Board of Supervisors Minutes: July 22, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, July 22, 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 2:22 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Katz - 1. Quorum present. Supervisor Katz was noted present at 2:24 p.m. APPROVAL OF JOURNAL There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Kaufman, moved that the Journal of Proceedings for Monday, June 10, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Suspension of the Rules Presentation Made Supervisor Alioto, seconded by Supervisor Yaki, moved to suspend the rules for the purpose of presenting a Certificate of Honor. No objection and motion carried. Supervisor Alioto introduced, welcomed and presented a Certificate of Honor to Ben Carlson for his participation in the International AIDS Candlelight Memorial. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. (Mayor) File 101-96-2, Ordinance No. 297-96 (Fiscal Impact.) Finally passed. [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. 298-96 Finally passed. [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. 304-96 (Adds Sections 6.63-1, 6.63-2 and Amends Chapter 23 to refer to these new sections.) Finally passed. [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. 305-96 (Fiscal Impact.) (Amends Section 31.46A.) (Exemption from environmental review per Public Resources Code Sec. 21080(b)(8).) Finally passed. [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. 308-96 (Fiscal Impact.) (Amends Sections 350 et seq.) (City Planning Commission Resolution No. 14114.) Finally passed. [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. 307-96 (Adds Section 8.34-1.) Finally passed. [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. 309-96 (Amends Section 213.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 299-96 (Superior Court No. 881-639.) Finally passed. [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. 300-96 (U.S. District Court Case No. C-95-04506 WHO.) Finally passed. [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. 301-96 Finally passed. [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. 302-96 (U.S. District Court Case No. C95-4150 MHP.) Finally passed. [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. 303-96 Finally passed. [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. 306-96 (Repeals Article XXI, Sections 10.240 through 10.247.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Budget Committee Finally Passed [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. 296-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Appointment of President Pro Tempore At the request of the President, Supervisors Yaki and Kaufman assumed the Chair at different times during the meeting. Recess The Board, at the hour of 5:20 p.m. took a brief recess. Reconvening of the Board The Board, at the hour of 6:07 p.m. reconvened. Calling the Roll On call of the roll the following Supervisors were noted presented: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 9. Noted absent: Supervisors Bierman, Yaki - 2. Supervisor Bierman was noted present at 6:10 p.m. Recommendation of Rules Committee Consideration Continued as Amended [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. Charter amendment (Fifth Draft) amending the charter concerning collective bargaining relating to retirement and health benefits; abolishing and creating the Civil Service and Employee Relations Commission; and making managerial employees at-will, exempt positions with exceptions (deletes Section 10.100; amends Sections A8.343, A8.403, A8.404, A8.409-1, A8.409-3, A8.409-4, A8.409-5, A8.590-4, A8.590-5, A8.590-6, A8.590-7, 11.100; adds Sections 11.103, 11.104). File 252-96-1 (July 15, 1996 - Consideration continued to July 22, 1996.) Supervisor Shelley, seconded by Supervisor Teng, moved an Amendment of the Whole entitled, "Charter amendment (Fifth Draft) amending the charter concerning collective bargaining relating to retirement and health benefits; abolishing and creating the Civil Service and Employee Relations Commission; and making managerial employees at-will, exempt positions with exceptions (deletes Section 10.100; amends Sections A8.343, A8.403, A8.404, A8.409-1, A8.409-3, A8.409-4, A8.409-5, A8.590-4, A8.590-5, A8.590-6, A8.590-7, 11.100; adds Sections 11.103, 11.104)." Amendment of the Whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Supervisor Kaufman, seconded by Supervisor Ammiano, moved to continue consideration as amended to Committee of the Whole July 29, 1996, at 3:00 p.m. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. Request Granted Supervisor Leal requested City Attorney to provide analysis on the Fifth Draft. Clerk directed to notify Director of Health Service System and Executive Director, Retirement System, of request that they appear July 29, 1996 to comment on the proposed charter amendment which would allow different employee groups to pull out of the City's Health Service System and Retirement System's plans and create their own programs. From Rules Committee Without Recommendation Ordered Submitted [Charter, District Election] Charter amendment (Third Draft) amending Sections 2.100, 2.116, 13.101, 13.102, 14.103 and adds Section 13.110 governing composition of the Board of Supervisors and 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 (July 15, 1996 - Consideration continued to July 22, 