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November 25, 1996

JOURNAL OF PROCEEDINGS

BOARD OF SUPERVISORS




Monday, November 25, 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.


CALLING THE ROLL

In the absence of President Kevin Shelley, the meeting was called to order at 2:03 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present:

Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Yaki - 7.

Noted absent at first roll call:

Supervisors Alioto, Katz, Shelley, Teng - 4.

Quorum present.

Supervisor Alioto was noted present at 2:05 p.m.

Supervisor Teng was noted present at 2:06 p.m.

Supervisor Katz excused. (See infra.)

Supervisor Shelley excused. (See infra.)


Election of President Pro Tempore

Following roll call of attendance by the Clerk, Supervisor Hsieh, seconded by Supervisor Bierman, moved that Supervisor Ammiano be appointed President Pro Tempore.

Motion adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Yaki - 8.

Absent: Supervisors Katz, Shelley, Teng - 3.



Supervisors Katz and Shelley Excused

The Clerk stated Supervisors Katz and Shelley requested to be excused from attending today's meeting.

Thereupon, Supervisor Yaki, seconded by Supervisor Kaufman, moved to excuse Supervisors Katz and Shelley.

Motion adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


CONSENT CALENDAR


Recommendation of Budget Committee

Finally Passed

[San Francisco General Hospital Trust Fund]
Ordinance amending the Administrative Code, to establish in the treasury of the City and County, a Special Fund, to be known and designated as the San Francisco General Hospital Trust Fund. (Department of Public Health)


File 97-96-59, Ordinance No. 448-96

(Adds Section 10.117-112.)

Finally passed.



Recommendations of Government Efficiency and Labor Committee

Passed for Second Reading

[Golbarg Fahid/Vega/Hawks, v. CCSF et al.]
Ordinance authorizing settlement of litigation of Goldbarg Fahid/Andre Vega and Dawn Hawks against the City and County by payment of $30,000. (City Attorney)

File 45-96-83.1, Ordinance No.

(U.S. District Court No. C94-3523.)

Passed for second reading.



[Cammarata et al., v CCSF et al.]
Ordinance authorizing settlement of litigation of Barbara Cammarata against the City and County by payment of $65,000. (City Attorney)

File 45-96-84, Ordinance No.

(Superior Court No. 977-779.)

Passed for second reading.



[Jessie David Wall v. CCSF et al.]
Ordinance authorizing settlement of litigation of Jessie David Wall against the City and County by payment of $7,500. (City Attorney)

File 45-96-85, Ordinance No.

(Superior Court No. 973-216.)

Passed for second reading.



[Evelyn Dusovsky v. CCSF et al.]
Ordinance authorizing settlement of litigation of Evelyn Dusovsky against the City and County by payment of $7,500. (City Attorney)

File 45-96-86, Ordinance No.

(Superior Court No. 966-955.)

Passed for second reading.



[Florence Basuino v. CCSF et al.]
Ordinance authorizing settlement of litigation of Florence Basuino against the City and County by payment of $235,000. (City Attorney).

File 45-96-87, Ordinance No.

(Superior Court No. 961-562.)

Passed for second reading.



[John Dilatush et al. v. CCSF et al.]
Ordinance authorizing settlement of litigation of John and Patricia Dilatush against the City and County by payment of $20,000. (City Attorney)


File 45-96-88, Ordinance No.

(Superior Court No. 963-918.)

Passed for second reading.



[Hernandez/Ruanto v. CCSF et al.]
Ordinance authorizing settlement of litigation of Raly James Hernandez, Ederlinda Hernandez, Christina Ruanto against the City and County by payment of $17,500. (City Attorney)

File 45-96-89, Ordinance No.

(Municipal Court No. 119-035.)

Passed for second reading.



[Araya v. CCSF]
Ordinance authorizing settlement of litigation of Araya against the City and County with no payment of money by San Francisco and with San Francisco's agreement that the settlement is without prejudice to any party (beside plaintiff) bringing a later claim arising out of the new Main Library construction project. (City Attorney)

File 45-96-90, Ordinance No.

(Superior Court No. 973-697.)

Passed for second reading.



[Bernard Ogbuagu v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Bernard Ogbuagu against the City and County by payment of $9,500. (City Attorney)

File 45-96-91, Ordinance No.

(Superior Court No. 956-124.)

Passed for second reading.



[Jones/Shkrabuik v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Peter M. Jones and Patricia Shkrabuik against the City and County by payment of $3,260,000. (City Attorney)

File 45-96-92, Ordinance No.

(Superior Court No. 974-206.)

Passed for second reading.



[Eliza Gomez v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Eliza Gomez against the City and County by payment of $7,500. (City Attorney)

File 45-96-93, Ordinance No.

(Municipal Court No. 073-130.)

Passed for second reading.



[Jung S. Rand v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Jung S. Rand against the City and County by payment of $43,000. (City Attorney)

File 45-96-94, Ordinance No.

(Superior Court No. 969-127).


Passed for second reading.



[Thomas Garcia v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Thomas Garcia against the City and County by payment of $30,000. (City Attorney)

File 45-96-95, Ordinance No.

(Superior Court No. 962-708.)

Passed for second reading.


Adopted


[Settlement of Claim, Ricardo Hernandez]
Resolution approving the settlement of the unlitigated claim of Ricardo Hernandez by payment of $165,217.00. (City Attorney)

File 48-96-45, Resolution No. 1064-96

Adopted.



[Settlement of Claim, Enrique and Juana Aldaz]
Resolution approving the settlement of the unlitigated claim of Enrique and Juana Aldaz by payment of $14,132.82. (City Attorney)

File 48-96-46, Resolution No. 1065-96

Adopted.



