Board of Supervisors Minutes: November 4, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, November 4, 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 2:08 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Leal, Shelley, Teng, Yaki - 9. Noted absent at first roll call: Supervisor Hsieh, Kaufman - 2. Quorum present. Supervisor Hsieh was noted present at 2:33 p.m. Supervisor Kaufman was noted present at 2:09 p.m. Presentation of Guests Supervisor Ammiano introduced and welcomed two distinguished members of the British parliament, Pat Tyler and Richard Burton, who are here to study our local referendum procedures. COMMUNICATION The Clerk presented the following communication from his Honor, the Mayor, returning with his veto the regulation of campaign consultant ordinance: November 1, 1996 Honorable Tom Ammiano San Francisco Board of Supervisors 401 Van Ness Avenue, Room 308 San Francisco, CA. 94102 Dear Supervisor Ammiano: Pursuant to Charter Section 3.103 in the City and County of San Francisco, I hereby veto the legislation that would regulate campaign consultants (File 97-96-13). I know you and your colleagues on the Board of Supervisors fervently believe, as I do, in the concept of clean and open government. As elected public officials, we have a moral and legal responsibility to do no less, and I commend you for your tireless efforts in this arena. San Franciscans vote for their officials knowing that there will be pressures put on them by a myriad of interest groups. Lobbyists from the worlds of business, from community-based organizations, from labor and from non-profit agencies all seek to influence public servants and the legislation they craft. This is our system of open democracy. To begin imposing restrictions on which of their elected officials these members of the private sector may lobby and when they may lobby them would have a chilling effect on that democratic process. Further, many of the regulations suggested by this legislation already are in place vis a vis the Fair Political Practices Commission and the San Francisco Ethics Commission. The burden of maintaining integrity in government belongs with the elected officials and not with the private sector. We as public servants do not prove our honesty and adherence to high principles by imposing restrictions on others. Rather, in instances of potential conflicts of interest, we as public servants have a responsibility and a moral obligation to recuse ourselves from discussion and action on that particular issue. The voters have placed that faith in us. Surely we can exhibit that same faith in ourselves? Per an amendment offered by Supervisor Susan Leal, this legislation should shift the onus of recusal from the political consultant to the elected official. This amendment is supported by myself and by Board President Kevin Shelley. If Supervisor Leal's amendment is adopted in reference to this legislation, I would certainly support and sign it. Sincerely Willie L. Brown Jr. Mayor Consideration Continued [Regulation of Campaign Consultants] Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 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 The Clerk stated, pursuant to Rule 4.15 of the Rules of Order of the Board of Supervisors, this item will be placed on the November 12, 1996 agenda. CONSENT CALENDAR Recommendation of Budget Committee Adopted [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) File 64-96-20, Resolution No. 1018-96 Adopted. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 431-96 (U.S. Court of Appeal No. 94-16015 and U.S. District Court No. C78-2774 WHO.) Finally passed. [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. 432-96 (Municipal Court No. 122-989.) Finally passed. [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. 433-96 (Superior Court No. 967-638.) Finally passed. [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. 434-96 (Superior Court 967-070.) Finally passed. [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. 435-96 (U.S. District Court No. C94-3523 CAL.) Finally passed. [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. 436-96 (Amends Section 16.9-29.) Finally passed. Recommendations of Select Committee on Charter Implementation Finally Passed [Former Charter Provisions] Ordinance amending Administrative Code, relating to the Department of Public Works. Sponsor Supervisor Kaufman. File 97-96-19.5, Ordinance No. 437-96 (Adds Section 2A.190.) Finally passed. [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. 438-96 (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.) Finally passed. [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. 439-96 (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.) Finally passed. Recommendations of Housing and Land Use Committee Adopted [Stop Intersections] Resolution designating certain intersections as "Stop" intersections. (Housing and Land Use Committee) File 18-96-15, Resolution No. 1013-96 (Stop Signs - Establish Corona Street and Urbano Drive (south intersection), northwest and southeast corners, stopping Corona Street traffic (makes this intersection an all-way stop); Hermann and Steiner Streets, northeast corner, stopping Hermann Street traffic (stops the stem of this T-intersection); Mangels and Valdez Avenues, northwest and southeast corners, stopping Valdez Avenue traffic (makes this intersection a two-way stop); Santa Paula Avenue and Santa Monica Way, northeast and southwest corners, stopping Santa Monica Way traffic (makes this intersection a two-way stop). Adopted. [Parking Regulations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use Committee) File 19-96-13, Resolution No. 1014-96 (Perpendicular (90-Degree Angle) Parking - Rescind First Street, west side, between Minna and Natoma Streets (restores parallel parking). Diagonal (45-Degree Angle) Parking - Rescind Perpendicular (90-Degree Angle) Parking - Establish Spear Street, east side, from Market Street to 211 feet southerly (211-foot zone, adds seven parking spaces). Tow-Away, No Parking Anytime - Establish Spear Street, west side, from Market Street to 265 feet southerly (265-foot zone, eliminates Meter Nos. 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 and 24). Perpendicular (90-Degree Angle) Parking - Rescind (3-Month Trial Period) Main Street, east side, from Harrison Street to 260 feet southerly (260-foot zone). No Parking Anytime - Establish Seventeenth Street, south side, from 85 feet to 135 feet east of Temple Street (50-foot zone, in front of Corbin Place stairs). Sanchez Street, dead-end portion, north of Twentieth Street (end of cul-de-sac). No Parking Anytime - Establish Alemany Boulevard, east side, from Naglee Avenue to 100 feet southerly (100-foot zone). Alemany Boulevard, east side, from Foote Avenue to 40 feet southerly (40-foot zone). Alemany Boulevard, west side, from Foote Avenue to 40 feet northerly (40-foot zone). No Parking Anytime - Establish Union Street, north side, from Battery Street to 46 feet westerly (46-foot zone). No Parking, 6:30 a.m. - 6:00 p.m., Monday Through Saturday - Establish Union Street, south side, from 45 feet to 81 feet west of Battery Street (36-foot zone, eliminates four perpendicular stalls at Meter Nos. 111, 113, 115 and 117).) Adopted. [Traffic Regulations] Resolution enacting and rescinding traffic regulations on various streets. (Housing and Land Use Committee) File 20-96-17, Resolution No. 1015-96 (Bicycle Lanes - Establish Dewey Boulevard, both sides, between Laguna Honda Boulevard and Dewey Circle (Taraval Street, Claremont Boulevard, Kensington Way, and Montalvo Avenue). Multiple Turn Lane - Rescind Left Lane Must Turn Left - Establish Sixteenth Street, westbound, at Market and Noe Streets. One-Way Street - Establish Iron Alley, westbound, between Corbett Avenue and Graystone Terrace. Taxi Zone - Establish Castro Street, west side, from 114 feet to 136 feet south of Market Street (22-foot zone, just south of sidewalk bulb). Tow-Away, No Stopping Anytime - Establish King Street, north side, between Fourth and Fifth Streets. Market Street, east side, between Mono and Eagle Streets. Tow-Away, No Stopping, 7 a.m. - 9 a.m., Monday Through Friday - Establish Second Street, east side, between King and Berry Streets. Tow-Away, No Stopping, 7 a.m. - 6 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 7 a.m. - 7 p.m., Monday Through Friday - Establish Sacramento Street, north side, between Drumm and Kearny Streets (extends existing regulation to 7 p.m.). Tow-Away, No Stopping, 4 p.m. - 6 p.m., Monday Through Friday - Rescind First Street, east side, between Natoma and Howard Streets. Tow-Away, No Stopping 7 a.m. - 9 a.m. and 3 p.m. - 7 p.m., Monday Through Friday - Rescind First Street, west side, between Minna and Natoma Streets. Left Lane Must Turn Left - Establish (Three-Month Trial Period) Main Street, northbound, at Harrison Street. Tow-Away, No Stopping Anytime - Establish Stanyan Street, west side, between Fell Street and John F. Kennedy Drive. Tow-Away, No Stopping, 4 p.m. - 6 p.m., Everyday - Establish Stanyan Street, west side, from Fell Street to 150 feet northerly (150-foot zone). No Left Turn - Rescind Stanyan Street, southbound, at John F. Kennedy Drive. No Turn on Red - Establish Stanyan Street, southbound, at John F. Kennedy Drive. Right Turn Only - Establish Oak Street, westbound, at Stanyan Street. Tow-Away, No Stopping, 9 a.m. - 7 p.m., Everyday - Establish Fell Street, north side, from Stanyan Street to 135 feet easterly (135-foot zone). Tow-Away Lane Must Turn Right - Establish Fell Street, westbound, at Stanyan Street. One-Way Street - Rescind Sansome Street, northbound, between Bush and Washington Streets. Buses and Commercial Vehicles Only - Establish Sansome Street, west curb lane (southbound), between Bush and Washington Streets. Tow-Away, No Stopping, 3 p.m.- 6 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 3 p.m. - 7 p.m., Monday Through Friday - Establish Sansome Street, east side, between Bush and Washington Streets. Tow-Away, No Stopping, 3 p.m. - 7 p.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 7 a.m. - 7 p.m., Monday Through Friday - Establish Sansome Street, east side, from California Street to 70 feet southerly (70-foot zone, eliminates Meter Nos. 226, 228 and 230). Sansome Street, east side, from Clay Street to 55 feet southerly (55-foot zone, eliminates Meter Nos. 424 and 426). Note: The following items for Second Street are proposed for a three-month trial period. Multiple Turn Lanes - Establish Second Street, northbound, at Harrison Street (within channelized right turn area). No Right Turn - Establish Second Street, northbound, at Harrison Street (from the No. 2 lane, north of the traffic island). Tow-Away Lane Must Turn Right - Establish Second Street, northbound, at Bryant Street. Tow-Away, No Stopping, 4 p.m. - 7 p.m., Monday Through Friday - Establish Second Street, east side, between Brannan and Bryant Streets. Tow-Away, No Stopping, 4 p.m. - 7 p.m., Monday Through Friday, Except Transit - Establish Second Street, east side, between Bryant and Harrison Streets. Mid-Block Crosswalk - Establish Union Street, from 120 feet to 150 feet west of Battery Street (30-foot wide crosswalk, opposite Ice House Alley).) Adopted. [Residential Parking Area "D," Glen Park] Resolution extending the boundaries of Permit Parking Area "D," in the Glen Park Area and adding Chilton Avenue, from Bosworth Street to the south end, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-26, Resolution No. 1017-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Government Efficiency and Labor Committee Finally Passed [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.) Motion to amend refused adoption Supervisor Shelley, seconded by Supervisor Alioto, moved to amend to exempt subcontractors and to set effective date of six months after passage. Motion to amend refused adoption by the following vote: Ayes: Supervisors Alioto, Brown, Shelley, Teng, Yaki - 5. Noes: Supervisors Ammiano, Bierman, Katz, Kaufman, Leal - 5. Absent: Supervisor Hsieh - 1. The roll was then called on the pending ordinance and it was finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. The President resumed the Chair. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Department of Human Services] Ordinance appropriating $63,773, Department of Human Services, of Federal revenue, and transferring $110,602 of In-Home Supportive Services-IP payment to fund $174,375 of IHSS contract payments to increase IHSS workers wages for fiscal year 1996-97; providing for ratification of action previously taken. Sponsors Supervisors Shelley, Bierman. File 101-96-13, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Appropriation, Department of Telecommunications] Ordinance appropriating $1,620,991, Department of Telecommunications and Information Services, by appropriating $531,121 of the General Fund Reserve, $741,260 from Internal Service Fund balance and rescinding $348,610 of professional and special services for relocation of department for fiscal year 1996-97. (Controller) File 101-96-14, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Police Department Membership] Ordinance amending Administrative Code, relating to Police Department memberships by adding specified organizations. (Police Commission) File 97-96-57, Ordinance No. (Amends Section 16.6-47.1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Recommendations of Housing and Land Use Committee Passed for Second Reading [Military Bases - Building Code Requirements] Ordinance amending Building Code, to implement California Health and Safety Code Section 18941.7, which authorizes the City under specified conditions to allow a building or other structure located on a military base selected for closure to comply with Building Code requirements in a graduated manner over a period of no more than 10 years. Sponsors Supervisors Shelley, Teng. File 114-96-1, Ordinance No. (Adds Section 3406.