JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Monday, August 12, 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 2:09 p.m. On call of the roll, the following Supervisors were
noted present:
Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Noted absent at first roll call:
Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Quorum present.
Supervisors Alioto, Ammiano, Brown, Hsieh, Yaki excused. (See infra.)
Supervisors Alioto, Ammiano, Brown, Hsieh, Leal Excused
The Clerk stated Supervisors Alioto, Ammiano, Brown, Hsieh and Leal requested to be excused from
attending today's meeting.
Supervisor Kaufman, seconded by Supervisor Teng, moved to excuse Supervisors Alioto, Ammiano, Brown,
Hsieh, and Leal from attendance.
Motion adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
APPROVAL OF JOURNALS
There being no errors, corrections or omissions, Supervisor Kaufman, seconded by Supervisor Teng,
moved that the Journals of Proceedings for Monday, July 8, and July 15, 1996, be approved.
Motion carried by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
CONSENT CALENDAR
Recommendation of Budget Committee
Passed for Second Reading
[Appropriation, Hetch Hetchy]
Ordinance appropriating and certifying $100,931, Hetch Hetchy, of Hetch Hetchy Operating Funds, for a
capital improvement project (Moccasin Penstock Repair) to cover 10% overage per Charter Section 18.103
(Ordinance 7.203) for fiscal year 1996-97; providing for ratification of action previously taken.
(Controller)
File 101-96-3, Ordinance No.
Passed for second reading.
Recommendations of Housing and Land Use Committee
Adopted
[Stop Intersection, Various Locations]
Resolution designating certain intersections as Stop intersections.
(Housing and Land Use Committee)
File 18-96-11, Resolution No. 721-96
(Stop Signs - Establish
Colin P. Kelly, Jr. and Townsend Streets, northwest corner, stopping
Colin P. Kelly, Jr. Street traffic (stops the stem of this
T-intersection).
Leavenworth and Vallejo Streets, northwest and southeast corners,
stopping Leavenworth Street traffic (makes this an all-way stop).
Twenty-Third and Utah Streets, northeast and southwest corners,
stopping Twenty-Third Street traffic (makes this T-intersection an
all-way stop).
Stop Signs - Rescind
South Van Ness Avenue and Howard Street, northwest corner, stopping
southbound South Van Ness Avenue traffic.
South Van Ness Avenue and Howard Street, stopping northbound left
turns on South Van Ness Avenue.)
Adopted.
[Traffic Regulations, Various Locations]
Resolution enacting and rescinding traffic regulations at various
locations. (Housing and Land Use Committee)
File 20-96-10, Resolution No. 722-96
(Right Turn Only - Establish
Howard Street, westbound, at South Van Ness Avenue.
No Left Turn, 4 P.M. - 6 P.M., Monday Through Saturday - Rescind
No Left Turn, 3 P.M. - 7 P.M., Monday Through Friday, Except
Emergency Vehicles - Establish
Sixth Street, northbound, at Ahern Way.)
Adopted.
[Residential Parking Area "S", Duboce Triangle]
Resolution extending the boundaries of Residential Permit Parking Area
"S" in the Duboce Triangle Area and adding Sanchez Street, between
Eighteenth and Hancock Streets, both sides, to the list of streets
upon which time limitations shall apply. (Department of Parking and
Traffic)
File 40-96-17, Resolution No. 725-96
Adopted.
[Residential Parking Area "U", South of Market]
Resolution amending the boundaries of Residential Permit Parking Area
"U" in the South of Market Area to include Block 3763, Lot 8 (414
Bryant Street). (Department of Parking and Traffic)
File 40-96-18, Resolution No. 726-96
Adopted.
[Residential Parking Area "J", Sunset/Parnassus]
Resolution extending the boundaries of Residential Permit Parking Area
"J" in the Sunset/Parnassus Heights Area and adding Belvedere Street,
between Grattan and Alma Streets, both sides, to the list of streets
upon which time limitations shall apply. (Department of Parking and
Traffic)
File 40-96-19, Resolution No. 727-96
Adopted.
