Board of Supervisors Minutes: October 21, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, October 21, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date. CALLING THE ROLL In the absence of the President, who was on his way from Sacramento, the meeting was called to order at 2:10 p.m. by the Acting Clerk. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Alioto, Katz, Shelley - 3. Quorum present. Supervisor Alioto was noted present at 2:12 p.m. Supervisor Katz was noted present at 2:12 p.m. Supervisor Shelley was noted present at 2:13 p.m. Election of President Pro Tempore Following roll call of attendance by the Acting Clerk, Supervisor Kaufman, seconded by Supervisor Ammiano, moved that Supervisor Leal be appointed President Pro Tempore. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Alioto, Shelley - 2. The President assumed the Chair at 2:13 p.m. Suspension of the Rules Visitors Welcomed Supervisor Ammiano, seconded by Supervisor Kaufman, moved to suspend Rule 4.25 of the Rules of Order of the Board of Supervisors to welcome three groups of visitors. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11 Supervisor Ammiano introduced and welcomed two individuals from Burma who thanked the Board for its position prohibiting contracts for personal services with those who do business in Burma, and prohibiting the purchase of any commodities produced in Burma. Supervisor Teng introduced and welcomed Tang Wei Ying, Mayor of Shao Quan Guangdong Province in China who brought greetings to the City of San Francisco. President Shelley introduced and welcomed a delegation of twelve city officials from the Netherlands who are on a Study Tour in the United States. Mr. Peter Dudink brought greetings to the City and presented the President with a ceramic plate from his country. CONSENT CALENDAR Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 411-96 (USDC, Northern District of California Case No. C95-1733.) Finally passed. [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. 412-96 (USDC, Northern District of California Case No. C96-2099 WHO.) Finally passed. [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. 413-96 (Superior Court No. 974-431.) Finally passed. [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. 414-96 (Superior Court No. 971-157.) Finally passed. [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. 415-96 (Superior Court No. 933-460.) Finally passed. [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. 416-96 (Superior Court No. 975-030.) Finally passed. [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. 417-96 (U.S. District Court No. C93-3722 DLJ.) Finally passed. [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. 418-96 (Superior Court No. 977-778.) Finally passed. [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. 419-96 (S.F. Municipal Court No. 110-129.) Finally passed. [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. 420-96 (Superior Court No. 968-433.) Finally passed. [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. 421-96 (Superior Court Case No. 974-074.) Finally passed. [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. 422-95 (Superior Court No. 963-945.) Finally passed. [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. 423-96 Finally passed. [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. 425-96 Finally passed. Recommendations of Housing and Land Use Committee Adopted [Residential Parking Area "U", South of Market] Resolution amending the boundaries of Residential Permit Parking Area "U" in the South of Market Area to include Lot 45 of Block 3774 (557 and 559 Second Street). (Department of Parking and Traffic) File 40-96-21, Resolution No. 962-96 Adopted. [Residential Parking Area "D", Glen Park] Resolution extending the boundaries of Residential Permit Parking Area "D", in the Glen Park Area and adding Baden Avenue, between Monterey Boulevard and Mangels Avenue, both sides, and Joost Avenue, between Congo Street and Baden Avenue, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-22, Resolution No. 963-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Brown - 1. REGULAR CALENDAR UNFINISHED BUSINESS From Committee of the Whole Finally Passed (See Journal of Proceedings of November 18, 1996 for disapproval by Mayor.) [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.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noes: Supervisor Hsieh - 1. Recommendation of Housing and Land Use Committee Finally Passed [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. 424-96 (Amends Section 515.