Board of Supervisors Minutes: October 15, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, October 15, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:11 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 Excused The Clerk stated Supervisor Katz requested to be excused from attending today's meeting. Supervisor Yaki, seconded by Supervisor Bierman, moved to excuse Supervisor Katz. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1 APPROVAL OF JOURNAL There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Bierman, moved that the Journal of Proceedings for Monday, September 16, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. SPECIAL ORDER 2:00 P.M. Report Received [State of the City] Mayor's Annual State of the City Message. File 88-96-2 President Shelley introduced the Honorable Mayor, Willie L. Brown, Jr. The Mayor addressed the Board of Supervisors outlining his plans in four major areas: economic development, housing, quality of life issues and government reform. He submitted a written report listing achievements and overview of the work done in the various city departments and agencies (copy of which is on file with the Clerk of the Board of Supervisors). CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Department of Business and Economic Development] Ordinance appropriating $231,180, Department of Business and Economic Development, of grant and rental revenue for salaries, fringe benefits, travel, training, for professional services, materials and supplies, equipment and services of other departments, for the creation of two (2) positions, for the Treasure Island Base Conversion Project. (Controller) File 101-96-11, Ordinance No. 403-96 (Fiscal Impact.) Finally passed. [Salary Ordinance Amendment] Ordinance amending Ordinance No. 298-96, Annual Salary Ordinance, 1996/97, Department of Business and Economic Development reflecting the creation of two (2) positions; companion measure to File 101-96-11. (Department of Human Resources) File 102-96-4, Ordinance No. 404-96 (Fiscal Impact.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [Millicent and John Rutherford v. CCSF, et al.] Ordinance authorizing settlement of litigation of Millicent and John Rutherford against the City and County by payment of $95,000. (City Attorney) File 45-96-60, Ordinance No. 389-96 (Superior Court No. 969-806.) Finally passed. [Lillian Eng v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lillian Eng against the City and County by payment of $16,000. (City Attorney) File 45-96-61, Ordinance No. 390-96 (Superior Court No. 964-732.) Finally passed. [CSE Insurance Company, v. CCSF] Ordinance authorizing settlement of litigation of CSE Insurance Company against Debra F. Borthne, City and County by payment of $10,327.27. (City Attorney) File 45-96-63, Ordinance No. 391-96 (Municipal Court No. 128-103.) Finally passed. [Santa Clara County v. CCSF] Ordinance authorizing settlement of litigation of County of Santa Clara v. City and County of San Francisco and the City's conveyance of an easement to the County of Santa Clara for $1,250. (City Attorney) File 45-96-64, Ordinance No. 392-96 (Santa Clara County Superior Court Action No. CV 757163.) Finally passed. [Strain and Smith v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lisa Strain and Desiree Smith against the City and County by payment of up to $75,000. (City Attorney) File 45-96-65, Ordinance No. 393-96 (U.S. District Court No. C95-04652 SAW.) Finally passed. [Loewinsohn v. CCSF, et al.] Ordinance authorizing settlement of litigation of Lee Jacob Loewinsohn against the City and County by payment of $80,000. (City Attorney) File 45-96-66, Ordinance No. 394-96 (Superior Court No. 970-640.) Finally passed. [Grant of Easement, County of San Mateo] Ordinance authorizing conveyance of trail easements over Water Department Peninsula Watershed to the County of San Mateo. (Real Estate Department) File 82-96-3, Ordinance No. 396-96 Finally passed. Passed for Second Reading [Jane Doe v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jane Doe against the City and County by payment of $452,475. (City Attorney) File 45-96-67, Ordinance No. (USDC, Northern District of California Case No. C95-1733.) Passed for second reading. [Whitfield v. CCSF, et al] Ordinance authorizing settlement of litigation of Alejandro Whitfield against the City and County by payment of $8,500. (City Attorney) File 45-96-68, Ordinance No. (USDC, Northern District of California Case No. C96-2099 WHO.) Passed for second reading. [Palkin/Golden City Tours v. CCSF, et al.] Ordinance authorizing settlement of litigation of Katherine Palkin and Golden City Tours against the City and County by payment of $35,000. (City Attorney) File 45-96-69, Ordinance No. (Superior Court No. 974-431.) Passed for second reading. [Angela Tardio v. CCSF, et al.] Ordinance authorizing settlement of litigation of Angela Tardio against the City and County by payment of $50,000. (City Attorney) File 45-96-70, Ordinance No. (Superior Court No. 971-157.) Passed for second reading. [Su Ping Chen Liu v. CCSF, et al.] Ordinance authorizing settlement of litigation of Su Ping Chen Liu against the City and County by payment of $15,000, plus waiver of a medical lien in the amount of $7,070.05. (City Attorney) File 45-96-71, Ordinance No. (Superior Court No. 933-460.) Passed for second reading. [Virgilio Estillore v. CCSF, et al.] Ordinance authorizing settlement of litigation of Virgilio Estillore against the City and County by payment of $8,000. (City Attorney) File 45-96-72, Ordinance No. (Superior Court No. 975-030.) Passed for second reading. [Joanne Welsh v. CCSF, et al.] Ordinance authorizing settlement of litigation of Joanne Welsh against the City and County by payment of $288,106. (City Attorney) File 45-96-73, Ordinance No. (U.S. District Court No. C93-3722 DLJ.) Passed for second reading. [Medina v. CCSF, et al.] Ordinance authorizing settlement of litigation of Medina against the City and County by payment of $91,500. (City Attorney) File 45-96-74, Ordinance No. (Superior Court No. 977-778.) Passed for second reading. [Ok Song Kim, et al. v. CCSF et al.] Ordinance authorizing settlement of litigation of Ok Song Kim against the City and County by payment of $11,500. (City Attorney) File 45-96-75, Ordinance No. (S.F. Municipal Court No. 110-129.) Passed for second reading. [Christian Vargas et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Christian Vargas, a minor by and through his Guardian Ad Litem, Elsa Vargas; and Elsa Vargas, individually, against the City and County by payment of $8,161. (City Attorney) File 45-96-76, Ordinance No. (Superior Court No. 968-433.) Passed for second reading. [Frank S. Lee v. CCSF] Ordinance authorizing settlement of litigation in the matter entitled Lee