The foregoing items on the Consent Calendar were acted upon by the
following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendation of Government Efficiency and Labor Committee
Consideration Continued
[Retirement]
Ordinance authorizing amendment to the contract between the City and
County and the Board of Administration of the California Public
Employees' Retirement System, to transfer prior service for safety
members in the Adult and Juvenile Probation Departments who elected
prospective membership on September 1, 1990. Sponsors Supervisors Yaki,
Bierman.
File 154-96-1.1, Ordinance No.
(August 5, 1996 - Consideration continued to August 12, 1996.)
Supervisor Yaki, seconded by Supervisor Kaufman, moved to continue
consideration to September 3, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
NEW BUSINESS
Recommendations of Budget Committee
[Appropriation, Department of Public Works]
Ordinance appropriating $12,040,000, Department of Public Works, of
Clean Water Enterprise Revenue Bond and Operating Fund Revenue, to
provide funding for Seacliff emergency work and the Twenty-fourth
Avenue sewer and slope reconstruction project for fiscal year 1996-97;
providing for ratification of action previously taken.
(Controller)
File 101-96-4, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Appropriation, Municipal Railway]
Ordinance rescinding $2,160,000, Municipal Railway, from a Transit
Impact Development Fee project for land acquisition at Woods
Maintenance Division and re-appropriating the funds to complete an
exchange of Federal Section Nine (9) Capital Assistance Funds with the
San Diego Metropolitan Transit Development Board which will allow the
Municipal Railway to purchase equipment in fiscal year 1996-97.
(Controller)
File 101-96-5, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Appropriation, Department of Public Works]
Ordinance appropriating $1,000,000, Department of Public Works, of 1988
Sewer Revenue Bond Proceeds for the Pier 98 Wetlands Enhancement
Project for fiscal year 1996-97; placing $1,000,000 on reserve.
(Controller)
File 101-96-6, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Appropriation, Gay/Lesbian Cultural Center]
Ordinance rescinding $1,275,000, Mayor's Office of Community
Development, from Convention Facilities Fund Capital Project and
re-appropriating the funds to the Mayor's Office of Community
Development for predevelopment, design and property purchase costs of
the Gay/Lesbian Community Center for fiscal year 1996-97; placing
$1,200,000 on reserve. (Mayor Willie L. Brown, Jr.; Supervisors Katz,
Leal, Ammiano, Kaufman, Yaki, Hsieh, Shelley, Bierman, Alioto, Teng,
Brown)
File 101-96-7, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Adopted
[Finding, Airport - Rates and Charges]
Resolution making a finding that the schedule of rates and charges for
common use facilities established by the Airports Commission effective
July 1, 1996, will be sufficient to pay for maintenance and operation
expenses of the San Francisco International Airport and will not
require any tax subsidy. (Airports Commission)
File 27-96-12, Resolution No. 723-96
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Airport - Rates and Charges]
Resolution approving changes to the schedule of rates and charges for
common use facilities at the San Francisco International Airport as
established by the Airports Commission; companion measure to File
27-96-12. (Airports Commission)
File 27-96-12.1, Resolution No. 724-96
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Recommendation of Economic Vitality and Social Policy Committee
Passed for Second Reading
[Gender Parity]
Ordinance amending Administrative Code, requiring the Mayor's Office of
Children, Youth and Families to annually report funds allocated by all
departments and agencies of the City and County and the amount of the
actual services rendered by them to young males under 18 years of age
and young females under 18 years of age and to identify disparities in
either the funding allocations and/or the amount of the actual
services rendered. Sponsors Supervisors Kaufman, Leal, Alioto, Teng, Shelley,
Katz, Bierman.
File 97-96-41, Ordinance No.
(Adds Section 3.17-3.)
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
In connection with the above item, Supervisors Shelley, Katz,
Bierman requested to be added as co-sponsors.