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $14,233,588, Fire Department, of 1992 Fire Protection Bond proceeds to capital improvement projects for project management, architectural, engineering, construction, real estate and disruption expenses at Fire Department and Public Works for fiscal year 1996-97; placing a reserve of $7,864,100 and providing for ratification of action previously taken. (Controller) File 101-96-12, Ordinance No. (Fiscal impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted [Local Agency Military Base Recovery Area] Resolution authorizing the Redevelopment Agency of the City and County of San Francisco to apply to the State of California for designation of Hunters Point Naval Shipyard as a Local Agency Military Base Recovery Area. Sponsors Supervisors Shelley, Kaufman, Bierman, Hsieh, Teng, Brown. File 71-96-1, Resolution No. 966-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Brown requested to be added as co-sponsors. Recommendations of Housing and Land Use Committee Passed for Second Reading [Underground District, Cesar Chavez Street] Ordinance creating Underground District No. 323 along Cesar Chavez Street. (Department of Public Works) File 52-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Underground District, Duboce Avenue] Ordinance creating Underground District No. 324 along Duboce Avenue. (Department of Public Works) File 52-96-4, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Underground District, Gough/Green Streets] Ordinance creating Underground District No. 325 in the Gough/Green Streets District; companion measure to File 52-96-5.1. (Department of Public Works) File 52-96-5, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Adopted [Lighting Assessment District, Gough/Green Streets] Resolution determining to undertake proceedings to form an assessment district pursuant to Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in the Gough/Green Streets District; authorizing engineer's report; companion measure to File 52-96-5. (Department of Public Works) File 52-96-5.1, Resolution No. 964-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Underground District, Inner Sunset District] Ordinance creating Underground District No. 327 in the Inner Sunset District; companion measure to File 52-96-6.1. (Department of Public Works) File 52-96-6, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Lighting Assessment District, Inner Sunset District] Resolution determining to undertake proceedings to form an assessment district pursuant to Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in the Inner Sunset District; authorizing engineer's report; companion measure to File 52-96-6. (Department of Public Works) File 52-96-6.1, Resolution No. 965-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Liquor License, 530 Mason Street] Resolution determining that the transfer of a Type 21 off-sale general alcoholic beverage license from 2575 San Bruno Avenue to Mazen and Dina Zughyar for Mason Liquor and Deli located at 530 Mason Street, will serve the convenience and necessity of the people of the City and County of San Francisco in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-31, Resolution No. 979-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Parking Study-West Civic Center Area] Resolution urging the Parking and Traffic Commission to instruct the Department of Parking and Traffic to undertake a long-term parking and transit study of the West Civic Center area, keeping in mind the City's transit first policy. Sponsor Supervisor Kaufman. File 190-96-7, Resolution No. 974-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Fulton Street Mall Design Guidelines] Resolution approving a text amendment to the Civic Center Area Plan of the San Francisco General Plan to reference the Fulton Street Mall Design Guidelines adopted by the Planning Commission, and incorporating by reference findings pursuant to the California Environmental Quality Act relating to the Fulton Street Mall, as analyzed in the San Francisco Main Library Final Environmental Impact Report, Case No. 90.808E and re-evaluated in the Asian Art Museum Project EIR Addendum to that Environmental Impact dated May 1, 1996. (Planning Department) File 271-96-2, Resolution No. 980-96 (July 25, 1996 - Approved by Planning Commission Resolution No. 14165.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Recommendations of Rules Committee Adopted [Appointment] Resolution appointing member to the Park and Open Space Advisory Committee, for new two-year term ending July 1, 1998. (Rules Committee) File 92-96-30.4, Resolution No. 967-96 (Lonnie Lawson, vice Sharon Hewitt, term expired, Seat 23307.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointments] Assessment Appeals Board #1] Resolution appointing two members to Assessment Appeals Board #1, for new three-year terms ending September 6, 1996. (Rules Committee) File 92-96-42, Resolution No. 968-96 (Ermelinda Trevino, vice Mark Hagopian, Seat 21003, Regular position; Fiona Ma, vice herself, Seat 21004, Hearing Officer, Alternate position, terms expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointments] Resolution appointing three members to Assessment Appeals Board #2. (Rules Committee) File 92-96-43, Resolution No. 969-96 (Lawrence Lee, vice himself, Seat 21008, regular position, term expired September 3, 1996, for new two-year term ending September 7, 1998; Hayes D. Miles, vice himself, Seat 21014 Hearing Officer, alternate position, term expired September 3, 1996, for new two-year term ending September 7, 1988; Elizabeth McQuiston, vice herself, Seat 21011 Hearing Officer, alternate position, term expired September 3, 1996, for new three-year term ending September 6, 1999.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointments] Resolution appointing five members to the Drug Abuse Advisory Board. (Rules Committee) File 92-96-44.1, Resolution No. 970-96 (Matonia Harris, vice Lois Perillo, Seat 22102, law enforcement; Dominique Leslie, vice herself, Seat 22104, public-at-large; Jeffrey Reed, vice Pamela Gaddis, Seat 22106, public-at-large; Michelle Aldrich, vice herself, Seat 22107, public-at-large; terms expired for new three-year terms ending October 1, 1999; Jene Meyer, vice Gregg Lowder, Seat 22112, public-at-large, for unexpired portion of three-year term ending October 1, 1997.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Delinquency Prevention Commission, for unexpired portion of four-year term ending June 30, 1999. (Rules Committee) File 92-96-52.1, Resolution No. 971-96 (Maria Rosa Navarro, vice Megan Burke, Seat 21819, must have interest in and be knowledgeable regarding juvenile delinquency prevention.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, for the unexpired portion of four-year term ending December 22, 1996. (Rules Committee) File 92-96-54, Resolution No. 972-96 (Nancy Burns, vice Mike Conner, Seat 26715, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Resolution appointing member to the Lead Poisoning Prevention Citizens Advisory Committee, for unexpired portion of four-year term ending August 20, 1999. File 92-96-55, Resolution No. 973-96 (Ellen Frost, vice Rebecca Hernandez, Seat 26612, affordable housing representative.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Appointment] Motion approving Mayor's appointment of Shirley Dimapilis to serve as a member of the Human Rights Commission. (Rules Committee) File 33-96-29 (October 8, 1996 - Transmitted by the Mayor. May be rejected by two-thirds vote within 30 days.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Off-Site Meeting, Government Efficiency and Labor] Motion ordering the December 1996 meeting of the Government Efficiency and Labor Committee of the Board of Supervisors to be held on December 12, 1996, at 5:30 p.m. at the Everett Middle School, 450 Church Street. Sponsor Supervisor Ammiano. File 54-96-9 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Assessment Appeals Board Procedural Rules] Motion adopting Assessment Appeals Board Procedural Rules, effective July 15, 1996. (Assessment Appeals Board) File 129-96-1 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. SPECIAL ORDER 3:00 PM Hearing Held [Public Hearing] Hearing of all persons interested in or objecting to the recommendations of the Public Transportation Commission for partial abandonment of 29-Sunset service to facilitate a minor reroute in the main post area of the Presidio and partial discontinuance of certain late night trips. File 7-96-6 (Filed October 7, 1996.) (Proposed abandonment: Northbound on Lincoln between Halleck and Funston and Funston between Lincoln and Presidio; southbound on Funston between Presidio and Lincoln, Lincoln between Funston and Halleck, McDowell between Crissy Field Road and Lincoln and Lincoln between McDowell and Crissy Field Road to permit buses to be rerouted to Montgomery Street to better serve the Presidio Child Development Center, the Presidio Bowling Center, the Visitor Center and Park Headquarters. In addition, buses travelling from Letterman to the Golden Gate Bridge and points south would use Crissy Field Road rather than McDowell Avenue; (Proposed reduction of late night service hours: The last 29-Sunset late night south-bound trip would be discontinued and the last two late night north-bound trips would end service when they reach Stonestown. This would reduce the number of late night trips operating north of Golden Gate Park at 25th Avenue. No service would operate north of Geary Boulevard on Line 29 after approximately 