Board of Supervisors Minutes: December 23, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, December 23, 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 Barbara Kaufman presiding. CALLING THE ROLL The meeting was called to order at 2:03 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Yaki - 6. Noted absent at first roll call: Supervisors Alioto, Hsieh, Leal, Teng - 4. Quorum present. Supervisor Alioto was noted present at 2:05 p.m. Supervisor Hsieh was noted present at 2:04 p.m. Supervisor Leal was noted present at 2:05 p.m. Supervisor Teng was noted present at 2:04 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Ammiano seconded by Supervisor Bierman moved that the Journal of Proceedings for Monday, October 21, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Department of Human Services] Ordinance appropriating and rescinding $144,585, Department of Human Services, of salaries for the creation and deletion of five (5) positions, for fiscal year 1996-1997. (Controller) File 101-96-22, Ordinance No. 2-97 Finally passed. [Salary Ordinance Amendment, Department of Human Services] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) Department of Human Services, reflecting the creation and deletion of five (5) positions; companion measure to File 101-96-22. (Department of Human Services) File 102-96-5, Ordinance No. 8-97 Finally passed. [Appropriation, Rent Arbitration Board] Ordinance appropriating $241,709, Rent Arbitration Board, of Neighborhood Development Special Revenue Funds to salaries, fringe benefits and professional services for data base development and temporary staff for fiscal year 1996-97. (Controller) File 101-96-23, Ordinance No. 3-97 Finally passed. [Appropriation, Public Library] Ordinance appropriating $1,601,488, Public Library, for salaries-miscellaneous for fiscal year 1996-97 - $1,257,927 from Public Preservation Fund, $129,977 from the General Fund Reserve and $211,684 from fees and Federal grant revenues and miscellaneous revenues; rescinding $83,600 of membership fees, other contractual services (Library Preservation Fund) and $1,900 of materials and supplies (General Fund). (Controller) File 101-96-24, Ordinance No. 4-97 Finally passed. [Appropriation, Medical Examiner/Coroner] Ordinance appropriating $18,937, Medical Examiner/Coroner, from General Fund Reserve (Sudden Infant Death Syndrome Revenue) to purchase computer equipment for fiscal year 1996-97. (Controller) File 101-96-25, Ordinance No. 5-97 Finally passed. [Appropriation, Board of Supervisors] Ordinance appropriating $17,626, Board of Supervisors, from the General Fund Reserve for salaries and fringe benefits for the creation of one (1) position for fiscal year 1996-97. (Controller) File 101-96-26, Ordinance No. 6-97 Finally passed. [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) Board of Supervisors, reflecting the creation of one (1) position; companion measure to File 101-96-26. (Department of Human Resources) File 102-96-7, Ordinance No. 10-97 Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Kathryne Lee v. CCSF, et al.] Ordinance authorizing settlement of litigation of Kathryne Lee against the City and County by payment of $7,500. (City Attorney) File 45-96-98, Ordinance No. (Superior Court No. 968-315.) Passed for second reading. [William Johlie v. CCSF, et al.] Ordinance authorizing settlement of litigation of William Johlie against the City and County by payment of $25,000. (City Attorney) File 45-96-99, Ordinance No. (Superior Court No. 978-208.) Passed for second reading. [Gregoria Segado et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Gregoria Segado against the City and County by payment of $6,000. (City Attorney) File 45-96-100, Ordinance No. (Municipal Court No. 114-402.) Passed for second reading. [Grace Ryan v. CCSF et al.] Ordinance authorizing settlement of litigation of Grace Ryan against the City and County by payment of $70,314.09. (City Attorney) File 45-96-101, Ordinance No. (Superior Court No. 973-066.) Passed for second reading. [GA Rights Union et al. v. Cahill et al.] Ordinance authorizing settlement of litigation of GA Rights Union against the City and County by payment of $38,626. (City Attorney) File 45-96-102, Ordinance No. (Superior Court No. 973-227.) Passed for second reading. [Homer J. Olsen et al. v. CCSF and CH2M Hill] Ordinance authorizing settlement of litigation of Homer J. Olsen/Ohbayashi Corporation and Brayer/Abbett against the City and County and CH2M Hill by payment of $2,000,000. (City Attorney) File 45-96-103, Ordinance No. (Alameda County Superior Court, Northern Division; Docket No. 727093-8.) Passed for second reading. Adopted [Prop J Contract, Security Services] Resolution concurring with the Controller's certification