Board of Supervisors Minutes: January 6, 1997

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, January 6, 1997 - 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 2:02 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Hsieh, Katz - 2. Quorum present. Supervisor Hsieh was noted present at 2:07 p.m. Supervisor Katz excused. (See Infra.) Supervisor Katz Excused The Clerk stated Supervisor Katz requested to be excused from attending today's meeting . Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Katz. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Absent: Supervisors Hsieh, Katz - 2. CONSENT CALENDAR Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 15-97 (Superior Court No. 968-315.) Finally passed. [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. 16-97 (Superior Court No. 978-208.) Finally passed. [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. 17-97 (Municipal Court No. 114-402.) Finally passed. [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. 18-97 (Superior Court No. 973-066.) Finally passed. [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. 19-97 (Superior Court No. 973-227.) Finally passed. [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. 12-97 (Alameda County Superior Court, Northern Division; Docket No. 727093-8.) Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [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. (Department of Public Works) File 9-96-3, Ordinance No. 13-97 Finally passed. [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. 14-97 (Adds Section 1533.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Teng, Yaki - 8. Absent: Supervisors Hsieh, Katz - 2. Regular Calendar NEW BUSINESS Recommendations of Health, Public Safety and Environment Committee Passed for Second Reading [Cigarette Vending Machine Ban] Ordinance amending Health Code, to ban cigarette vending machines in the City and County, even those located in places where minors are not permitted by law. Sponsors Supervisors Alioto, Yaki, Leal, Ammiano, Bierman, Katz, Teng, Brown. File 118-96-2, Ordinance No. (Amends Article 19D, Sections 1009, 1009.1 and 1009.2.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. In connection with the above item, Supervisors Teng and Brown requested to be added as co-sponsors. Passed for Second Reading as Amended [Permit Regulations for Tow Car Companies] Ordinance amending Police Code, providing regulations for the operation of tow car companies. (Police Department) File 121-96-12, Ordinance No. (Adds Article 30.1, Sections 3050 through 3065.) (December 16, 1996 - Rereferred to Committee.) (December 19, 1996 - Amended in Committee.) Supervisor Alioto, seconded by Supervisor Teng, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. Recommendations of Rules Committee Passed for Second Reading (Supervisor Ammiano dissenting in Committee.) [Joint Powers Board] Ordinance approving amended and restated Joint Powers Agreement changing the manner of Santa Clara County representation on the Joint Powers Board, incorporating prior amendments approved by member agencies, and waiving the requirements of tropical hardwood clause (Section 12I.5(b) of the Administrative Code.) Sponsor Supervisor Hsieh. File 172-96-45, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. Adopted [Appointment] Resolution appointing member to the Sunshine Ordinance Task Force, for new two-year term ending April 27, 1998. (Rules Committee) File 92-96-21, Resolution No. 32-97 (Zoran Basich, vice Bruce Bellingham, Seat No. 27103, resigned, must be member of press or electronic media with interest in citizen access and participation in local government.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing member to the Sunshine Ordinance Task Force, for the unexpired portion of a two-year term ending April 27, 1998. (Rules Committee) File 92-96-67, Resolution No. 42-97 (Nancy Sutley, vice Landis Whistler, Seat No. 27107, resigned, must be member of the public with interest/experience in local government.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. [Appointments] Resolution appointing members to the Hazardous Materials Advisory Committee. (Rules Committee) File 92-96-53.1, Resolution No. 33-97 (Matthew Lintner, vice E. Seth Ligon, III, Seat No. 22610, Mayor's nominee, term expired, for a new four-year term ending July 1, 1999; (Kathryn Hyde, vice Jeffrey Bornstein, Seat No. 22609, Mayor's nominee, term expired, for a new four-year term ending July 1, 1998.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing member to the Ballot Simplification Committee, for new two-year term ending November 30, 1998. (Rules Committee) File 92-96-62.2, Resolution No. 34-97 (Mary Hilton, vice Mary Jane Brinton, Seat No. 21203, represents League of Women Voters, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. (Supervisor Leal excused from voting in Committee.) [Appointment] Resolution appointing Supervisor Susan Leal as a member of the Association of Bay Area Governments Executive Board, for unexpired portion of term ending June 30, 1997. (Rules Committee) File 92-96-63.1, Resolution No. 35-97 (Supervisor Leal, vice Supervisor Bierman, Seat No. 10302, regular position, resigned.) Supervisor Leal Excused from Voting The Clerk announced that Supervisor Leal requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Leal from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Teng, Yaki - 8. Excused: Supervisor Leal - 1. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing Supervisor Mabel Teng as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64, Resolution No. 30-97 (Supervisor Teng, vice Angela Alioto, Seat No. 50305.) Supervisor Teng Excused from Voting The Clerk announced that Supervisor Teng requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Teng from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Yaki - 8. Excused: Supervisor Teng - 1. Absent: Supervisor Katz - 1. (Supervisor Ammiano excused from voting in Committee.) [Appointment] Resolution affirming retention of Supervisor Tom Ammiano as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64.1, Resolution No. 36-97 (Supervisor Ammiano, Seat No. 50306.) Supervisor Ammiano Excused from Voting The Clerk announced that Supervisor Ammiano requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Ammiano from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 8. Excused: Supervisor Ammiano - 1. Absent: Supervisor Katz - 1. (Supervisor Leal excused from voting in Committee.) [Appointment] Resolution affirming retention of Supervisor Susan Leal as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64.2, Resolution No. 37-97 (Supervisor Leal, Seat No. 50307.) Supervisor Leal Excused from Voting The Clerk announced that Supervisor Leal requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Leal from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Teng, Yaki - 8. Excused: Supervisor Leal - 1. Absent: Supervisor Katz - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Leal assumed the Chair. (Supervisor Kaufman excused from voting in Committee.) [Appointment] Resolution affirming retention of Supervisor Barbara Kaufman as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64.3, Resolution No. 38-97 (Supervisor Kaufman, Seat No. 50308.) Supervisor Kaufman Excused from Voting The Clerk announced that Supervisor Kaufman requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Kaufman from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh Leal, Teng, Yaki - 8. Excused: Supervisor Kaufman - 1. Absent: Supervisor Katz - 1. The President resumed the Chair. [Appointments] Resolution affirming retention of members appointed by the Board of Supervisors as members of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64.4, Resolution No. 39-97 (Stephan C. Leonoudakis, Seat No. 50301; Robert McDonnell, Seat No. 50303; Robert A. Ross, Seat No. 50304.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing member to the Board of Directors, Golden Gate Bridge, Highway and Transportation District. (Rules Committee) File 92-96-64.5, Resolution No. 31-97 (John Moylan, vice James Bronkema, Seat No. 50302.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing Supervisor Sue Bierman, as member to the Peninsula Corridor Study Joint Powers Board, for unexpired portion of two-year term ending June 30, 1998. (Rules Committee) File 92-96-65, Resolution No. 40-97 (Supervisor Bierman, vice Supervisor Hsieh, Seat No. 12301, resigned.) Supervisor Bierman Excused from Voting The Clerk announced that Supervisor Bierman requested to be excused from voting because of a possible conflict of interest. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Bierman from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. The roll was then called on the pending resolution and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 8. Excused: Supervisor Bierman - 1. Absent: Supervisor Katz - 1. [Appointment] Resolution appointing member to the Park and Open Space Advisory Committee, for the unexpired portion of a two-year term ending July 15, 1997. (Rules Committee) File 92-96-66, Resolution No. 41-97 (Bette Wallace Landis, vice Christine Schneider, Seat No. 23318, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Katz - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Ammiano assumed the Chair. After a brief period Supervisor Kaufman resumed the Chair. Committee Assignment Changes For the purposes of the January 7, 1997 regular meeting, President Kaufman appointed Supervisor Yaki to replace Supervisor Katz on the Economic Vitality and Social Policy Committee and made the following appointments to the Budget Committee. Budget Committee: Supervisors Leal, Kaufman, Brown; Economic Vitality and Social Policy Committee: Supervisors Teng, Yaki, Brown. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Speaking in favor of resolutions commending Supervisors Alioto and Hsieh: Lawanna Preston, David Spero, Ernestine Weiss, Laurence Wong, Alex Wong, Leboriae P. Smoore, Irene Jimenez, Karen Licavoli, Kurt Kleinschmidt, Jerry Windley, Ms. Hansen, Mike Mathewson, Easter Garcia, Patricia Katty, Lauri Chee, Philip Choy, Philip Carleton, William Tse, female speaker, female speaker, Albert Chang, male speaker, Reg Smith, Robert McCarthy. 