1996.) Third Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Katz, Shelley, Yaki - 7. Noes: Supervisors Brown, Kaufman, Leal, Teng - 4. [Charter, At-large Election, Preference Voting] Charter amendment (Third Draft) amending Sections 2.100 and 2.116 governing composition of the Board of Supervisors and selection of the President of the Board and adding Sections 13.110 and 13.111 to provide for at-large election of 11 supervisors, using preference voting and setting effective date of January 1, 2000. Sponsor Supervisor Ammiano. File 250-96-1 (July 15, 1996 - Consideration continued to July 22, 1996.) Third Draft ordered submitted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noes: Supervisor Bierman - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Department of Public Works] Ordinance appropriating $57,902,290, Department of Public Works, of 1996A City Hall Improvement Bond Fund proceeds for design and construction of non-seismic improvements at City Hall, for fiscal year 1995-96, placing a reserve of $43,524,203. (Controller) File 101-95-71, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Memberships - Board of Supervisors] Ordinance amending Administrative Code, to add to the list of organizations in which the Board of Supervisors provides representation for the City and County, the Urban Counties Caucus. File 97-96-31, Ordinance No. (Amends Section 16.6-1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Adopted [Transfer to General Fund] Resolution concurring with the Public Utilities Commission's fact finding that a fund surplus of $30,165,393 exists in the utilities which can be transferred to the General Fund. (Public Utilities Commission) File 100-96-5, Resolution No. 671-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Yaki - 9. Absent: Supervisors Shelley, Teng - 2. Recommendations of Rules Committee Adopted [Appointments, Advisory Council to Commission on the Aging] Resolution appointing members to the Advisory Council to the Commission on the Aging, terms expired, for new two-year terms ending March 31, 1997. (Rules Committee) File 92-95-41.2, Resolution No. 660-96 (Wende Chan, vice Gerrie Pearlin, Seat No. 20309; Arthur Hurwith, vice himself, Seat No. 20311.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointments, City-Wide Alcoholism Advisory Board] Resolution appointing members to the City-Wide Alcoholism Advisory Board, for unexpired portion of three-year term ending July 1, 1998; making findings waiving residency requirement. (Rules Committee) File 92-96-19, Resolution No. 667-96 (Carlos Martinez, vice Linda Hills, Seat No. 20615, professional, research or personal interest in alcoholism, resigned; Leon Winston, vice Otis Turner, Seat No. 20606, professional, research or personal interest in alcoholism, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointments, City-Wide Alcoholism Advisory Board] Resolution appointing members to the City-Wide Alcoholism Advisory Board, terms expired, for new three-year terms ending July 1, 1999. (Rules Committee) File 92-96-22, Resolution No. 668-96 (Donovan Barks, vice Philip Zamora, Seat No. 20601, professional, research, or personal interest in alcoholism; Heather Bostian, vice herself, Seat No. 20602, professional, research or personal interest in alcoholism.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointment, San Francisco Environment Commission] Resolution appointing member to the San Francisco Environment Commission, for three-year term ending May 12, 1998. (Rules Committee) File 92-96-38.2, Resolution No. 669-96 (Ximena Delgado, vice Loren Rosemond, Seat No. 26501, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointment, Lead Hazard, Citizens Advisory Committee] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Commission, for four-year term ending December 22, 1999; making findings waiving residency requirement. (Rules Committee) File 92-96-39.1, Resolution No. 670-96 (Catherine Drayton, vice Marc Delaney, Seat No. 26706, Mayor's Office of Housing, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointment, Planning Commission] Motion approving Mayor's appointment of Dennis Antenore to serve as member of the San Francisco Planning Commission. (Rules Committee) File 33-96-6 (July 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointment, Public Utilities Commission] Motion approving Mayor's appointment of Frank Cook to serve as member of the San Francisco Public Utilities Commission. (Rules Committee) File 33-96-7 (July 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Appointment, Director of Human Resources] Motion approving Mayor's appointment of Andrea Gourdine to serve as Director of the San Francisco Department of Human Resources. (Rules Committee) File 33-96-8 (July 5, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Executive Branch Reorganization] Motion approving Mayor's Plan, dated July 1, 1996, as amended July 15, 1996, to reorganize departments within the Executive Branch. (Clerk of the Board) File 88-96-1 (July 2, 1996 - Notice received from Mayor. Pursuant to Charter Section 4.132, such reorganization shall become effective 30 days after its issuance unless disapproved by the Board of Supervisors during that time.) (Telecommunications and Information Services; Administrative Services; Business and Economic Development; Clean Water Programs.