Recommendation of Health, Public Safety and Environment Committee
Adopted
[Organic Waste Diversion Pilot Program]
Resolution urging the Mayor to request the Solid Waste Management
Program to work in cooperation with Sanitary Fill Company and its
affiliated collection companies to undertake pilot programs to divert
food and other organic wastes from landfill disposal and authorizing
Sanitary Fill Company to divert organic waste from the Altamont
Landfill. (Solid Waste Management)
File 57-96-2, Resolution No. 728-96
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Recommendations of Housing and Land Use Committee
Passed for Second Reading
[Changing Width of Sidewalk, Steuart Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of
Sidewalks" by adding thereto Section No. 1526 changing the official
sidewalk width on the easterly side of Steuart Street between Mission
Street and Howard Street, as shown on the Department of Public Works
drawing labeled Q-20-437 and making findings
pursuant to Planning Code Section 101.1. (Department of Public Works)
File 34-96-6, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Zoning Map Amendment, 1306 Portola Drive]
Ordinance amending Planning Code by adopting changes in property use
classification as an amendment to the Zoning Map of the City and
County for property generally described as 1306 Portola Drive,
Assessor's Block 2987, Lot 4, to remove a 15-foot legislated setback
in an RH-1(D) (House, One-Family, Detached) District and adopting
findings pursuant to Planning Code Section 101.1. (City Planning
Department)
File 36-96-6, Ordinance No.
(June 6, 1996 - Approved by City Planning Commission Resolution No.
14129.)
(Exempt from environmental review as listed under Provision 5(a) of
the State Guidelines for the implementation of the California
Environmental Quality Act.)
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Adopted
[Barbary Coast Trail]
Resolution designating 3.8 miles of public rights of way between the
old Mint at Fifth and Mission Streets and Aquatic Park as eligible for
installation of commemorative plaques, pursuant to Public Works Code
Section 789.2(a), in order to identify points of interest along the
historic trail to be known as the Barbary Coast Trail. Sponsors Supervisors
Kaufman, Alioto, Bierman, Teng, Shelley.
File 200-96-7, Resolution No. 730-96
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
In connection with the above item, Supervisor Shelley requested to
be added as co-sponsor.
Consideration Continued
[Mission Bay North Survey Area]
Resolution designating and describing the Mission Bay North Survey Area
in accordance with the California Community Redevelopment Law.
(Redevelopment Agency)
File 255-96-1, Resolution No.
Supervisor Bierman, seconded by Supervisor Teng, moved to continue
consideration to August 19, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Adopted
[Encroachment Permit Appeal - 2941 Clay Street]
Motion upholding the decision by the Department of Public Works, which
denied the issuance of a Minor Sidewalk Encroachment Permit to allow
the construction of a warped driveway ramp and planter boxes on the
sidewalk fronting the property at 2941 Clay Street, which ramp and
boxes would encroach into the public right-of-way fronting the subject
property, and denying the issuance of the requested Minor Encroachment
Permit for the property at 2941 Clay Street. (Housing and Land Use
Committee)
File 24-96-4
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
SPECIAL ORDER 3:00 P.M.
Consideration Continued
[Public Hearing]
Hearing of persons interested in or objecting to report of delinquent
charges by the Director of the Department of Building Inspection for
services rendered by said Department pursuant to the provisions of
Sections 102.2, 102.16, 102.17, 102.18, et. seq., and Section 110
Tables I-G, and I-K, of the Building Code, the costs thereof having
accrued to abate properties with outstanding code enforcement
violations.
File 41-96-3
The privilege of the floor was granted to the following persons:
Male property owner;
Property owner, 149 London Street.
Supervisor Yaki, seconded by Supervisor Kaufman, moved to continue
consideration to September 3, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
From the Department of Building Inspection
Consideration Continued
[Special Assessment Liens, Building Inspection]
Resolution confirming report of delinquent charges for (Assessment of
Costs) Code enforcement cases, submitted by the Director of the
Department of Building Inspection for services rendered by said
Department pursuant to the provisions of Sections 102.2, 102.16,
102.17, 102.18, et. seq., and Section 110 Tables I-G, and I-K, of the
Building Code, the costs thereof having accrued to abate properties
with outstanding code enforcement violations. (Department of Building
Inspection)
File 41-96-3, Resolution No.