[Settlement of Claim, Paul Franklin]
Resolution approving the settlement of the unlitigated claim of Paul Franklin by payment of $7,000.00. (City Attorney)

File 48-96-47, Resolution No. 1066-96

Adopted.



[Settlement of Claim, Rick Knight]
Resolution approving the settlement of the unlitigated claim of Rick Knight by payment of $7,894.17. (City Attorney)

File 48-96-48, Resolution No. 1067-96

Adopted.



[Settlement of Claim, Consejo Varquez]
Resolution approving the settlement of the unlitigated claim of Consejo Varquez by payment of $13,300.00. (City Attorney)

File 48-96-49, Resolution No. 1068-96

Adopted.



[Settlement of Claim, Joseph Lee]
Resolution approving the settlement of the unlitigated claim of Joseph Lee by payment of $13,000.00. (City Attorney)

File 48-96-50, Resolution No. 1069-96

Adopted.




[Settlement of Claim, Stonestown Apartments]
Resolution approving the settlement of the unlitigated claim of Stonestown Apartments by payment of $6,946.00. (City Attorney)

File 48-96-51, Resolution No. 1070-96

Adopted.



[Settlement of Claim, Carl Craig]
Resolution approving the settlement of the unlitigated claim of Carl Craig by payment of $13,000.00. (City Attorney)

File 48-96-52, Resolution No. 1071-96

Adopted.



[Settlement of Claim, CSAA Insurance]
Resolution approving the settlement of the unlitigated claim of California State Automobile Association (CSAA) (Insured, Sherry Gu) by payment of $5,807.75. (City Attorney)

File 48-96-53, Resolution No. 1072-96

Adopted.



[State Grant, Spousal Abuser Prosecution Program]
Resolution authorizing the District Attorney to retroactively apply for, accept and expend funds not to exceed $132,000.00 with no indirect cost available through the California Department of Justice for a project entitled "Spousal Abuser Prosecution Program" for the twelve month period July 1, 1996 through June 30, 1997. Sponsors Supervisors Shelley, Leal, Alioto.

File 138-96-12, Resolution No. 1080-96

Adopted.

In connection with the above item, Supervisor Alioto requested to be added as co-sponsor.



[State Grant, Anti-Drug Abuse Enforcement Program]
Resolution authorizing the Chief of Police to retroactively apply for, accept and expend funds in the amount of One Hundred Fifty One Thousand Five Hundred Ninety Four Dollars ($151,594.00) which includes indirect costs of Seven Thousand Five Hundred Eighty Dollars ($7,580.00) based upon five percent of the total grant award, and One Thousand Five Hundred Dollars ($1,500.00) for audit costs, for continual funding for a project entitled "Anti-Drug Abuse Enforcement Program", and rescinding Resolution No. 653-96. Sponsors Supervisors Alioto, Leal.

File 143-96-2.1, Resolution No. 1081-96

Adopted.



[Grant, Civilian Personnel Component Program]
Resolution authorizing the Chief of Police, to retroactively apply for, accept and expend funds in the amount of Three Hundred Nine Thousand One Hundred Seventy Nine Dollars ($309,179), excluding indirect costs not allowed under this program, for a project known as the, "Civilian Personnel Component" from the United States Department of Justice's Office of Community Oriented Policing Services-Making Officer Redeployment Effective Program (COPS-MORE), and agreeing to provide a match in the amount of One Hundred Eight Thousand Two Hundred Seventy Seven Dollars ($108,277). Sponsor Supervisor Shelley.

File 143-96-8, Resolution No. 1083-96

Adopted.



[State Grant, Family Violence Prevention Project]
Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant of $250,000 from the California Department of Social Services for collaborative
efforts to provide alternatives to violence in the community; providing for ratification of action previously taken; waiving indirect costs. Sponsors Supervisors Alioto, Shelley, Leal, Kaufman.

File 146-96-24, Resolution No. 1084-96

Adopted.

In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor.



Recommendations of Housing and Land Use Committee

Adopted

[Stop Intersections]
Resolution designating certain intersections as "Stop" intersections. (Housing and Land Use Committee)

File 18-96-17, Resolution No. 1052-96

(Stop Signs - Establish
Twenty-Third Avenue and Irving Street, northeast and southwest corners, stopping Irving Street traffic (makes this an all-way stop).

Bowdoin and Woolsey Streets, northeast and southwest corners, stopping Woolsey Street traffic (makes this an all-way stop).

Craut and Maynard Streets, northeast and southwest corners, stopping Maynard Street traffic (makes this an all-way stop).

Eucalyptus and Everglade Drives, northwest and southeast corners, stopping Everglade Drive traffic (makes this an all-way stop).)

Adopted.



[Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use Committee)

File 19-96-14, Resolution No. 1053-96

(No Parking Anytime - Rescind
Tow-Away, No Parking Anytime - Establish

Larkin Street, along the north terminus, north of Chestnut Street (27-foot zone, at dead-end portion of the 2700 block).

Larkin Street, east side of upper portion, north of Chestnut Street (125-foot zone, along the retaining wall on the 2700 block).

Tow-Away, No Parking Anytime - Establish
Bluxome Street, south side, from 13 feet to 25 feet east of the west property line of #340 Townsend Street (12-foot zone).

Perpendicular (90-Degree Angle) Parking - Establish
Broadway, north side, between Leavenworth and Jones Streets.

Broadway, north side, from Leavenworth Street to 140 feet westerly (140-foot zone).

Broadway, south side, from Leavenworth Street to 57 feet westerly (57-foot zone).

30-Minute Parking Time Limit, 8 AM - 6 PM, Monday through Saturday - Establish
Irwin Street, north side, from Seventh Street to 135 feet westerly (135-foot zone).)

Adopted.



[Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets. (Housing and Land Use Committee)

File 20-96-18, Resolution No. 1054-96


(Bicycle Lanes - Establish
Seventh Avenue, west side (southbound), from 160 feet south of Lawton Street to 200 feet north of Clarendon Avenue.

Laguna Honda Boulevard, east side (northbound), from 300 feet south of Clarendon Avenue to 510 feet south of Noriega Street.

One-Way Street - Rescind
Willow Street, eastbound, between Polk and Larkin Streets.

One-Way Street - Establish
Willow Street, westbound, between Polk and Larkin Streets.

Multiple Right Turn Lane - Rescind
First Street, southbound at Howard Street.

Tow-Away Lane Must Turn Left - Establish

Howard Street, westbound, at Sixth Street.

Tow-Away, No Stopping, 4 PM - 6 PM, Monday through Friday - Establish
Howard Street, south side, from Sixth Street to 100 feet easterly (100-foot zone, to accommodate a left turn lane during specified hours).)

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 Cole Street, between Parnassus Avenue and Grattan Street, both sides; Cole Street, between Beulah and Carl Streets, both sides; and Carl Street, between Cole and Shrader Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-23, Resolution No. 1057-96

Adopted.



[Residential Parking Area "W", SFGH Area]
Resolution extending the boundaries of Residential Permit Parking Area "W" in the San Francisco General Hospital Area and adding Florida Street, between Twenty-Fifth and Twenty-Sixth Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-24, Resolution No. 1058-96

Adopted.



[Residential Parking Area "S", Duboce Triangle]
Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding Castro Street, between Twentieth and Liberty Streets, both sides; Liberty Street, between Castro and Noe Streets, both sides; and Noe Street, between Twentieth and Liberty Streets, west side, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-25, Resolution No. 1059-96

Adopted.



[Residential Parking Area "O", West Portal/St. Francis]
Resolution extending the boundaries of Residential Permit Parking Area "O" in the West Portal/St. Francis Wood Area and adding San Benito Way, between St. Francis Boulevard and Monterey Boulevard, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-27, Resolution No. 1060-96

Adopted.




[Residential Parking Area "A", Telegraph Hill/North Beach]
Resolution extending the boundaries of Residential Permit Parking Area "A" in the Telegraph Hill/North Beach Area to include Block 24, Lot 22 (1323 Columbus Avenue). (Department of Parking and Traffic)

File 40-96-28, Resolution No. 1061-96

Adopted.



[Residential Parking Area "S", Duboce Triangle]
Resolution extending the boundaries of Residential Permit Parking Area "S", in the Duboce Triangle Area and adding Lily Street, between Laguna and Buchanan Streets, south side, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-29, Resolution No. 1062-96

Adopted.



[Residential Parking Area "U", South of Market]
Resolution extending the boundaries of Residential Permit Parking Area "U" in the South of Market Area and adding Harriet Street, between Folsom and Howard Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic)

File 40-96-30, Resolution No. 1063-96

Adopted.


The foregoing items on the Consent Calendar were acted upon by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


REGULAR CALENDAR


UNFINISHED BUSINESS


Appointment of President Pro Tempore

At the request of President Ammiano, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor.


Consideration of Mayor's Disapproval

Mayor's Disapproval Sustained

[Regulation of Campaign Consultants]
Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders, and certain former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Sponsors Supervisors Ammiano, Bierman.

File 97-96-13, Ordinance No.

(October 21, 1996 - Finally Passed.)
November 1, 1996 - Returned to Board by Mayor, disapproved.)
(November 18, 1996 - Consideration continued to November 25, 1996.)

The roll was called on the question of passage notwithstanding the Mayor's veto and it was refused adoption by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman - 3.

Noes: Supervisors Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 6.

Absent: Supervisors Katz, Shelley - 2.



The President resumed the Chair.


Recommendation of Health, Public Safety and Environment Committee

Adopted

[Substance Abuse Treatment on Demand]
Resolution endorsing the goal of substance abuse treatment on demand for indigent San Franciscans and urging the Mayor, the Health Commission and the Director of Public Health to provide full funding in the City and County's fiscal 1997/98 budget for substance abuse treatment on demand. Sponsors Supervisors Leal, Alioto, Ammiano, Bierman, Yaki, Teng, Brown.

File 30-96-20, Resolution No. 1055-96

(November 18, 1996 - Consideration continued to November 25, 1996.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisor Brown requested to be added as co-sponsor.


From Government Efficiency and Labor Committee
Without Recommendation

Consideration Continued

[Leasing of Property on Treasure Island]
Ordinance authorizing the Mayor, or the Mayor's designee, to enter into leases and other agreements with the Navy of property on Naval Station Treasure Island and in turn subleases and other agreements with third-parties of such property without "competitive bidding", and ratifying certain prior acts. (Mayor)

File 64-96-16, Ordinance No.

(November 18, 1996 - Consideration continued to November 25, 1996.)

Supervisor Kaufman, seconded by Supervisor Alioto, moved to continue consideration to December 9, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Assignment/Assumption of Leases, Treasure Island]
Resolution approving an agreement between the City and County and the Redevelopment Agency regarding the assignment and assumption of certain leases, subleases, a license, and a sublicense relating to Naval Station Treasure Island. (Mayor)

File 64-96-16.1, Resolution No.

(November 18, 1996 - Consideration continued to November 25, 1996.)

Supervisor Kaufman, seconded by Supervisor Alioto, moved to continue consideration to December 9, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.




Adopted

[CEQA Findings for BART/SFIA]
Resolution adopting findings of the Board of Supervisors of the City and County of San Francisco made pursuant to the California Environmental Quality Act and the State CEQA guidelines in connection with approval of the BART/SFIA agreement for the BART-SFO Airport Extension Project and providing for a contribution of up to $200 million. Sponsors Supervisors Shelley, Alioto, Teng.

File 27-96-13, Resolution No. 1095-96

(November 18, 1996 - Consideration continued to November 25, 1996.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 7.

Noes: Supervisors Ammiano, Bierman - 2.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisor Teng requested to be added as co-sponsor.



[BART-SFIA Agreement]
Resolution approving the BART/SFIA agreement through its Airport Commission for the BART-San Francisco Airport Extension Project and providing for a contribution of up to $200 million. Sponsors Supervisors Shelley, Alioto, Teng.

File 27-96-13.1, Resolution No. 1096-96

(November 18, 1996 - Consideration continued to November 25, 1996.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 7.

Noes: Supervisors Ammiano, Bierman - 2.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisor Teng requested to be added as co-sponsor.

The President resumed the Chair.

NEW BUSINESS

Recommendations of Budget Committee

Passed for Second Reading


[Appropriation, Airport Commission]
Ordinance appropriating $189,066,455, Airport Commission, from proceeds of Airport Revenue Bonds, Issue 13 to capital improvement projects for infrastructure improvements, interest expenses and professional services for fiscal year 1996-97; placing $152,491,000 on reserve. (Controller)

File 101-96-15, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Appropriation, Department of Public Works]
Ordinance appropriating and rescinding $101,976, Department of Public Works, from Gasoline Tax Fund to a capital project for Mission Street Lighting for fiscal year 1996-97. Sponsors Supervisors Leal, Brown.

File 101-96-16, Ordinance No.

(Fiscal Impact.)


Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisor Brown requested to be added as co-sponsor.


[Appropriation, Department of Public Works]
Ordinance appropriating $165,000, Department of Public Works, of Broadway Parking Lot revenues to cover the costs of the acquisition and disposition of Steuart/Folsom Street parcels and the design and administration of the Mid-Embarcadero Roadway Artwork Project for fiscal year 1996-97. (Controller)

File 101-96-17, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Appropriation, Port Commission]
Ordinance appropriating $1,579,000, Port Commission, of San Francisco Harbor Operating Funds, for various capital improvement projects (income property improvements at Piers 26 Annex, Pier 1-1/2, Pier 50 Shed A/alternate shed, and Agriculture Building); placing $1,329,000 on reserve. Sponsor Supervisor Brown.

File 101-96-19, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisor Brown requested to be added as sponsor.


[Appropriation, Mayor's Office of Community Development]
Ordinance rescinding $800,000 from a Convention Facilities Fund capital project and re-appropriating the funds to the Mayor's Office of Community Development for the acquisition and renovation of the Chinese Historical Society Building for fiscal year 1996-97. Sponsors Supervisors Hsieh, Bierman, Kaufman, Alioto, Teng, Ammiano, Yaki, Brown, Leal.

File 101-96-20, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisors Alioto, Teng, Ammiano, Yaki, Brown, Leal requested to be added as co-sponsors.


Adopted

[Chinese Historical Society of America]
Resolution approving and authorizing a deferred loan to the Chinese Historical Society of America for the acquisition of real property at 965 Clay Street and conversion of the property to a national learning center and Chinese History Museum and approving conditions for forgiveness of repayment of the loan; companion measure to File 101-96-20. Sponsors Supervisors Hsieh, Alioto, Bierman, Kaufman, Teng, Ammiano, Yaki, Brown, Leal.

File 258-96-1.1, Resolution No. 1043-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisors Teng, Ammiano, Yaki, Brown, Leal requested to be added as co-sponsors.


Passed for Second Reading

[Dog Licenses]
Ordinance amending Health Code, to increase fees for issuance of dog licenses; and relating to reduction fee-special circumstances. (Animal Care and Control Department)

File 118-96-6, Ordinance No.

(Fiscal Impact.)

(Amends Sections 41.15, 41.16.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Real Property Transfer Tax]
Ordinance amending Part III of the Municipal Code, which will exempt from the real property transfer tax conversions of stock cooperatives to condominiums which meet the criteria for exempt conversions set forth in Subdivision Code, Section 1396, and in which 80 percent or more of the cooperative units are financed in whole or in part by the City and County. Sponsor Supervisor Hsieh.

File 127-96-9, Ordinance No.

(Fiscal Impact.)

(Adds Section 1108.4.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


Adopted

[CHIP Program Funds for Fiscal Year 1996-97]
Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare for Indigents Program (CHIP) funds for fiscal year 1996-97 and that the President or duly authorized representative of the Board of Supervisors can certify the County Description of Proposed Expenditure of CHIP funds for fiscal year 1996-97. (Department of Public Health)

File 30-96-24, Resolution No. 1056-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Community Development 1997 Block Grant]
Resolution approving the 1997 Community Development Program; authorizing the Mayor to apply for, receive and expend the City's 1997 Community Development Block Grant (CDBG) entitlement from the U.S. Department of Housing and Urban Development, transfer and expend reprogrammed funds from prior year Community Development programs and program income generated by the San Francisco Redevelopment Agency up to $29,591,922, which include indirect costs of $120,000; approving expenditure schedules as amended November 13, 1996 for recipient departments and agencies and for indirect costs, and determining no environmental evaluation is required; authorizing the receipt and deposit in contingencies of 1997 CDBG entitlement funds in excess of $26,179,000. Sponsors Supervisors Hsieh, Teng.

File 79-96-3, Resolution No. 1076-96

Adopted by the following vote:


Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisor Teng requested to be added as co-sponsor.


[Sale of Surplus Real Property]
Resolution authorizing the sale of Water Department surplus property (0.73 acre parcel of land), to the City of Millbrae for $1,250,000. (Real Estate Department)

File 96-96-3, Resolution No. 1078-96

(Fiscal Impact.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


Motion approving the Summer Youth Employment Tax Credit Regulations. (Budget Committee)

File 127-96-5.1

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


Recommendations of Government Efficiency and Labor Committee

Passed for Second Reading

[Amendment to MOU, Local 21]
Ordinance amending Ordinance 221-95 to implement the provisions of an arbitrator's award regarding pay equity adjustments for Classifications 2594 and 2595 Employee Assistance Counselors between the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO and the City and County, to be effective retroactive to July 1, 1993 through June 30, 1997. (Department of Human Resources)

File 93-95-35.5, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[MOU, Local 21 Full Retirement Contribution]
Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between IFPTE Local 21 and the City and County providing that all covered employees be placed into full retirement contribution status effective December 28, 1996 following approval of this ordinance by the Mayor. (Department of Human Resources)

File 93-96-31, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Damages in Contracts for Goods/Services]
Ordinance amending Administrative Code, to provide for approval of waivers of future incidental and consequential damages in contracts for goods and services. Sponsor Supervisor Ammiano.

File 97-96-54, Ordinance No.


(Adds Section 21.54.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Court Employee Executive Compensation, FY 1996-97]
Ordinance setting schedules of compensation and other economic benefits for fiscal year 1996-97 for certain classifications of persons employed by the Municipal and Superior Courts for the City and County. (Municipal Court)

File 106-96-4, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Hospital Services Contract]
Ordinance authorizing the Director of Public Health to execute an agreement with Baycare Medical Group for the Department of Public Health to provide hospital services to managed care enrollees, which agreement includes binding arbitration, indemnification, risk sharing, and limited authority for the Director of Health to execute amendments. (Department of Public Health)

File 172-96-36, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



Adopted

[Lease, Water Department/Cisco Systems, Inc.]
Resolution authorizing retroactively, a 40-year lease of Water Department land between the City and County and Cisco Systems, Inc., in Santa Clara County. (Public Utilities Commission)

File 65-96-11, Resolution No. 1073-96

(Fiscal Impact.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


[Federal Grant, Energy Conservation]
Resolution authorizing the General Manager of the Public Utilities Commission to apply for, accept and expend a grant of $100,000, which includes indirect costs in the amount of $12,460 based on twenty percent of salaries, from the U.S. Department of Energy and the Urban Consortium Energy Task Force; providing for ratification of action previously taken. (Public Utilities Commission)

File 94-96-2, Resolution No. 1077-96

(Fiscal Impact.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.




[Grant, Family Violence Prevention and Services]
Resolution authorizing the Chief of Police to apply for retroactively, accept and expend funds, excluding indirect costs not applicable under this program, in the amount of Thirty Five Thousand Dollars ($35,000.00) for a project known as the "Family Violence Prevention Services-Public Information/Community Awareness Program" and agreeing to provide an in-kind match in the amount of Twelve Thousand Seven Hundred Eleven Dollars ($12,711.00). Sponsors Supervisors Shelley, Alioto, Kaufman, Teng, Brown, Kaufman, Teng, Brown.

File 143-96-7, Resolution No. 1082-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisors Kaufman, Teng, Brown requested to be added as co-sponsors.



[Grant, State Local Transportation Partnership Program]
Resolution authorizing retroactively, the Director of Public Works to expend up to $1,038,069 from the State of California for roadway work on City streets in accordance with the State-Local Transportation Partnership Program (7th Cycle) waiving indirect costs; placing $558,218 on reserve. (Department of Public Works)

File 148-96-5, Resolution No. 1085-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Private Industry Council, Inc.]
Resolution designating retroactively, Private Industry Council, Inc. as the agency responsible for the preparation, submittal, and approval of the 1996 Refugee County Plan and for preparing and executing any amendments related to administrative revisions to either or both of the 1994 and 1995 refugee contracts. (Private Industry Council)

File 156-96-2, Resolution No. 1086-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Hold Harmless Agreement]
Resolution authorizing the Port to hold Madrigal-Wan Hai Lines harmless for claims arising out of their use of the Port's Marine Terminal Facilities at Pier 94/96. (Port)

File 172-96-37, Resolution No. 1088-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



Recommendations of Housing and Land Use Committee

Passed for Second Reading

[Changing Width of Sidewalk, Eagle Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1532 changing the official sidewalk width on the south side of Eagle Street between Mono Street and Market Street, as shown on the Department of Public Works drawing labeled Q-20-460, and making findings pursuant to Planning Code Section 101.1. (Department of Public Works)

File 34-96-12, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


Adopted

[Tobacco Paraphernalia Interim Zoning Controls]
Resolution imposing Interim Zoning Controls to temporarily prohibit the establishment of new enterprises, subject to specified exceptions, that sell tobacco paraphernalia, as defined, in neighborhood commercial individual area districts, as established in Planning Code Section 702.1, in the North of Market Residential Special Use District, as established in Planning Code Section 249.5 and areas adjoining this special use district that are zoned RC-4 (High Density Residential-Commercial Combined) and C-3-G (Downtown General Commercial), as established in Planning Code Sections 206.3 and 210.3 respectively, for an eighteen (18) month period and making a finding of consistency with the priority policies of Planning Code Section 101.1. Sponsors Supervisors Bierman, Alioto.

File 111-96-3, Resolution No. 1079-96

(General Rule Exclusion from Environmental Review)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[South Bayshore/Hunters Point Redevelopment]
Resolution approving and adopting procedures in the Articles of Formation for a Redevelopment Project Area Committee for the South Bayshore/Hunters Point Redevelopment Project. Sponsors Supervisors Bierman, Brown.

File 71-96-2, Resolution No. 1075-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisor Brown requested to be added as co-sponsor.



[Redevelopment Project Area]
Resolution establishing procedures for the election of members to Redevelopment Project Area Committees in the City and County. Sponsors Supervisors Bierman, Brown.

File 161-96-7, Resolution No. 1087-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


In connection with the above item, Supervisor Brown requested to be added as co-sponsor.



[Mid-Market Redevelopment Project Area Committee]
Resolution approving and adopting procedures in the Articles of Formation for a Redevelopment Project Area Committee for the Mid-Market Redevelopment Project. Sponsors Supervisors Bierman, Brown.

File 291-96-1, Resolution No. 1089-96

Adopted by the following vote:


Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.

In connection with the above item, Supervisor Brown requested to be added as co-sponsor.



[Street Vacation/Sale - Portion of Alameda Street]
Resolution declaring intention of the Board of Supervisors to vacate portion of Alameda Street between Treat Avenue and Florida Street, and setting December 16, 1996 at 3:00 p.m. as the hearing date for all persons interested in the proposed vacation. (Real Estate Department)

File 164-96-1, Resolution No. 1040-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Liquor License Transfer, 401 Broadway Street]
Resolution determining that the transfer of a Type 48 on-sale general public premises license to Riley O'Callaghan for Crow Bar, from 3490 California Street to 401 Broadway Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee)

File 223-96-37, Resolution No. 1090-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Liquor License, 1705 O'Farrell Street]
Resolution determining that the issuance of a Type 40 on-sale beer license to Jee Soo Jean for Cafe Dino, located at 1705 O'Farrell Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code; with condition. (Housing and Land Use Committee)

File 223-96-38, Resolution No. 1091-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Liquor License Transfer, 1669 Fillmore Street]
Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license to Mike Lee (Kyo Yoon Lee) for Fillmore Market located at 1669 Fillmore Street, from a store at 1750 Fillmore Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee)

File 223-96-39, Resolution No. 1092-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Liquor License, 550 Barneveld Avenue]
Resolution determining that the issuance of a Type 48 on-sale general-public premises license to Steven Chu at 550 Barneveld Avenue, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee)


File 223-96-41, Resolution No. 1093-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



[Liquor License Transfer, 609 Sutter Street]
Resolution determining the issuance of a Type 42 on-sale beer and wine public premises license to Michael Allen, for The Marines' Memorial Club located at 609 Sutter Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee)

File 223-96-42, Resolution No. 1094-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


PUBLIC COMMENT

The privilege of the floor was granted to the following persons:

Daniel Pieste;
Leboriae P. Smoore, police brutality, constitution for poor, Alice Griffith Project community
giveway proposal;
Male speaker, Commission on Status of African-American;
Franklin Carder, Boeddecker Park noise, tobacco, audio pollution;
Cati Okorie, New Bayview Community, Aaron Williams;
Frederick E. Reeves, oppose Burger King and Brewery in Sunset;
Sal Mogannam, oppose Burger King;
Marilyn Jackson, oppose Burger King;
Harold Monkres, oppose Burger King.

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 Leal requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately.


Adopted as Amended

[Board President]
Motion electing a member of the Board of Supervisors to serve as President of the Board from December 2, 1996, to January 8, 1997. (Clerk of the Board)

File 54-96-10

(November 18, 1996 - Referred to Board for consideration on November 25, 1996.)

Supervisor Leal, seconded by Supervisor Alioto, moved to amend line 13 by inserting "Barbara Kaufman".

Motion to amend adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.



Adopted as amended by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


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

[Commend Rikki Streicher]
Resolution commending community leader and businesswoman Rikki
Streicher on the occasion of the naming of the Rikki Streicher Athletic Field and proclaiming December 15, 1996 "Rikki Streicher Day" in San Francisco. Sponsors Supervisors Leal, Ammiano, Katz, Kaufman, Bierman, Teng, Yaki.

File 6-96-180, Resolution No. 1049-96

(November 18, 1996 - Introduced in Board for consideration on November 25, 1996.)

Adopted.


In connection with the above item, Supervisors Kaufman, Bierman, Teng, Yaki requested to be added as co-sponsors.


[Commend Angel Island Immigration Station Foundation]
Resolution commending the Angel Island Immigration Station Foundation. Sponsors Supervisors Teng, Kaufman, Bierman, Teng, Yaki, Leal.

File 6-96-181, Resolution No. 1050-96

(November 18, 1996 - Introduced in Board for consideration on November 25, 1996.)

Adopted.


In connection with the above item, Supervisors Kaufman, Bierman, Teng, Yaki, Leal requested to be added as co-sponsors.


[Commend Rebecca Kohlstrand]
Resolution commending Rebecca Kohlstrand for years of service to the City and County. Sponsors Supervisors Bierman, Shelley, Kaufman, Teng, Yaki.

File 6-96-182, Resolution No. 1051-96

(November 18, 1996 - Introduced in Board for consideration on November 25, 1996.)

Adopted.


In connection with the above item, Supervisors Kaufman, Teng, Yaki requested to be added as co-sponsors.



[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown.

File 30-96-1.23

(November 18, 1996 - Introduced in Board for consideration on November 25, 1996.)

Adopted.




[Amended Map, 1070-1078 Francisco Street]
Motion approving amended map of 1070-1078 Francisco Street, a Residential Condominium Project, being a subdivision of Lot 5 in Assessor's Block 476, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works)

File 58-96-37

(November 18, 1996 - Referred to Board for consideration on November 25, 1996.)

Adopted.



[Final Map, 164 Townsend Street]
Motion approving final map of 164 Townsend Street, a Live/Work Condominium Project, being a subdivision of Lot 11A in Assessor's Block 3788, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works)

File 58-96-38

(November 19, 1996 - Referred to Board for consideration on November 25, 1996.)

Adopted.



[Final Map, 281 Clara Street]
Motion approving final map of 281 Clara Street, a Live/Work Condominium Project, being a subdivision of Lot 151 in Assessor's Block 3753, and adopting findings pursuant to the Planning Code Section 101.1. (Department of Public Works)

File 58-96-39

(November 19, 1996 - Referred to Board for consideration on November 25, 1996.)

Adopted.



[Mayor's Earthquake Emergency Relief Fund]
Resolution appropriating Fifty Thousand Dollars ($50,000) to the Mayor's Office of Emergency Services for printing related to response, relief, and recovery from Loma Prieta, including printing of the Emergency Operations Plans for the City and County, at the discretion and approval by the director of that office. Sponsor Supervisor Brown.

File 68-96-9, Resolution No. 1074-96

(November 19, 1996 - Referred to Board for consideration on November 25, 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, Kaufman, Leal, Teng, Yaki - 9.

Absent: Supervisors Katz, Shelley - 2.


OFF-CALENDAR LEGISLATION


ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE

Referred to Committee


[Campaign Consultant Regulation]
Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders and certain former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee.


File 097-96-013.02.


[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. Supervisor Alioto presented. Referred to Select Committee on Municipal Public Power with a request it be considered at a special meeting on November 27, 1996.

File 097-96-061.


Referred to Board


[Commend Evelyn Gentry Hooker]
Resolution commending the lifetime achievement of the late Dr. Evelyn Gentry Hooker whose pioneering study of the behavior of the homosexual men in the 1940's led to the removal of homosexuality as a psychological disorder from the American Psychiatric Association's Diagnostic and Statistical Manual. Supervisors Leal, Bierman, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar December 9, 1996.

File 006-96-183.


[Extend Planning Commission Review Period]
Resolution extending the prescribed time within which the Planning Commission may render its decision on proposed ordinance to amend the Planning Code with respect to neighborhood commercial district construction application notice. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar December 9, 1996.

File 115-96-009.01.


[Juana Briones]
Resolution acknowledging Juana Briones as the first woman settler of San Francisco; accepting on behalf of the people of the City and County of San Francisco the State historical marker honoring Juana Briones and directing the Recreation and Park Commission to approve placement of the plaque at its December 19, 1996 meeting and to take all steps necessary to ensure that the plaque is placed in Washington Square Park. Supervisors Leal, Kaufman, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar December 9, 1996.

File 276-96-001.


Requests for Hearings:

[Appointment]
Hearing to consider affirming the appointments of the Board of Supervisors to the Golden Gate Bridge, Highway and Transportation District and to consider the appointments of new directors. Clerk of the Board. Referred to Rules Committee.

File 092-96-064.


[Appointment]
Hearing to consider the appointment of a member of the Board of Supervisors to the Joint Powers Board with San Mateo and Santa Clara counties concerning CalTrain. Clerk of the Board. Referred to Rules Committee.

File 092-96-065.


[Redevelopment Agency]
Hearing to consider the Redevelopment Agency's quarterly financial and performance report for the first quarter of fiscal year 1996-97. Supervisor Hsieh presented. Referred to Budget Committee.

File 161-96-008.


[Burger King, 1325 9th Avenue]
Hearing to consider Planning Department's issuance of a permit to build a Burger King at 1325 9th Avenue. Supervisors Ammiano, Leal, Alioto, Bierman, Shelley presented. Referred to Housing and Land Use Committee.

File 189-96-004.


[Presidio Lawsuit]
Hearing to consider the status of summary judgment in the Presidio lawsuit. Supervisor Alioto presented. Referred to Select Committee on Municipal Public Power.

File 244-95-003.01.


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 December 9, 1996.

File 030-96-001.24.


[Legislative Chamber]
Motion designating the Herbst Theater as the legislative chamber of the Board of Supervisors for its inaugural meeting on Wednesday, January 8, 1997. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar December 9, 1996.

File 054-96-011.


Introduced by the President at the Request of Departments

Ordinances Referred to Committee

File 009-96-003. [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) Referred to Housing and Land Use Committee.

File 034-96-013. [Changing Width of Sidewalk, Beale Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1533 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. (Department of Public Works) Referred to Housing and Land Use Committee.

File 045-96-098. [Kathryne Lee v. CCSF, et al.] Ordinance authorizing settlement of litigation of Kathryne Lee against the City and County of San Francisco by payment of $7,500. (Superior Court No. 968-315). (City Attorney) Referred to Government Efficiency/Labor Committee.

File 045-96-099. [William Johlie v. CCSF, et al.] Ordinance authorizing settlement of litigation of William Johlie against the City and County of San Francisco by payment of $25,000. (Superior Court No. 978-208). (City Attorney) Referred to Government Efficiency/Labor Committee.

File 045-96-100. [Gregoria Segado et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Gregoria Segado against the City and County of San Francisco by payment of $6,000. (Municipal Court No. 114-402). (City Attorney) Referred to Government Efficiency/Labor Committee.

File 045-96-101. [Grace Ryan v. CCSF et al.] Ordinance authorizing settlement of litigation of Grace Ryan against the City and County of San Francisco by payment of $70,314.09. (Superior Court No. 973-066). (City Attorney) Referred to Government Efficiency/Labor Committee.

File 101-96-022. [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; companion measure to File 102-96-5. R0 #96130. (Controller) Referred to Budget Committee.

File 101-96-023. [Appropriation, Rent Arbitration Board] Ordinance appropriating $247,000, 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. RO #96137. (Controller) Referred to Budget Committee.

File 102-96-005. [Salary Ordinance Amendment, Dept of Human Services] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of five (5) positions (Class 2916 Social Worker Specialist) and the deletion of five (5) positions (Class AB10 Social Worker Specialist), in the Department of Human Services; companion measure to File 101-96-22. (Department of Human Services) Referred to Budget Committee.



Resolutions Referred to Committee

File 010-96-010. [Major Encroachment Permit, Metricom, Inc.] Resolution granting major encroachment permit to Metricom, Inc., to mount 500 wireless radio repeater devices on City-owned light poles for a term of 24 months and adopting findings pursuant to Section 101.1 of the Planning Code. (Planning Department) (Planning Commission Motion No. 14156, adopted 7/11/96). (Public Utilities Commission Resolution dated 10/8/96 recommending approval of the proposed encroachment). Referred to Housing and Land Use Committee.

File 047-96-013. [Lease, Wilder Street Off-Street Parking] Resolution authorizing a lease of real property of Lots 26, 27, and 28 in Assessor's Block 6745 (Wilder Street near Diamond Street), for use as an off-street metered parking lot. (Also see File 47-88-11). (Real Estate Department) Referred to Government Efficiency/Labor Committee.

File 048-96-059. [Settlement of Claim, Thomas Willet] Resolution approving the settlement of the unlitigated claim of Thomas Willet by payment of $7,800.00. (City Attorney) Referred to Government Efficiency/Labor Committee.

File 048-96-060. [Settlement of Claim, Deanna Weber] Resolution approving the settlement of the unlitigated claim of Deanna Weber by payment of $8,000.00. (City Attorney) Referred to Government Efficiency/Labor Committee.

File 048-96-061. [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) Referred to Government Efficiency/Labor Committee.

File 048-96-062. [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) Referred to Government Efficiency/Labor Committee.

File 064-96-023. [Lease Renewal at 1540 Market Street] Resolution authorizing the lease renewal of office space located at 1540 Market Street, Suite 250, for the Tobacco Free Project, Department of Public Health, commencing November 1, 1996. (Real Estate Department) Referred to Government Efficiency/Labor Committee.

File 065-96-012. [Lease Agreement, Pier 23 Cafe] Resolution approving lease agreement with Pier 23 Cafe, a general partnership, and the City and County of San Francisco operating by and through the San Francisco Port Commission for a restaurant at Pier 23 (Embarcadero and Lombard). (Port Commission) Referred to Government Efficiency/Labor Committee.

File 143-96-009. [Grant, Innovative Community Policing Program] Resolution authorizing the Chief of Police of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of One Hundred Fifty Thousand Dollars ($150,000.00), excluding indirect costs not allowed under this program, for a project known as "Innovative Community Oriented Policing (ICOP) Problem-Solving Partnerships" from the United States Department of Justice's Office of Community Oriented Policing Services (COPS). No matching funds are required. (Police Department) Referred to Government Efficiency/Labor Committee.

File 143-96-010. [Grant, Enhance the Police Communications System] Resolution authorizing the Chief of Police of the City and County of San Francisco 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. (Police Department) Referred to Government Efficiency/Labor Committee.

File 172-96-040. [Transit Shelter Agreement] Resolution approving assignment of advertising transit shelter agreement to Outdoor Systems, Inc. (Also see Files 176-87-2 and 172-94-37). (Municipal Railway) Referred to Government Efficiency/Labor Committee.

File 172-96-041. [1995-96 Transfer Payment from BART to MUNI] Resolution approving an agreement between the City and County of San Francisco and the Bay Area Rapid Transit District, authorizing payment to San Francisco Municipal Railway for transfer trips provided in 1995-96. (Public Transportation Commission) Referred to Government Efficiency/Labor Committee.


Requests Granted

There being no objection, the Board directed the Clerk to comply with the following requests:

By Supervisor Leal, that City Attorney prepare ordinance concerning campaign consultant regulation to include recusal provisions which was previously considered by the Board of Supervisors.

By Supervisor Alioto, that letters be sent to the City Attorney, District Attorney and Ethics Commission inquiring as to the status of the investigation for official misconduct of members of the Public Utilities Commission for willful failure to discharge the duties imposed by Section 11.8 of the Administrative Code concerning feasibility of municipalizing the electricity utilities distribution system.


By Supervisor Ammiano, that letter be sent to the Human Rights Commission inquiring into Catholic Charities on their different treatment of domestic partners and married couples on their honorary host committee list for the grand opening ceremonies of the Leland Avenue HIV Residential Project.


Motions Adopted

Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased:

Sylvia Rosenbaum Sponsor Supervisor Kaufman.

File 2-96-47

Unanimously adopted by a rising vote.



ADJOURNMENT


There being no further business, the Board at the hour of 3:57 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 February 3, 1997.



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


Last updated: 6/17/2010 12:02:13 PM