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. Adopted [Commending The Honorable Angela Alioto] Resolution commending the Honorable Angela Alioto for her distinguished service on the Board of Supervisors. Sponsors Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki. File 6-96-188, Resolution No. 1-97 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) Adopted. [Commending The Honorable Tom Hsieh] Resolution commending the Honorable Tom Hsieh for his distinguished service on the Board of Supervisors. Sponsors Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki. File 6-96-189, Resolution No. 2-97 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) Adopted. [Agreement, Sheriff - Interactive Systems] Resolution authorizing the 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. Sponsor Supervisor Kaufman. File 172-96-48.1, Resolution No. 45-97 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) Adopted. [Water Department-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. Sponsor Supervisor Kaufman. File 172-96-49, Resolution No. 43-97 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) Adopted. [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 the right to speak out for the musicians in order to show support for the San Francisco Symphony. Sponsors Supervisors Ammiano, Alioto, Bierman, Brown. File 176-96-9.1, Resolution No. 44-97 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) 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 30-96-1.26 (December 23, 1996 - Introduced in Board for consideration on January 6, 1997.) Adopted. [Final Map, 301 Langton Street] Motion approving final map of 301 Langton Street, a Live/Work Condominium Project, being a subdivision of Lot 86 in Assessor's Block 3780, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-43 (December 27, 1996 - Referred to Board for consideration on January 6, 1997.) 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, Kaufman, Teng, Yaki - 8. Absent: Supervisors Katz, Leal - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Grievance Settlement, Local 21] Substitute ordinance implementing settlement of a grievance filed pursuant to the Memorandum of Understanding between the City and County and the International Federation of Professional and Technical Engineers, AFL-CIO, Local 21 providing for a step increase for provisional employees to be effective for the period July 1, 1995 through June 30, 1998. Supervisor Ammiano presented. Referred to Budget Committee. File 093-96-033. Referred to Board [Comprehensive Municipalization Feasibility Study] Ordinance amending Administrative Code Section 11.8 to require the Public Utilities Commission to prepare a feasibility study regarding municipalization of the electric utilities distribution systems in San Francisco. Called from Budget Committee by Supervisors Alioto, Bierman with direction to schedule for Board consideration January 13, 1997. File 097-96-061. Referred to Committee [Transit Shelter Advertising] Substitute ordinance amending Planning Code Section 603 to permit transit shelter advertising on median public transit boarding platforms on the Embarcadero and adopting findings pursuant to Planning Code Section 101.1 (as recommended by Planning Commission). Supervisor Yaki presented. Referred to Housing and Land Use Committee. File 115-96-008. [Special Election, June 3, 1997] Ordinance calling and providing for a special election to be held in the City and County on Tuesday, June 3, 1997,provided that one or more measures is timely submitted to the voters of the City and County to be voted on at that election. Clerk of the Board. Referred to Budget Committee. File 060-97-001. [General Assistance, Loan Exemption] Ordinance amending Administrative Code Section 20.56.11, the General Assistance Ordinance, to exempt loans from consideration as income. Supervisor Alioto presented. Referred to Budget Committee. File 097-97-002. [General Assistance, Grant Level Increase] Ordinance amending Administrative Code Section 20.57, the General Assistance Ordinance, to increase the maximum grant for two person families (from $567 to $690). Supervisor Alioto presented. Referred to Budget Committee. File 097-97-003. Referred to Board [Proclaim School Board Recognition Month] Resolution proclaiming January 1997 as School Board Recognition Month. Supervisors Ammiano, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 13, 1997. File 004-97-001. [Commend Chinese American Association of Commerce] Resolution commending the Chinese American Association of Commerce and declaring January 11, 1997 as "Chinese American Association of Commerce Day". Supervisors Teng, Hsieh, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 13, 1997. File 006-97-001. [Commend Kiangsu Chekiang Association] Resolution commending Kiangsu Chekiang Association and declaring January 31, 1997 as "Kiangsu Chekiang Association Day". Supervisors Teng, Hsieh, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 13, 1997. File 006-97-002. [Commend Wu Yee Children's Services] Resolution commending Wu Yee Children's Services on its 20th anniversary and declaring January 31, 1997 as "Wu Yee Children's Services Day". Supervisors Teng, Hsieh, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar January 13, 1997. File 006-97-003. Referred to Committee [Final Tentative MOUs and Arbitration Awards] Resolution requiring submission of final tentative memoranda of understanding and final arbitration awards issued pursuant to Charter Sections 8.409 et seq. to the Clerk of the Board on specific dates and providing that full documentation supporting the item be placed in the Board file at the same time. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at a special meeting January 13, 1997. File 093-97-001. Requests for Hearings: [Sanctuary Law] Hearing to consider the possible misuse of the felony amendments of the sanctuary law. Supervisor Ammiano presented. Referred to Health/Public Safety/Environment Committee. File 097-97-004. [Potrero Hill, Public Safety] Hearing to consider the violence in Potrero Hill and the correlation (if any) to the bars and nightclubs in this neighborhood. Supervisors Ammiano, Bierman, Brown presented. Referred to Health/Public Safety/Environment Committee. File 216-97-001. [Esprit Park] Hearing to consider preservation of Esprit Park located at 19th and Minnesota Streets. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 218-97-001. Motions: Referred to Committee [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors in order to restructure the standing committees of the Board, changing the number of committees from nine to five and specifying duties, by repealing Rules 5.1 - 5.6, by adding Rules 5.1 through 5.6, and by terminating operations of select committees. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at a special meeting January 13, 1997. File 056-97-001. [Rules or Order] Motion amending the Rules of Order of the Board of Supervisors by adding Rule 5.40 in order to require thirty days' notice of hearings to consider major changes in city policy. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at a special meeting January 13, 1997. File 056-97-002. [Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by amending Rule 2.29 in order more effectively to process appointments to commissions by the Mayor. Supervisor Kaufman presented. Referred to Rules Committee with request it be considered at a special meeting January 13, 1997. File 056-97-003. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 034-96-014. [Changing Width of Sidewalk, Corbett Avenue] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1534 changing the official width on a portion of the southwesterly side of Corbett Avenue southeasterly of Iron Alley, as shown on Department of Public Works drawing labeled Q-20-461 and making findings pursuant to Planning Code Section 101.1; companion measure to File 35-96-1. Referred to Housing and Land Use Committee. File 034-96-015. [Changing Width of Sidewalk, Division Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the width of sidewalks" by adding thereto Section No. 1535 changing the official sidewalk width on the south side of Division Street between Florida Street and Bryant Street, as shown on the Department of Public Works drawing labeled Q-20-474 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 093-96-035. [MOU, Airport Police, Bargaining Unit 14B] Ordinance implementing the provisions of the Memorandum of Understanding between the San Francisco Airport Police Officers Association and the City and County of San Francisco for Bargaining Unit 14B, to be effective July 1, 1995 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 093-96-036. [MOU, Airport Police, Bargaining Unit 15B] Ordinance implementing the provisions of the Memorandum of Understanding between the San Francisco Airport Police Officers Association and the City and County of San Francisco for Bargaining Unit 15B, to be effective July 1, 1995 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 097-96-066. [Conflict of Interest Code] Substitute 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 124-96-009. [Turn Restrictions, Bicycles and Motorcycles] Ordinance amending Traffic Code Section 34 by adding Section 34.2 et seq. regarding the exemption of bicycles and motorcycles from turn restrictions. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. Resolutions Referred to Committee File 028-96-012. [Emergency Repair, Pier 70 Drydock Oil Spill] Resolution approving a declaration of emergency for contractual assistance in assessing damages from the Cape Mohicon oil spill incident at Pier 70 - $35,000. (Port Commission) Referred to Budget Committee. File 028-96-013. [Emergency Repair, Pier 48 Sheds A and B] Resolution approving a declaration of emergency to demolish the fire damaged Pier 48 at the Port of San Francisco; and to conduct damage assessment and design repair work - $750,000 insurance proceeds. (Port Commission) Referred to Budget Committee. File 028-96-014. [Emergency Repair, Pier 43-1/2] Resolution approving a declaration of emergency for engineering services to repair a failed section of Pier 43-1/2, Franciscan Restaurant Parking Deck, Port of San Francisco - $12,955. (Port Commission) Referred to Budget Committee. File 040-96-031. [Residential Parking Area "S", Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 048-96-070. [Settlement of Claim, Khalil Benkirane] Resolution approving the settlement of the unlitigated claim of Khalil Benkirane by payment of $13,000.00 (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-071. [Settlement of Claim, Jeanne Davis] Resolution approving the settlement of the unlitigated claim of Jeanne Davis by payment of $19,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-014. [Pacific Bell Mobile Services Transmitter Lease] Resolution authorizing and approving a lease of wireless transmitter and antennae space within and on Fire Department Station 15 to Pacific Bell Mobile Services. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 146-96-021.01. [State Grant, Childhood Lead Prevention] Resolution authorizing the Department of Public Health Childhood Lead Prevention Program, to retroactively accept and expend the Medi-Cal allocation of $275,399 which includes indirect costs in the amount of $33,610, based on twenty percent of salaries from the Department of Health Services for childhood lead poisoning case management of Medi-cal enrolled or eligible children. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-030. [State Grant, Senior Pedestrian Safety Project] Resolution authorizing the Department of Public Health, Bureau of Health Promotion and Education, to apply for a grant of $600,000, from the California Office of Traffic Safety, for the Senior Pedestrian Safety Project; waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee with request it be considered at the January 14, 1997 meeting. File 146-96-031. [Private Grant, Outreach and Follow-Up Services] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply retroactively for a grant of $135,000, which includes indirect costs in the amount of $8,497, based on twenty percent of salaries, from the Wellness Foundation, for outreach and follow-up services to adolescents to prevent unwanted pregnancies; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-032. [Private Grant, Community Action Plan] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for a grant of $175,000 from the Wellness Foundation, to develop a community action plan to reduce teen pregnancies. (Department of Public Health) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Leal, that letters be sent to Executive Director, Public Utilities Commission and Director of Public Health requesting status report in writing and make appropriate public announcements regarding the safety of San Francisco's potable water supply following the excessive rains and flooding the past few weeks in Northern California. The report and announcement should include a statement as to whether there is any danger to anyone with compromised immune systems as a result of cryptosporidium or other water contaminants, and if so, what precautions should be taken and for how long. By Supervisor Yaki, that City Attorney explore and draft appropriate legislation concerning business permits for establishments such as clubs, to provide for automatic forfeiture of licenses in the event of a pattern of certain undesirable activities (felonies or other disorderly acts associated with a particular club) with a right of appeal to the Board of Permit Appeals by the forfeitee. By Supervisor Yaki, that City Attorney prepare appropriate legislation to require as a condition for approval of any settlement of any personal injury claim resulting from driving incidents by City employees, of any and all disciplinary action taken against the driver. By Supervisor Ammiano, that the City Attorney, District Attorney and the Department of Public Health draft legislation creating a permit system to implement Proposition 215, Compassionate Use Act of 1996 (use of marijuana for medical purposes). Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Jim Augustino (By the entire Board) Peter Yan Sponsor Supervisor Hsieh. Michael Neubecker Sponsor Supervisor Bierman. Sue Bailey Thurman Sponsor Supervisor Bierman. Robert J. Ayala Sponsor Supervisor Bierman. Mrs.Salinas Sponsor Supervisor Alioto. Donald Ramacciotti Sponsor Supervisor Leal. Roosevelt Carrie Sponsors Supervisors Brown, Bierman. File 2-96-1 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:34 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. JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Wednesday, January 8, 1997 - 12:00 noon The Board of Supervisors of the City and County of San Francisco met in special inaugural session on the above date with President Barbara Kaufman presiding. CALLING THE ROLL The meeting was called to order at 12:10 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Medina, Teng, Yaki, Yee - 10. Quorum present. COMMUNICATIONS The Clerk indicated he has received communication from the Director of Elections certifying the names of those candidates for the office of Supervisor who received a plurality of votes cast at the election held on November 5, 1996 and who are therefore declared elected to said office, namely: Sue Bierman Jose Medina Leslie Katz Michael Yaki Barbara Kaufman Leland Yee and certifying the name of the candidate, Barbara Kaufman, who received the highest number of votes at the November election, who thus becomes President of the Board of Supervisors as provided in Charter Section 2.116. The Clerk then stated he received communication from the Controller, giving notice that official bonds for all eleven members of the Board of Supervisors have been duly filed. Administration of Oath President Kaufman introduced the Honorable Stanley Mosk, Justice, California Supreme Court, then requested the members named above to stand, whereupon the oath of office was administered by Judge Mosk. Presentation of the Mayor President Kaufman introduced the Honorable Mayor, Willie L. Brown, Jr. The Mayor congratulated the newly and re-elected members of the Board of Supervisors and hoped they will take their obligations and responsibilities with the highest of ethical standards and give every citizen equal access before they cast their vote. Remarks of President Kaufman Supervisor Kaufman spoke on the direction she hopes the Board of Supervisors would follow and of the pending changes to the Board of Supervisors Rules of Order concerning committee structure and imposing a 30 day notice rule on major policy issues. Introduction of Supervisors and Members of their Families Each member of the Board was called upon for brief remarks and introduction of their respective families and friends. The following distinguished guests were recognized: Assemblywoman Carole Migden, Supervisor Tom Hsieh, Assemblyman Kevin Shelley, City Attorney Louise Renne, Assessor Doris Ward, District Attorney Terence Hallinan, Sheriff Mike Hennessey and Treasurer Mary Callanan. ADJOURNMENT There being no further business, the Board at the hour of 1:19 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 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