The Department submitted an amended report dated August 12, 1996.
Supervisor Yaki, seconded by Supervisor Kaufman, moved to continue
consideration to September 3, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
COMMITTEE REPORTS
Recommendations of Housing and Land Use Committee
Adopted
[Findings, 1000 Van Ness Avenue/901 Polk Street]
Resolution incorporating by reference findings made by the City
Planning Commission and adopting findings pursuant to the California
Environmental Quality Act relating to the construction of a mixed-used
development project at 1000 Van Ness Avenue/901 Polk Street, as
analyzed in the Final Environmental Impact Report, Case No. 94.618E.
(Planning Department)
File 81-96-2, Resolution No. 729-96
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
Passed for Second Reading
[Zoning Map Amendment, 901 Polk Street]
Ordinance adopting changes in property use classification as an
amendment to the Zoning Map of the City and County for property
located at 901 Polk Street at O'Farrell from a NC-3 District to RC-4
and Van Ness Special Use Districts; adopting findings pursuant to City
Planning Code Section 101.1. (Planning Department)
File 36-96-7, Ordinance No.
(Approved by City Planning Resolution No. 14125, adopted 6/6/96.)
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Van Ness Special Use District]
Ordinance amending Planning Code by amending Sections 243 and 607.3 to
allow for the replacement and/or restoration of signs on designated
landmarks within the Van Ness Special Use District; adopting findings
pursuant to City Planning Code Section 101.1; companion measure to
Files 81-96-2 and 81-96-2.1. (Planning Department)
File 81-96-2.1, Ordinance No.
(Approved by City Planning Resolution No. 14126, adopted 6/6/96.)
Passed for second reading by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
PUBLIC COMMENT
The privilege of the floor was granted to the following persons:
Ernestine Weiss, Ferry Park;
Martin Reed, Report of Commission on Status of African Americans;
Constance Kuruppu, eviction notice;
Kevin McAree, TCI/Viacom campaign contributions;
Laboriae P. Smoore, police brutality;
Hazel Rogers, Cannabis Club;
Denis Person, Cannabis Club;
Thomas Jones, Cannabis Club;
Two unidentified men, Cannabis Club;
Emperor Arcadia, Cannabis Club;
Female speaker, Cannabis Club;
Michael Bellefontaine, medicinal marijuana;
Daniel Ollis, medicinal marijuana;
Nicholas Stephenson, Cannabis Club;
James Low, Cannabis Club;
Female speaker, need for medical emergency;
Female speaker, police harassment;
Male speaker, medical emergency;
Tiesha Holden, Marina Middle School, lack of recognition of
distinguished women;
Paul Demetri;
Thomas Hollis, Cannabis Club.
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
[Commend West Portal Fine Arts and Music Festival]
Resolution commending the West Portal Avenue Association of San
Francisco and declaring September 21, 1996 as "West Portal Fine Arts
and Music Festival Day". Sponsors Supervisors Teng, Shelley, Kaufman,
Bierman, Alioto, Katz.
File 6-96-115, Resolution No. 716-96
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
In connection with the above item, Supervisor Katz requested to be
added as co-sponsor.
[Commend Chinese Community Cardiac Council]
Resolution commending the Chinese Community Cardiac Council on their
program to help restaurants offer heart healthy menu items.
Sponsors Supervisors Teng, Alioto, Shelley, Bierman, Katz.
File 6-96-116, Resolution No. 717-96
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
In connection with the above item, Supervisor Katz requested to be
added as co-sponsor.
[Commend Western Park Apartments]
Resolution commending the Western Park Apartments and declaring August
24, 1996 to be "Western Park Apartments Day" in San Francisco.
Sponsors Supervisors Hsieh, Alioto, Bierman, Shelley, Teng.
File 6-96-117, Resolution No. 718-96
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
In connection with the above item, Supervisor Teng requested to be
added as co-sponsor.