12:35 A.M.) The President inquired if anyone present wished to speak. The privilege of the floor was granted to the following: Speaking in Favor: Ms. Lillick; Mary MacAffee; Carrie Farab; Carol Husbands; Eleanor Jarrold, Patricia Douglas. There were no speakers in opposition. There being no one else present wishing to speak, the President declared the hearing closed. (Only one of the following two resolutions should be adopted.) Adopted [Partial Abandonment, 29-Sunset Municipal Railway Service] Resolution approving partial abandonment of 29-Sunset Service to facilitate a minor reroute in the main post area of the Presidio and partial discontinuance of certain late night trips. Sponsor Supervisor Yaki. File 7-96-6, Resolution No. 961-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Tabled [29-Sunset Partial Abandonment of Service] Resolution disapproving partial abandonment of 29-Sunset service to facilitate a minor reroute in the main post area of the Presidio and partial discontinuance of certain late night trips. Sponsor Supervisor Yaki. File 7-96-6.1, Resolution No. Supervisor Leal, seconded by Supervisor Kaufman, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Camille Moran, Use of gender disorder diagnosis; Chris McDivitt, Quality of Muni service in the Sunset; Catherine Gordon, Favoring campaign consultant registration; Esther, Public official use of public transportation; Ann Kleinman, Traffic violations not being enforced; Rodney, Opposed to legalization of sex clubs. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [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. Sponsors Supervisors Teng, Alioto, Hsieh, Shelley, Bierman, Kaufman, Leal. File 006-96-157, Resolution No. 957-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisors Kaufman, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Katz, Alioto, Bierman, Leal. File 006-96-158, Resolution No. 958-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [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, Bierman, Katz, Leal) File 006-96-159, Resolution No. 959-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [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. Sponsor Supervisor Alioto, Bierman, Katz. File 190-96-010, Resolution No. 975-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [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. Sponsors Supervisors Teng, Alioto, Hsieh, Bierman, Shelley, Katz. File 193-96-009, Resolution No. 977-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisor Katz requested to be added as co-sponsor. [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. Sponsors Supervisors Ammiano, Alioto, Bierman, Katz. File 211-96-006, Resolution No. 978-96 (October 15, 1996 - Introduced in Board for consideration on October 21, 1996) Adopted. In connection with the above item, Supervisors Bierman, Katz requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Leal, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Leal, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. [Imperative Resolutions] Adopted [Commendation] Resolution commending Kathleen Sullivan Alioto and Helen and Charles Schwab for their outstanding efforts in organizing and promoting the "In The Way of Success" Symposium that will provide valuable information in teaching children with learning disabilities. File 006-96-160, Resolution No. 960-96 Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng - 10. Absent: Supervisor Yaki - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Sexual Harassment Policy] Substitute Ordinance amending Administrative Code by repealing Section 16.9-25 and adding Section 16.9-25 concerning policy on sexual harassment; charging the Human Resources Director with providing quarterly and annual reports on sexual harassment; and providing that the Commission on the Status of Women may offer support on related matters. Supervisors Shelley, Kaufman presented. Referred to Rules Committee. File 097-96-018.01. [Translators at Board of Supervisors Meetings] Ordinance amending Administrative Code by amending Section 67.15 to require that translators be provided at meetings of the full Board of Supervisors and Board of Supervisors' Committees upon request, provided that the request is made 48 hours before the meeting or by noon of the last business day of the preceding week for Monday or Tuesday meetings. Supervisors Teng, Katz, Brown presented. Referred to Economic Vitality/Social Policy Committee. File 097-96-058. Referred to Board [Commendation-Golden Gate Regional Center] Resolution honoring the Golden Gate Regional Center on its 30th Anniversary and commending the Center for 30 years of outstanding service to the San Francisco Community. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 006-96-161. [Commending Chinese Americans at MUNI] Resolution commending Chinese Americans at Muni(CAM) for their efforts to promote career advancement of Chinese Americans at Muni, and declaring November 1, 1996 to be "Chinese Americans At Muni Day". Supervisors Teng, Hsieh, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 006-96-162. [State Law-Tobacco Retail License] Resolution urging the State Legislature to amend State law to enact a licensing scheme for tobacco retailers, or to allow local governments to enact their own tobacco retail licensing schemes. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 012-96-044. [State Law-Tobacco Sale to Minors] Resolution urging the State Legislature to increase the penalties for selling cigarettes and tobacco products to minors. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 012-96-045. [Regional Coordination of Welfare Reform] Resolution urging coordination of regional and federal welfare reform efforts to insure access to services and to prevent further erosion of immigrants' access to services. Supervisors Katz, Teng, Brown, Alioto, Bierman, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 013-96-032.04. Referred to Committee [Declaring Safety Zone for Immigrants] Resolution declaring the City and County of San Francisco to be a "Safety Zone," free of discrimination based on immigration status. Supervisors Teng, Katz, Brown presented. Referred to Economic Vitality/Social Policy Committee. File 013-96-042. [Interim Controls, West Portal NCD] Resolution imposing Interim Zoning Controls to prohibit introduction of new bars, full-service restaurants, specialty groceries, and retail coffee stores in the West Portal Avenue Neighborhood Commercial District (as defined in the San Francisco Municipal Code, Part II, Chapter II (Planning Code), Section 729.1 et seq.) for an eighteen (18) month period and making determination of consistency with the Priority Policies of Planning Code Section 101.1. Supervisor Teng presented. Referred to Housing and Land Use Committee. File 111-96-005. Referred to Board [San Francisco Symphony] Resolution encouraging the management of the San Francisco Symphony to expedite negotiations with the Symphony musicians to maintain salary and benefits, scheduling and conditions, at a level to maintain world-class status of the San Francisco Symphony. Supervisors Ammiano, Alioto, Teng, Yaki, Katz, Bierman, Kaufman, Leal, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar October 28, 1996. File 197-96-006. Requests for Hearings: [Services for Lesbian, Gay, Bisexual Youth] Hearing to consider the provision of services for lesbian, gay, bisexual, transgender, and questioning youth, and to cover the findings from the Mayor's Children and Youth Summit, the Human Rights Commission's Queer Youth Speakout, as well as from governmental representatives and community-based organizations. Supervisors Katz, Bierman presented. Referred to Economic Vitality/Social Policy Committee. File 215-96-004. [Western Addition YWCA] Hearing to consider the YWCA's responsibility to the Japantown and Western Addition communities with respect to the YWCA building at 1830 Sutter Street. Supervisors Teng, Brown, Yaki, Katz, Ammiano, Bierman, Leal presented. Referred to Economic Vitality/Social Policy Committee. File 258-96-003. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board For Adoption Without Committee Reference Calendar October 28, 1996. File 030-96-001.21. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-083.01. [Goldbarg Fahid/Vega/Hawks, v. CCSF et al.] Ordinance authorizing settlement of litigation of Goldbarg Fahid/Andre Vega and Dawn Hawks against the City and County of San Francisco by payment of $30,000. (U.S. District Court No. C94-3523) (City Attorney) Referred to Government Efficiency/Labor Committee. File 092-96-056. [Appointment, Road Commissioner] Ordinance appointing Mark Primeau, Director of Public Works, Road Commissioner for the City and County of San Francisco, and repealing Ordinance No. 155-93. (Department of Public Works) Scheduled for public hearing before the full Board on Tuesday, November 12, 1996, at 3:00 p.m. File 097-96-057. [Police Department Membership] Ordinance amending Administrative Code by amending Section 16.6-47.1 relating to Police Department memberships by adding specified organizations. (Police Commission) Referred to Budget Committee. File 101-96-013. [Appropriation, Department of Human Services] Ordinance appropriating $63,773, Department of Human Services, of Federal Revenue, and transferring $110,602 of IHSS-IP payments to fund $174,375 of IHSS contract payments to increase IHSS worker wages for fiscal year 1996-97. RO #96099. (Controller) Referred to Budget Committee. File 172-96-036. [Hospital Services Contract] Ordinance authorizing the Director of Public Health to execute an agreement with Baycare Medical Group for the Department of Public Health to provide hospital services to managed care enrollees, which agreement includes binding arbitration, indemnification, risk sharing, and limited authority for the Director of Health to execute amendments. (Department of Public Health) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 040-96-026. [Residential Parking Area "D", Glen Park] Resolution extending the boundaries of Residential Permit Parking Area "D" in the Glen Park 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 040-96-027. [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 to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-028. [Residential Parking "A" Telegraph Hill/North Beach] Resolution amending the boundaries of Residential Permit Parking Area "A" in the Telegraph Hill/North Beach Area. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-029. [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/Land Use Committee. File 048-96-045. [Settlement of Claim, Ricardo Hernandez] Resolution approving the settlement of the unlitigated claim of Ricardo Hernandez by payment of $165,217.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-046. [Settlement of Claim, Enrique and Juana Aldaz] Resolution approving the settlement of the unlitigated claim of Enrique and Juana Aldaz by payment of $14,132.82. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-020. [Lease Amendment, 875 Stevenson Street] Resolution authorizing a lease amendment at 875 Stevenson Street for the Department of Telecommunications and Information Services and other departments. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 084-96-003. [Option to Acquire Property] Resolution authorizing the Director of Property to enter into an option agreement for the purchase of real property located at 349-65 7th Street and 45 Cleveland Street and the payment of a non-refundable deposit of up to Four Hundred Eighty-Four Thousand Five Hundred Dollars ($484,500). (Real Estate Department) Referred to Budget Committee. File 143-96-007. [Grant, Family Violence Prevention and Services] Resolution authorizing the Chief of Police of the City and County of San Francisco to retroactively apply for, accept and expend funds, excluding indirect costs not applicable under this program, in the amount of Thirty Five Thousand Dollars ($35,000.00) for a project known as the "Family Violence Prevention Services-Public Information/Community Awareness Program" and agreeing to provide an in-kind match in the amount of Twelve Thousand Seven-Hundred Eleven Dollars ($12,711.00). (Department of Parking and Traffic) Referred to Government Efficiency/Labor Committee. File 143-96-008. [Grant, Civilian Personnel Component Program] Resolution authorizing the Chief of Police of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of Three Hundred Nine Thousand One Hundred Seventy Nine Dollars ($309,179.00), excluding indirect costs not allowed under this program, for a project known as the, "Civilian Personnel Component" from the United States Department of Justice's Office of Community Oriented Policing Services-Making Officer Redeployment Effective Program (COPS-MORE), and agreeing to provide a match in the amount of One Hundred Eight Thousand Two Hundred Seventy Seven Dollars ($108,277.00) (Police Department) Referred to Government Efficiency/Labor Committee. File 148-96-005. [Grant, State Local Transportation Partnership Prog] Resolution authorizing the Director of Public Works to expend up to $1,038,069 from the State of California for roadway work on City streets in accordance with the State-Local Transportation Partnership Program (7th Cycle) waiving indirect costs. (Department of Public Works) 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 Bierman, that City Attorney prepare ordinance to add Section 138.1 to Article 4.1 Industrial Waste, under San Francisco Public Works Code to prescribe procedures by which any person or entity may bring an action for civil penalties, declarative relief or equitable relief to enforce certain provisions of Artile 4.1 involving violations regarding pretreatment requirements. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Jung Taek Wang Sponsor Supervisor Kaufman. Frank Quinn Sponsors Supervisors Leal, Bierman. File 2-96-42 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:38 p.m. adjourned. Jean C. Lum, Acting 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 23, 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