that uniformed security services can be practically performed for the Public Transportation Commission by a private contractor for a lower cost than similar work services performed by City and County employees. (Public Transportation Commission) File 25-96-24, Resolution No. 5-97 Adopted. [Gift Acceptance, Rathmann Family Foundation] Resolution authorizing acceptance by the Fire Department of a $8,850 contribution from the Rathmann Family Foundation for the Neighborhood Emergency Response Team training program. (Fire Commission) File 38-96-19, Resolution No. 7-97 Adopted. [Settlement of Claim, Thomas Willet] Resolution approving the settlement of the unlitigated claim of Thomas Willet by payment of $7,800.00. (City Attorney) File 48-96-59, Resolution No. 9-97 Adopted. [Settlement of Claim, Deanna Weber] Resolution approving the settlement of the unlitigated claim of Deanna Weber by payment of $8,000.00. (City Attorney) File 48-96-60, Resolution No. 10-97 Adopted. [Settlement of Claim, Ercel Rima-Fleurima] Resolution approving the settlement of the unlitigated claim of Ercel Rima-Fleurima by payment of $6,000.00. (City Attorney) File 48-96-61, Resolution No. 11-97 Adopted. [Settlement of Claim, Allstate Insurance] Resolution approving the settlement of the unlitigated claim of Allstate Insurance Company (Insured: John Klip) by payment of $5,439.53. (City Attorney) File 48-96-62, Resolution No. 12-97 Adopted. [Settlement of Claim, Debbie Ellis] Resolution approving the settlement of the unlitigated claim of Debbie Ellis by payment of $7,000.00. (City Attorney) File 48-96-63, Resolution No. 13-97 Adopted. [Settlement of Claim, Michael Walls] Resolution approving the settlement of the unlitigated claim of Michael Walls by payment of $7,050.00. (City Attorney) File 48-96-64, Resolution No. 14-97 Adopted. [Settlement of Claim, Thomas Gerard Murphy] Resolution approving the settlement of the unlitigated claim of Thomas Gerard Murphy by payment of $30,000. (City Attorney) File 48-96-65, Resolution No. 15-97 Adopted. [Settlement of Claim, Susan Colby Meyer] Resolution approving the settlement of the unlitigated claim of Susan Colby Meyer by payment of $23,500. (City Attorney) File 48-96-66, Resolution No. 16-97 Adopted. [Lease of Property to Crystal Springs Golf Partners] Resolution authorizing a 20-year lease of Water Department land between the City and County and Crystal Springs Golf Partners, L.P., located in the Crystal Springs Watershed, San Mateo, California. (Public Utilities Commission) File 65-96-13, Resolution No. 18-97 Adopted. [Transit Shelter Agreement] Resolution approving assignment of advertising transit shelter agreement to Outdoor Systems, Inc. (Municipal Railway) File 172-96-40, Resolution No. 23-97 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Budget Committee Finally Passed [Appropriation, Mayor's Office] Ordinance rescinding $493,006, Mayor's Office, from a capital project for stadium naming rights at Recreation and Park and transferring it to salaries, fringe benefits, travel, training, professional services, materials and supplies, equipment and services of other departments for the creation of three (3) positions to review financing and development options for a stadium to replace 3Com Park, for fiscal year 1996-97; placing $360,000 on reserve. (Controller) File 101-96-27, Ordinance No. 7-97 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Salary Ordinance Amendment, Mayor's Office] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) Mayor's Office, reflecting the creation of three (3) positions; companion measure to File 101-96-27. (Department of Human Resources) File 102-96-6, Ordinance No. 9-97 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Contracted Paratransit Services] Ordinance approving a revised fare schedule for the San Francisco Municipal Railway's contracts paratransit services. (Public Transportation Commission) File 7-96-7, Ordinance No. 1-97 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendation of Government Efficiency and Labor Committee Finally Passed [Garment Manufacturers' Tax Credit] Ordinance amending Part III, Municipal Code, to grant a tax credit, not to exceed $30,000, against the Payroll Expense Tax and the Business Tax on gross receipts, to garment manufacturers with gross receipts of not more than $5 million that invest in technical equipment work reorganization, or employee training, as specified, operative January 1, 1997, and expiring December 31, 2001. Sponsors Supervisors Teng, Bierman, Ammiano, Yaki, Leal, Katz, Brown. File 127-96-4, Ordinance No. 11-97 (Fiscal Impact.) (Adds Sections 906C and 1005.7.) (December 16, 1996 - Consideration continued to December 23, 1996.