[Anti-Gay Violence in Zimbabwe]
Resolution urging Mayor Brown to contact human rights officials in the
United States Department of State to condemn anti-gay activities of
the Zimbabwean government and to strongly condemn the anti-gay
violence which occurred at the Harare International Book Fair and to
call on the President of Zimbabwe to disavow the homophobic policies
his government has pursued and take steps to protect the human and
civil rights of lesbian and gay Zimbabweans. Sponsors Supervisors Ammiano,
Bierman, Alioto, Katz.
File 13-96-33, Resolution No. 720-96
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
In connection with the above item, Supervisor Katz requested to be
added as co-sponsor.
[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 30-96-1.15
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
[Final Map, 795 Eighth Avenue]
Motion approving final map of 795 Eighth Avenue, a Mixed-Use
Condominium Project, being a merger and resubdivision of Lots 45 and
46 in Assessor's Block No. 1651, and adopting findings pursuant to
City Planning Code Section 101.1. (Department of Public Works)
File 58-96-23
(August 5, 1996 - Introduced in Board for consideration on August
12, 1996.)
Adopted.
[Ballot Arguments]
Motion authorizing a Board Committee or the sponsoring supervisors to
deliver to the Clerk of the Board of Supervisors for submittal to the
Director of Elections on behalf of the Board of Supervisors ballot
arguments and/or rebuttal ballot arguments concerning propositions to
be voted on in November, in the event the Board of Supervisors does
not meet on August 19 or August 26, 1996. (Clerk of the Board)
File 60-96-10
(August 6, 1996 - Referred for consideration on August 12, 1996.)
Adopted.
The foregoing items on the For Adoption Without Committee Reference
Calendar were adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
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 Bierman, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[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 Bierman, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
[Imperative Resolutions]
Adopted
[Commending Third Baptist Church]
Resolution commending the Third Baptist Church for contributing to and
providing spiritual leadership in the San Francisco community; and
proclaiming Sunday, August 18, 1996 Third Baptist Church Day in San
Francisco.
File 006-96-118, Resolution No. 719-96
Supervisor Yaki presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Bierman, Katz, Kaufman, Shelley, Teng, Yaki - 6.
Absent: Supervisors Alioto, Ammiano, Brown, Hsieh, Leal - 5.
OFF-CALENDAR LEGISLATION
ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE
Referred to Board
[Commend Sunset District Neighborhood Coalition]
Resolution commending the Sunset District Neighborhood Coalition and
declaring September 28, 1996 as "Sunset Community Festival Day" in San
Francisco. Supervisors Teng, Shelley, Kaufman presented. Referred to
Board for Adoption Without Committee Reference Calendar August 19,
1996.
File 006-96-119.
[State Legislation - SCR 62]
Resolution supporting Senate Concurrent Resolution 62 (Thompson) and
urging the Mayor to direct the City's lobbyist to urge the State
Legislature to support SCR 62 that requests the Attorney General to
bring a civil action against all major tobacco companies seeking
reparations for public monies expended in treating tobacco related
diseases. Supervisor Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar August 19, 1996.
File 012-96-042.
[Federal Legislation - HR 3937]
Resolution opposing House Resolution 3937 (Coburn) regarding federal
HIV prevention and testing mandates, and urging his Honor, the Mayor,
to transmit copies of this resolution to Congresswoman Nancy Pelosi
and Congressman Tom Lantos, Senator Dianne Feinstein and Senator
Barbara Boxer and San Francisco's federal legislative representative
with the request that they take all actions necessary to achieve the
objectives of this resolution. Supervisor Alioto presented. Referred
to Board for Adoption Without Committee Reference Calendar August 19,
1996.
File 013-96-034.
[U.S.S. Missouri]
Resolution declaring the wishes of the City and County of San Francisco
to permanently relocate the U.S.S. Missouri Battleship in San
Francisco for establishment of a museum, memorial, and other functions
at Piers 30-32 and urging the U.S. Department of Navy to select the
San Francisco Operation Missouri's application to manage the project.
Supervisors Teng, Kaufman, Katz, Shelley presented. Referred to Board
for Adoption Without Committee Reference Calendar August 19, 1996.
File 013-96-035.