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. Recommendation of Select Committee on Base Closures Adopted [Treasure Island Reuse Plan] Resolution authorizing and endorsing the submittal to the Federal Government a proposed draft reuse plan for the conversion of Naval Station Treasure Island, including a proposed conveyance plan and homeless assistance submission, as the preferred alternative for the purposes of initiating environmental analysis and meeting the requirements of federal base closure laws. (Mayor Brown, Supervisor Shelley) File 244-96-7, Resolution No. 672-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisor Shelley requested to be added as co-sponsor. 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). Sponsors Supervisors Leal, Katz. Supervisor Leal, seconded by Supervisor Katz, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Bierman, Shelley - 2. Recess The Board recessed at the hour of 3:45 p.m. to convene in closed session. Calling the Roll The following Supervisors were noted present: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Noted absent: Supervisors Alioto, Shelley, Yaki - 3. 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. Supervisor Kaufman, seconded by Supervisor Alioto, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Bierman, Shelley - 2. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, port garage, collective bargaining; Leonard Brackett, housing; Alexandra Apley, Innovative Housing; Sara Murphy, Innovative Housing; David Miles, Friday Night Skate; Ian John Carisi, Friday Night Skate; Male speaker, HUD ombudsman; Paul Pillitteri, Friday Night Skate; Howard Cohen, Friday Night Skate; Leboriae P. Smoore, police brutality, constitution for the poor; Art Howard, Friday Night Skate; Chris Duderstadt, Friday Night Skate; Male speaker, oppose Friday Night Skate; Wendy, police harassment; Zane Blaney, video cameras operating in Room 404; Louise Vaughn, Innovative Housing, public housing; Constance Kuruppu, Innovative Housing; Al Rose; Female speaker, Friday Night Skate. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. Called from Government Efficiency/Labor Committee by Supervisor Teng Adopted as Amended [Opposing Senate Bill 1695] ((Resolution opposing Senate Bill 1695, Family Day Care Bill.)) Sponsors Supervisors Teng, Bierman, Ammiano, Alioto, Leal. Resolution opposing Senate Bill 1695, Family Day Care Bill, to be voted upon August 8, 1996 at the California Assembly. File 12-96-25, Resolution No. 664-96 Supervisor Teng, seconded by Supervisor Ammiano, moved to amend title, and page two, line 18, by deleting "which will be heard before the Senate Health and Human Services committee on May 8, 1996" and insert "to be voted upon August 8, 1996 at the California Assembly". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Severed From For Adoption Without Committee Reference Calendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Commend Rex Wong/Margaret Kong] Resolution congratulating Rex Wong and Margaret Kong on the honorous occasion of their wedding ceremony and proclaiming July 25, 1996 as "Walter and Dianne Wong Day". Sponsors Supervisors Ammiano, Alioto, Bierman, Kaufman, Hsieh, Katz, Brown, Teng, Yaki, Leal. File 6-96-106, Resolution No. 661-96 (July 15, 1996 - Introduced in Board for consideration on July 22, 1996.) Supervisor Teng, seconded by Supervisor Leal, moved an Amendment of the Whole, entitled: "Resolution congratulating Rex Wong and Margaret Kong on the honorous occasion of their wedding ceremony and proclaiming July 28, 1996 as Walter and Dianna Wong Day." Amendment of the Whole adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. In connection with the above item, Supervisors Kaufman, Hsieh, Katz, Brown, Teng, Yaki, Leal requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Commend Filipino American Arts Exposition] Resolution commending the Third Annual Filipino American Arts Exposition and declaring August 24th as "Filipino American Arts Exposition Day". Sponsors Supervisors Teng, Alioto, Shelley, Bierman, Katz, Kaufman, Leal, Yaki. File 6-96-105, Resolution No. 673-96 (July 15, 1996 - Introduced in Board for consideration on July 22, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Yaki requested to be added as co-sponsors. [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. Sponsors Supervisors Hsieh, Teng, Yaki, Ammiano, Alioto, Brown, Katz, Kaufman, Shelley, Bierman, Leal. File 6-96-107, Resolution No. 662-96 (July 15, 1996 - Introduced in Board for consideration on July 22, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [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. Sponsors Supervisors Bierman, Alioto. File 38-96-12, Resolution No. 665-96 (July 15, 1996 - Introduced in Board for consideration on July 22, 1996.) Adopted. [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. Sponsors Supervisors Ammiano, Alioto, Bierman, Katz, Kaufman, Leal, Yaki. File 78-96-3, Resolution No. 666-96 (July 15, 1996 - Introduced in Board for consideration on July 22, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Yaki requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Leal, seconded by Supervisor Bierman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Leal, seconded by Supervisor Bierman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. [Imperative Resolutions] Adopted [Commend Ben Carlson] Resolution commending Ben Carlson for his outstanding contributions in the fight against the AIDS pandemic; and declaring Monday, July 22, 1996 as Ben Carlson Day in San Francisco. File 006-96-108, Resolution No. 663-96 Supervisors Alioto, Ammiano, Teng, Kaufman, Leal, Bierman, Katz, Hsieh, Yaki, Brown, Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Alioto, Shelley, Yaki - 3. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Campaign Consultant Regulation] Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 to require registration of and quarterly reporting by campaign consultants; prohibits campaign consultants from lobbying current and former clients who are local officeholders; and establish a voluntarily code of conduct for campaign consultants. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-044. Referred to Board [Commend Community Board Program] Resolution recognizing the contributions of the Community Board Program and commending the Program on achieving its 20th year of continuous service to the people of the City and County of San Francisco. Supervisors Leal, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 006-96-109. [Commend Chinese Christian Union] Resolution commending the Chinese Christian Union on their 80th Anniversary and declaring September 15, 1996 as "Chinese Christian Union Day". Supervisors Teng, Hsieh presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 006-96-110. [Commend Greater Geary Merchants Association] Resolution commending the Greater Geary Boulevard Merchants and Property Owners Association, Inc. on the occasion of its 50th Anniversary. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 006-96-111. [Commend Officer Samuel W. Watt] Resolution commending Officer Samuel (Sam) W. Watt for his thirty-one years of public service. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 006-96-112. [Homeowners Earthquake Insurance] Resolution urging the California State Legislature, the Insurance Commission, and the Governor to establish a California Earthquake Authority to operate on behalf of all residents of California; to offer equitable earthquake coverage to homeowners in Northern California and to offer an equitable rating structure for earthquake insurance. Supervisors Teng, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 012-96-039. [Top Brackets Initiative, Proposition 217] Resolution expressing the support of the San Francisco Board of Supervisors for the passage of Proposition 217 (Top Brackets Initiative). Supervisors Bierman, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 060-96-007. Referred to Committee [Grant, Federal Funds] Resolution authorizing the Mayor retroactively to apply for a grant for lead-based paint hazard reduction program from the U.S. Department of Housing and Urban Development for a total amount not to exceed six million dollars ($6,000,000) for a program authorized under the Department of Housing and Urban Development, and the Omnibus Consolidated Rescissions and Appropriation Act of 1996, Public Law Number 104-134; and including $60,000 of indirect costs associated with the acceptance of these grant funds. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee. File 068-96-005. Referred to Board [Metropolitan Transportation Commission] Resolution consenting to have Supervisor Tom Hsieh complete the remainder of his term as the Board's representative to the Metropolitan Transportation Commission. Supervisors Bierman, Kaufman, Leal, Ammiano, Yaki, Katz, Teng, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 092-96-040. Referred to Committee [Janitors, Local 87] Resolution urging the San Francisco Building Owners and Managers Association and the San Francisco Contractors Association to bargain in good faith in order to resolve their dispute with the SEIU Local 87 janitors and to avert a citywide strike in San Francisco. Supervisors Ammiano, Bierman, Yaki, Teng, Brown, Alioto, Leal, Katz, Shelley presented. Referred to Government Efficiency/Labor Committee. File 176-96-005. [Community Board Program] Resolution urging the Mayor and all City Department Heads to review all city programs and to make all appropriate referrals to the Community Board Program for the provision of low-cost, culturally sensitive alternative dispute resolution services. Supervisor Leal presented. Referred to Government Efficiency/Labor Committee. File 260-96-001. [Power Outage] Resolution urging Pacific Gas and Electric to launch a thorough investigation into the chronic power outages affecting the South of Market neighborhood. Supervisors Ammiano, Alioto presented. Referred to Health/Public Safety/Environment Committee. File 262-96-001. [General Plan Amendment] Resolution urging the Planning Commission to amend the General Plan (formerly, San Francisco Master Plan) Objective 18, Vehicle Circulation, Policy 18.5 to discourage non-recreational and non-local traffic in and around parks and along the shoreline recreation areas. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 271-96-001. Requests for Hearings: [Medical Centers] Hearing to consider the proposed merger of University of California San Francisco and Stanford University's Medical Centers to discuss the potential impacts on the environment, health care, employment and other related issues on San Francisco's residents and its government. Supervisors Bierman, Shelley presented. Referred to Housing and Land Use Committee with request it be considered on September 5, 1996. File 261-96-001. [Public Safety] Hearing to consider public safety issues in and around the Western Addition area. Supervisor Brown presented. Referred to Health/Public Safety/Environment Committee. File 207-96-007. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar July 29, 1996. File 030-96-001.14. [Off-site Committee Meeting] Motion ordering the September 1996 meeting of the Economic Vitality and Social Policy Committee to be held on September 10, 1996 at 5:30 p.m., at the Everett Middle School, 450 Church Street. Supervisors Teng, Katz, Brown presented. Referred to Rules Committee. File 054-96-006. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-040. [Jenice Cole v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jenice Cole against the City and County of San Francisco by payment of $12,000. (Municipal Court No. 114-424). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-041. [Edward Everett-Ronning v. CCSF, et al.] Ordinance authorizing settlement of litigation of Edward Everett-Ronning against the City and County of San Francisco by payment of $30,000. (Superior Court No. 965789). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-042. [Tracy Bridgewater v. CCSF, et al.] Ordinance authorizing settlement of litigation of Tracy Bridgewater against the City and County of San Francisco by payment of $18,000. (Superior Court No. 971-635). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-043. [Gary Sargent v. CCSF, et al.] Ordinance authorizing settlement of litigation of Gary Sargent against the City and County of San Francisco by payment of $20,000. (U.S. District Court No. C94-3551). (City Attorney) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 010-96-006. [Encroachment Permit, Hayes Street] Resolution granting revocable permission to the San Francisco Opera Association to temporarily close and occupy the northerly sidewalk and a portion of the street area on Hayes Street, between Polk and Larkin Streets, for the purpose of constructing a loading dock and for loading and unloading operations for the Opera's Productions at Bill Graham Civic Auditorium (Block 812, Lot 1). (Department of Public Works) Referred to Housing and Land Use Committee. File 027-96-010. [State Grant, CalTrain-SFO Shuttle Service] Resolution authorizing the Airports Commission to seek, accept and expend funds for a CalTrain-SFO Shuttle from the Bay Area Air Quality Management District under AB 434 Funds, Clean Air Act Legislation, for the 1997 service year; waiving indirect costs. (Airports Commission) Referred to Government Efficiency/Labor Committee. File 027-96-011. [Federal Grant - Airport] Resolution authorizing Airports Commission to file application, and accept and expend grant of $9,892,664 from Federal Aviation Administration for assistance in improvements at the Airport (Airport Improvement Project No. 96-01). (Airports Commission) Referred to Government Efficiency/Labor Committee. File 038-96-013. [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the San Francisco Police Department, the gift of two TRAK (Technology to Recover Abducted Kids) computer systems from Social Tech, Inc. (Police Department) Referred to Government Efficiency/Labor Committee. File 038-96-014. [Gift Acceptance, Recreation and Park] Resolution accepting one gift valued at $7,045.33, for use by the Recreation and Park Department. (Recreation and Park Department) Referred to Government Efficiency/Labor Committee. File 048-96-022. [Settlement of Claim, Michael James Kutsko] Resolution approving the settlement of the unlitigated claim of Michael James Kutsko by payment of $6,500.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-023. [Settlement of Claim, Carlos Moncaleano] Resolution approving the settlement of the unlitigated claim of Carlos Moncaleano by payment of $13,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-015. [Lease of Property at Fox Plaza, 1390 Market St.] Resolution authorizing lease at Fox Plaza, 1390 Market Street, for the Department of Public Health. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 089-96-006. [SDI Coverage, Classification 9258] Resolution authorizing enrollment of classification(s) 9258 Assistant Deputy Director, Business and Finance in the State Disability Insurance Program. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 146-96-012. [State Grant, Oil Spill Prevention] Resolution authorizing the Department of Public Health, Bureau of Environmental Health Management, to apply for, accept and expend retroactively a grant of $5,000, which includes indirect costs in the amount of $699, based on twenty-two percent of salaries, from the California Department of Fish & Game, Office of Oil Spill Prevention and Response, for providing input into the San Francisco Bay/San Joaquin Delta Area contingency plan for oil spills; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that City Attorney draft ordinance which would give businesses seeking to rent/lease or businesses which currently rent/lease property from the Port of San Francisco, additional incentives for selling items manufactured in San Francisco, such as clothing, food products and other goods. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Raymond L. Hanson Sponsor Supervisor Hsieh. Melissa Toben Sponsors Supervisors Katz, Leal. George C. Scott Sponsor Supervisor Brown. File 2-96-30 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 6:32 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 August 19, 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