Board of Supervisors Minutes: July 15, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, July 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. CALLING THE ROLL In the absence of President Kevin Shelley, the meeting was called to order at 2:06 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present: Ayes: Supervisors Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 6. Noted absent at first roll call: Supervisors Alioto, Ammiano, Bierman, Leal, Shelley - 5. Quorum present. Supervisor Alioto was noted present at 2:06 p.m. Supervisor Ammiano was noted present at 2:05 p.m. Supervisor Bierman was noted present at 2:07 p.m. Supervisor Shelley was noted present at 3:11 p.m. Election of President Pro Tempore Following roll call of attendance by the Clerk, Supervisor Hsieh, seconded by Supervisor Yaki, moved that Supervisor Katz be appointed President Pro Tempore until the arrival of Supervisor Shelley. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 7. Absent: Supervisors Alioto, Bierman, Leal, Shelley - 4. Supervisor Leal Excused The Clerk stated Supervisor Leal requested to be excused from attending today's meeting because of illness. Supervisor Yaki, seconded by Supervisor Hsieh, moved to excuse Supervisor Leal. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 7. Absent: Supervisors Alioto, Bierman, Leal, Shelley - 4. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Yaki, moved that the Journal of Proceedings for Monday, June 3, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Suspension of the Rules Presentation of Guests Supervisor Yaki, seconded by Supervisor Teng, moved to suspend Section 4, Item 25, of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Colleen Queen for the purpose of introducing Councillor John Hurl who wished to address the Board. No objection and motion carried. Ms. Queen introduced the Honorable John Hurl, Councillor, Magherafelt District Council, County Derry, Ireland, (a position equal to a mayor). Councillor Hurl thanked the Board of Supervisors for their awareness and support of peace for Northern Ireland and for passing a resolution in support of Jimmy Smyth. CONSENT CALENDAR Recommendation of Rules Committee Finally Passed [Home Delivery Services] Ordinance amending Police Code, relating to home delivery services. Sponsor Supervisor Shelley. File 121-96-8.1, Ordinance No. 295-96 (Amends Section 3305.1.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Shaffer v. CCSF] Ordinance authorizing settlement of litigation of Shaffer v. City and County and the City's sale of Assessor's Block 4093, Lot 92. (City Attorney) File 45-96-37, Ordinance No. (Superior Court No. 881-639.) Passed for second reading. [Scott Maynard v. CCSF et al.] Ordinance authorizing settlement of litigation of Scott Maynard against the City and County by payment of $262,500. (City Attorney) File 45-96-38, Ordinance No. (U.S. District Court Case No. C-95-04506 WHO.) Passed for second reading. [Settlement of Union Grievance] Ordinance authorizing settlement of the union grievance filed by SEIU, Local 790 on behalf of Carolyn Jeffrey regarding her termination from the Department of Public Health - General Hospital, by payment of $14,217.33. (City Attorney) File 45-96-39, Ordinance No. Passed for second reading. [CCSF v. Donna E. Shalala] Ordinance authorizing settlement of litigation of City and County against Donna E. Shalala, Secretary of Health and Human Services, for additional Medicare reimbursement. (City Attorney) File 46-96-9, Ordinance No. (U.S. District Court Case No. C95-4150 MHP.) Passed for second reading. Adopted [Prop J Contract, Budget Analyst Services] Resolution concurring with the Controller's certification that services of the Budget Analyst can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Clerk of the Board) File 25-96-13, Resolution No. 639-96 Adopted. [Lease of Property at 760 Harrison Street] Resolution authorizing a lease of real property at 760 Harrison Street, San Francisco, for the South of Market Mental Health Service Clinic of the Mental Health Division of Department of Public Health. (Department of Public Health) File 64-96-9, Resolution No. 644-96 Adopted. [Lease of Property at 635 Potrero Avenue] Resolution authorizing lease of real property at 635 Potrero Avenue for the Department of Public Health. (Real Estate Department) File 64-96-10, Resolution No. 645-96 Adopted. [Grant - Art Commission] Resolution authorizing the Art Commission to retroactively apply for, accept and expend $20,000 of California Art Council grant funds to implement a new Collaborative Arts Education Project in Latin American Arts and Culture in partnership