Board of Supervisors Minutes: July 29, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, July 29, 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 2:10 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Alioto, Brown, Hsieh - 3. Quorum present. Supervisor Alioto excused (see Journal of Proceedings of April 8, 1996). Supervisor Brown was noted present at 2:15 p.m. Supervisor Hsieh excused (see Journal of Proceedings of August 5, 1996). APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Kaufman, moved that the Journal of Proceedings for Monday, June 17, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Brown, Hsieh - 3. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 310-96 (Fiscal Impact.) Finally passed. [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. 311-96 (Amends Section 16.6-1.) Finally passed. Recommendations of Government Efficiency and Labor Committee Adopted [Prop J Contract, Court Management System] Resolution concurring with Controller's certification that services of the Court Management System Coordinator can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Municipal Court) File 25-96-12, Resolution No. 685-96 Adopted. [Settlement of Claim, Alex Konstantinoff] Resolution approving the settlement of the unlitigated claim of Alex Konstantinoff by payment of $13,500. (City Attorney) File 48-96-21, Resolution No. 696-96 Adopted. [Lease of property, 1390 Market Street/Fox Plaza] Resolution authorizing a lease at Fox Plaza for the Department of Public Health's Bureau of Environmental Health Management. (Real Estate) File 64-96-15, Resolution No. 699-96 Adopted. [SDI Coverage, 2964 Director of Planning and Budget] Resolution authorizing enrollment of Classification 2964 Director of Planning and Budget in the State Disability Insurance Program. (Department of Human Resources) File 89-96-4, Resolution No. 700-96 Adopted. [SDI Coverage, Classification 9254] Resolution authorizing enrollment of classification(s) 9254 Assistant to the Director, Bureau of Communications in the State Disability Insurance Program. (Department of Human Resources) File 89-96-5, Resolution No. 701-96 Adopted. [Federal Grant, Comprehensive Information System] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant of $200,000 from the Health Services and Resources Administration (HRSA) for a comprehensive information system for children; providing for ratification of action previously taken. Sponsor Supervisor Leal. File 146-96-11, Resolution No. 703-96 Adopted. [Grant, Advanced Technology Transit Bus Project] Resolution authorizing the Public Transportation Commission to apply for, retroactively accept and expend up to $7,000,000 (including local match) of Federal Transit Administration Capital Assistance Section 3 funds to carry out Advanced Technology Transit Bus (ATTB) Demonstration Project activities; placing $7,000,000 on reserve. Sponsor Supervisor Leal. File 213-96-4, Resolution No. 707-96 Adopted. Recommendations of Housing and Land Use Committee Adopted [Stop Intersection, Clay and Locust Streets] Resolution designating Clay Street and Locust Street as an all-way "stop" intersection. Sponsor Supervisor Shelley. File 18-96-9, Resolution No. 681-96 Adopted. [Stop Intersection, Various Locations] Resolution designating certain intersections as stop intersections. (Housing and Land Use Committee) File 18-96-10, Resolution No. 682-96 (Stop Signs - Establish Eighteenth and Harrison Streets (north), northwest and southeast corners, stopping Harrison Street traffic (makes this T-intersection an all-way stop). Twenty-Ninth and Castro Streets, northeast and southwest corners, stopping Twenty-Ninth Street traffic (makes this an all-way stop). Chestnut and Lyon Streets, northeast corner, stopping Chestnut Street traffic (stops the stem of this T-intersection). Ritch and Brannan Streets, southeast corner, stopping northbound Ritch Street traffic (presently uncontrolled).) Adopted. [Parking Regulations, Various Locations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use Committee) File 19-96-9, Resolution No. 683-96 (Parking Meter Area No. 1 (30-Minute Time Limit, 7 a.m. - 4 p.m., Monday Through Saturday) - Establish Clay Street, north side, from the east property line of Davis Street to 75 feet easterly (75-foot zone, adds three meter stalls). Parking Meter Area No. 1 (30-Minute Time Limit, 7 a.m. - 6 p.m., Monday Through Saturday) - Establish Washington Street, north side, from the west property line of Davis Street to 150 feet easterly (150-foot zone, adds six meter stalls). One-Hour Parking Time Limit, 7 a.m. - 3 p.m., Monday Through Saturday - Rescind Two-Hour Parking Time Limit, 7 a.m. - 3 p.m., Monday Through Saturday - Establish Sixth Street, west side, between Folsom and Harrison Streets (change in time limit only). One-Hour Parking Time Limit, 7 a.m. - 6 p.m., Monday Through Saturday - Rescind Two-Hour Parking Time Limit, 7 a.m. - 6 p.m., Monday Through Saturday - Establish Sixth Street, east side, between Folsom and Harrison Streets (change in time limit only). Perpendicular (90-Degree Angle) Parking - Establish Castro Street, east side, between Twenty-Eighth and Valley Streets. Tow-Away, No Parking, 8 a.m. - 3 p.m., Thursdays and Fridays, Except SFUSD Mobile Classrooms - Rescind Tow-Away, No Parking, 8 a.m. - 3 p.m., Tuesdays and Wednesdays, except SFUSD Mobile Classrooms - Establish Treat Avenue, west side, from 245 feet to 277 feet south of Precita Avenue (32-foot zone, change in effective days only). Note: The following items are part of the improvements for the Bayshore Boulevard and Cesar Chavez Street corridors: Diagonal (60-Degree Angle) Parking - Establish Barneveld Avenue, east side, from Jerrold Avenue to 169 feet southerly (169-foot zone accommodating fifteen parking stalls). Barneveld Avenue, west side, from 203 feet to 235 feet north of McKinnon Street (32-foot zone between driveways accommodating two parking stalls). Perpendicular (90-Degree Angle) Parking - Establish Barneveld Avenue, east side, from McKinnon Street to 355 feet northerly (355-foot zone accommodating twenty-two parking stalls). Barneveld Avenue, west side, from McKinnon Street to 169 feet northerly (169-foot zone accommodating thirteen parking stalls).) Adopted. [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. (Housing and Land Use Committee) File 20-96-9, Resolution No. 684-96 (No U-Turns - Establish Lincoln Way, westbound, at Twentieth Avenue. Multiple Turn Lanes - Rescind Right Lane Must Turn Right - Rescind Folsom Street, eastbound, at First Street. No Right Turns, 7:30 a.m. - 8:30 a.m. and 2:00 p.m. - 3:30 p.m., School Days - Establish Webster Street, southbound, at Broadway. One-Way Street - Rescind Berry Street, eastbound, between Third and Fourth Streets. Tow-Away, No Stopping Anytime - Establish Berry Street, north side, between Third and Fourth Streets. Berry Street, south side, from Fourth Street to 130 feet westerly (130-foot zone). Battery Street, east side, from The Embarcadero to 40 feet southerly (40-foot zone). Tow-Away, No Stopping, 3 p.m. - 6 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping Anytime - Establish Front Street, east side, from Market Street to 80 feet northerly (80-foot zone). Diamond Lane, 7 a.m. - 7 p.m., Everyday - Establish Stockton Street, west curb lane, between Geary and O'Farrell Streets. Tow-Away, No Stopping, 4 p.m. - 6 p.m., Monday Through Saturday - Rescind Tow-Away, No Stopping, 7 a.m. - 7 p.m., Everyday - Establish Stockton Street, west side, from Geary Street to 142 feet southerly (142-foot zone, change in effective days and hours). Tow-Away, No Stopping Anytime - Rescind Clay Street, north side, from the east property line of Davis Street to 75 feet easterly (75-foot zone, adds three meter stalls). Tow-Away, No Stopping Anytime - Rescind Washington Street, north side, from the west property line of Davis Street to 150 feet easterly (150-foot zone, adds six meter stalls). Note: The following items are part of the improvements for the Bayshore Boulevard and Cesar Chavez Street corridors: Left Lane Must Turn Left - Establish Bayshore Boulevard, southbound, at turnaround, approximately 450 feet south of Jerrold Avenue. No Turn on Red - Establish Bayshore Boulevard, northbound, at Jerrold Avenue. Jerrold Avenue, westbound, at Bayshore Boulevard. Right Turn Onto Freeway Only - Establish Marin Street, westbound, at Bayshore Boulevard. Tow-Away, No Stopping Anytime - Establish Bayshore Boulevard, east side, between Jerrold Avenue and Marin Street. Bayshore Boulevard, east side, from Jerrold Avenue to 510 Feet southerly (510-foot zone). Diamond Lane, 7 a.m. - 9 a.m. and 3 p.m. - 7 p.m., Monday Through Friday - Establish Bush Street, south curb lane, between Battery and Montgomery Streets. Tow-Away, No Stopping, 7 a.m. - 6 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 7 a.m. - 7 p.m., Monday Through Friday - Establish Bush Street, north side, between Battery and Montgomery Streets (to extend evening tow-away to 7 p.m.). Tow-Away, No Stopping, 7 a.m. - 9 a.m. and 3 p.m. - 6 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 7 a.m. - 9 a.m. and 3 p.m. - 7 p.m., Monday Through Friday - Establish Bush Street, south side, between Montgomery and Sansome Streets (to extend evening tow-away to 7 p.m.).) Adopted. [Residential Parking "O," West Portal/St. Francis] Resolution extending the boundaries of Residential Permit Parking Area "O" in the West Portal/St. Francis Wood Area and adding Santiago Street, between Seventeenth and Eighteenth Avenues, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-13, Resolution No. 690-96 Adopted. [Residential Parking Area "A," Telegraph Hill] Resolution amending the boundaries of Residential Permit Parking Area "A" in the Telegraph Hill Area by adding Lot 21 of Block 024 (1325 Columbus Avenue). (Department of Parking and Traffic) File 40-96-14, Resolution No. 691-96 Adopted. [Residential Parking Area "S," Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding Page Street, between Laguna and Octavia Streets, both