v. the City and County, by payment of $27,500. (City Attorney) File 45-96-77, Ordinance No. (Superior Court Case No. 974-074.) Passed for second reading. [Andrea Johnson v. CCSF, et al.] Ordinance authorizing settlement of litigation of Andrea Johnson against the City and County by payment of $32,500. (City Attorney) File 45-96-78, Ordinance No. (Superior Court No. 963-945.) Passed for second reading. Adopted [License Agreement for Off-Street Parking] Resolution authorizing the license agreement for a parking lot at 140 South Van Ness Avenue for the Department of Human Services, retroactive to July 29, 1996. (Real Estate Department) File 47-96-9, Resolution No. 931-96 Adopted. [License Agreements for Off-Street Parking] Resolution authorizing the license agreements for (1) a parking lot at Colusa Place and Colton Street and (2) parking garage at 1500 Mission Street for the Department of Human Services, retroactive to July 29, 1996 and August 26, 1996, respectively. (Real Estate Department) File 47-96-10, Resolution No. 932-96 Adopted. [Settlement of Claim, Clarence Paton] Resolution approving the settlement of unlitigated claim of Clarence Paton by payment of $190,000. (City Attorney) File 48-96-36, Resolution No. 933-96 Adopted. [Settlement of Claim, USF&G Insurance] Resolution approving the settlement of the unlitigated claim of USF&G Insurance (Insured, Adams and Cantwell) by payment of $22,000. (City Attorney) File 48-96-37, Resolution No. 934-96 Adopted. [Settlement of Claim, David Tise] Resolution approving the settlement of the unlitigated claim of David Tise by payment of $13,500. (City Attorney) File 48-96-38, Resolution No. 935-96 Adopted. [Settlement of Claim, Robert Wickser] Resolution approving the settlement of the unlitigated claim of Robert Wickser by payment of $15,000. (City Attorney). File 48-96-39, Resolution No. 936-96 Adopted. [Settlement of Claim, Allstate Insurance] Resolution approving the settlement of the unlitigated claim of Allstate Insurance (Insured, Walter Ware) by payment of $7,000. (City Attorney) File 48-96-40, Resolution No. 937-96 Adopted. [Claim, California State Automobile Association] Resolution approving the settlement of the unlitigated claim of California State Automobile Association by payment of $12,099.60. (City Attorney) File 48-96-41, Resolution No. 938-96 Adopted. [Lease of Property at 1145 Market Street] Resolution authorizing a lease of real property at 1145 Market Street for Public Transportation Department and Department of Human Resources. (Real Estate Department) File 64-96-18, Resolution No. 941-96 Adopted. [Lease of Property at 1155 Market Street] Resolution authorizing a lease of real property at 1155 Market Street for the Public Utilities Commission. (Real Estate Department) File 64-96-19, Resolution No. 942-96 Adopted. [State Disability Insurance] Resolution authorizing enrollment of classifications AB05 Deputy Clerk, AB06 Deputy Clerk I, AB07 Information Clerk, and AB08 Assistant Division Chief Clerk, Parking and Traffic Department into the State Disability Insurance Program. (Department of Human Resources) File 89-96-9, Resolution No. 944-96 Adopted. [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"; rescinding Resolution 649-96. (Adult Probation Department) File 130-96-1.1, Resolution No. 947-96 Adopted. [State Grant, Career Criminal Prosecution Program] Resolution authorizing the District Attorney to retroactively apply for, accept and expend grant funds in the amount of $197,178 including indirect costs of $9,389 made available through the California Office of Criminal Justice Planning for the operation of the Career Criminal Program for the twelve month period July 1, 1996 through June 30, 1997. (District Attorney) File 138-96-11, Resolution No. 948-96 Adopted. Grant, Drug Abatement Project] Resolution authorizing retroactively the Sheriff to apply for, accept, and expend funds in the amount of $61,919 which include indirect costs in the amount of $3,096 based on five percent of the project costs made available through the Office of Criminal Justice Planning for a project entitled "San Francisco Drug Abatement Project." Sponsor Supervisor Leal. File 152-96-2, Resolution No. 951-96 Adopted. Recommendations of Housing and Land Use Committee Finally Passed [Affordable Housing Special Use District] Ordinance amending Planning Code, to create an Affordable Housing Special Use District at Third Street and Armstrong Avenue. Sponsors Supervisors Brown, Teng, Bierman. File 81-96-1, Ordinance No. 395-96 (Adds Section 249.17.) (August 8, 1996 - Approved by Planning Commission Resolution No. 14176.) Finally passed. [Zoning Map, Affordable Housing, 5545 Third Street] Ordinance adopting a new Special Use District as an amendment to the Zoning Map of the City and County affecting property located at 5545 Third Street, Lot 6, Assessor's Block 5419, to establish the Third Street and Armstrong Avenue Affordable Housing Special Use District, and adopting findings pursuant to Planning Code Section 101.1; companion measure to File 36-96-4.1. Sponsors Supervisors Brown, Teng, Bierman. File 36-96-4, Ordinance No. 387-96 (August 8, 1996 - Approved by Planning Commission Resolution No. 14178.) Finally passed. [Zoning Map Height and Bulk, 5545 Third Street] Ordinance adopting a change to the Height and Bulk Classification as an amendment to the Zoning Map of the City and County affecting property located at 5545 Third Street, Lot 6, Assessor's Block 5419, to change the Height and Bulk Classification from 40-X to 40-65-J, and adopting findings pursuant to Planning Code Section 101.1. Sponsors Supervisors Brown, Teng, Bierman. File 36-96-5, Ordinance No. 388-96 (August 8, 1996 - Approved by Planning Commission Resolution No. 14179.) Finally passed. [Bayview Senior Housing Project] Ordinance amending Planning Code, to create special exceptions in the 40-65-J Special Height and Bulk District. Sponsors Supervisors Brown, Teng, Bierman. File 115-96-5, Ordinance No. 406-96 (Adds Section 263.13.) (August 8, 1996 - Approved by Planning Commission Resolution No. 14177.) Finally passed. [Changing Width of Sidewalk, Tompkins Avenue] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" changing the official sidewalk width on the south side of Tompkins Avenue between Putnam Street and Peralta Avenue, retroactive to May 21, 1996, as shown on the Department of Public Works Drawing labeled Q-20-430 and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-10, Ordinance No. 385-96 (Adds Section 1530.) Finally passed. [Changing Official Grade of Street] Ordinance establishing official grades on the west side of Peralta Avenue at Tompkins Avenue and on Putnam Street between Tompkins Avenue to 37 feet south of Ogden Avenue, as shown on the Department of Public Works Drawings