with the Mission Cultural Center for Latino Arts and five schools of the San Francisco Unified School District, waiving the 2% associated indirect costs. Sponsors Supervisors Yaki, Leal, Alioto. File 132-96-2, Resolution No. 650-96 Adopted. [Grant - State, 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 (5%) 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". Sponsor Supervisor Alioto. File 143-96-2, Resolution No. 653-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Government Efficiency and Labor Committee Finally Passed [Bay Area Cellular Telephone Company Transmitter Lease] Ordinance authorizing and approving a lease of cellular transmitter space in Fire Department Headquarters to Bay Area Cellular Telephone Company (BACTC). (Real Estate Department) File 65-96-9, Ordinance No. 294-96 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Recommendations of Rules Committee Finally Passed [Telecommunications Commission] Ordinance amending Administrative Code, to create a Department of Telecommunications and Information Services, a Telecommunications Commission, and a Telecommunications Plan and to transfer certain functions regarding cable television franchises from the Chief Administrative Officer to the Department of Telecommunications and Information Services and to limit the duration of new cable television franchises to ten years. Sponsors Supervisors Bierman, Ammiano, Alioto. File 97-95-34, Ordinance No. 293-96 (Adds Sections 11.50, 11.51, 11.52, 11.53, 11.54, 11.55, 11.45 and 11.46.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Ordered Submitted [Charter Amendment, Retiree COLA Proposal] Charter amendment (Fourth Draft) amending the charter by adding Section A8.526-1 relating to a supplemental cost of living benefit for retirees and their survivors. Sponsors Supervisors Bierman, Teng. File 246-96-1 (July 8, 1996 - Consideration continued to July 15, 1996.) Fourth Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Charter, Board of Supervisors Compensation] Charter amendment (Second Draft) amending Section 2.100 to set the salary for members of the Board of Supervisors at $50,000 per year and by adding Section A8.502-1 to make members of the Board of Supervisors members of the Retirement System. Sponsors Supervisors Ammiano, Bierman, Teng. File 249-96-1 (Fiscal Impact.) (July 8, 1996 - Consideration continued to July 15, 1996.) Second Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Charter, Firefighters Retirement Benefits] Charter amendment (Third Draft) amending Appendix A8.588 relating to retirement benefits for firefighters. Sponsors Supervisors Shelley, Alioto, Teng. File 253-96-1 (July 8, 1996 - Consideration continued to July 15, 1996.) Third Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Alioto, Teng requested to be added as co-sponsors. [Charter Amendment, Consent Decrees] Charter amendment (Second Draft) amending Sections 10.102 relating to the hiring and promotion of uniformed members of the San Francisco Police and Fire Departments. Sponsors Supervisors Shelley, Alioto, Teng, Bierman, Ammiano, Katz, Brown. File 257-96-1 (July 8, 1996 - Consideration continued to July 15, 1996.) Second Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Alioto, Teng, Bierman, Ammiano, Katz, Brown requested to be added as co-sponsors. NEW BUSINESS Recommendations of Budget Committee Adopted [Annual Budget] Annual Budget for the City and County of San Francisco for fiscal year 1996-97. (Mayor) File 100-96-1 (Administrative Code Section 3.5 provides the Board shall adopt the budget not earlier than July 15, 1996 nor later than July 26, 1996.) Supervisor Ammiano, seconded by Supervisor Bierman, moved to amend the budget to restore 27 supervising nurses' positions at Laguna Honda Hospital. Supervisor Bierman, seconded by Supervisor Alioto, moved substitute amendment to reduce the number from 27 to 17 positions by cutting one assistant director, four nursing supervisors and five head nurses. After a period of debate, the roll was called on the substitute amendment and it was refused adoption by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Katz, Shelley - 5. Noes: Supervisors Brown, Hsieh, Kaufman, Teng, Yaki - 5. Absent: Supervisor Leal - 1. There being no objection, Supervisor Ammiano withdrew his pending amendment. The annual budget was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. Passed for Second Reading [Annual Appropriation Ordinance, Fiscal Year 1996-97] Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for fiscal year ending June 30, 1997; companion measure to File 100-96-1. (Mayor) File 101-96-2, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. [Annual