Referred to Committee
[Stop Intersection, 6th Avenue and Hugo Street]
Resolution designating the intersection of 6th Avenue and Hugo Street
as an all-way stop intersection. Supervisor Shelley presented.
Referred to Housing and Land Use Committee.
File 018-96-013.
Referred to Board
[San Francisco Healthy City Designation]
Resolution supporting renewal of San Francisco's Healthy City
Designation; supporting collaborative economic and community
development strategies planning; and supporting continued access of
undocumented women to prenatal care through presumptive Medicaid
eligibility. Supervisors Katz, Kaufman, Teng, Shelley presented.
Referred to Board for Adoption Without Committee Reference Calendar
August 19, 1996.
File 030-96-016.
[High Speed Rail]
Resolution supporting the California Intercity High Speed Rail
Commission in its efforts to make San Francisco the central terminus
in the bay area region. Supervisor Hsieh presented. Referred to Board
for Adoption Without Committee Reference Calendar August 19, 1996.
File 171-96-001.
[Supporting the Peerless Clothing Workers]
Resolution supporting the Peerless Clothing Workers' fight for freedom
of speech, freedom from sexual harassment and freedom from
discrimination and urging Macy's and other retail outlets to refuse to
sell clothing manufactured by Peerless Clothing until the ethnic
discrimination and harassment, religious discrimination and other
charges have been settled. Supervisor Teng presented. Referred to
Board for Adoption Without Committee Reference Calendar August 19,
1996.
File 176-96-006.
Referred to Committee
[Parking Study-West Civic Center Area]
Resolution urging the Parking and Traffic Commission to instruct the
Department of Parking and Traffic to undertake a long-term parking
study of the West Civic Center area. Supervisor Kaufman presented.
Referred to Housing and Land Use Committee.
File 190-96-007.
Requests for Hearings:
[Bay-Delta Accord]
Hearing to consider the Bay-Delta Accords and the litigation posture of
the San Francisco Public Utilities Commission in regard to the State
Water Quality Control Plan. Supervisor Yaki presented. Referred to
Government Efficiency/Labor Committee.
File 005-96-001.
Motions:
Referred to Board
[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the continued
need for the declaration of emergency in connection with the needle
exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng,
Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to
Board for Adoption Without Committee Reference Calendar August 19,
1996.
File 030-96-001.16.
[Extending Time for Negotiations-Local 250-A]
Motion extending time pursuant to Charter Sections 11.100 and A8.404
for negotiations with the Transport Workers Union, Local 250-A
representing 9163 Transit Operators. Supervisor Shelley presented.
Referred to Board for Adoption Without Committee Reference Calendar
August 19, 1996.
File 104-96-003.
Introduced by the President at the Request of Departments
Ordinances Referred to Committee
File 045-96-049. [U.S.A. (Davis) v. CCSF] Ordinance authorizing
partial settlement of litigation of U.S.A. (Davis) v. City and County
of San Francisco, by payment of $161,731.15. (USDC, Northern District
of California, Consolidated Cases Nos. C84-1100 MHP, C84-7089 MHP).
(Also see Files 45-95-2 and 45-96-26). (City Attorney) Referred to
Government Efficiency/Labor Committee.
File 045-96-050. [Wage Freeze Litigation, Locals 3 and 718] Ordinance
authorizing settlement of the 1993-94 and 1994-95 wage freeze
litigation: Operating Engineers, Local 3, et al. v. City and County
of San Francisco, and Local 718, et al. v. City and County of San
Francisco, by payment of $74,406. (Superior Court Case No. 953-407
and Superior Court Case No. 962-366 respectively). (City Attorney)
Referred to Government Efficiency/Labor Committee.
File 046-96-010. [CCSF v. Giants of Tampa Bay Limited, et al.]
Ordinance authorizing settlement of litigation of City and County of
San Francisco against Giants of Tampa Bay Limited, et al. upon the
receipt of $349,251. (Monterey Superior Court No. 94974). (Also see
File 252-92-3). (City Attorney) Referred to Government
Efficiency/Labor Committee with request it be considered at the August
20, 1996 meeting.
File 048-96-028. [Francie Moeller et al., v. CCSF] Ordinance
authorizing settlement of the unlitigated claim of Francie Moeller v.
City and County of San Francisco by payment of $345,700. (City
Attorney) Referred to Government Efficiency/Labor Committee with
request it be considered at the August 20, 1996 meeting.
File 093-96-027. [Settlement of Grievances, MOU] Ordinance authorizing
the Human Resources Director with the approval of the City Attorney to
settle grievances pursuant to valid Memoranda of Understanding between
the City and employee representatives for amounts not to exceed
$100,000 to be paid subject to certification of availability of funds
by the Controller. (Department of Human Resources) Referred to
Government Efficiency/Labor Committee.
File 093-96-028. [MOU, Building Inspectors, Amendment No. 1] Ordinance
adopting and implementing the provisions of Amendment No. 1 to the
Memorandum of Understanding between the Building Inspectors
Association and the City and County of San Francisco providing that
all covered employees be placed into full retirement contribution
status effective two pay periods after approval of this ordinance by
the Mayor. (Department of Human Resources) Referred to Government
Efficiency/Labor Committee.
File 104-96-001. [Extending Time for Negotiations, Class 9163]
Ordinance extending time pursuant to Charter Sections 11.100 and
A8.404 for negotiations with the Transport Workers Union, Local 250-A
representing 9136 Transit Operators. (Department of Human Resources)
Referred to Government Efficiency/Labor Committee.
File 118-96-006. [Dog Licenses] Ordinance amending Health Code by
amending Section 41.15 to increase fees for issuance of dog licenses;
and amending Section 41.16 related to reductions in dog license fees.
(Animal Care and Control Department) Referred to Budget Committee.
Resolutions Referred to Committee
File 014-96-001. [Garbage Liens] Resolution confirming report of
delinquent charges for refuse collection services and nuisance removal
costs submitted by the Director of Public Health as modified to the
date of adoption of this resolution, and creating special assessments
and liens based thereon. (Department of Public Health) Scheduled for
public hearing before Board on September 3, 1996, at 3:00 p.m.
File 041-96-004. [Reinspection Fee Liens] Resolution confirming report
of delinquent reinspection fee cost submitted by the Director of
Public Health, as modified to the date of adoption of this resolution,
and creating special assessments and liens based thereon. (Department
of Public Health) Scheduled for public hearing before Board on
September 3, 1996 at 3:00 p.m.
File 048-96-025. [Settlement of Claim, Albert & Carol Tom] Resolution
approving the settlement of the unlitigated claim of Albert and Carol
Tom by payment of $13,000. (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 048-96-026. [Settlement of Claim, Brian & Debra Shea] Resolution
approving the settlement of the unlitigated claim of Brian and Debra
Shea by payment of $15,500. (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 048-96-027. [Settlement of Claim, Carlos Amezcua] Resolution
approving the settlement of the unlitigated claim of Carlos Amezcua by
payment of $9,000. (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 101-96-008. [Appropriations Limit, Fiscal Year 1996-97]
Resolution establishing the appropriations limit for fiscal year
1996-97 pursuant to California Constitution Article XIII B.
(Controller) Referred to Budget Committee.
Requests Granted
There being no objection, the Board directed the Clerk to comply
with the following requests:
By Supervisors Kaufman, Katz, Shelley, Teng that City Attorney draft an
amendment to the City's catastrophic sick leave policy renaming it the
T.J. Anthony Catastrophic Sick Leave Policy.
Motions Adopted
Motion that the Board adjourns its meeting this date out of respect to
the memory of the following deceased:
Dr. Francis J. Curry (Full Board)
Judith Weinstein Klein (Full Board)
Elizabeth Temko Sponsors Supervisors Bierman, Kaufman.
File 2-96-32
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at the hour of 4:13 p.m.
adjourned.
Jean Chew Lum, Acting Clerk
N.B. This Journal of Proceedings sets forth all actions taken by the
Board of Supervisors on the matters stated, but not necessarily
the chronological sequence in which the matters were taken up.
Approved by the Board of Supervisors on September 9, 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