labeled Q-20-431 and Q-20-432 and making findings pursuant to Planning Code Section 101.1; companion measure to File 34-96-10. (Department of Public Works) File 139-96-1, Ordinance No. 410-96 Finally passed. [Changing Width of Sidewalk, Oakdale Avenue] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding Section No. 1531 changing the official sidewalk width on Oakdale Avenue between Phelps Street and Quint Street, as shown on the Department of Public Works Drawing Labeled Q-20-460, and making findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 34-96-11, Ordinance No. 386-96 Finally passed. [Housing Code - Lead Hazards] Ordinance amending Housing Code to change the definition of nuisance to include dwelling units subjected to hazard reduction orders or emergency orders under Sections 1628 and 1630 of the Health Code. (Building Inspection Commission) File 125-96-1, Ordinance No. 407-96 (Amends Section 401.) Finally passed. Recommendations of Rules Committee Finally Passed [Relocation Assistance/Lead Administration Fund] Ordinance amending Administrative Code, creating the Relocation Assistance Lead Administration Fund, into which the fees imposed on owners of properties built or rehabilitated before 1978 will be deposited to provide for the costs of relocation assistance and administration incurred in the remediation of lead hazards in residential units occupied by a lead poisoned child. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-47, Ordinance No. 397-96 (Adds Section 10.117-116.) Finally passed. [Rent Escrow Account Program] Ordinance amending Administrative Code, authorizing the Department of Public Health to collect rents for residential units occupied by a lead poisoned child and deposit them into a rent escrow account to be used to abate lead hazards in conjunction with abatement funds available in Health Code Section 599; mandating that said escrow funds be used solely to abate the unsafe conditions arising from lead hazards upon the owners' failure to abate such hazards; providing that payment of an administrative fee equal to the reasonable cost of administration of the escrow account be paid by the owner and deposited in the account, and further providing that payment of rent into said account is not a basis for eviction. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-48, Ordinance No. 398-96 (Adds Chapter 74, Sections 74.1 through 74.15.) Finally passed. [Establishment of Regulatory Fee for Lead Hazard Abatement Program] Ordinance amending Administrative Code, to establish a regulatory fee and revolving fund to subsidize the costs of tenant relocation and to cover the reasonable costs incurred by the Department of Public Health in administering the Lead Hazard Abatement Program. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-49, Ordinance No. 399-96 (Creates Chapter 73, Sections 73.1 through 73.9.) Finally passed. [Relocation Assistance for Lead Hazard Remediation] Ordinance amending Administrative Code, mandating relocation assistance be provided to residents vacated from residential units deemed unsafe due to the presence of lead hazards or due to the unpermitted use of a residence discovered pursuant to a lead hazard inspection, provided that the costs of short term relocation and associated administrative costs shall be paid for by the fees collected pursuant to Administrative Code Chapter 73, and further providing criminal sanction for failure to provide such assistance. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 97-96-50, Ordinance No. 400-96 (Creates Chapter 72, Sections 72.1 through 72.7.) Finally passed. [Passthroughs and Evictions Based on Lead Remediation Work] Ordinance amending Administrative Code, to permit rent increases for Lead Hazard Remediation Work; to limit passthroughs of rent increases for capital improvements and operating and maintenance costs of lead hazard remediation activities to 10% of a tenant's base rent and to regulate passthroughs for lead hazard remediation activities where deferred maintenance contributes to the existence of the lead hazard; and, to create a just cause eviction for lead remediation work. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 109-96-3, Ordinance No. 405-96 (Amends Sections 37.3 and 37.9.) Finally passed. [Lead Housing Nuisances] Ordinance amending Housing Code to change the definition of nuisance to include dwelling units subjected to hazard reduction orders or emergency orders under Sections 1628 and 1630 of the Health Code. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 125-96-1.1, Ordinance No. 408-96 (Amends Section 401.) Finally passed. [Lead Hazards] Ordinance amending Health Code, Article 26, and adding new authority for the Director of Public Health to issue nuisance abatement orders against defined lead hazards, to require posting of lead hazard information by landlords and home improvement stores, and to strengthen the Department of Public Health's management of elevated blood lead level children through treatment and public education. Sponsors Supervisors Shelley, Bierman, Leal, Teng, Yaki, Katz, Ammiano, Alioto, Kaufman, Brown, Hsieh. File 125-96-1.2, Ordinance No. 409-96 (Renumbers Sections 1600 to 1640.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Budget Committee [Appropriation, Public Transportation-Muni Railway] Ordinance rescinding $86,568 from materials and supplies in the Muni Operating Fund and appropriating $99,543 to professional services in the Muni Capital Projects Fund, including $12,975 recovered from the contractor, to reimburse the Municipal Railway's Advanced Train Control System Project for the improper use of grant funds, in response to a Controller's audit, for fiscal year 1996-97; providing for ratification of action previously taken. (Controller) File 101-96-10, Ordinance No. 402-96 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Recommendation of Housing and Land Use Committee Passed for Second Reading As Amended [Hotel Room Tax Administration] Ordinance amending Municipal Code, Part III, to transfer administration of the Hotel Tax Fund from the Chief Administrative Officer to the Mayor (with respect to housing uses of the fund) and to the City Administrator (with respect to non-housing uses of the fund) and to clarify residency requirements. Sponsor Supervisor Brown. File 127-96-7, Ordinance No. (Amends Section 515.) (October 7, 1996 - Consideration continued to October 15, 1996.) Supervisor Brown, seconded by Supervisor Teng, moved an amendment of the whole bearing same title. Amendment of the Whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Recommendation of Rules Committee Finally Passed [Pesticide Use] Ordinance amending Administrative Code, to require City departments to minimize the use of pesticides and develop integrated pest management policies. Sponsors Supervisors Shelley, Bierman, Alioto, Leal, Yaki, Katz, Ammiano, Teng. File 97-96-52, Ordinance No. 401-96 (Adds Chapter 39, Sections 39.1 through 39.8.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. NEW BUSINESS Recommendations of Budget Committee Adopted [Street Occupancy Fee Waiver] Resolution waiving the standard fee under Public Works Code Section 724.7 for the temporary use and occupancy of the northerly side of Hayes Street by the San Francisco Opera's construction of a loading dock. Sponsors Supervisors Bierman, Alioto, Teng, Brown, Kaufman, Hsieh. File 10-96-7, Resolution No. 928-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. [Waiving Street Closing Fees] Resolution waiving all City fees for "Fiesta on the Hill" for 1995 and 1996 including fees assessed by the Police Department, the Department of Parking and Traffic, the Municipal Railway and the Fire Department charged to the "Fiesta on the Hill" and requesting all City departments to cooperate with 1996 fiesta organizers to assist in making it a success. Sponsors Supervisors Ammiano, Bierman. File 42-96-3, Resolution No. 930-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. [Redevelopment Agency Budget] Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County for fiscal year 1996-97, by amending the budget to provide for the expenditure of $474,205 for consultant and support services for the Mid-Market Redevelopment Survey Area; placing $150,000 on reserve. Sponsor Supervisor Hsieh. File 161-96-4.1, Resolution No. 952-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could participate in the debate from the floor. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [MOU, Local 911, Police Officers Association] Ordinance implementing the provisions of a Memorandum of Understanding between the Police Officers Association, Local 911, SEIU, AFL-CIO and the City and County for Bargaining Units P-1; P-2A and P-2B to be effective for the period July 1, 1996 through June 30, 2001. Sponsors Supervisors Shelley, Alioto. File 93-96-30, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. In connection with the above item, Supervisor Alioto requested to be added as co-sponsor. The President resumed the Chair. [Settlement, Out-of-Class Pay Grievance] Ordinance authorizing settlement of the out-of-class pay grievance of Mary Ellen Vergas filed pursuant to the Memoranda of Understanding between the Service Employees International Union, Local 790, AFL-CIO and the City and County in the amount of Five Thousand Dollars ($5,000). (Department of Human Resources) File 222-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Adopted [Award Extension - SFWD Contract WD-2121] Resolution granting retroactively, extension of time for award for Water Department Contract No. WD-2121, iron main installation at Bayshore Boulevard. (Public Utilities Commission) File 61-96-3, Resolution No. 939-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Lease of Property/Tenth and Howard Streets] Resolution authorizing the lease of real property at Tenth and Howard Streets for the Police Department's Crime Prevention Unit. (Real Estate Department) File 64-96-17, Resolution No. 940-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Conveyance of Easement, Santa Clara County] Resolution authorizing settlement of threatened litigation and the City's conveyance of an easement over Water Department pipeline right of way in Santa Clara County. (Real Estate Department) File 82-96-4, Resolution No. 943-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Sale of Surplus City-Owned Property] Resolution confirming sale of surplus City-owned property, Assessor's Block 3644, Lot 5, 1240 Valencia Street for $560,000. (Real Estate Department) File 96-96-2, Resolution No. 945-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Grant, California Healthcare for Indigents Program] Resolution authorizing retroactively the Department of Public Health to apply for, accept and expend a grant allocation of up to $9,079,584 for fiscal year 1996-97 funding from State Department of Health Services for California Healthcare for Indigents Program (CHIP) funds for medical services to indigent persons, professional services, medical services contracts, materials and supplies, facilities rental personal services, and indirect costs in the amount of $63,855, based on 14.9 percent of administrative and fiscal intermediary costs. (Department of Public Health) File 146-96-20, Resolution No. 949-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Grant, Public Library] Resolution authorizing retroactively, the Public Library to apply for, accept and expend $254,438 to be awarded by the National Science Foundation, Network Infrastructure for Education Program; waiving indirect costs. (Public Library) File 147-96-7, Resolution No. 950-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. [Prevailing Wage Requirements] Resolution exempting from the prevailing wage provision of Charter Section A7.204 a contract between the City and the San Francisco Conservation Corps to provide silt removal for the Airports Commission. (Airports Commission) File 172-96-34, Resolution No. 953-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. Recommendation of Health, Public Safety and Environment Committee Adopted [San Francisco General Plan] 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 in residential areas of the city. Sponsor Supervisor Alioto. File 271-96-1, Resolution No. 955-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Brown, Katz - 2. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could participate in the debate from the floor. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Hearing Held The Board of Supervisors met as a Committee of the Whole, with public testimony permitted, to consider: Proposed Amendments to the following ordinance recommended by the Government Efficiency and Labor Committee, Supervisor Yaki dissenting: [Campaign Consultant Regulation] Ordinance amending Administrative Code, to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders and certain former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Sponsors Supervisors Ammiano, Bierman. File 97-96-13 (Adds Sections 16.540 through 16.547.) Proposed Amendment No. 1: Motion by Supervisor Leal, seconded by Supervisor Ammiano, to delete from Section 16.543(a)(6) the wording "and a statement of the specific purpose for which the client has contracted with the campaign consultant" and to delete from Section 16.543(d) the wording "The Client Authorization Statement must include a statement of the purpose for which the client has employed the campaign consultant." Proposed Amendment No. 2: Motion by Supervisor Ammiano, seconded by Supervisor Alioto, that an amendment of the whole dated October 2, 1996, without a change in the title, be substituted for the legislation recommended by committee. Proposed Amendment No. 3: Motion by Supervisor Leal, to clarify certain provisions by: (a) adding to Section 16.543(a)(14) the language "Nothing in this section shall be construed to require that a campaign consultant identify a client or report the debt owned by a client unless the client retains or retained the campaign consultant to provide campaign consulting services to a candidate for local office or a local officeholder who is a candidate for any elective office, or in connection with a local measure.", and (b) adding to Section 16.543(d) the language "Nothing in this subsection shall be construed to require that a campaign consultant identify a client unless the client retains the campaign consultant to provide campaign consulting services to a candidate for local office or a local officeholder who is a candidate for any elective office, or in connection with a local measure." Proposed Amendment No. 4: Motion by Supervisor Leal that there be substituted for the ordinance recommended by committee an amendment of the whole dated October 9, 1996, with the following title: [Registration of Campaign Consultants, Disqualification of Supervisors] Ordinance amending Administrative Code by adding Sections 16.540-16.547 to require registration of and quarterly reporting by campaign consultants; prohibit a member of the Board of Supervisors, who retains a campaign consultant who is also a lobbyist, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board of Supervisors; and prohibit a member of the Board of Supervisors, who has previously retained a campaign consultant who is also a lobbyist, and who owes the campaign consultant money for campaign consulting services provided to help elect the member to the Board of Supervisors, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board of Supervisors. Sponsor Supervisor Leal. The privilege of the floor was granted to the following persons: Jeffrey Gordon Creed; Jim Sutton. There being no one else present wishing to speak, the President Pro Tempore declared the public hearing closed. The President resumed the Chair. Committee of the Whole Rise and Report Without Recommendation Passed for Second Reading as Amended [Campaign Consultant Regulation] Ordinance amending Administrative Code, to require registration of and quarterly reporting by campaign consultants; prohibit campaign consultants from lobbying current clients who are local officeholders and certain former clients who are local officeholders who owe money to the consultant for services provided to help elect the officeholder; and establish a voluntarily code of conduct for campaign consultants. Sponsors Supervisors Ammiano, Bierman. File 97-96-13, Ordinance No. (Adds Sections 16.540 through 16.547.) (October 7, 1996 - Consideration continued to October 15, 1996.) Amendment Number 1 Adopted Supervisor Leal, seconded by Supervisor Ammiano, moved to delete from Section 16.543(a)(6) the wording "and a statement of the specific purpose for which the client has contracted with the campaign consultant" and to delete from Section 16.543(d) the wording "The Client Authorization Statement must include a statement of the purpose for which the client has employed the campaign consultant." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Amendment Number 2 Adopted Supervisor Ammiano, seconded by Supervisor Alioto, moved that an amendment of the whole dated October 2, 1996, without a change in the title, be substituted for the legislation recommended by committee. Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Amendment Number 3 Adopted Supervisor Leal, moved to clarify certain provisions by: (a) adding to Section 16.543(a)(14) the language "Nothing in this section shall be construed to require that a campaign consultant identify a client or report the debt owned by a client unless the client retains or retained the campaign consultant to provide campaign consulting services to a candidate for local office or a local officeholder who is a candidate for any elective office, or in connection with a local measure.", and (b) adding to Section 16.543(d) the language "Nothing in this subsection shall be construed to require that a campaign consultant identify a client unless the client retains the campaign consultant to provide campaign consulting services to a candidate for local office or a local officeholder who is a candidate for any elective office, or in connection with a local measure." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Amendment Number 4 Refused Adoption Motion by Supervisor Leal that there be substituted for the ordinance recommended by committee an amendment of the whole dated October 9, 1996, with the following title: [Registration of Campaign Consultants, Disqualification of Supervisors] Ordinance amending Administrative Code by adding reporting by campaign consultants; prohibit a member of the Board of Supervisors, who retains a campaign consultant who is also a lobbyist, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board Sections 16.540-16.547 to require registration of and quarterly reporting by campaign consultants; prohibit a member of the Board of Supervisors, who retains a campaign consultant who is also a lobbyist, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board of Supervisors; and prohibit a member of the Board of Supervisors, who has previously retained a campaign consultant who is also a lobbyist, and who owes the campaign consultant money for campaign consulting services provided to help elect the member to the Board of Supervisors, from participating in deliberations and decisions on matters on which the campaign lobbies the Board of Supervisors. Sponsor Supervisor Leal. There being no objection, the roll was called on the pending amendment of the whole and it was refused adoption by the following vote: Ayes: Supervisors Ammiano, Leal - 2. Noes: Supervisors Alioto, Bierman, Brown, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisor Katz - 1. Motion to Amend Withdrawn Supervisor Yaki, seconded by Supervisor Kaufman, moved to amend page five, by deleting "Section 16.542(b)(1) a current client who is a local officeholder" and page three, line 6, by deleting "persons who are employees of a campaign consultant". After a brief debate, there being no objection, Supervisor Yaki withdrew his motion to amend. The roll was then called on the pending ordinance as amended (16 page document dated October 9, 1996) and it was passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal, Shelley, Teng, Yaki - 9. Noes: Supervisor Hsieh - 1. Absent: Supervisor Katz - 1. 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 Brown, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Recess The Board recessed at the hour of 5:09 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 5:30 p.m., reconvened. Calling the Roll The following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Yaki - 9. Noted Absent: Supervisors Katz, Teng - 2. Quorum presented. Supervisor Katz absent. (See supra.) Supervisor Teng was noted present at 5:33 p.m. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with 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 concerning possible litigation. Supervisor Brown, seconded by Supervisor Kaufman, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Katz, Teng - 2. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could participate in the debate from the floor. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Female speaker, supports Mayor Leboriae P. Smoore, police brutality. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Severed From For Adoption Without Committee Reference Calendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Cable TV Franchise Confidential Communications] Motion waiving the attorney-client privilege regarding the two cable television franchise confidential communications from the City Attorney's office for which the Board of Supervisors holds the attorney-client privilege, and directing the Clerk to place these documents in Board File No. 32-96-1.4. Sponsors Supervisors Ammiano, Shelley, Katz, Yaki. File 32-96-1.7 (September 30, 1996 - Consideration continued to October 15, 1996.) At the request of Supervisor Ammiano, referred to Rules Committee. Supervisor Yaki requested to be added as co-sponsor. The President resumed the Chair. Severed From For Adoption Without Committee Reference Calendar Supervisor Kaufman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Commend David Ballati] Resolution commending Judge David Ballati for his public stance against the use of civil compromise as a resolution in domestic violence cases and for his refusal to use this remedy in his own courtroom; and encouraging Judge Ballati to continue his enlightened approach to adjudicating cases of domestic violence and further encouraging other judges in the City and County to follow Judge Ballati's lead by refusing to use civil comprise in their own courtrooms. Sponsors Supervisors Kaufman, Leal, Teng, Katz, Alioto, Shelley, Yaki. File 6-96-151, Resolution No. 922-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Supervisor Kaufman, seconded by Supervisor Yaki, moved an amendment of the whole entitled, Resolution commending Judge David Ballati for his public stance against the use of civil compromise as a resolution in domestic violence cases and for his refusal to use this remedy in his own courtroom; and encouraging Judge Ballati to continue his enlightened approach to adjudicating cases of domestic violence and further encouraging other judges in the City and County to follow Judge Ballati's lead by refusing to use civil compromise in their own courtrooms." Amendment of the whole adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Commend Mark Izu/Asian American Jazz] Resolution commending Mark Izu and Silk Road: Asian Concepts in Jazz and declaring October 24, 1996 as "Asian American Jazz Day". Sponsors Supervisors Teng, Yaki, Brown. File 6-96-152, Resolution No. 923-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Brown requested to be added as co-sponsors. [Commend Bernal Heights Neighborhood Center] Resolution commending the Bernal Heights Neighborhood Center in honor of their Fiesta on the Hill on October 19, 1996. Sponsors Supervisors Shelley, Ammiano, Yaki, Bierman, Brown, Leal. File 6-96-153, Resolution No. 924-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman, Brown, Leal requested to be added as co-sponsors. [Commend Life Lobby and Life Institute] Resolution commending the Life Lobby and Life Institute for their invaluable work and congratulating the Life Lobby on the occasion of its Tenth Anniversary. Sponsors Supervisors Alioto, Bierman, Brown, Leal. File 6-96-154, Resolution No. 925-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Brown, Leal requested to be added as co-sponsors. [Commend Jerome Caja] Resolution congratulating and saluting the late Jerome Caja for his outstanding work as an artist and declaring October 11, 1996 Jerome Caja Day. Sponsor Supervisor Ammiano. File 6-96-155, Resolution No. 926-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. [Domestic Violence/Civil Compromise] Resolution reasserting the finding of the Board of Supervisors that domestic violence is a serious crime and not a civil dispute and that civil compromise is an inappropriate resolution in domestic violence cases; and urging the State Legislature to take up this issue again and to prohibit the use of civil compromise in domestic violence cases as one of its first orders of business during its new 1997 session. Sponsors Supervisors Kaufman, Leal, Alioto, Shelley, Teng, Katz, Bierman. File 12-96-43, Resolution No. 929-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Children/Youth Summit Commitment to Action] Resolution endorsing and supporting the Commitment to Action put forth and signed at the San Francisco Children and Youth Summit, October 5-6, 1996. Sponsors Supervisors Yaki, Bierman, Brown. File 215-96-3, Resolution No. 954-96 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Brown requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown. File 30-96-1.20 (October 7, 1996 - Introduced in Board for consideration on October 15, 1996.) Adopted. [Full Employment Zone] Resolution supporting a "Full Employment Zone" for San Francisco by insuring that all adult San Franciscans have an opportunity for living wage job and that our youth have an adequate preparation for meaningful work; endorsing Federal Legislation, H.R. 1050, "A Livable Wage Act" and State Legislation, A.B. 2857, "Livable Wage Act; and declaring the week of October 13-19 as "Jobs for All Week". Sponsors Supervisors Yaki, Alioto, Ammiano, Bierman, Katz, Leal, Teng. File 13-96-41, Resolution No. 956-96 (October 9, 1996 - Referred to Board for consideration on October 15, 1996.) Adopted. [Final Map, 390-398 Guerrero Street] Motion approving final map of 390-398 Guerrero Street, a Business and Residential Condominium Project, being a subdivision of Lot 15 in Assessor's Block 3556, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-36 (October 3, 1996 - Referred to Board for consideration on October 15, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. 