Board of Supervisors Minutes: October 28, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, October 28, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date. CALLING THE ROLL In the absence of President Kevin Shelley, the meeting was called to order at 2:06 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 7. Noted absent at first roll call: Supervisors Bierman, Hsieh, Katz, Shelley - 4. Quorum present. Supervisor Bierman was noted present at 2:11 p.m. Supervisor Hsieh was noted present at 2:35 p.m. Supervisor Katz was noted present at 2:10 p.m. Supervisor Shelley excused. (See infra.) Election of President Pro Tempore Following roll call of attendance by the Clerk, Supervisor Kaufman, seconded by Supervisor Ammiano, moved that Supervisor Leal be appointed President Pro Tempore. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 7. Absent: Supervisors Bierman, Hsieh, Katz, Shelley - 4. Supervisor Shelley Excused The Clerk stated Supervisor Shelley requested to be excused from attending today's meeting. Supervisor Yaki, seconded by Supervisor Kaufman, moved to excuse Supervisor Shelley. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Kaufman, Leal, Teng, Yaki - 7. Absent: Supervisors Bierman, Hsieh, Katz, Shelley - 4. Presentation of Guests Suspension of the Rules Supervisor Brown introduced and welcomed Carlos Ortez and Yasmina Ponce, youth leaders from Este, Nicaraqua. There being no objection, on motion by Supervisor Brown, seconded by Supervisor Ammiano, the rules of order were suspended to grant privilege of the floor to the above guests. Carlos Antonio Ruiz Ortez and Liver Yasmina Blandon Ponce thanked the Board for the opportunity to speak and spoke of their commitment to strengthen ties with the City and County of San Francisco especially in the area of youth issues. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 430-96 (Fiscal impact.) Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [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. 426-96 Finally passed. [Underground District, Duboce Avenue] Ordinance creating Underground District No. 324 along Duboce Avenue. (Department of Public Works) File 52-96-4, Ordinance No. 427-96 Finally passed. [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. 428-96 Finally passed. [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. 429-96 Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Stone et al., v. CCSF et al.] Ordinance authorizing settlement of appellate attorneys' fees litigation in Stone, et al., v. City and County, et. al., including the payment of $113,200 in attorneys' fees. (City Attorney) File 45-96-79, Ordinance No. (U.S. Court of Appeal No. 94-16015 and U.S. District Court No. C78-2774 WHO.) Passed for second reading. [Arnold Bletnitsky et al, v. CCSF et al.] Ordinance authorizing settlement of litigation of Arnold Bletnitsky against the City and County by payment of $7,500. (City Attorney) File 45-96-80, Ordinance No. (Municipal Court No. 122-989.) Passed for second reading. [Julia Hannon v. CCSF et al.] Ordinance authorizing settlement of litigation of Julia Hannon against the City and County by payment of $20,000. (City Attorney) File 45-96-81, Ordinance No. (Superior Court No. 967-638). Passed for second reading. [David Johansen v. Lakeside Company/CCSF et al.] Ordinance authorizing settlement of litigation of David Johansen against the City and County by payment of $13,500. (City Attorney) File 45-96-82, Ordinance No. (Superior Court 967-070.) Passed for second reading. [Goldbarg Fahid et al., v. CCSF et al.] Ordinance authorizing settlement of litigation of Goldbarg Fahid against the City and County by payment of $30,000. (City Attorney) File 45-96-83, Ordinance No. (U.S. District Court No. C94-3523 CAL.) Passed for second reading. Adopted [Lease Agreement, 205-13th St. Off-Street Parking] Resolution authorizing the lease agreement for off-street parking at 205-13th Street for the Department of Building Inspection effective the later of September 23, 1996 or upon the date City receives 24-hour notice to vacate their current parking site. (Real Estate Department) File 47-96-11, Resolution No. 1027-96 Adopted. [Settlement of Claim, Maryann Acosta] Resolution approving the settlement of the unlitigated claim of Maryann Acosta by payment of $15,000. (City Attorney) File 48-96-42, Resolution No. 988-96 Adopted. [Settlement of Claim, Balboa Life and Casualty] Resolution approving the settlement of the unlitigated claim of Balboa Life and Casualty by payment of $9,000. (City Attorney) File 48-96-43, Resolution No. 989-96 Adopted. [Settlement of Claim, Marc Kudrna] Resolution approving the settlement of the unlitigated claim of Marc Kudrna by payment of $8,000. (City Attorney). File 48-96-44, Resolution No. 990-96 Adopted. [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) File 89-96-10, Resolution No. 991-96 Adopted. [Grant - State, Household Hazardous Waste] Resolution authorizing the City Administrator to apply for up to $120,000 in discretionary grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs; providing for ratification of action previously taken. Sponsor Supervisor Alioto. File 133-96-5, Resolution No. 992-96 