Salary Ordinance Fiscal Year 1996-97] An ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the fiscal year ending June 30, 1997, continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor. (Department of Human Resources) File 102-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. Adopted [Redevelopment Agency Budget and Bonds] Resolution approving the Budget of the Redevelopment Agency for fiscal year 1996-97; approving the issuance by the Agency of bonds in an aggregate principal amount not to exceed $43,000,000 for the purpose of financing redevelopment activities in fiscal year 1996-97; and providing quarterly reports. (Redevelopment Agency) File 161-96-4, Resolution No. 654-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Passed for Second Reading [Special Election] Ordinance calling and providing for a Special Election to be held in the City and County of San Francisco on Tuesday, November 5, 1996, for the purpose of submitting to the voters of the City and County of San Francisco propositions to incur the following bonded debts of the City and County: (1) $73,300,000 for the acquisition, construction and/or reconstruction of a new museum facility to replace the De Young Museum; and (2) $100,000,000 for the financing of the low-income housing and down-payment assistance to low and moderate first-time homebuyers; and that the estimated cost of said projects is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated costs of such projects; fixing the date of election and the manner of holding such election and the procedure for voting for or against the propositions; fixing the maximum rate of interest on said bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; consolidating the Special Election with the General Election; and providing that the election precincts, voting places and officers for election shall be the same as for such General Election. Sponsors Supervisors Shelley, Leal, Alioto, Yaki, Katz, Brown, Teng. File 60-96-6, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. In connection with the above item, Supervisors Alioto, Yaki, Katz, Brown, Teng requested to be added as co-sponsors. [Possessory Interest Taxes] Ordinance amending Administrative Code, to provide that all agreements for private use of City property include an acknowledgment of the private party's potential liability for possessory interest taxes unless the Board of Supervisors specifically authorizes and approves the City's assumption of any such liability and relating to reports to the Assessor. Sponsors Supervisors Ammiano, Teng. File 97-96-11.1, Ordinance No. (Adds Sections 6.63-1, 6.63-2 and amends Chapter 23 to refer to these new sections.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Environmental Review Fees] Ordinance amending Administrative Code, to extend the September 30, 1996 Sunset Clause to September 30, 1997, and adjust fees currently charged for Environmental Review actions, activities, and procedures. (Planning Department) File 97-96-32, Ordinance No. (Fiscal Impact.) (Amends Section 31.46A.) (Exemption from environmental review per Public Resources Code Sec. 21080(b)(8).) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Planning Fees] Ordinance amending City Planning Code, to extend the September 30, 1996 Sunset Clause to September 30, 1997, impose new fees and adjust fees currently charged for Department of City Planning actions, activities, and services; companion measure to File 97-96-32. (Planning Department) File 115-96-6, Ordinance No. (Fiscal Impact.) (Amends Sections 350 et seq.) (City Planning Commission Resolution No. 14114.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Tax Collector - Administrative Fees] Ordinance amending Administrative Code, establishing fees for the administrative costs of the Tax Collector to process documents relating to tax bills. Sponsor Supervisor Hsieh. File 97-96-39, Ordinance No. (Adds Section 8.34-1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Parking Revenue Fund] Ordinance amending Traffic Code, to provide for the deposit of $7,600,000 in parking meter revenue into the General Fund relating to use of monies in parking meter revenue account concerning general fund amount, for fiscal year 1996-97, if available. Sponsor Supervisor Hsieh. File 124-96-5, Ordinance No. (Amends Section 213.