sides, and Rose Street, between Laguna and Octavia Streets, north side, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-15, Resolution No. 692-96 Adopted. [Residential Parking Area "I," Bartlett Street] Resolution extending the boundaries of Residential Permit Parking Area "I" in the Bartlett Street Area and adding Capp Street, between Nineteenth and Twentieth Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-16, Resolution No. 693-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Brown, Hsieh - 3. REGULAR CALENDAR NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Patient Rates] Ordinance amending Health Code, to fix patient rates for services furnished by City and County Institutions, effective retroactively to July 1, 1996, and rescinding Resolution No. 620-95. (Department of Public Health) File 30-95-11.2, Ordinance No. (Adds Section 128.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Department of Human Services Membership] Ordinance amending Administrative Code, relating to Department of Human Services membership adding Child Welfare League of America and deleting California Conference of Social Welfare, and National Conference of Social Work. (Department of Human Services) File 97-96-40, Ordinance No. (Amends Section 16.6-11.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendations of Select Committee on Charter Implementation Passed for Second Reading [Former Charter Provisions] Ordinance amending Administrative Code, to make necessary changes to conform to the 1996 Charter; and adding a section relating to the creation of new ranks in the Police Department; add repealing former charter sections relating to the powers of the Controller; relating to consultants to the Planning Commission; relating to removal of structures during a conflagration. Sponsor Supervisor Kaufman. File 97-96-42, Ordinance No. (Adds 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, to codify Sections 2.203, 2.203-3, 3.402, 3.502, 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 and 3.546 of the 1932 Charter; Repeals former Charter Sections 3.301, 3.523, 3.547.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [1996 Charter Changes to Administrative Code] Ordinance amending Administrative Code, relating to functions and duties of the Chief Administrative Officer, to conform to the provisions of the Charter of 1996. (Select Committee on Charter Implementation) File 97-96-19.3, Ordinance No. (Amends Sections 5.40, 5.60 and 11.32.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Charter Implementation Planning Code] Ordinance amending Planning Code, to make the new names of the General Plan, Planning Department, Planning Commission and Board of Appeals applicable to the Planning Code, to implement the Charter and provide procedures for General Plan amendments, to make the Planning Code consistent with the Charter and clarify procedures and changing the time period for an appeal to a written determination of the Zoning Administrator from ten days to fifteen days as provided in the Administrative Code. (Planning Department) File 115-96-7, Ordinance No. (Adds Sections 108, 340; Amends Sections 302, 306, 306.1, 306.2, 306.3, 306.4, 306.5, 308.1 and 308.2.) (City Planning Resolution No. 14138, adopted 6/13/96). (Exempt Status: General Rule Exclusion (State Guidelines, Section 15061(b)(3).) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Compensation, Arbitrator's Award] Ordinance amending Ordinance No. 316-94 to implement the provisions of the arbitrator's award amending the Memorandum of Understanding between the Building Inspectors Association and the City and County to be effective July 1, 1996 through June 30, 1997. Sponsors Supervisors Shelley, Bierman. File 93-94-17.5, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Amendment to MOU, Local 856] Ordinance amending Ordinance No. 21-96 to implement the provisions of a Memorandum of Understanding between the Freight Checkers, Clerical Employees and Helpers, Local 856, and the City and County of San Francisco for Bargaining Unit 11B, Supervising Registered Nurses, effective July 1, 1996 through June 30, 1997. (Department of Human Resources) File 93-95-52.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Airport Lease Modification, USAir, Inc.] Ordinance approving retroactively, Modification No. 8 to Lease and Use Agreement between USAir, Inc. and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-96-7, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Termination of Lease, Continental Airlines] Ordinance approving early termination of Lease Nos. PUC 21391 and 21968 between Continental Airlines, Inc. and the City and County, acting by and through its Airports Commission; providing for ratification of action previously taken. (Airports Commission) File 27-96-8, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Pest Detection and Trapping] Ordinance amending Administrative Code, to authorize the President of the Board of Supervisors or the President's designee to execute an annual contract between the City and County and the California Department of Food and Agriculture for exotic pest detection and trapping. (Department of Agriculture and Weights and Measures) File 97-96-38, Ordinance No. (Adds Section 1.13-9.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Retirement] Ordinance authorizing amendment to the contract between the City and County and the Board of Administration of the California Public Employees' Retirement System, to transfer prior service for safety members in the Adult and Juvenile Probation Departments who elected prospective membership on September 1, 1990. Sponsors Supervisors Yaki, Bierman. File 154-96-1.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Prop J Contract, Intake/Shelter Services] Resolution concurring retroactively, with the Controller's certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Juvenile Probation Department) File 25-96-14, Resolution No. 686-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Prop J Contract, Security Guard Services] Resolution concurring retroactively with the Controller's certification that security services can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Purchasing Department) File 25-96-15, Resolution No. 687-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [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". Sponsor Supervisor Alioto. File 38-96-11, Resolution No. 688-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Lease Extension at 732 Brannan Street] Resolution authorizing extension of an existing month-to-month lease of real property at 732 Brannan Street for the Office of the District Attorney; providing for ratification of actions previously taken. (Real Estate Department) File 64-96-13, Resolution No. 698-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Lesbian, Gay, Bisexual, Transgender Center] Resolution supporting the construction of a community center to serve San Francisco's lesbian, gay, bisexual and transgender communities. Sponsors Supervisors Katz, Leal, Ammiano, Alioto, Brown, Bierman, Kaufman, Shelley, Teng, Yaki, Hsieh. File 161-96-5, Resolution No. 704-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Water Department, 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) File 188-96-1.1, Resolution No. 705-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendation of Health, Public Safety and Environment Committee Passed for Second Reading [Sale of Firearms] Ordinance amending Police Code, to prohibit the sale of firearms near churches, community centers and other locations where regularly scheduled activities are conducted for people under 18 years of age. Sponsors Supervisors Yaki, Leal, Kaufman, Bierman, Alioto, Shelley, Brown, Katz, Teng. File 121-96-9.1, Ordinance No. (Amends Article Nine, Section 613.3.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisors Brown, Katz, Teng requested to be added as co-sponsors. Recommendations of Housing and Land Use Committee Passed for Second Reading [Speed Limits] Ordinance amending Traffic Code, adding King Street, between Third and Townsend Streets, and The Embarcadero, between Townsend and Folsom Streets, to the list of streets upon which a 35-MPH speed limit shall apply. (Department of Parking and Traffic) File 124-96-6, Ordinance No. (Adds Sections 176.40 and 176.41.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Liquor License, 1050 Van Ness Avenue] Resolution opposing the request for the issuance of an off-sale beer and wine license to Leonardo Calderon for Golden Gate Gift Shop, located inside the Richelieu Hotel at 1050 Van Ness Avenue, and determining that it will not serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-19, Resolution No. 708-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Rereferred to Committee [Liquor License Transfer, 642 Irving Street] Resolution opposing the request for transfer of a Type 48 on-sale general public premise liquor license from Umbertos Restaurants, Inc., located at 141 Steuart Street, to Massoud H. Ghadjar for The Silver Comet, located at 642 Irving Street, and determining that it will not serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-23, Resolution No. Supervisor Bierman, seconded by Supervisor Brown, moved to rerefer to Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Liquor License Transfer, 3391 Mission Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license to Joaquin Osorio, from a store located at 3216 Mission Street to 3391 Mission Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-24, Resolution No. 709-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recess The Board, at the hour of 2:41 p.m., took a brief recess. Reconvening of the Board The Board, at the hour of 3:11 p.m., reconvened. Calling the Roll The following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Noted absent: Supervisors Alioto, Hsieh - 2. Quorum present. Recess Supervisor Bierman, seconded by Supervisor Brown, moved to recess. No objection and motion carried. The Board, at the hour of 