Adopted. [Federal Grant, "COPS-Universal Hiring" Program] Resolution authorizing the Chief of Police to retroactively apply for, accept and expend funds in the amount of Seven Hundred Fifty Thousand Dollars ($750,000), excluding indirect costs not permissible under this program, for new funding for a three year project entitled, "Community Oriented Policing Services-Universal Hiring Program" (COPS-Universal Hiring), plus a cash match of Nine Hundred Twenty-Five Thousand Seven Hundred Fifty Dollars ($925,750). Sponsors Supervisors Alioto, Shelley. File 143-96-6, Resolution No. 994-96 Adopted. [State Grant, Childhood Lead Prevention Program] Resolution authorizing the Department of Public Health, Childhood Lead Prevention Program, to retroactively accept and expend the Medi-Cal allocation of $101,533 which includes indirect costs in the amount of $16,807 based on 20% of salaries from the Department of Health Services for childhood lead poisoning case management of Medi-Cal enrolled or eligible children. Sponsors Supervisors Alioto, Shelley. File 146-96-21, Resolution No. 995-96 Adopted. [Acceptance/Expenditure of State Grant Funds] Resolution authorizing the acceptance and expenditure of State grant funds by the Department of Public Health for 1996-97. Sponsor Supervisor Alioto. File 146-96-22, Resolution No. 996-96 Adopted. [Federal Grant, Substance Abusing Pregnant Women] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant in the amount of $195,034, which includes indirect costs in the amount of $33,849, based on 21% of direct costs, from the Department of Health and Human Services, Public Health Service, for a research project to study the effectiveness of a strategy for substance abusing pregnant women. Sponsors Supervisors Alioto, Shelley. File 146-96-23, Resolution No. 997-96 Adopted. [Agreement, CCSF/University of California] Resolution approving mutual indemnification provision in an agreement between the Adult Probation Department and the Regents of the University of California, for evaluation services as specified in the Criminal Justice Network Treatment Grant. (Adult Probation Department) File 172-96-35, Resolution No. 999-96 Adopted. [Juvenile Justice Coordinating Council] Resolution establishing a multiagency Juvenile Justice Coordinating Council to develop a local action plan to provide a continuum of responses to juvenile crime and delinquency. Sponsor Supervisor Yaki. File 214-96-4, Resolution No. 1004-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. REGULAR CALENDAR NEW BUSINESS Recommendation of Budget Committee Adopted [Automated Victim Notification Program] Resolution urging the Sheriff to take the necessary steps to implement an automated Victim Notification Program known as the VINE System at the earliest possible time. Sponsors Supervisors Kaufman, Alioto, Leal, Shelley, Bierman, Hsieh, Teng, Yaki, Katz. File 195-96-2, Resolution No. 1000-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. In connection with the above item, Supervisors Teng, Yaki, Katz requested to be added as co-sponsors. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Catastrophic Sick Leave Policy] Ordinance amending Administrative Code, by naming this section T.J. Anthony Catastrophic Sick Leave Policy - Transfer of Sick Leave and Vacation Credits to Catastrophically Sick Employees. Sponsors Supervisors Kaufman, Katz, Shelley, Teng, Leal, Alioto, Ammiano, Yaki, Brown, Bierman. File 97-96-8.2, Ordinance No. (Amends Section 16.9-29.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. In connection with the above item, Supervisors Brown, Bierman, requested to be added as co-sponsors. [City Contracts Domestic Partner Benefits] Ordinance amending Administrative Code, to prohibit the City from entering into any contracts or other agreements with any party that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, and to define domestic partner for the purposes of these sections. Sponsors Supervisors Ammiano, Katz, Alioto, Bierman, Leal, Kaufman, Yaki, Brown, Teng. File 97-96-33, Ordinance No. (Amends Sections 12B.1, 12B.2, 12C.1 and 12C.2.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. In connection with the above item, Supervisors Brown, Teng requested to be added as co-sponsors. Adopted [Community Policing to Combat Domestic Violence] Resolution authorizing the Chief of Police to apply for retroactively, accept and expend funds in the amount of Two Hundred Thousand Dollars ($200,000.00) excluding indirect costs not allowed under this program, for a project known as the "Community Policing to Combat Domestic Violence" and agreeing to provide an in-kind match in the amount of Eighty-Nine Thousand One-Hundred Fifty-Eight Dollars ($89,158). Sponsors Supervisors Alioto, Shelley, Kaufman, Teng, Bierman. File 143-96-5, Resolution No. 993-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. In connection with the above item, Supervisors Teng, Bierman requested to be added as co-sponsors. [Liability Limitation] Resolution approving the limitation of liability in agreement for business recovery services with International Business Machines Corporation with the Department of Telecommunications and Information Services and Office of the Assessor, AS 400 Maintenance Agreement. Sponsor Supervisor Bierman. File 172-96-29.1, Resolution No. 998-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. [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. (Public Transportation Commission) File 213-96-5, Resolution No. 1002-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. [Juvenile Crime Enforcement Grant Program] Resolution authorizing the Juvenile Probation Department to apply for 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. Sponsor Supervisor Yaki. File 214-96-3, Resolution No. 1003-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisors Hsieh, Shelley - 2. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so Supervisor Leal can participate in the debate. Recommendation of Health, Public Safety and Environment Committee Consideration Continued [Tobacco Products] Ordinance amending Police Code, to prohibit self-service merchandising of tobacco products except in places to which minors have no access. Sponsors Supervisors Alioto, Bierman, Yaki, Ammiano, Katz, Teng, Brown, Leal. File 121-95-8, Ordinance No. (Adds Article 46, Sections 4600 through 4600.8.) Supervisor Alioto, seconded by Supervisor Kaufman, moved to continue consideration to November 12, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. Request Granted At the request of Supervisor Teng, the Clerk was directed to refer above legislation to the Small Business Advisory Commission for consideration and report back to the Board of Supervisors by November 12, 1996. President Pro Tempore Susan Leal resumed the Chair. Recommendations of Select Committee on Charter Implementation Passed for Second Reading [Former Charter Provisions] Ordinance amending Administrative Code, relating to the Department of Public Works. Sponsor Supervisor Kaufman. File 97-96-19.5, Ordinance No. (Adds Section 2A.190.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Former Charter Provisions] Ordinance amending Administrative Code, to convert various 1932 Charter Sections to ordinance and to repeal former 1932 Charter Sections by operation of Charter Section 18.103. Sponsor Supervisor Kaufman. File 97-96-19.6, Ordinance No. (Adds Section 16.5, to codify Section 8.311 of the 1932 Charter; amends Sections 16.4 and 16.89-17, to codify Sections 7.702 and 8.104 of the 1932 Charter; making necessary changes to conform to the 1996 Charter; and repealing former Charter Sections 7.701, 7.702, 7.703, 8.104, 8.106, 8.410, 8.411, 9.104, 9.113, 9.114 and 9.115.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Former Charter Provisions] Ordinance amending Administrative Code to convert various 1932 Charter Sections to ordinance and repealing former 1932 Charter Sections by operation of Charter Section 18.103. Sponsor Supervisor Kaufman. File 97-96-19.7, Ordinance No. (Adds 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, 1.20, 10.158-1, 6.07, 6.64, 6.65, 2.61, 2.62, 2.63, 23.1-1, 23.25-1, 23.25-2, 23.25-3, 23.6-3, 2A.173, 1.51, 1.52, 1.53 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, 6.410, 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, and 7.606 of the 1932 Charter; 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, 6.407-2, 6.408, 7.205, 7.402-1, 7.602 and 7.605.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. 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 Ammiano, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. Recess The Board recessed at the hour of 2:57 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 3:20 p.m. reconvened. Calling the Roll On call of the roll, the following Supervisors were noted present: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Noted absent: Supervisor Shelley - 1. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported the Board of Supervisors convened in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). The meeting was informational only and no action was taken. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations concerning possible litigation. Supervisor Teng, seconded by Supervisor Kaufman, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ernestine Weiss, Ferry Park; Frances Zander, Municipal Railway; David Rutty, political campaign signs on utility poles; Jim Tams, oppose ban on cigarette counter display; James Chaffee, library card catalog preservation; Whirlwind Dreamer, homeless issues; Ms. Freeman, childhood lead program grant. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 81ese 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 [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. Sponsors Supervisors Yaki, Alioto, Bierman, Teng, Katz, Leal. File 6-96-161, Resolution No. 981-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. In connection with the above item, Supervisors Teng, Katz, Leal requested to be added as co-sponsors. [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". Sponsors Supervisors Teng, Hsieh, Shelley, Alioto, Bierman, Yaki, Katz, Leal. File 6-96-162, Resolution No. 982-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Katz, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Alioto, Leal. File 12-96-44, Resolution No. 985-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [State Law-Tobacco Sale to Minors] Resolution urging the State Legislature to increase the penalties for selling cigarettes and tobacco products to minors. Sponsors Supervisors Alioto, Katz, Leal. File 12-96-45, Resolution No. 986-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. In connection with the above item, Supervisors Katz, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Katz, Teng, Brown, Alioto, Bierman, Ammiano. File 13-96-32.4, Resolution No. 987-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. [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. Sponsors Supervisors Ammiano, Alioto, Teng, Yaki, Katz, Bierman, Kaufman, Leal, Shelley. File 197-96-6, Resolution No. 1001-96 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. [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 30-96-1.21 (October 21, 1996 - Introduced in Board for consideration on October 28, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 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 Alioto, seconded by Supervisor Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 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 Alioto, seconded by Supervisor Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Imperative Resolutions] Adopted [Commend Ernst Meyer] Resolution commending Ernst Meyer for his many years of service to the residents of San Francisco as the proprietor of the Scandinavian Delicatessen and his many charitable contributions to the community. File 006-96-163, Resolution No. 983-96 Supervisor Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. [Commend Mark Hagopian] Resolution commending Mark Hagopian for his years of outstanding service as a member of the San Francisco Assessment Appeals Board. File 006-96-164, Resolution No. 984-96 Supervisor Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Absent: Supervisor Shelley - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Board [Commend Maeley Tom] Resolution commending Maeley Tom for distinguished lifetime achievement in public service and declaring November 8, 1996 as "Maeley Tom Day" in San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 006-96-165. [Commend Barbara W. Sahm] Resolution expressing the gratitude of the Board of Supervisors of San Francisco to Environmental Review Office, Barbara W. Sahm upon her retirement for twenty years of distinguished service to the City and County of San Francisco. Supervisors Bierman, Alioto, Brown, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 006-96-166. [Commend Asian American Theater Company] Resolution commending the Asian American Theater Company on its 24 years of outstanding artistic contributions to the community and on its production of "Yellow Fever" running November 8 through December 1, 1996 at the Noh Space in San Francisco. Supervisors Hsieh, Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 006-96-167. [Commendation] Resolution commending Mark Primeau and Alexander Mamak of the Department of Public Works, Joel Robinson of the Recreation and Park Department and Bevan Dufty of the Mayor's Office on their plan for a pilot program for the creation of a Department of Neighborhood Services in San Francisco, starting November 13, 1996. Supervisors Kaufman, Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Teng, Yaki, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 006-96-168. [Commend Barbara Chionsini] Resolution commending Barbara Chionsini and the Everglade Safe Neighborhood organization for their efforts to build coalitions and promote public safety awareness in the Lakeshore Neighborhood. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 006-96-169. [Stop Intersection, California/23rd Avenue] Resolution urging the Department of Parking and Traffic to install Stop signs at the intersection of California Street and 23rd Avenue to improve the traffic safety in the area and to install the Stop signs within 30 days after the Mayor signs the legislation. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 018-96-016. Referred to Committee [Emergency Work, Hot Water System] Resolution authorizing the Director of Health to execute an agreement on an emergency basis with Fisher O'Connel Associates to design the replacement of the hot water system at Laguna Honda Hospital. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 028-96-011. Referred to Board [Gender Identity Disorder] Resolution condemning use of gender identity disorder diagnosis against children and youth. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 030-96-021. Referred to Committee [Domestic Violence Protocol] Resolution endorsing the San Francisco Domestic Violence Protocol, which establishes guidelines for health care professionals for response to domestic violence in order to improve the quality of care given to domestic violence patients, and encourages all public and private health care providers to adopt and implement it as soon as possible. Supervisors Kaufman, Leal, Alioto, Shelley, Katz, Brown, Bierman presented. Referred to Health/Public Safety/Environment Committee. File 030-96-022. Referred to Board [Community Development Funding] Resolution urging the Mayor's Office of Community Development to allocate funds to youth services that match the needs of gay, lesbian, bisexual and transgender youth. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 079-96-002. [Campaign Consultant, Honest Elections Ordinance] Resolution urging the Mayor of the City and County of San Francisco not to veto the regulation of campaign consultants legislation (File 97-96-13). Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 097-96-013.01. Referred to Committee [Interim Zoning Controls] Resolution imposing Interim Zoning Controls to temporarily prohibit new retail coffee stores in the Castro Street and Upper Market Street Neighborhood Commercial Districts, as set forth in Planning Code Sections 715.1 and 721.1, respectively, for an eighteen (18) month period and making a finding of consistency with the priority policies of Planning Code Section 101.1. Supervisors Katz, Kaufman, Leal, Shelley, Bierman, Alioto, Brown presented. Referred to Housing and Land Use Committee. File 111-96-006. [Long Term Care Pilot Project Task Force] Resolution designating the Department of Public Health as the lead agency for implementing a Long Term Care Pilot Project and creating a task force to develop a comprehensive plan for long-term care pursuant to the State's Long Term Care Integration Pilot Program. Supervisor Shelley presented. Referred to Rules Committee. File 174-96-004. [Sister City] Resolution reaffirming support for the sister city relationship between the City and County of San Francisco and the City of Assisi, Italy. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 273-96-001. Referred to Board [Sister City] Resolution approving creation of a sister city affiliation between the City and County of San Francisco and the City of Paris, France, and authorizing the Mayor to take the necessary steps to effectuate a sister city affiliation program. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 4, 1996. File 273-96-002. Referred to Committee [Municipalization Study] Resolution supporting a full and comprehensive study regarding the feasibility of municipalizing the electric utilities distribution system in the City and County of San Francisco. Supervisors Alioto, Ammiano, Bierman, Yaki presented. Referred to Select Committee on Municipal Public Power with request it be considered on November 21, 1996. File 285-96-001. Requests for Hearings: [Condom Distribution in Bars and Clubs] Hearing to consider condom distribution in bars and clubs throughout San Francisco. Supervisors Katz, Leal, Ammiano, Alioto, Bierman, Brown presented. Referred to Government Efficiency/Labor Committee with request it be considered on December 12, 1996. File 030-96-023. [Liquor License Jurisdiction/Procedure] Hearing to discuss the Board of Supervisors' jurisdiction over issuance of liquor licenses, the process and whether the City should recommend amendments to current State law. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 223-96-043. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-084. [Cammarata et al., v CCSF et al.] Ordinance authorizing settlement of litigation of Barbara Cammarata against the City and County San Francisco by payment of $65,000. (Superior Court No. 977-779). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-085. [Jessie David Wall v. CCSF et al.] Ordinance authorizing settlement of litigation of Jessie David Wall against the City and County of San Francisco by payment of $7,500. (Superior Court No. 973-216). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-086. [Evelyn Dusovsky v. CCSF et al.] Ordinance authorizing settlement of litigation Evelyn Dusovsky against the City and County of San Francisco by payment of $7,500. (Superior Court No. 966-955). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-087. [Florence Basuino v. CCSF et al.] Ordinance authorizing settlement of litigation of Florence Basuino against the City and County of San Francisco by payment of $235,000. (Superior Court No. 961-562). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-088. [John Dilatush et al. v. CCSF et al.] Ordinance authorizing settlement of litigation of John and Patricia Dilatush against the City and County of San Francisco by payment of $20,000.` (Superior Court No. 963-918). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-089. [Hernandez/Ruanto v. CCSF et al.] Ordinance authorizing settlement of litigation of Raly James Hernandez, Ederlinda Hernandez, Christina Ruanto against the City and County of San Francisco by payment of $17,500. (Municipal Court No. 119-035). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-090. [Araya v. CCSF] Ordinance authorizing settlement of litigation of Araya against the City and County of San Francisco with no payment of money by San Francisco and with San Francisco's agreement that the settlement is without prejudice to any party (beside plaintiff) bringing a later claim arising out of the New Main Library construction project. (Superior Court No. 973-697) Referred to Government Efficiency/Labor Committee. File 093-95-035.05. [Amendment to MOU, Local 21] Ordinance amending Ordinance 221-95 to implement the provisions of an arbitrator's award regarding pay equity adjustments for Classifications 2594 and 2595 Employee Assistance Counselors between the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO and the City and County of San Francisco to be effective retroactive to July 1, 1993 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 093-96-031. [MOU, Local 21 Full Retirement Contribution] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding between IFPTE Local 21 and the City and County of San Francisco providing that all covered employees be placed into full retirement contribution status effective December 28, 1996 following approval of this ordinance by the Mayor. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 097-96-059. [San Francisco General Hospital Trust Fund] Ordinance amending Administrative Code by adding Section 10.117-112 to establish in the treasury of the City and County of San Francisco special fund, to be known and designated as the San Francisco General Hospital Trust Fund. (Department of Public Health) Referred to Budget Committee. File 101-96-014. [Appropriation, Department of Telecommunications] Ordinance appropriating $1,629,731, Department of Telecommunications and Information Services, by appropriating $531,121 of the General Fund Reserve, $750,000 from Internal Service Fund balance and rescinding $348,610 of professional and special services for fiscal year 1996-97. RO #96106. (Controller) Referred to Budget Committee. File 101-96-015. [Appropriation, Airport Commission] Ordinance appropriating $189,327,750, Airport Commission, from proceeds of Airport Revenue Bonds, Issue 13, to capital improvement projects for infrastructure improvements, interest expenses and professional services for fiscal year 1996-97. RO #96111. (Controller) Referred to Budget Committee. File 101-96-016. [Appropriation, Department of Public Works] Ordinance appropriating and rescinding $101,976, Department of Public Works, from Gasoline Tax Fund to a capital project for Mission Street Lighting for fiscal year 1996-97. RO #96107. (Controller) Referred to Budget Committee. File 101-96-017. [Appropriation, Department of Public Works] Ordinance appropriating $165,000, Department of Public Works, of Broadway Parking Lot revenues to cover the cost of the acquisition and disposition of the Steuart/Folsom Street parcels and the design and administration of the Mid-Embarcadero Roadway Artwork Project for fiscal year 1996-97. RO #96108. (Controller) Referred to Budget Committee. File 101-96-018. [Appropriation, Retirement System] Ordinance appropriating $360,000, Retirement System, of Deferred Compensation Program Revenue to salaries, fringe benefits, professional services, other current expenses and services of other departments for the Deferred Compensation Program for fiscal year 1996-97; providing for ratification of action previously taken. RO #96109. (Controller) Referred to Budget Committee. File 101-96-019. [Appropriation, Port Commission] Ordinance appropriating $1,579,000, Port Commission, of San Francisco Harbor Operating Funds, for various capital improvement projects (income property improvements at Pier 26 Annex, Pier 1-1/2, Pier 50 Shed A/alternate shed, and Agriculture Building). RO #96112. (Controller) Referred to Budget Committee. File 164-96-001.01. [Street Vacation/Sale - Portion of Alameda Street] Ordinance ordering the vacation of the public street easement over a portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1; companion measure to Files 164-96-1 and 164-96-1.2. (Real Estate Department). Referred to Housing and Land Use Committee. File 164-96-001.02. [Sale/Exchange of Property - Portion of Alameda Street] Ordinance authorizing the exchange of a former portion of Alameda Street between Treat Avenue and Florida Street, and adopting findings pursuant to Planning Code Section 101.1; companion measure to Files 164-96-1 and 164-96-1.1. (Real Estate Department) Referred to Housing and Land Use Committee. Resolutions Referred to Committee File 007-96-007. [Contracted Paratransit Services] Resolution approving a revised fare schedule for the San Francisco Municipal Railway's contracted paratransit services. (Public Transportation Commission) Referred to Budget Committee. File 040-96-030. [Residential Parking Area "U", South of Market] Resolution extending the boundaries of Residential Permit Parking Area "U" in the South of Market Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Committee. File 048-96-047. [Settlement of Claim, Paul Franklin] Resolution approving the settlement of the unlitigated claim of Paul Franklin by payment of $7,000.