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Adopted [Reimbursement for Moscone Bonds] Resolution declaring the official intent of the City and County to reimburse certain expenditures from proceeds of future indebtedness incurred for the acquisition and construction of additional Convention Center Facilities. (City Administrator) File 170-95-11.1, Resolution No. 636-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Sewer Emergency] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by performing the necessary work to replace structurally inadequate sewer in Hyde Street between Ellis and O'Farrell Streets, South Hill Boulevard between Winding Way and Chicago Way, the Sweeny Street easement between Sweeny Street and West View Avenue and Hallam Street at the Folsom Street Intersection - $257,913. (Department of Public Works) File 28-96-6, Resolution No. 640-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisor Leal, Shelley - 2. [Emergency Repair, Paceco Crane at Pier 80] Resolution approving a declaration of emergency for repair of broken boom on a crane at the Port of San Francisco's Pier 80 North Container Terminal (foot of Caesar Chavez Street). (Port Commission) File 28-96-7, Resolution No. 641-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Parking Rates] Resolution approving new parking rates for eight (8) City-owned parking facilities. (Department of Parking and Traffic) File 47-96-5, Resolution No. 643-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Sale of Surplus City-owned Property] Resolution confirming sale of surplus City-owned property, Assessor's Block 6203, Lot 2, 400 Campbell Street; Assessor's Block 513, Lot 15, 2475 Greenwich Street. (Real Estate Department) File 96-96-1, Resolution No. 648-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [MOU, Local 3, Amendment No. 1] Ordinance amending Ordinance No. 176-96 to correct clerical errors by adopting and implementing the provision of Amendment Number 1 to the Memorandum of Understanding between the Operating Engineers, Local 3 bargaining for Supervising Probation Officers and the City and County of San Francisco to be effective July 1, 1996 through June 30, 1997. (Department of Human Resources) File 93-96-18.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Colorado Product Ban Repeal] Ordinance amending Administrative Code, to remove restrictions prohibiting the City from purchasing any commodity manufactured or produced in the State of Colorado. Sponsors Supervisors Ammiano, Alioto, Bierman. File 97-96-37, Ordinance No. (Repeals Article XXI, Sections 10.240 through Section 10.247.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Adopted [Extension and Renewal of Lease] Resolution authorizing renewal and extension of a lease of real property at 3450 Third Street, Building A-1, San Francisco, for the comprehensive child crisis service of the Department of Public Health. (Real Estate Department) File 64-96-11, Resolution No. 646-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Lease of Property at 450 Seventh Street] Resolution authorizing a revocable license agreement for lease of property at 450 Seventh Street for the Police Department, providing for ratification of actions previously taken. (Real Estate Department) File 64-96-12, Resolution No. 647-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Grant - State, Adult Probation Drug Abatement] Resolution authorizing retroactively, the Chief Adult Probation Officer to apply for, accept and expend funds in the amount of $180,774 which includes indirect costs in the amount of $9,039 based on five percent of the total project, made available through the Office of Criminal Justice Planning for a project entitled "San Francisco Adult Probation's Drug Abatement Project. Sponsor Supervisor Alioto. File 130-96-1, Resolution No. 649-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Grant - State, Drug Abatement Project] Resolution authorizing retroactively, the District Attorney to apply for, accept, and expend funds in the amount of $317,421.00 made available through the Office of Criminal Justice Planning for a project entitled "San Francisco District Attorney's Drug Abatement Project", for the twelve month period July 1, 1996 through June 30, 1997. Sponsor Supervisor Alioto. File 138-96-6, Resolution No. 651-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisor Leal, Shelley - 2. [Grant - Major Narcotic Vendors Prosecution Program] Resolution authorizing retroactively, the District Attorney to apply for, accept, and expend funds in the amount of $135,501.00 made available through the Office of Criminal Justice Planning for a project entitled "San Francisco District Attorney's Office Major Narcotic Vendors Prosecution Program", for the twelve month period July 1, 1996 through June 30, 1997. Sponsor Supervisor Alioto. File 138-96-7, Resolution No. 652-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisor Leal, Shelley - 2. [State Child Care Contract] Resolution authorizing retroactively, the execution of a contract between the City and County and the State of California Department of Education in the amount of $130,047 for participation by the City and County in the State's Child Care and Development Program for fiscal year 1995-96. (Department of Human Services) File 172-96-17, Resolution No. 655-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Mutual Indemnification Agreement, SFCCD/DPH] Resolution authorizing retroactively, the Director of Health to execute an agreement, including mutual indemnification, with the San Francisco Community College District, in regard to an agreement to provide educational services for the Department of Public Health's Childhood Lead Prevention Program. (Department of Public Health) File 172-96-21, Resolution No. 656-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. (Pursuant to the provisions of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate. In accordance therewith, consideration of the following proposed Charter amendments appropriately may be continued at least one week.) Recommendation of Rules Committee Consideration Continued [Charter, Collective Bargaining] Charter amendment (Fourth Draft) amending the charter by amending Sections 10.100, 10.101, A8.405, A8.409 through A8.409-6, and A8.590-1 through A8.590-7, amending Sections A8.343, A8.403, A8.404 and 11.100, and adding Sections 10.106, 11.100(a), 11.102, 11.103 and 11.104, concerning compensation of elected officials, collective bargaining and civil service reform. Sponsors Supervisors Shelley, Bierman. File 252-96-1 Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to July 22, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. From Rules Committee Without Recommendation Consideration Continued [Charter, At-large Election, Preference Voting] Charter amendment (Third Draft) amending Sections 2.100 and 2.116 governing the composition of the Board of Supervisors and the selection of the President of the Board and adding Sections 13.110 and 13.111 to provide for the at-large election of 11 supervisors, using preference voting and setting effective date of January 1, 2000. Sponsor Supervisor Ammiano. File 250-96-1 Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to July 22, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. [Charter, District Election, Preference Voting] Charter amendment (Third Draft) amending Sections 2.100, 2.116, 13.101, 13.102, 14.103 and adds Section 13.110 governing the composition of the Board of Supervisors and the selection of the President of the Board; governing terms of elective office, municipal runoff elections and recall of elective officers; to provide for the election of 11 supervisors from 11 districts and setting effective date of January 1, 2000. Sponsor Supervisor Ammiano. File 251-96-1 Supervisor Ammiano, seconded by Supervisor Bierman, moved to continue consideration to July 22, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9. Absent: Supervisors Leal, Shelley - 2. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. Recess The Board recessed at the hour of 3:17 p.m. to convene in closed session. Reconvening of the Board The Board at the hour of 4:19 p.m., reconvened. Calling the Roll The following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Noted absent: Supervisor Leal - 1. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). The meeting was informational only and no action was taken. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations in concerning potential litigation. Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, underground garage, Golden Gateway Center; Eula Walters, Ferry Park; Leboriae P. Smoore, police brutality, constitution of the poor. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [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 1-96-28, Resolution No. 659-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) (Mike Hennessey, Sheriff, June 28-July 12, 1996.) Adopted. [Commend Japanese Cultural/Community Center] Resolution commending the Japanese Cultural and Community Center of Northern California on the 10th Anniversary of the Opening of the Community Center and declaring July 21, 1996 at "JCCNC Day". Sponsors Supervisors Teng, Yaki, Bierman, Shelley, Alioto, Kaufman, Katz, Brown. File 6-96-104, Resolution No. 637-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Katz, Brown requested to be added as co-sponsors. [Pedestrian Preferred Crossing] Resolution urging the Parking and Traffic Commission and the Director of Parking and Traffic to consider the feasibility of installing pedestrian preferred crossing signals at the intersection of Castro and 18th Streets. Sponsors Supervisors Leal, Bierman, Alioto, Teng, Yaki, Katz, Brown. File 20-96-11, Resolution No. 638-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. In connection with the above item, Supervisors Teng, Yaki, Katz, Brown requested to be added as co-sponsors. [Healthy Cities] Resolution supporting the San Francisco Healthy Cities Tenderloin Family Health Care Project. Sponsors Supervisors Ammiano, Bierman, Alioto, Kaufman, Teng, Yaki, Katz, Brown. File 30-96-14, Resolution No. 642-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Teng, Yaki, Katz, Brown requested to be added as co-sponsors. [YWCA Chinatown Center] Resolution urging the YWCA Board of Directors to grant a 60-day extension to the Chinese community to solicit interest from community based entities to utilize the 965 Clay Street YWCA building for the community. Sponsors Supervisors Teng, Bierman, Ammiano, Katz, Alioto, Shelley, Kaufman, Yaki, Brown. File 258-96-1, Resolution No. 657-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Yaki, Brown requested to be added as co-sponsors. [Western Addition YWCA Building] Resolution recognizing the historical significance and the contributions of the Japanese community to the Western Addition YWCA building and urging the YWCA Board of Directors to negotiate a sale of the building with a community-based entity to serve the needs of the Japantown and Western Addition communities. Sponsors Supervisors Teng, Yaki, Brown, Bierman, Ammiano, Katz, Alioto, Shelley, Kaufman. File 258-96-2, Resolution No. 658-96 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown. File 30-96-1.13 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996.) Adopted. [Final Map, 74 Brady Street] Motion approving final map of 74 Brady Street, a Live/Work Condominium Project, being a merger and resubdivision of Lots 14-16 in Assessor's Block No. 3504, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-21 (July 8, 1996 - Introduced in Board for consideration on July 15, 1996. Adopted. [Final Map, 241 and 245 5th Street/375-393 Tehama Street] Motion approving final map of 241 and 245 5th Street/375-393 Tehama Street, a Mixed-Use Condominium Project, being a resubdivision of Lot 58 in Assessor's Block 3733, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-22 (July 8, 1996 - Introduced in Board for consideration on July 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, Brown, Hsieh, Katz, Kaufman, Shelley, Teng, Yaki - 10. Absent: Supervisor Leal - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [City Contracts Domestic Partner Benefits] Substitute ordinance amending Administrative Code by amending Sections 12B.1, 12B.2, 12C.1 and 12C.2 to require any party contracting with the City to provide the same benefits to domestic partners that it provides to spouses and to define domestic partner and benefits. Supervisors Ammiano, Bierman, Alioto, Katz presented. Referred to Government Efficiency/Labor Committee. File 097-96-033. [Former Charter Provisions] Ordinance amending Administrative Code by adding Sections 2.6-4, 2.6-5, 2A.70, 2.6-6, 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 and 2A.96, codify Sections 2.203, 2.203-3, 3.402, 3.502, 3.529, 3.531, 3.535, 3.537, 3.538, 3.539, 3.540, 3.541, 3.542, 3.543, 3.544, 3.545 and 3.546 of the 1932 Charter, respectively, and make necessary changes to conform to the 1996 Charter; adding Section 2A.76 relating to the creation of new ranks in the Police Department; and repealing former Charter Section 3.301, relating to the powers of the Controller; former Charter Section 3.523 relating to consultants to the Planning Commission and former Charter Section 3.547 relating to removal of structures during a conflagration. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered on July 23, 1996. File 097-96-042. [Affinity Credit Card Program] Ordinance authorizing the City Administrator to negotiate directly with the San Francisco Convention and Visitors Bureau, without competitive bidding, for the development and operation of the San Francisco Affinity Credit Card Program and implementation thereunder, including the selection by the San Francisco Convention and Visitors Bureau of private companies providing services in connection therewith. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee. File 186-96-004. Referred to Board [Commend Filipino American Arts Exposition] Resolution commending the Third Annual Filipino American Arts Exposition and declaring August 24th as "Filipino American Arts Exposition Day". Supervisors Teng, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 22, 1996. File 006-96-105. [Commend Rex Wong/Margaret Kong] Resolution congratulating Rex Wong and Margaret Kong on the honorous occasion of their wedding ceremony. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar July 22, 1996. File 006-96-106. [Commend Chang-Lin Tien] Resolution commending Dr. Chang-Lin Tien, Chancellor of the University of California at Berkeley, on his outstanding leadership and service and wishing him well in his future endeavors. Supervisors Hsieh, Teng, Yaki, Ammiano, Alioto, Brown, Katz, Kaufman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 22, 1996. File 006-96-107. [Opposing Senate Bill 1695] Resolution opposing Senate Bill 1695, Family Day Care Bill. Called from Government Efficiency/Labor Committee by Supervisor Teng, with direction to schedule for Board meeting of July 22, 1996. File 012-96-025. [Gift Acceptance] Resolution authorizing the Director of Public Health to accept on behalf of the City a generous gift of services from the San Francisco Foundation to make the logistical arrangements for the City's Health Summit. Supervisors Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar July 22, 1996. File 038-96-012. [Health Maintenance Organizations] Resolution urging health maintenance organizations who enroll members in the City and County of San Francisco to recognize and reimburse health care providers for the higher costs associated with the treatment of HIV disease and AIDS. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar July 22, 1996. File 078-96-003. Referred to Committee [Barbary Coast Trail] Resolution designating 3.8 miles of public rights of way between the old Mint at Fifth and Mission Streets and Aquatic Park as eligible for installation of commemorative plaques, pursuant to Public Works Code Section 789.2(a), in order to identify points of interest along the historic trail to be known as the Barbary Coast Trail. Supervisors Kaufman, Alioto presented. Referred to Housing and Land Use Committee. File 200-96-007. Requests for Hearings: [Bus Shelter] Hearing to consider feasibility of installing a bus shelter at 225 30th Street. Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 007-96-003. [Diesel Bus Idling] Hearing to consider the practice by Municipal Railway of allowing diesel buses to idle for up to four hours and the impact it has on the environment. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 007-96-004. [Federal Immigration Legislation] Hearing to consider status of federal legislation regarding requirements for local governments to verify and report immigration status and restriction of immigrants' access to government programs, including social services, health services and education and assessing the City and County's response to and implementation of any such new provisions. Supervisor Teng presented. Referred to Economic Vitality/Social Policy Committee. File 013-96-030. [Crane Safety] Hearing to consider crane safety in the City and County of San Francisco. Supervisor Katz presented. Referred to Housing and Land Use Committee. File 114-96-002. [Municipal Railway Management Audit] Hearing to consider the July 1996 management audit of the Municipal Railway. Supervisors Hsieh, Alioto presented. Referred to Budget Committee. File 165-96-004. [Labor Issues] Hearing to consider employment discrimination at NORCAL. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 176-96-004. [Traffic Light, 30th and Dolores Streets] Hearing to consider the feasibility of installing a traffic light at 30th and Dolores Streets. Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 190-96-004. [Bufano Statue] Hearing to consider urging the Arts Commission to find a more suitable placement for the Bufano statue, "Peace; Mother of All Nations" being relocated from the San Francisco International Airport. Supervisors Ammiano, Bierman, Alioto presented. Referred to Government Efficiency/Labor Committee. File 197-96-003. [Bayview Opera House] Hearing to consider problems performing artists have had in gaining access to the Bayview Opera House and Ruth Williams Memorial Theater. Supervisor Alioto presented. Referred to Government Efficiency/Labor Committee. File 197-96-004. [Mansions Hotel] Hearing to consider the closure of the Mansions Hotel. Supervisors Alioto, Kaufman presented. Referred to Health/Public Safety/Environment Committee. File 259-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 027-96-009. [Airport Lease Modification, FAA] Ordinance approving modification of lease number DFTA08-95-L-14707 between Federal Aviation Administration and City and County of San Francisco, acting by and through its Airports Commission. (Also see File 27-96-1). (Airports Commission) Referred to Government Efficiency/Labor Committee. File 034-96-007. [Changing Width of Sidewalk] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section No. 1527 changing the official sidewalk widths on Church Street between 24th and Jersey Street, on Church Street between 24th Street and Elizabeth Street, on 24th at Church Street, on Church Street between 29th Street and Day Street, on Day Street at Church Street, on Church Street between Day Street and 30th Street, on Taraval Street and 22nd Avenue, on 22nd Avenue between Santiago Street and Taraval Street, on Ocean Avenue and Ashton Avenue, and on San Jose Avenue north of Seneca Avenue, collectively known as MUNI Keystop Phase "C", and a shown on the Department of Public Works drawings labeled Q-20-446, Q-20-447, Q-20-449 through Q-20-456, inclusive and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 097-96-040. [Department of Human Services Membership] Ordinance amending Administrative Code Section 16.6-11 relating to Department of ((Social Services)) to Human Services membership in the Child Welfare League of America. (Department of Human Services) Referred to Budget Committee. Resolutions Referred to Committee File 010-96-005. [Encroachment Permit, Brotherhood Way] Resolution granting revocable permission to the San Francisco Art Commission to relocate a sculpture by Benjamin Bufano entitled "Peace" from its current location at San Francisco International Airport to a site within the landscaped street right-of-way on the northerly side of Brotherhood Way and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 030-95-011.02. [Patient Rates] Resolution fixing patient rates for services furnished by City and County health care institutions; authorizing retroactively the effective date of July 1, 1996; and rescinding Resolution No. 620-95. (Department of Public Health) Referred to Budget Committee. File 038-96-011. [Gift Acceptance, DPH-Laguna Honda Hospital] Resolution authorizing the Department of Public Health, Laguna Honda Hospital, to accept and expend a gift of cash and shares of stock in the value of up to $80,565.35 bequeathed to Laguna Honda Hospital through the Last Will and Testament of Ermeth M. Dirovizza, to be expended for "the specific use of patients' activities on holidays". (Department of Public Health) Referred to Government Efficiency/Labor Committee File 040-96-017. [Residential Parking Area "S", Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-018. [Residential Parking Area "U", South of Market] Resolution amending the boundaries of Residential Permit Parking Area "U" in the South of Market Area. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-019. [Residential Parking Area "J", Sunset/Parnassus] Resolution extending the boundaries of Residential Permit Parking Area "J" in the Sunset/Parnassus Heights Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 048-96-021. [Settlement of Claim, Alex Konstantinoff] Resolution approving the settlement of the unlitigated claim of Alex Konstantinoff by payment of $13,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 172-96-023. [Medical Services Contract] Resolution authorizing the Director of Public Health to execute an agreement, including indemnification, with the regents of the University of California, for the provision of medical services to Medi-Cal beneficiaries by Community Public Health Services clinic physicians. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 188-96-001.01. [Water Dept. Bernal Heights Statute of Limitations] Resolution authorizing City Attorney to negotiate and enter into agreement with Alameda County and the City of Pleasanton to extend the statute of limitations for lawsuit, if any, related to land use entitlements for the San Francisco Water Department's Bernal property. (Public Utilities 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 Katz, that City Attorney prepare ordinance indicating that money obtained from the sale of Public Utilities Commission land parcels will be used to buy watershed property if the parcels are sold to another public entity or for public use. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Mary Jane Conner Sponsor Supervisor Bierman. Melvin Belli (By the entire Board) Herman Koenig Sponsor Supervisor Katz. File 2-96-29 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:09 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 Approved by the Board of Supervisors on August 12, 1996. I, John L. Taylor, Clerk of the Board of Supervisors of the City and County of San Francisco, hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors