lighting Assessment District, Inner Sunset] Resolution determining to undertake proceedings to form an assessment district pursuant to Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in the Inner Sunset District; companion measure to File 52-96-6. (Department of Public Works) Referred to Housing and Land Use Committee. File 064-96-017. [Lease of Property at Tenth and Howard Streets] Resolution authorizing the lease of real of property at Tenth and Howard Streets for the San Francisco Police Department's Crime Prevention Unit. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 064-96-018. [Lease of Property at 1145 Market Street] Resolution authorizing a lease of real property at 1145 Market Street for Public Transportation Department and Department of Human Resources. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 064-96-019. [Lease of Property at 1155 Market Street] Resolution authorizing a lease of real property at 1155 Market Street for the Public Utilities Commission. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 082-96-004. [Conveyance of Easement, Santa Clara County] Resolution authorizing settlement of threatened litigation and the City's conveyance of an easement over Water Department pipeline right of way in Santa Clara County. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 096-96-002. [Sale of Surplus City-Owned Property] Resolution confirming sale of surplus City-owned property. (Also see File 96-95-3). (Real Estate Department) (Assessor's Block 3644, Lot 5, 1240 Valencia St.) Referred to Government Efficiency/Labor Committee. File 138-96-011. [State Grant, Career Criminal Prosecution Program] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend grant funds in the amount of $197,178 including indirect costs of $9,389 made available through the California Office of Criminal Justice Planning for the operation of the Career Criminal Program for the twelve month period July 1, 1996 through June 30, 1997. (District Attorney) Referred to Government Efficiency/Labor Committee. File 147-96-007. [Grant, Public Library] Resolution authorizing the San Francisco Public Library to apply for, accept and expend $254,736 to be awarded by the National Science Foundation, Network Infrastructure for Education Program; waiving indirect costs. (Public Library) Referred to Government Efficiency/Labor Committee. File 152-96-002. [State Grant, Drug Abatement Project] Resolution authorizing retroactively the Sheriff of the City and County of San Francisco to apply for, accept and expend funds in the amount of $61,919 which include indirect costs in the amount of $3,096 based on five percent of the project costs made available through the Office of Criminal Justice Planning for a project entitled "San Francisco Drug Abatement Project." (Sheriff) 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 Katz, that City Attorney advise what steps the City can take to ban non-incidental commercial advertising on vessels on the San Francisco Bay. This is not intended to prevent sporting or recreational vehicles from traveling on the Bay even if they have incidental advertising such as logos. By Supervisor Alioto, that City Attorney prepare ordinance establishing a business license tax category in the City and County of San Francisco for electrical utilities. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Mark William Jensen Sponsor Supervisor Leal. Norma J. Kelsey Sponsor Supervisor Brown. File 2-96-39 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:19 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