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-048. [Settlement of Claim, Rick Knight] Resolution approving the settlement of the unlitigated claim of Rick Knight by payment of $7,894.17. (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-011. [Lease, Water Department/Cisco Systems, Inc.] Resolution authorizing a 40-year lease of Water Department land between the City and County of San Francisco and Cisco Systems, Inc., in Santa Clara County. (Public Utilities Commission) Referred to Government Efficiency/Labor Committee. File 094-96-002. [Federal Grant, Energy Conservation] Resolution authorizing the General Manager of the Public Utilities Commission to apply for, accept and expend a grant of $100,000, which includes indirect costs in the amount of $12,460 based on twenty percent of salaries, from the U.S. Department of Energy and the Urban Consortium Energy Task Force; providing for ratification of action previously taken. (Public Utilities Commission) Referred to Government Efficiency/Labor Committee. File 096-96-003. [Sale of Surplus Property] Resolution authorizing the sale of Water Department surplus property (0.73 acre parcel of land), to the City of Millbrae for $1,250,000. (Real Estate Department) Referred to Budget Committee. File 138-96-012. [State Grant, Spousal Abuser Prosecution Program] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds not to exceed $132,000.00 with no indirect cost available through the California Department of Justice for a project entitled "Spousal Abuser Prosecution Program" for the twelve month period July 1, 1996 through June 30, 1997. (District Attorney) Referred to Government Efficiency/Labor Committee. File 143-96-002.01. [State Grant, Anti-Drug Abuse Enforcement 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 One Hundred Fifty One Thousand Five Hundred Ninety Four Dollars ($151,594.00) which includes indirect costs of Seven Thousand Five Hundred Eighty Dollars ($7,580.00) based upon five percent of the total grant award, and One Thousand Five Hundred Dollars ($1,500.00) for audit costs, for continual funding for a project entitled "Anti-Drug Abuse Enforcement Program", and rescinding Resolution No. 653-96. (See File 143-96-2) (Police Department) Referred to Government Efficiency/Labor Committee. File 146-96-024. [State Grant, Family Violence Prevention Project] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant of $250,000 from the California Department of Social Services for collaborative efforts to provide alternatives to violence in the community; providing for ratification of action previously taken; waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 156-96-002. [Private Industry Council, Inc.] Resolution designating Private Industry Council of San Francisco, Inc. as the agency responsible for the preparation, submittal, and approval of the 1996 Refugee County Plan and for preparing and executing any amendments to either or both of the 1994 and 1995 refugee contracts. (Private Industry Council) Referred to Government Efficiency/Labor Committee. File 164-96-001. [Street Vacation/Sale - Portion of Alameda Street] Resolution declaring intention of the Board of Supervisors to vacate portion of Alameda Street between Treat Avenue and Florida Street, and setting the hearing date for all persons interested in the proposed vacation; companion measure to Files 164-96-1.1 and 164-96-1.2. (Real Estate Department) Referred to Housing and Land Use Committee. File 170-96-009. [Geary Courtyard Revenue Bonds] Resolution approving the reissuance of not to exceed $18,000,000 aggregate principal amount of City and County of San Francisco Multifamily Housing Revenue Bonds, 1988 Issue B; approving the amended and restated Lender Loan Agreement and Indenture of Trust; approving the Amended and Restated Loan Agreement; approving the first amendment to Regulatory Agreement and Declaration of Restrictive Covenants; approving the form of an amended and restated Bond; ratifying previous actions; and authorizing the execution and delivery of documents and instruments. (Mayor's Office of Housing) Referred to Budget Committee with request it be considered at the November 13, 1996 meeting. 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 amending Planning Code to require conditional use authorization for concurrent sales of beer and wine with gasoline and the prohibition of sale of distilled liquor at gasoline stations. By Supervisor Katz, that letter of inquiry be sent to Director of Public Health to determine the feasibility of creating a systematic plan for widespread condom distribution in bars and clubs throughout San Francisco and the cost for such a program. File 30-96-23. By Supervisors Kaufman, Leal, Alioto, Katz, Brown, Bierman, that City Attorney review appropriate codes and draft an ordinance which would require all publicly funded health organizations and all health organizations with which the City has entered or will enter into agreements for contractual services to adopt written domestic violence protocols which include procedures for routine screening of all women and adolescent girls for past and current abuse and the training of all health care personnel, as well as the availability of training materials for all staff and informational materials for all patients (using as a model, the San Francisco Domestic Violence Protocol). Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Cornelius Murphy (By the entire Board) Catherine Ursula O'Brien Sponsor Supervisor Bierman. Bess Meblin Lueb Sponsor Supervisor Bierman. Otto W. Reutinger Sponsor Supervisor Leal. Nicolasa Hale Sponsor Supervisor Leal. File 2-96-43 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:15 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 January 13, 1997 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