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 motions. Adopted [Serious Injury Finding] Motion that the Board finds by roll call vote that for the resolution (s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Yaki, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: [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 Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. [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 Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. [Imperative Resolutions] Adopted [Commend California College of Arts and Crafts] Resolution commending California College of Arts and Crafts on the occasion of the inauguration of its new San Francisco campus and for its long commitment to education in the City and County of San Francisco. File 006-96-156, Resolution No. 927-96 Supervisors Kaufman, Leal, Alioto, Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. [Extension of Time for Planning Commission] Resolution extending to December 31, 1996 the time for the Planning Commission to render its decision on an amendment to the Planning Code initiated by the Board of Supervisors to permit transit shelter advertising on median transit boarding platforms on the Embarcadero and King Street. File 115-96-008.01, Resolution No. 946-96 Supervisor Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 6. Absent: Supervisors Alioto, Bierman, Hsieh, Katz, Shelley - 5. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Former Charter Provisions] Ordinance amending Administrative Code by adding Section 2A.190 relating to the Department of Public Works. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered at the October 22, 1996 meeting. File 097-96-019.05. [Former Charter Provisions] Ordinance amending Administrative Code by adding Sections 16.5, 16.96-1 and 16.9-31 to codify Sections 8.311, 8.410 and 8.411 of the 1932 Charter, respectively; amending Sections 16.4 and 16.89-17 to codify Sections 7.702 and 8.104 of the 1932 Charter respectively; making necessary changes to conform to the 1996 Charter; and repealing former charter Sections 7.701, 7.702, 7.703, 8.104, 8.106, 9.104, 9.113, 9.114 and 9.115 converted to ordinance by operation of Charter Section 18.103. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered at the October 22, 1996 meeting. File 097-96-019.06. [Former Charter Provisions] Ordinance amending Administrative Code by adding Sections 16.702, 2A.170, 2A.171, 2A.172, 2A.180, 10.04, 10.05, 10.06, 10.07, 10.08, 10.19-1, 10.19-2, 10.08-1, 10.08-2, 2.60, 10.19-3, 10.117-116, 10.117-117, 1.20, 10.158-1, 6.07, 6.64, 6.65, 2.61, 2.62, 2.63, 23.1-1, 23.25-2, 23.25-3, 23.6-3, 2A.173, 1.51, 1.52, 1.53, 1.54 and 1.55 to codify Sections 3.680, 3.691, 3.693, 3.694, 3.698-3, 6.207, 6.301, 6.302, 6.303, 6.304, 6.309, 6.310, 6.312, 6.313, 6.401 6.402, 6.407-1, 6.407-2, 6.410, 7.104, 7.201, 7.202, 7.206, 7.304, 7.306, 7.308, 7.401, 7.402, 7.403, 7.403-1, 7.404, 7.405, 7.600, 7.601, 7.604, 7.605 and 7.606 of the 1932 Charter,respectively; making necessary changes to conform to the 1996 Charter; and repealing former Charter Sections 3.692, 3.698-1, 3.698-2, 3.699-2, 3.707, 6.400, 6.403, 6.407, 6.408, 7.205, 7.402-1 and 7.602. converted to ordinance by operation of Charter Section 18.103. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered at the October 22, 1996 meeting. File 097-96-019.07. [Displaced Worker Protection Act] Ordinance amending Administrative Code by adding Chapter 75 to provide for the retention of security, janitorial and building maintenance workers when a successor contract is awarded. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee. File 097-96-055. Referred to Board [San Francisco Fashion Industries] Resolution commending the San Francisco Fashion Industries on its 77th Anniversary and declaring November 2, 1996 as "San Francisco Fashion Industry Day" in San Francisco. Supervisors Teng, Alioto, Hsieh, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 006-96-157. [Aviation Training Project Partnership] Resolution commending United Airlines and City College of San Francisco Aviation Training Project upon its successful completion in Shanghai and declaring October 22, 1996 as "Partnership in Training Day" in San Francisco. Supervisors Teng, Katz, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 006-96-158. [Commend "Kung Pao Kosher Comedy"] Resolution commending "An Evening of Kung Pao Kosher Comedy" and its creator, Lisa Geduldig, for contributing to humor in San Francisco, for their charitable contributions and for giving Jewish (and other) San Franciscans something to do on Christmas and proclaiming December 23, 24, and 25, 1996 as "Kung Pao Kosher Comedy Days" in San Francisco. Supervisors Kaufman, Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 006-96-159. Referred to Committee [Substance Abuse Treatment on Demand] Resolution endorsing the goal of substance abuse treatment on demand for indigent San Franciscans and urging the Mayor, the Health Commission and the Director of Public Health to provide full funding in the City and County's fiscal 1997/1998 budget for substance abuse treatment on demand. Supervisors Leal, Alioto, Ammiano presented. Referred to Health, Public Safety/Environment Committee with request it be considered at the November 7, 1996 meeting. File 030-96-020. [South Bayshore/Hunters Point Redevelopment] Resolution approving and adopting procedures in the Articles of Formation for a Redevelopment Project Area Committee for the South Bayshore/Hunters Point Redevelopment Project. Supervisor Bierman presented. Referred to Housing/Land Use Committee with request it be considered at the November 14, 1996 meeting. File 071-96-002. [Union Street Design Guidelines] Ordinance amending Planning Code by amending Section 725.1 to adopt the "Union Street Design Guidelines" for review of permits and to require notice of permits to the Union Street Association in certain instances. Supervisor Shelley presented. Referred to Rules Committee. File 115-96-013. [Redevelopment Project Area Committees] Resolution establishing procedures for the election of members to Redevelopment Project Area Committees in City and County of San Francisco. Supervisor Bierman presented. Referred to Housing/Land Use Committee with request it be considered at the November 14, 1996 meeting. File 161-96-007. [Street Artists] Resolution designating temporary selling spaces in the downtown area and at Harvey Milk Plaza for street artists certified by the Art Commission, City and County of San Francisco, for the winter holiday season, 1996, beginning on November 15, 1996 and ending on January 15, 1997. Supervisors Teng, Bierman, Alioto presented. Referred to Housing/Land Use Committee. File 169-96-004. Referred to Board [Parking Citations - Amnesty] Resolution urging his honor, the Mayor, to grant a general amnesty to individuals who received parking citations on October 14, 1996 involving meter and time-limit violations only. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 190-96-010. [Parkside Square Tai Chi Area] Resolution supporting the Recreation and Park Department's recommendation to establish a Tai Chi exercise area on one tennis court at Parkside Square for a six-month trial period. Supervisors Teng, Alioto, Hsieh, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 193-96-009. [Meeting Needs of Lesbian/Gay/Bisexual Students] Resolution urging the San Francisco Unified School District Board of Education to adopt legislation that insures schools in the City and County of San Francisco are safe places for lesbian, gay, bisexual, transgender and questioning youth. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 21, 1996. File 211-96-006. Referred to Committee [Juvenile Crime Enforcement Grant Program] Resolution authorizing the Juvenile Probation Department to apply for, accept, and expend grants in an amount not to exceed $2,150,000 from the State Board of Corrections under the Juvenile Crime Enforcement and Accountability Challenge Grant Program, and waiving indirect costs. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee with request it be considered at the October 22, 1996 meeting. File 214-96-003. [Juvenile Justice Coordinating Council] Resolution establishing a multi-agency juvenile justice coordinating council to develop a local action plan to provide a continuum of responses to juvenile crime and delinquency. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee with request it be considered at the October 22, 1996 meeting. File 214-96-004. [Mid-Market Redevelopment Project Area Committee] Resolution approving and adopting procedures in the Articles of Formation for a Redevelopment Project Area Committee for the Mid-Market Redevelopment Project. Supervisor Bierman presented. Referred to Housing/Land Use Committee with request it be considered at the November 14, 1996 meeting. File 291-96-001. Requests for Hearings: [City Contractors] Hearing to consider establishing policy that City and County shall contract for the delivery of City services only with agencies or companies which do not engage in activities, including but not limited to activities which could give rise to labor disputes which would interfere with the contractor's ability to provide these essential services to the City dependably and without interruption. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-056. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-080. [Arnold Bletnitsky et al, v. CCSF et al.] Ordinance authorizing settlement of litigation of Arnold Bletnitsky against the City and County of San Francisco by payment of $7,500. (Municipal Court No. 122-989) (City Attorney). Referred to Government Efficiency/Labor Committee. File 045-96-081. [Julia Hannon v. CCSF et al.] Ordinance authorizing settlement of litigation of Julia Hannon against the City and County of San Francisco by payment of $20,000. (Superior Court No. 967-638). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-082. [David Johansen v. Lakeside Company/CCSF et al.] Ordinance authorizing settlement of litigation of David Johansen against the City and County of San Francisco by payment of $13,500. (Superior Court 967-070) (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-083. [Goldbarg Fahid et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Goldbarg Fahid against the City and County of San Francisco by payment of $30,000. (U.S. District Court No. C94-3523 CAL). (City Attorney) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 010-96-008. [Encroachment Permit, Polk/Myrtle Streets] Resolution granting revocable permission to DPR Construction, Inc. to temporarily close and occupy the west sidewalk and a portion of the street area on Polk Street and the south sidewalk and a portion of the street area on Myrtle Street for demolition and related construction operations at 1000 Van Ness Avenue/901 Polk Street (Block 715, Lots 2 & 5). (Department of Public Works) Referred to Housing and Land Use Committee. File 010-96-009. [Encroachment Permit, 21st Street/Treat Avenue] Resolution granting revocable permission to S.J. Amoroso Construction Company, Inc. to temporarily close and occupy the south sidewalk and a portion of the Street area on 21st Street and the east sidewalk and a portion of the street area on Treat Avenue during construction operations at Moscone Elementary School at 2576 Harrison Street (Block 3613, Lot 1). (Department of Public Works) Referred to Housing and Land Use Committee. File 040-96-023. [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 040-96-024. [Residential Parking Area "W", SFGH Area] Resolution extending the boundaries of Residential Permit Parking Area "W" in the San Francisco General Hospital Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-025. [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 048-96-044. [Settlement of Claim, Marc Kudrna] Resolution approving the settlement of the unlitigated claim of Marc Kudrna by payment of $8,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 089-96-010. [SDI Coverage, A978 Senior Database Administrator] Resolution authorizing enrollment of classification A978 Senior Database Administrator into the State Disability Insurance Program. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 107-96-004. [GAIN County Plan] Resolution approving the Greater Avenues for Independence (GAIN) Plan prepared by the San Francisco Department of Human Services for submission to the California Department of Social Services. (Department of Human Services) Referred to Economic Vitality/Social Policy Committee. File 213-96-005. [Federal Grant, Interactive Training Program] Resolution authorizing the Public Transportation Commission to apply for, accept, and expend an additional $30,000 of National Research Council-Transportation Research Board funds, through its TRANSIT-IDEA program, to develop an interactive training program to reduce violence against Muni personnel. (Also see File 147-95-5) (Public Transportation Commission) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Ammiano, that City Attorney prepare ordinance establishing policy that City and County shall contract for the delivery of City services only with agencies or companies which do not engage in activities, including but not limited to activities which could give rise to labor disputes which would interfere with the contractor's ability to provide these essential services to the City dependably and without interruption. File 97-96-56. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Mary Corwin Sponsors Supervisors Leal, Ammiano. Jose Antonio Burciaga Sponsor Supervisor Leal. File 2-96-41 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 6:00 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 December 16, 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