3:25 p.m., recessed. Reconvening of the Board The Board, at the hour of 4:15 p.m., reconvened. Calling the Roll The following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Noted absent: Supervisors Alioto, Hsieh - 2. SPECIAL ORDER - 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Hearing Held [Public Hearing] Hearing of persons interested in or objecting to Charter amendment (Fifth Draft), deleting Section 10.100; amending 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; and adding Sections 11.103, 11.104, 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. File 252-96-1 The privilege of the floor was granted to the following persons: Speaking in support: Josie Mooney, Al Triguero, Jim Ahern, Stan Smith, Don Vincent, Carrie Lucus, Dave Novogrodsky, Yolanda Williams, Father Lewis, Lynne Atkinson, Jim Stein, Irvin Leff, Vincent Carrington, Anthony Sacco. Speaking in opposition: Doug Shorenstein, John Larson, Annemarie Conroy, Ken Cleveland, Vitaly Troyan, Jake Petrochino, Tony Prudhomme, Lee Munson, Helen Friedman, Al Walker, Chris Verdict, Chris Bowman, Jean Thomas, Jim Fabris, Leboriae P. Smoore, Mary Vail, Matt, Robert Nist. No position: Indira Talwani. Appointment of President Pro Tempore At the request of the President, Supervisors Yaki and Kaufman assumed the Chair at different times so the President could participate in the debate from the floor. Committee of the Whole Rise and Report Without Recommendation Ordered Submitted as Amended [Charter, Collective Bargaining] Charter amendment (((Fifth))Seventh 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.) Sponsors Supervisors Shelley, Bierman. File 252-96-1 (July 22, 1996 - Consideration continued to July 29, 1996.) Supervisor Yaki, seconded by Supervisor Ammiano, moved an Amendment of the Whole, Sixth Draft. Amendment of the Whole, Sixth Draft, adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Supervisor Bierman, seconded by Supervisor Yaki, moved to amend page 42, Section 11.104, by adding "(c) Appointees to vacant positions in the management and executive management units shall meet the minimum qualifications necessary to perform the essential duties of the position." Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Supervisor Yaki, seconded by Supervisor Kaufman, moved to amend page six, line three, by striking "Subject to subsections (a)(b)(c)(d)(e) and (f)" and inserting "Notwithstanding section (f) above,"; and amend page 11, line 15, by striking "Subject to subsections (a)(b)(c)(d)(e)(f) and (g) above" and inserting "Notwithstanding the provision for certification of comparable platform employee and bus operator wage levels in subsection (f) above,". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Yaki - 7. Noes: Supervisors Leal, Teng - 2. Absent: Supervisors Alioto, Hsieh - 2. Supervisor Yaki, seconded by Supervisor Kaufman, moved to amend page three, lines 7, 8 and 10 to include, wherever police is mentioned, the words "and fire" and adding "s" at the end of "department" or "commission". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Seventh Draft ordered submitted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Shelley, Teng, Yaki - 8. Noes: Supervisor Leal - 1. Absent: Supervisors Alioto, Hsieh - 2. The President resumed the Chair. SPECIAL ORDER - 3:00 P.M. Hearing Closed [Public Hearing] Hearing of persons interested in and objecting to the report of the Fire Chief dated May 19, 1996 of delinquent charges for inspection and reinspection fees submitted by the Fire Department, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. File 41-96-1 The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing on this item closed. From the Fire Department Adopted [Inspection and Reinspection Fee Liens] Resolution confirming report of delinquent charges for inspection and reinspection fees submitted by the Fire Department, as modified to the date of adoption of this resolution, and creating special assessments and liens based thereon. (Fire Department) File 41-96-1, Resolution No. 694-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. SPECIAL ORDER - 3:00 P.M. Hearing Closed [Public Hearing] Hearing of persons interested in and or objecting to Director of Public Works itemized report for sidewalk curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. File 41-96-2 The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing on this item closed. From Department of Public Works Adopted [Assessment Costs, Sidewalk/Curb Repairs] Resolution confirming report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Department of Public Works) File 41-96-2, Resolution No. 695-96 The representative from the Department of Public Works submitted an updated report which deleted four properties from the list (550-60 Guerrero Street, 28 Harry Street, 1 Twin Peaks Boulevard and 45 Twin Peaks Boulevard). Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. PUBLIC COMMENT The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the Public Comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Severed From For Adoption Without Committee Reference Calendar Supervisor Katz requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Gift Acceptance] Resolution authorizing the Director of Public Health to accept on behalf of the City a generous gift of services from the Breast Cancer Fund to make the logistical arrangements for the City's Breast Cancer Submit. Sponsors Supervisors Katz, Kaufman, Brown. File 38-96-17, Resolution No. 689-96 (July 24, 1996 - Introduced for consideration on July 29, 1996.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. Severed From For Adoption Without Committee Reference Calendar Supervisor Katz requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Fresh Start Farms Organic Farming] Resolution urging the Water Department to lease Water Department-owned land to Fresh Start Farms. Sponsor Supervisor Katz. File 188-96-3, Resolution No. 706-96 (July 24, 1996 - Introduced for consideration on July 29, 1996.) Supervisor Katz, seconded by Supervisor Yaki, moved to amend page two, line 2, to strike the word "several" and insert "certain". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [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. Sponsors Supervisors Bierman, Kaufman, Leal, Ammiano, Yaki, Katz, Teng, Brown, Alioto. File 92-96-40, Resolution No. 702-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. [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. Sponsors Supervisors Leal, Shelley, Alioto, Kaufman, Bierman, Brown, Yaki. File 6-96-109, Resolution No. 674-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisors Brown, Yaki requested to be added as co-sponsors. [Commend Chinese Christian Union] Resolution commending the Chinese Christian Union on their 80th Anniversary and declaring September 15, 1996 as "Chinese Christian Union Day". Sponsors Supervisors Teng, Hsieh, Bierman, Brown, Yaki. File 6-96-110, Resolution No. 675-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisors Brown, Yaki requested to be added as co-sponsors. [Commend Greater Geary Merchants Association] Resolution commending the Greater Geary Boulevard Merchants and Property Owners Association, Inc. on the occasion of its 50th Anniversary. Sponsors Supervisors Shelley, Alioto, Bierman, Brown, Kaufman, Yaki, Leal. File 6-96-111, Resolution No. 676-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) In connection with the above item, Supervisors Brown, Kaufman, Yaki, Leal requested to be added as co-sponsors. [Commend Officer Samuel W. Watt] Resolution commending Officer Samuel (Sam) W. Watt for his thirty-one years of public service. Sponsors Supervisors Shelley, Alioto, Bierman, Kaufman, Brown, Yaki, Leal. File 6-96-112, Resolution No. 677-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Brown, Yaki, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Bierman, Alioto, Brown, Leal. File 12-96-39, Resolution No. 679-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisors Brown, Leal requested to be added as co-sponsors. [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). Sponsors Supervisors Bierman, Ammiano, Alioto, Brown. File 60-96-7, Resolution No. 697-96 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisor Brown 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 30-96-1.14 (July 22, 1996 - Introduced in Board for consideration on July 29, 1996.) Adopted. [Immigration and Naturalization Service] Resolution directing the Clerk of the Board of Supervisors to write the District Director of the Immigration and Naturalization Service (INS) protesting the deportation of Laoura Tedeeva Korewicki and urging the INS to grant an expedited waiver of the five year wait prescribed for deportees. Sponsors Supervisors Bierman, Brown. File 13-96-31, Resolution No. 680-96 (July 23, 1996 - Introduced for consideration on July 29, 1996.) Adopted. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Bierman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Yaki, seconded by Supervisor Bierman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Imperative Resolutions] Adopted [Commend Malcolm Glover] Resolution commending Malcolm Glover for fifty years of service and dedication to the San Francisco Examiner and the profession of journalism and proclaiming August 2, 1996 "Malcolm Glover Day". File 006-96-113, Resolution No. 678-96 Supervisors Shelley, Kaufman, Brown, Leal, Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Appropriation, Gay/Lesbian Cultural Center] Ordinance rescinding $1,275,000 from Convention Facilities Fund Capital Project and re-appropriating the funds to the Mayor's Office of Community Development for predevelopment, design and property purchase costs of the Gay/Lesbian Community Center for fiscal year 1996-97; placing $1,200,000 on reserve. Mayor Willie L. Brown, Jr. presented. Referred to Budget Committee with request it be considered on August 7, 1996. File 101-96-007. [Lead Hazard Reduction] Ordinance amending Health Code Section 1608, concerning San Francisco Lead Hazard Reduction Citizens Advisory Committee by reducing its membership from 23 to 21 members by deleting representatives from the Department of Public Health and the insurance industry. Supervisor Shelley presented. Referred to Rules Committee. File 118-96-005. [Commend Joint Leadership Training Program] Resolution commending the graduates of the first Joint Leadership Training Program sponsored by the Chinese Progressive Association and the Northern California Coalition for Immigrant Rights. Supervisors Teng, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 006-96-114. Referred to Board [State Legislation, AB 1841] Resolution supporting AB 1841 which would require insurers and health care service plans to include coverage for a minimum of 48 hours of inpatient care for mothers and newborns after childbirth. Supervisors Kaufman, Leal, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 012-96-040. [Welfare Reform Bill] Resolution opposing the welfare reform bill that would preclude legal immigrants from receiving public benefits and greatly undermine benefits to poor people; urging the Conference Committee of the U.S. House of Representatives and Senate to adopt the least restrictive provisions of the welfare reform bill; and urging the President to veto H.R. 3734 and all other bills restricting immigrants' access to services. Supervisors Katz, Ammiano, Kaufman, Leal, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 013-96-032. [Community Development Fund] Resolution urging the Mayor's Office of Community Development to fund the collaboration between the California Procurement Training and Assistance Center and the San Francisco Small Business Development Center. Supervisors Kaufman, Teng, Yaki, Leal, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 079-96-001. [Tour Bus Idling] Resolution urging the Parking and Traffic Commission to enforce San Francisco Traffic Code Section 60.5 prohibiting tour buses to idle while parked. Supervisors Bierman, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 190-96-005. [Tour Buses] Resolution urging the Parking and Traffic Commission to require tour busses to park at Pier 30. Supervisors Bierman, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar August 5, 1996. File 190-96-006. Requests for Hearings: [Welfare Reform] Hearing to consider the response of City departments, including Human Services and Health, to welfare reform legislation pending in Congress. Supervisor Yaki presented. Referred to Health/Public Safety/Environment Committee. File 013-96-032.01. [TCI/Viacom] Hearing to consider the transfer of Viacom's cable operations to TCI and proposed franchise amendments and transfer agreement. Supervisors Shelley, Ammiano presented. Referred to Rules Committee. File 032-96-001.03. [Central Freeway] Hearing to consider the Central Freeway. Supervisor Bierman presented. Referred to Housing and Land Use Committee with request it be considered on August 15, 1996. File 085-96-001. [Housing Authority] Hearing to consider issues related to the San Francisco Housing Authority. Supervisor Shelley presented. Referred to Rules Committee. File 206-96-004. [Violence in the Community] Hearing to consider the violence, homicides and other crimes increasing in our communities-at-large among our African American and Hispanic/Latino youths and possible solutions. Supervisor Brown presented. Referred to Economic Vitality/Social Policy Committee. File 207-96-008. [Women's Economic Agenda] Hearing to consider the recommendations of the 1995 San Francisco Women's Economic Agenda. Supervisor Shelley presented. Referred to Rules Committee. File 242-96-002. [Channel 54] Hearing to consider policies and procedures for San Francisco's government Channel 54. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee with request it be considered on August 13, 1996. File 263-96-001. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Teng, that City Attorney prepare resolution to impose interim zoning controls to temporarily prohibit the establishment of bars and any eating establishments in the West Portal Avenue Commercial District (established by Planning Code Section 729.1), for an 18 month period. By Supervisor Bierman, that Budget Analyst prepare analysis of the contractual relationships between the City and County and University of California for consideration by the Housing and Land Use Committee at its September 5, 1996 meeting. By Supervisor Katz, that City Attorney prepare amendment to the rent ordinance concerning security deposits, application/tenant screening fee, consumer credit report and establishing penalties. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Colin Wilcox Sponsor Supervisor Bierman. Francis J. McTernan Sponsor Supervisor Bierman. Jessica Mitford (By the entire Board) Guillermo Bolanos Sponsor Supervisor Leal. File 2-96-31 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of7:05 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 September 3, 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