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. From Housing and Land Use Committee "Without Recommendation" Finally Passed [Street Vacation/Sale - Portion of Alameda Street] Ordinance ordering the vacation of the public street easement over a portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 164-96-1.2. (Real Estate Department) File 164-96-1.1, Ordinance No. 486-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Sale/Exchange of Property, Alameda Street] Proposed amendment of the whole entitled, Ordinance authorizing the exchange of a former portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1. (Real Estate Department) File 164-96-1.2, Ordinance No. 487-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. NEW BUSINESS Recommendations of Government Efficiency and Labor Committee Adopted [Emergency Design Contract] Resolution authorizing the Director of Health to take necessary measures to protect the health, welfare and public safety of the citizens of San Francisco by performing the necessary work to replace the hot water system at Laguna Honda Hospital. Sponsors Supervisors Ammiano, Alioto. File 28-96-11, Resolution No. 6-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as co-sponsor. [Gift Acceptance, Recreation and Park] Resolution accepting four gifts valued at $72,300, for use by the Recreation and Park Department. Sponsor Supervisor Alioto. File 38-96-20, Resolution No. 8-97 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. [Employee Claims/Miu Ling Lam] Resolution authorizing reimbursement for cost of personal property of City and County employees damaged or stolen in the line of duty (one claim in the amount of $100.00). Sponsor Supervisor Alioto. File 51-96-2.1, Resolution No. 17-97 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. [Grant, Enhance the Police Communications System] Resolution authorizing the Chief of Police to retroactively apply for, accept and expend funds in the amount of Five Hundred Thousand Dollars ($500,000.00) for new funding for a project entitled "Program to Enhance the Police Communications System", plus an in-kind match of One Hundred Thousand ($100,000.00) Dollars. Sponsor Supervisor Alioto. File 143-96-10, Resolution No. 20-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. [State Allocation, Tuberculosis Control Services] Resolution authorizing the Department of Public Health, TB Control Division, to accept and expend an allocation of $34,697, which includes no indirect costs, from the State Department of Health Services to provide collaborative tuberculosis control services; waiving indirect costs. Sponsor Supervisor Alioto. File 146-96-26, Resolution No. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. [CCSF-IBM Professional Services Contract] Resolution approving the limitation of liability in an agreement for professional services with International Business Machines Corporation who is developing an improved process for dealing with problem management for the Information Services Division, retroactive to July 1, 1996. (Controller) File 172-96-29.3, Resolution No. 22-97 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [1995-96 Transfer Payment from BART to MUNI] Resolution approving an agreement between the City and County and the Bay Area Rapid Transit District, authorizing payment to Municipal Railway for transfer trips provided in 1995-96. (Public Transportation Commission) File 172-96-41, Resolution No. 24-97 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Tolling Agreement, Alexander Hamilton Post No. 448] Resolution authorizing City Attorney to enter into an agreement with the Alexander Hamilton Post #448 of the American Legion ("Post") to toll the statute of limitations on any claims that the Post may have against the City and County, arising out of alleged discrimination against the Post in the War Memorial Veterans Building, retroactive to October 18, 1996. Sponsor Supervisor Alioto. File 172-96-42, Resolution No. 25-97 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. [Civil Service Rule Amendment, Exempt Employment] Resolution approving amendment to Civil Service Commission Rule 14 adding Section 14.46, "Charter limit on certain categories of exempt appointment" adopted by the Civil Service Commission on November 18, 1996 pursuant to Charter Section 10.104. (Civil Service Commission) File 222-96-4, Resolution No. 28-97 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendations of Housing and Land Use Committee Passed for Second Reading [Roadway Acceptance, Tunnel Avenue] Ordinance accepting for maintenance the roadway, including the curbs, of Tunnel Avenue from the San Francisco-San Mateo County line to 651 feet northerly. Sponsor Supervisor Alioto. File 9-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Changing Width of Sidewalk, Beale Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" changing the official sidewalk width on the north side of Beale Street westerly of Harrison Street, as shown on the Department of Public Works drawing labeled Q-20-466 and making findings pursuant to Planning Code Section 101.1. Sponsor Supervisor Alioto. File 34-96-13, Ordinance No. (Adds Section 1533.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. Adopted [Encroachment Permit - 2430 Pacific Avenue] Motion denying the appeal of a decision by the Director of Public Works, which granted the issuance of a Minor Sidewalk Encroachment Permit to construct two planter boxes and a warped driveway ramp, which would encroach into the public-right-of-way fronting the property at 2430 Pacific Avenue, conditioned upon a valid building permit being obtained from the Department of Building Inspection for the construction of the new garage within the basement area of the subject property, and granting the issuance of the requested Minor Encroachment Permit, as conditioned by the Department of Public Works, for the property at 2430 Pacific Avenue. Sponsor Supervisor Alioto. File 24-96-5 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Alioto requested to be added as sponsor. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ms. Lowell, supporting Symphony; Man, expansion of library hours on Sunday. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Severed From For Adoption Without Committee Reference Calendar Supervisor Katz requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Non-Discrimination - City Contracts] ((Resolution urging the Mayor to require all leases and contracts that extend for a period of two or more years, entered into by the City and County between December 23, 1996 and the effective date of Ordinance 97-96-33.1, to contain a provision requiring compliance with Ordinance 97-96-33.1 prohibiting discrimination in benefits.)) Sponsors Supervisors Katz, Ammiano, Leal, Bierman. Resolution urging the Mayor and Departments of the City and County to include in all leases and contracts covered by Ordinance 97-96-33.1, entered into by the City and County of San Francisco between the effective date of this resolution and the effective date of Ordinance 97-96-33.1 and that extend for a period of two or more years, a provision requiring compliance with Ordinance 97-96-33.1 upon the effective date of the ordinance and urging departments to specifically identify in all legislation that approves leases subject to this resolution whether such leases include the provisions urged by this resolution File 172-96-47, Resolution No. 26-97 (December 18, 1996 - Referred to Board for adoption without committee reference calendar December 23, 1996.) Supervisor Katz, seconded by Supervisor Leal, moved an amendment of the whole bearing new title as follows: "Resolution urging the Mayor and Departments of the City and County to include in all leases and contracts covered by Ordinance 97-96-33.1, entered into by the City and County of San Francisco between the effective date of this resolution and the effective date of Ordinance 97-96-33.1 and that extend for a period of two or more years, a provision requiring compliance with Ordinance 97-96-33.1 upon the effective date of the ordinance and urging departments to specifically identify in all legislation that approves leases subject to this resolution whether such leases include the provisions urged by this resolution" Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. 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 [State Legislation, SB 4] Resolution supporting Senate Bill 4, which amends Penal Code Sections 554 and 555.3, relating to trespass. Sponsors Supervisors Alioto, Bierman. File 12-96-49, Resolution No. 29-97 (December 16, 1996 - Introduced in Board for consideration on December 23, 1996.) Adopted. [Transbay Terminal-Headwaters Trade] Resolution opposing the method by which the Transbay Terminal was offered in exchange for land located in the Headwaters Forest and opposing any efforts to use the Transbay Terminal in a manner inconsistent with San Francisco's Transit First Policy. Sponsors Supervisors Katz, Ammiano, Bierman. File 13-96-39.1, Resolution No. 4-97 (December 16, 1996 - Introduced in Board for consideration on December 23, 1996.) Adopted. [Owner Move-in Eviction Review] Resolution requesting the Rent board to carefully review all owner move-in evictions since June 1, 1996 and to strictly enforce laws relating to owner move-in evictions. Sponsors Supervisors Katz, Leal, Bierman. File 109-96-2.1, Resolution No. 19-97 (December 16, 1996 - Introduced in Board for consideration on December 23, 1996.) Adopted. [Proposition 208 Amicus Brief] Resolution requesting the City Attorney file an amicus brief in support of Proposition 208 (campaign contributions and spending limits) and cooperate fully with legal efforts to defend the proposition. Sponsor Supervisor Ammiano. File 196-96-2, Resolution No. 27-97 (December 16, 1996 - Introduced in Board for consideration on December 23, 1996.) Adopted. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown. File 30-96-1.25 (December 16, 1996 - Introduced in Board for consideration on December 23, 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, Teng, Yaki - 10. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolution(s) being considered at this time are purely commendatory. Supervisor Leal, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [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 Leal, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Imperative Resolution] Adopted [Commendation, Herbert H. Gee] Resolution commending Herbert H. Gee for his service to the Chinese and San Francisco communities and congratulating and thanking him for his two consecutive years of distinguished service as the Chief Executive of the San Francisco Lodge of the Chinese American Citizens Alliance. File 006-96-187, Resolution No. 3-97 Supervisors Kaufman, Leal, Bierman, Katz, Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Zoning-Motor Vehicle Fuel & Alcoholic Beverages] Ordinance amending Planning Code by adding Section 229, amending Sections 703.2, 803.2, 803.3 and 803.4 to prohibit establishments that sell motor vehicle fuel concurrent with distilled alcoholic beverages and to require conditional use authorization for establishments that sell motor vehicle fuel concurrent with beer or wine, and making determination of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 115-96-015. Referred to Board [Commending The Honorable Angela Alioto] Resolution commending the Honorable Angela Alioto for her distinguished service on the Board of Supervisors. Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 006-96-188. [Commending The Honorable Tom Hsieh] Resolution commending the Honorable Tom Hsieh for his distinguished service on the Board of Supervisors. Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 006-96-189. [Airport - International Services Division] Resolution authorizing the Airport's International Services Division to exercise the powers necessary to allow the Division to promote and market the services of Airport staff to the public and private sectors. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered at the January 15, 1997 meeting. File 027-96-017. [Agreement, Sheriff - Interactive Systems] Resolution authorizing the San Francisco Sheriff's Department to enter into an agreement with Interactive Systems, LLC for VINE, an automated victim notification service, which agreement provides for mutual indemnification from claims or other damages which arises as a result of performance under said agreement. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 172-96-048.01. [Water Dept.-Bernal Property, Tolling Agreement] Resolution authorizing City Attorney to modify an agreement with Alameda County and the City of Pleasanton that extends the statute of limitations for lawsuit, if any, related to land use entitlements for the San Francisco Water Department's Bernal property. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 172-96-049. [Symphony] Resolution requesting the San Francisco Symphony management remit to professional choristers the wages due them for any concerts and rehearsals canceled by the strike, furthermore, encouraging the management not to take punitive measures against any Symphony employee who may exercise their right to speak out for the musicians in order to show support for the San Francisco Symphony. Supervisors Ammiano, Alioto, Bierman, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 176-96-009.01. Requests for Hearings: [Public Library Budget] Hearing to consider the San Francisco Public Library's projected budget shortfall for the fiscal year 1996-97. Supervisors Hsieh, Kaufman, Bierman presented. Referred to Budget Committee with request it be considered at the March 19, 1997 meeting. File 147-96-008. [Labor Issues at H & N Fish Co., Pier 45] Hearing to consider labor issues at H & N Fish Co., Pier 45. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee. File 176-96-010. 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, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar January 6, 1997. File 030-96-001.26. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-105. [Larry Ackerman, et al. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Larry Ackerman, et al. against the City and County of San Francisco, et al. by payment of $147,956.00. (USDC, Northern District of California No. C95-3883 DLJ) (City Attorney) Referred to Government Efficiency/Labor Committee. File 093-96-034. [Grievance Settlement, Local 535] Ordinance authorizing settlement of the grievance filed by SEIU, Local 535 pursuant to the Memorandum of Understanding on behalf of Preston Gilmore against the Department of Human Services in the total amount of Sixty-Eight Thousand Two Hundred Twenty Eight Dollars and Forty Nine Cents ($68,228.49). (City Attorney) Referred to Government Efficiency/Labor Committee. File 097-96-066. [Conflict of Interest Code] Ordinance amending Chapter 58 of the San Francisco Administrative Code by amending Sections 58.6, 58.7, 58.110, 58.115, 58.130, 58.135, 58.145, 58.150, 58.155, 58.165, 58.180, 58.195, 58.198, 58.201, 58.202, 58.210, 58.220, 58.245, 58.275, 58.280, 58.285, 58.290, 58.310, 58.320, 58.323, 58.325 58.350, 58.357, 58.370, 58.382, 58.383, and 58.390; adding Sections 58.150, 58.198, and 58.201; and deleting section 58.355; to add, delete, and change the titles of designated officials and employees, to reflect organizational and staffing changes made by the City since the Conflict of Interest Code was last reviewed; to refine the disclosure requirements applicable to some designated officials and employees; and to incorporate the new departments and new department names created by the 1996 Charter. (City Attorney) Referred to Rules Committee. File 101-96-030. [Appropriation, Board of Supervisors] Ordinance appropriating $10,000, Board of Supervisors, from the General Fund Reserve to memberships to join the Urban Counties Caucus, for fiscal year 1996-97. RO #96168. (Controller) Referred to Budget Committee. File 101-96-031. [Appropriation, Dept of Administrative Services/City Attorney/Controller] Ordinance appropriating $300,000 of Bond Proceeds ($51,415 of 1992 Fire Facility Improvement Bonds-Series 1996C, $103,219 of 1994 School Bonds-Series 1996D; $106,229 of Asian Art Museum Relocation Bonds, Series 1996E and $39,137 of 1989 Earthquake Safety Bonds, Series 1996B) for other current expenses to provide the Department of Administrative Services, City Attorney and Controller with costs of issuance for fiscal year 1996-97. RO #96170. (Controller) Referred to Budget Committee. Resolutions Referred to Committee File 027-96-016. [Airport-United Airlines, Inc. Lease] Resolution approving lease between United Airlines, Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Referred to Government Efficiency/Labor Committee. File 048-96-069. [Settlement of Claim, Alexander Laskoff] Resolution approving the settlement of the unlitigated claim of Alexander Laskoff by payment of $24,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 092-96-068. [Appointment, Health Authority Governing Body] Resolution appointing governing body members to the San Francisco Health Authority. (S.F. Health Authority) Referred to Rules Committee. File 146-96-029. [Hazardous Materials Emergency Response Equipment] Resolution authorizing the Department of Public Health, Bureau of Environmental Health Management to retroactively apply for, accept and expend a grant of $8,500, which includes indirect costs in the amount of $986, based on 11.6 percent of direct costs, from the California Environmental Protection Agency, Department of Toxics Substances Control, for hazardous materials emergency response equipment. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-046. [Tolling Agreement] Resolution approving an agreement (555 California Street Partners and the City and County of San Francisco) to suspend the statute of limitations governing time to bring case to trial. (City Attorney) Referred to Government Efficiency/Labor Committee. File 172-96-048. [Agreement, Sheriff - Interactive Systems] Resolution authorizing the San Francisco Sheriff's Department to enter into an agreement with Interactive Systems, LLC for VINE, an automated victim notification service, which agreement provides for mutual indemnification from claims or other damages which arises as a result of performance under said agreement. (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 Ammiano, that letter of inquiry be sent to the Director of the Office of Citizen Complaints (OCC) regarding the submittal of the required annual Prop G Report. By Supervisor Ammiano, that City Attorney draft legislation requiring all appointees to any City Board or Commission to have voted in the last election. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Landis Whisler (By the entire Board) Sam Fractenberg Sponsor Supervisor Leal. Dolores Eleanor Harames Sponsor Supervisor Leal. Ning Chong Sponsors Supervisors Teng, Katz. File 2-96-47 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 2:30 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors