Board of Supervisors Minutes: April 15, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, April 15, 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 2:05 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Noted absent at first roll call: Supervisor Kaufman - 1. Quorum present. Supervisor Kaufman excused. (See infra.) Supervisor Kaufman Excused The Clerk stated Supervisor Kaufman requested to be excused from attending today's meeting. Supervisor Kennedy, seconded by Supervisor Alioto, moved to excuse Supervisor Kaufman. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. Suspension of the Rules Presentation Made Supervisor Kennedy, seconded by Supervisor Leal, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Thassinda UBA Thassinda, Chairman, Group For the Reconstruction and Development of the Republic of Zaire. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9 Absent: Supervisor Kaufman - 1 Supervisor Kennedy introduced Chairman Tassinda UBA Thassinda who brought greetings to the Board. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Kennedy, seconded by Supervisor Leal, moved that the Journals of Proceedings for Monday, March 18 and March 25, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Airport] Ordinance appropriating $239,592, Airport, of San Francisco Airport Operating Funds for salaries and mandatory fringe benefits for the creation of thirty-three (33) positions to support the implementation of the Master Plan for fiscal year 1995-96. (Controller) File 101-95-63, Ordinance No. 145-96 (Fiscal Impact.) Finally passed. [Salary Ordinance Amendment, Airport] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), reflecting the creation of thirty-three (33) positions at the San Francisco International Airport; companion measure to File 101-95-63. (Department of Human Resources) File 102-95-17, Ordinance No. 148-96 (Fiscal Impact.) Finally passed. [Appropriation, Airport] Ordinance appropriating $636,354, Airport, of San Francisco Operating Funds for overtime to support increased security mandated by the Federal Aviation Administration for fiscal year 1995-96. (Controller) File 101-95-64, Ordinance No. 146-96 (Fiscal Impact.) Finally passed. [Appropriation, Department of Social Services] Ordinance appropriating and rescinding $318,395, Department of Social Services, for personal services, materials and supplies and equipment for automation projects for fiscal year 1995-96. (Controller) File 101-95-70, Ordinance No. 147-96 Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Tedral L. Thompson, v. CCSF] Ordinance authorizing settlement of litigation of Tedral L. Thompson against the City and County by payment of $7,500. (City Attorney) File 45-96-20, Ordinance No. (Superior Court No. 962-340). Passed for second reading. [Guillermo Lopez v. CCSF] Ordinance authorizing settlement of litigation of the City's cross-complaint in Lopez against the City and County of San Francisco. (City Attorney) File 45-96-21, Ordinance No. (Superior Court No. 952-731). Passed for second reading. Adopted [Settlement of Claim, Grange Insurance Group] Resolution approving the settlement of the unlitigated claim of Grange Insurance Group (insured, Steve Young) by payment of $7,665.56. (City Attorney) File 48-96-11, Resolution No. 329-96 Adopted. [Lease of Property/720 Sacramento St.] Resolution authorizing a lease of real property at 720 Sacramento Street, San Francisco, for the Chinatown Children's Development Center of the Mental Health Division of the Department of Public Health. Sponsors Supervisors Teng, Ammiano, Yaki. File 64-96-2, Resolution No. 331-96 Adopted. [CCSF - Mission Clay Products Agreement] Resolution approving the agreement between the City and County and Mission Clay Products, a division of MCP Industries, Inc. (Public Utilities Commission) File 172-96-5, Resolution No. 337-96 Adopted. Recommendations of Housing and Land Use Committee Adopted [Residential Parking Area "U," South of Market] Resolution amending the boundaries of Residential Permit Parking Area "U" in the South of Market Area and adding Shipley Street, between Fifth and Sixth Streets, north side, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-9, Resolution No. 327-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Rules Committee Finally Passed [Street Plaque Placement Procedures] Ordinance amending Public Works Code, to establish procedures for the commemoration of historical sites, events and persons in locations upon a public street or place. Sponsors Supervisors Ammiano, Shelley, Alioto, Leal, Bierman, Teng. File 123-95-3, Ordinance No. 149-96 (Adds Sections 789, 789.1, 789.2, 789.3, 789.4, 789.5, 789.6 and 789.7.) Finally Passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Government Funding] Ordinance appropriating $48,712, Police Department, from the General Fund Reserve for professional services, rent, other current expenses, materials and supplies and services of other departments for the relocation of the Office of Citizen Complaints for fiscal year 1995-96 (accommodate new staff required per Proposition G); providing for ratification of action previously taken. (Controller) File 101-95-62, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Kennedy assumed the Chair so the President could participate in the debate from the floor. (Supervisor Hsieh dissenting in Committee.) [Appropriation, Department of Human Resources] Ordinance appropriating $464,628, Department of Human Resources, from the General Fund Reserve for temporary salaries, fringe benefits, professional services and services of other departments for the creation of three (3) positions to provide the department with additional support for labor negotiations for fiscal year 1995-96; placing $146,250 on reserve. (Controller) File 101-95-65, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Noes: Supervisor Hsieh - 1. Absent: Supervisor Kaufman - 1. The President resumed the Chair. [Appropriation, Trial Courts] Ordinance appropriating $2,900,000, Trial Courts, of Court Special Revenue Fund revenue to a capital improvement project for Civic Center Courthouse construction for fiscal year 1995-96; placing $2,900,000 on reserve. (Controller) File 101-95-69, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. [Reward Authorization] Ordinance authorizing payment of reward to Doe One and Doe Two for supplying information leading to the arrest and conviction of the perpetrator who murdered Alexis McNeal on April 4, 1994. (Mayor) File 155-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kaufman - 1. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Lake Merced Restaurant/Bar Lease Amendment] Ordinance approving a lease amendment with the Lake Merced Restaurant and Bar extending the Agreement to May 31, 2002. (Recreation and Park Department) File 62-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Land Lease, SFUSD - Public Transportation Commission] Ordinance authorizing and approving a thirty-five year lease with the San Francisco Unified School District, of certain school district property, located at Newcomer High School; and ratifying previous actions (restroom facility for Municipal Railway drivers). (Public Transportation Commission) File 65-96-4, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Myanmar, Burma] Ordinance amending Administrative Code, to prohibit contracts for personal services with those who do business in or with Burma (Myanmar) and prohibit the purchase of commodities produced in or provided by those who do business in or with Burma (Myanmar). Sponsors Supervisors Ammiano, Bierman, Alioto. File 97-96-10, Ordinance No. (Adds Chapter 12J, Sections 12J.1 to 12J.9.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Adopted [Prop. J Contract, Parking Management Services] Resolution approving the Controller's certification that parking management services for San Francisco International Airport can practically be performed by private contractor at a lower cost for the year commencing July 1, 1996 than if work were performed by City employees at budgeted levels. (Airport) File 25-96-3, Resolution No. 326-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Annual Joint Fundraising Drive] Resolution designating those agencies qualified to participate in the 1996 Annual Joint Fundraising Drive for officers and employees of the City and County. (Government Efficiency and Labor Committee) File 162-96-1, Resolution No. 336-96 (The Progressive Way Earth Share of California Local Independent Charities of America (LIC) The United Way of the Bay Area Combined Health Appeal of California Bay Area Black United Fund, Inc. (BABUF).) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [State Mental Health Performance Contract] Resolution approving retroactively, the San Francisco City and County Performance Contract for Mental Health Services in fiscal year 1995-96. (Department of Public Health) File 172-96-6, Resolution No. 338-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Recommendations of Housing and Land Use Committee Passed for Second Reading [Landmark, North End Police Station/Garage] Ordinance designating the North End Police Station and Garage as Landmark No. 218 pursuant to Article 10 of the City Planning Code. Sponsors Supervisors Teng, Bierman. File 90-96-1, Ordinance No. (City Planning Resolution No. 14066, adopted 3/7/96.) (Landmarks Preservation Advisory Board Resolution No. 479, adopted 9/20/95.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Underground District No. 322, Alpine Terrace] ordinance creating Underground District No. 322 in the Alpine Terrace/Museum Way District; companion measure to File 52-96-2.1. (Department of Public Works) File 52-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Recommendations of Housing and Land Use Committee Adopted [Parking Regulations] Resolution enacting and rescinding Parking regulations at Harrison Street. (Department of Parking and Traffic) File 19-96-3.2, Resolution No. 325-96 (Two-Hour Parking Time Limit, 7 a.m. - 6 p.m., Except Sunday - Rescind. Parking Meter Area No. 3 (2-Hour Time Limit, 9 a.m. - 6 p.m., Monday Through Saturday) - Establish. Harrison Street, both sides, between Third and Fourth Streets.) (February 26, 1996 - Rereferred to Committee.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Lighting Assessment District, Alpine Terrace] Resolution determining to undertake proceedings to form an assessment district pursuant to Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in Alpine Terrace/Museum Way District; designating the City Engineer as the Engineer for the formation proceedings; companion measure to File 52-96-2. (Department of Public Works) File 52-96-2.1, Resolution No. 330-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Interim Controls, 24th Street] Resolution imposing Interim Zoning Controls to temporarily prohibit specialty grocery and retail coffee stores, subject to specified exceptions, in the 24th Street-Noe Valley Neighborhood Commercial District, as defined in City Planning Code Section 728.1, for an eighteen (18) month period. Sponsors Supervisors Bierman, Teng. File 111-96-1, Resolution No. 334-96 (Exempt Status, General Rule Exclusion.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. [Interim Controls, 24th Street, Permits] Resolution enacting order directing the Zoning Administrator, the Superintendent of the Bureau of Building Inspection and other permit issuing agencies to suspend action on any application for permits or licenses for specialty grocery and retail coffee stores, subject to specified exceptions, in the 24th Street-Noe Valley Neighborhood Commercial District, as defined in City Planning Code Section 728.1. Sponsors Supervisors Bierman, Teng. File 111-96-1.1, Resolution No. 335-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Passed for Second Reading [Adult Entertainment Ban, Van Ness SUD] Ordinance amending Planning Code, Van Ness Special Use District, to prohibit adult entertainment enterprises as described in Section 221(k), and adopting findings pursuant to City Planning Code Section 101.1. Sponsor Supervisor Teng. File 115-96-2, Ordinance No. (Exempt Status, General Rule Exclusion.) (City Planning Resolution No. 14037, adopted January 11, 1996.) (Amends Section 243.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. SPECIAL ORDER - 3:00 P.M. Report Received [State of Health Care Report] Report by Director of Public Health concerning the State of Health Care in the City and County of San Francisco. Sponsor Supervisor Shelley. File 30-96-6 Dr. Sandra Hernandez, Director of Health presented the 1996 State of the City, Public Health Address to the Board which highlighted State and Federal policy trends, health and related economic impacts, and key public health indicators for San Francisco. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Shelley Salieri, SF General Hospital; Justin Cohen, Accessibility issues; Laboriae P. Smoore, treatment of poor people; Woman, police brutality and use of pepper spray. 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 were introduced at a prior meeting of the Board with action requested at this meeting. Any Supervisor may require these measures to go to committee unless a motion to suspend the rules is adopted by eight votes (or a unanimous vote if only six or seven members are present). An "aye" vote is (a) a vote in favor of suspending the rule requiring reference to committee, and (b) a vote in favor of adoption of the measures. Eight votes (or a unanimous vote if only six or seven members are present) is required. (The following item will be voted on separately.) Adopted [Appointment] Resolution appointing Supervisor Tom Ammiano to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) File 92-96-9.1, Resolution No. 333-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Supervisor Ammiano Excused from Voting On advise of the City Attorney, Supervisor Ammiano requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Bierman, moved to excuse Supervisor Ammiano from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. The roll was then called on the pending legislation and it was adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 7. Excused: Supervisor Ammiano - 1. Absent: Supervisors Hsieh, Kaufman - 2. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Severed From For Adoption Without Committee Reference Calendar Supervisor Teng requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Commend Irwin Memorial Blood Centers] Resolution commending Irwin Memorial Blood Centers on the plasma pheresis blood donation program and declaring April 27, 1996 Irwin Memorial Blood Centers Day in San Francisco. Sponsors Supervisors Teng, Kennedy, Bierman, Alioto, Shelley. File 6-96-45, Resolution No. 323-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Supervisor Teng, seconded by Supervisor Leal, moved to amend title, line one, by replacing the word Plasma with the word "Platelets"; amend page one, lines 3 and 7 by replacing the word "plasma" with the word "platelets." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. 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 [Riverside County Police Beating] Resolution condemning the beating of two Mexican immigrants by Riverside County Sheriff's deputies in South El Monte, California and urging the Justice Department to conduct a thorough investigation into the civil rights abuses of immigrants. Sponsors Supervisors Leal, Alioto, Teng, Bierman, Ammiano, Yaki, Shelley. File 13-96-15, Resolution No. 324-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Supervisor Leal, seconded by Supervisor Teng, moved to amend title, line one, by replacing the word "two" with the word "three"; amend page one, line 12 by replacing the word "two" with the word "three". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. In connection with the above item, Supervisor Shelley requested to be added as co-sponsor. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Proclaim Laurel Hill Nursery School Day] Resolution proclaiming April 27, 1996 Laurel Hill Nursery School Day in San Francisco. Sponsors Supervisors Yaki, Shelley, Teng. File 4-96-9, Resolution No. 322-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Off Street Parking Fee Waiver] Resolution waiving parking fees for the main library opening participants on April 16, 17, 18 and 21, 1996 at the Civic Center Garage and the Performing Arts Garage. Sponsors Supervisors Shelley, Teng. File 47-96-2, Resolution No. 328-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Bay Area Rapid Transit District Police Oversight] Resolution urging the Bay Area Rapid Transit (BART) District Board of Commissioners to immediately take action to improve oversight of its BART police and create a citizens oversight process. Sponsors Supervisors Ammiano, Teng, Yaki. File 80-96-1, Resolution No. 332-96 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Adopted. In connection with the above item, Supervisors Teng, Yaki requested to be added as co-sponsors. [Final Map, 346 1st Street] Motion approving final map of 346 1st Street, a condominium project, being a resubdivision of Lot 65 in Assessor's Block 3749, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-9 (April 8, 1996 - Introduced in Board for consideration on April 15, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-16, Resolution No. 321-96 (Susan Leal, member, Board of Supervisors, April 24 - 27; Edgar Flowers, Jr., Chief Probation Officer, Juvenile Probation Dept., May 14 - 19; Sandra R. Hernandez, M.D., Director, Department of Public Health, April 25 - May 3; Dennis Herrera, Commissioner, Public Transportation Commission, April 10 - 14; Clothilde Hewlett, Commissioner, Police Commission, April 17 - 20; Susan Lowenberg, President, City Planning Commission, April 6 - 14; Penney K. Magrane, Commissioner, Landmarks Preservation and Advisory Board, March 28 - April 5; Lee Ann Monfredini, Commissioner, Health Commission, April 5 - 7; Jane Morrison, President, Social Services Commission, April 17 - 21; Vincent J. Rovetti, Commissioner, Recreation and Park Commission, April 3 - 11; Douglas Wong, Commissioner, Police Commission, April 3 - 7, 1996.) The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Kaufman - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [MOU, Local 39, Amendment 3] Ordinance adopting and implementing the provisions of Amendment No. 3 to the Memorandum of Understanding between the International Union of Operating Engineers Stationary, Local 39 and the City and County of San Francisco to be effective for the period July 1, 1996 through June 30, 1998. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 093-95-028.02. [MOU, Local 798/Bargaining Unit 1, Amendment 1] Ordinance amending Ordinance No. 381-95 to implement the provisions of Amendment Number 1 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 1 and the City and County of San Francisco to be effective from the date of final Board approval through June 30, 1999. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 093-95-050.01. [MOU, Local 798/Bargaining Unit 1, Amendment 2] Ordinance amending Ordinance No. 381-95 to correct clerical errors by adopting and implementing the provisions of Amendment No. 2 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 1 and the City and County of San Francisco to be effective July 1, 1995 through June 30, 1999. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 093-95-050.02. [MOU, Local 798/Bargaining Unit 2, Amendment 1] Ordinance amending Ordinance No. 382-95 to implement the provisions of Amendment No. 1 to the Memorandum of Understanding between the San Francisco Fire Fighters Union local 798, IAFF, AFL-CIO for Bargaining Unit 2 and the City and County of San Francisco to be effective from the date of final Board approval through June 30, 1999. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 093-95-051.01. [MOU, Local 798/Bargaining Unit 2, Amendment 2] Ordinance amending Ordinance No. 382-95 to correct clerical errors by adopting and implementing the provisions of Amendment Number 2 to the Memorandum of Understanding between the San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO for Bargaining Unit 2 and the City and County of San Francisco to be effective July 1, 1995 through June 30, 1999. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 093-95-051.02. [Appropriation, 911 CAD Interim System] Ordinance appropriating $5,337,594, Police Department, for purchase and installation of an interim Computer Aided Dispatch (CAD/911) System including professional services, services of other departments and overtime; funded from the General Fund Reserve (established from the 1994-95 one time accounting adjustment). Supervisor Shelley presented. Referred to Budget Committee with request it be considered at the April 24, 1996 meeting. File 101-95-074. [MOU, Local 580] Ordinance implementing the provisions of a Memorandum of Understanding between the Cement Masons Union, Local 580 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-003. [MOU, Local 718] Ordinance implementing the provisions of a Memorandum of Understanding between the Glaziers, Architectural Metal and Glass Workers Union, Local 718 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-004. [MOU, Local 4] Ordinance implementing the provisions of a Memorandum of Understanding between the International Brotherhood of Painters and Allied Trades, Local 4 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-005. [MOU, Institutional Police Officers Association] Ordinance implementing the provisions of a Memorandum of Understanding between the San Francisco Institutional Police Officers Association and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-007. [MOU, Local 377] Ordinance implementing the provisions of a Memorandum of Understanding between the Ironworkers-Bridge, Structural Ornamental and Reinforced, Local Union 377 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1977. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-008. [MOU, Local 34] Ordinance implementing the provisions of a Memorandum of Understanding between the Pile Drivers, Divers, Carpenters, Bridge, Wharf & Dock Builders, Local Union No. 34 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-009. [MOU, Local 38] Ordinance implementing the provisions of a Memorandum of Understanding between the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, Local Union No. 38 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-010. [MOU, Local 16] Ordinance implementing the provisions of a Memorandum of Understanding between the International Alliance of Theatrical Stage Employees & Moving Picture Machine Operators of the United States and Canada, Local 16 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-011. [MOU, Local 40] Ordinance implementing the provisions of a Memorandum of Understanding between the Roofers, Local 40 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-012. [MOU, Local 22] Ordinance implementing the provisions of a Memorandum of Understanding between the Bay Counties District Council of Carpenters, Carpenters, Local 22 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-013. [MOU, Local 261] Ordinance implementing the provisions of a Memorandum of Understanding between the Laborers International Union of North America, Local 261 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-014. [MOU, Local 1414] Ordinance implementing the provisions of a Memorandum of Understanding between the Peninsula Automotive Mechanics Lodge, No. 1414, International Association of Machinists & Aerospace Workers, AFL-CIO and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-015. [MOU, Local 3, Operating Engineers] Ordinance implementing the provisions of a Memorandum of Understanding between the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-016. [MOU, Local 36] Ordinance implementing the provisions of a Memorandum of Understanding between the Bricklayers, Stone Masons Terrazza Mechanics, Marble Masons, Pointers, Caulkers and Cleaners, Local 3/Hodcarriers, Local 36 and the City and County of San Francisco. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-017. [MOU, Local 3, Supervising Probation Officers] Ordinance implementing the provisions of a Memorandum of Understanding agreement between Operating Engineers Local 3 bargaining for Supervising Probation Officers and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-018. [MOU, Local 66] Ordinance implementing the provisions of a Memorandum of Understanding between the Plasterers and Shophands, Local 66 and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-019. [MOU, Unrepresented Employees] Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section 8.409 of the Charter in classes not represented by an employee organization, and establishing working schedules and conditions of employment and methods of payment, effective July 1, 1996. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the April 22, 1996 meeting. File 093-96-020. [Rent Stabilization] Draft ordinance amending Administrative Code Section 37.9 regarding Evictions and adding Section 37.9B to provide for tenant rights in evictions under Section 37.9(a)(8). Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 109-96-001. [Sexual Harassment] Ordinance amending Administrative Code Section 12B.1 and 12B.2 to prohibit discrimination and sexual harassment of city employees and members of the public. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee. File 097-96-018. [Former Charter Provisions] Ordinance amending Administrative Code by adding Sections 1.49, 2.1-1, 2.6-4, 2.6-5, 2A.10, 2A.14, 2A.18, 2A.19, 2A.20, 2A.70, 2A.30, 2.6-6, 2A.50, 2A.51, 2A.75, 2A.76, 2A.77, 2A.78, 2A.79, 2A.80, 2A.81, 2A.90, 2A.91, 2A.92, 2A.93, 2A.94, 2A.95, 2A.96, and 2A.97, to codify Sections 1.103, 2.101, 2.203, 2.203-3, 3.100, 3.201, 3.301, 3.302, 3.303, 3.402, 3.501, 3.502, 3.523, 3.529, 3.531, 3.533, 3.534, 3.535, 3.537, 3.538, 3.539, 3.540, 3.541, 3.542, 3.543, 3.544, 3.545, 3.546 and 3.547 of the 1932 Charter, respectively and to make necessary changes to conform to the 1996 Charter. Supervisor Kaufman presented. Referred to the Select Committee on Charter Implementation with request it be considered at the April 23, 1996 meeting. File 097-96-019. [Garment Manufacturers' Tax Credit] Ordinance amending Part III of the Municipal Code by adding Sections 906C and 1005.7 to grant a tax credit, not to exceed $20,000, against the payroll expense tax and the business tax on gross receipts, to garment manufacturers with gross receipts of not more than $5 million that reinvest in technical equipment or employee retraining, as specified, operative January 1, 1997, and expiring December 31, 2001. Supervisor Teng presented. Referred to Budget Committee. File 127-96-004. Referred to Board [Asian Pacific American Heritage Month] Resolution establishing May 1996 as Asian Pacific American Heritage Month in San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 004-96-010. [Commending Kimochi, Inc.] Resolution commending Kimochi, Inc. for its twenty-five years of dedication and commitment to providing quality care for the elderly and proclaiming May 5, 1996 as "Kimochi" Day. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 006-96-047. [Take Our Daughters to Work Day] Resolution supporting, commending, and urging participation in "Take Our Daughters To Work Day," which empowers young girls to explore new career choices, introduces them to the workplace, and prepares them for the future by building confidence and skills. Supervisor Teng presented. Referred to Board for Adoption Without Committee reference Calendar April 22, 1996. File 006-96-048. [International AIDS Candlelight Memorial] Resolution supporting the Thirteenth International AIDS Candlelight Memorial and Mobilization, and commending Mobilization Against AIDS for its outstanding work in coordinating the International AIDS Candlelight Memorial and Mobilization. Supervisors Alioto, Ammiano, Hsieh, Leal, Kaufman, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 006-96-049. [Commending Bethany Center] Resolution acknowledging and commending Bethany Center for its care of senior citizens, and congratulating residents of Bethany Center who have passed their 80th birthday. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 006-96-050. Referred to Committee [State Penal Code - Rape] Resolution urging the State Legislature to increase the penalties for the crime of rape as defined in State Penal Code Sections 264(a) and (b) and Penal Code Sections 186.22(a) and (b); and urging the Governor and the State Legislature to increase funding for rape prevention programs. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee with request it be considered at the May 2, 1996 meeting. File 012-96-021. [California Civil Code] Resolution urging the State Legislature to amend California Civil Code Section 1714.45 which immunizes tobacco manufactures from product liability lawsuits filed in the State of California. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 012-96-022. Referred to Board [Supporting State Proposition] Resolution urging the enactment by the voters of the Attorney-Client Fee Arrangements, Securities Fraud Initiative Statute. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 012-96-023. Referred to Committee [Rape - Treatment Services] Resolution urging his Honor, the Mayor, to support the Department of Public Health Adult Sexual Assault Services Planning Group's recommendations to develop an integrated sexual assault services system in the City and County of San Francisco; and urging the Mayor to urge the Health Commission to conduct an assessment of sexual assault services available to young women and girls in the City and County of San Francisco. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee with request it be considered at the May 2, 1996 meeting. File 030-96-009. [Election Results, March 26, 1996] Resolution declaring the results of the Municipal Election conducted March 26, 1996 in the City and County of San Francisco. Clerk of the Board presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. File 060-96-005. [Northeastern Waterfront Survey Area] Resolution amending Resolutions 141-77, 607-91 and 125-95 designating and describing the Northeastern Waterfront Survey Area by adding real property to said survey area. Supervisor Shelley presented. Referred to Housing and Land Use Committee. File 151-96-001. [Prevailing Wage Requirements] Resolution exempting from the prevailing wage provisions of Charter Section 7.204 a contract between the City and the San Francisco Conservation Corps to provide fire hazard reduction activities for the San Francisco Water Department. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 172-96-010. [Prevailing Wage Requirements] Resolution exempting from the prevailing wage provisions of Charter Section 7.204 a contract between the City and the San Francisco Conservation Corps to install bicycle racks for the Department of Parking and Traffic. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 172-96-011. [Class Action Lawsuit] Resolution urging the City Attorney to institute the class of cities, counties and municipalities lawsuit filed against the United States Tobacco Companies to recover the costs of caring for people with smoking-related illnesses. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 194-96-001. Motions: Referred to Board [Local Emergency, Needle Exchange Program] 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 presented. Referred to Board for Adoption Without Committee Reference Calendar April 22, 1996. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 036-96-003. [Zoning Map Amendment, 1118 Capitol Avenue] Ordinance amending Planning Code by adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property generally described as 1118 Capitol Avenue, Assessor's Block 6937, Lot 26, from an RH-1 (House, One-Family) District to an RH-2 (House, Two-Family) District and adopting findings pursuant to Planning Code Section 101.1. (Department of City Planning) (City Planning Resolution No. 14083, adopted 3/21/96.) (Exempt from environmental review per Certificate of Determination issued January 19, 1996.) Referred to Housing and Land Use Committee. File 046-96-007. [CCSF, v. Department of Health Services] Ordinance authorizing settlement of litigation of the City and County of San Francisco against the State Department of Health Services, for approval of Medi-Cal reimbursement claims. (Superior Court No. 962-505). (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-007 [Lease Modification, Port/Franciscan Restaurant] Ordinance approving third amendment to lease of real property between the Franciscan Restaurant and the City and County of San Francisco operating by and through the San Francisco Port Commission for restaurant and retail uses at Pier 43-1/2, Fishermans' Wharf. (Port) Referred to Government Efficiency/Labor Committee. File 097-96-016. [Art Enrichment] Ordinance amending Administrative Code by amending Section 3.13 to require two percent of estimated construction costs for art enrichment of public structures, parks and transportation improvement projects; restricting the application of the art enrichment ordinance to total construction costs rather than total project costs; providing for maintenance and conservation funds; allowing for aggregation of art enrichment funds; and increasing Arts Commission administrative fees. (Arts Commission) Referred to Budget Committee. File 101-95-072. [Appropriation, PUC-Hetch Hetchy] Ordinance appropriating $112,124, PUC-Hetch Hetchy, of Hetch Hethcy Operating Funds, to create and delete six (6) positions for fiscal year 1995-96; companion measure to File 102-95-18. RO #95187. (Controller) Referred to Budget Committee. File 101-95-073. [Appropriation, Redevelopment Agency] Ordinance appropriating $275,500, Redevelopment Agency, of Redevelopment Agency Revenue for salaries, professional services, and services of other departments to allow the CAO's Office to assist the Redevelopment Agency with urban design guidelines for the Mid-Embarcadero roadway replacement and open space projects for fiscal year 1995-96. RO #95186. (Redevelopment Agency) Referred to Budget Committee. File 102-95-018. [Salary Ordinance Amendment, PUC-Hetch Hethcy] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) Public Utilities, Hetch Hetchy project, reflecting the creation of six positions (Classifications 5630 Water & Power Analyst I (1); 5631 Water & Power Analyst II (1); 5633 Water & Power Specialist (3); 5634 Water & Power Manager (1); and the deletion of six positions (Classifications AA73 Water & Power Manager (1); AA74 Water & Power Specialist (3); AA75 Water & Power Analyst II (1); AA76 Water & Power Analyst I (1)); companion measure to File 101-95-72. (Department of Human Resources) Referred to Budget Committee. Resolutions Referred to Committee File 010-96-003. [Encroachment Permit, Golden Gate Ave/Larkin Street] Resolution granting revocable permission to the Clark Construction Group, Inc. to temporarily close and occupy the southerly sidewalk and a portion of the street area on Golden Gate Avenue, between Polk and Larkin Streets, and the westerly sidewalk and a portion of the street area on Larkin Street, between McAllister Street and Golden Gate Avenue during construction operations for the State Office Building Project at 455 Golden Gate Avenue and 350 McAllister Street (Block 765, Lots 2 & 3). (Department of Public Works) Referred to Housing and Land Use Committee. File 038-96-008. [Gift Acceptance, Wosser Estate] Resolution authorizing the San Francisco Public Library to accept and expend a gift from the estate of Margaret Frances Wosser not to exceed the amount of $10,000. (Public Library) Referred to Government Efficiency/Labor Committee. File 038-96-009. [Gift Acceptance, Recreation and Park] Resolution accepting one gift valued at $6,000.00, for use by the Recreation and Park Department. (Recreation and Park Department) Referred to Government Efficiency/Labor Committee. File 172-96-008. [Contract, DPH - University of Texas Medical Branch] Resolution authorizing the Director of Public Health to enter into a subcontract in the amount of $10,847 with the University of Texas Medical Branch at Galveston, the primary contractor, to provide reports and information for a study of Host Lymphocyte Resistance to HIV-1, including an agreement to indemnify the University of Texas Medical Branch at Galveston. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-009. [Contract, DPH - University of Washington] Resolution authorizing the Director of Public Health to execute a contract in the amount of up to $20,000 with the University of Washington to collect and submit San Francisco City and County STD/HIV prevention data, to the University of Washington for a study of the impact of health care reform on STD/HIV prevention activities, including an agreement to indemnify the University of Washington. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 192-96-002. [State Grant, Reduce Air Pollution, Motor Vehicles] Resolution authorizing the Executive Director of the Department of Parking and Traffic or his designee, to accept and expend $1,335,200 from the Transportation Fund for Clean Air in the Bay Area for programs and projects to reduce air pollution from motor vehicles. (Also see File 133-95-6) (Department of Parking and Traffic) 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 Shelley, that letter be sent to Director, Department of Parking and Traffic, requesting what steps the department will take to ensure that the neighbors affected by the Mayor's request for a temporary closure of the Central Freeway, particularly those on Balboa Street, Turk Street and Golden Gate Avenue, are closely involved in the planning process for re-routing traffic. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Robert Merrill (By Supervisor Shelley) Dan Cook (By Supervisors Kaufman, Leal) Gracia Buffleben (By Supervisor Leal) John Henry (By Supervisor Ammiano) File 2-96-15 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:05 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 May 6, 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 said Board on the date stated and was approved as recited. John L. Taylor Clerk of the Board of Supervisors