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Adopted [Encroachment Permit, Polk/Myrtle Streets] Resolution granting, retroactively to September 17, 1996, 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 and 5). (Department of Public Works) File 10-96-8, Resolution No. 1011-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [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) File 10-96-9, Resolution No. 1012-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Street Artists] Resolution designating temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Art Commission, for the winter holiday season, 1996, beginning on November 15, 1996 and ending on January 15, 1997. Sponsors Supervisors Teng, Bierman, Alioto. File 169-96-4, Resolution No. 1023-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [General Plan Amendment, Terminal Separator] Resolution approving amendments to the San Francisco General Plan in order to conceptually approve the Mid-Embarcadero Replacement Project and the terminal separator structure replacement project. The amendments were adopted by the Planning Commission by Resolution No. 14194 on September 19, 1996, incorporating by reference findings pursuant to the California Environmental Quality Act as analyzed in the Final Environmental Impact Report for the alternatives to replacement of the Embarcadero Freeway and the terminal separator structure, File No. 92.202E/94.060E. (City Administrator-Waterfront Transportation Projects) File 271-96-3, Resolution No. 1028-96 (Filed October 2, 1996.) (Planning Department Resolution No. 14195 adopted September 19, 1996 finding the project consistent with the eight Priority Policies and in conformity with the General Plan.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Mid-Embarcadero Separator Structure Project] Resolution adopting findings under the California Environmental Quality Act, approving the DPT variant of the Mid-Embarcadero Roadway and Terminal Separator Structure Replacement Project, urging the appropriate traffic mitigation measures to lessen project impacts on Chinatown and North Beach and authorizing Department of Public Works to accept and expend $65.6 million in Federal Emergency Relief funds and placing those funds on reserve pending budget details; companion measure to File 271-96-3. (City Administrator¬Waterfront Transportation Projects) File 85-96-2, Resolution No. 1021-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. [Urban Design Concept, Mid-Embarcadero Project] Resolution endorsing the urban design concept for the Mid-Embarcadero Roadway and Open Space, limiting improvements on Assessor's Blocks 202 and 203 to landscaping, and directing City staff to implement the concept plan; companion measure to Files 85-96-2 and 271-96-3. (City Administrator Waterfront Transportation Projects) File 85-96-3, Resolution No. 1022-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. COMMITTEE REPORTS Recommendations of Rules Committee Adopted [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. Sponsors Supervisors Shelley, Leal, Kaufman, Yaki, Teng. File 174-96-4 Resolution No. 1024-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Kaufman, Yaki, Teng requested to be added as co-sponsors. Passed for Second Reading [Sexual Harassment Policy] Ordinance amending Administrative Code by repealing Section 16.9-25, by adding Section 16.9-25, concerning policy on sexual harrassment; 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. Sponsors Supervisors Shelley, Kaufman, Bierman, Leal, Alioto, Yaki, Teng. File 97-96-18.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Alioto, Yaki, Teng requested to be added as co-sponsors. Adopted [Neighborhood Commercial District Evaluations] Resolution requesting the Planning Commission to undertake an evaluation of neighborhood commercial districts, as defined in Planning Code Section 702.1 and other neighborhoods, setting forth goals for the evaluation, including determining what appropriate changes are needed to preserve neighborhood commercial character, and requesting a report to be submitted on the results of the evaluation. Sponsors Supervisors Shelley, Katz, Alioto, Teng, Yaki, Ammiano, Brown, Hsieh, Leal, Kaufman, Katz. File 189-96-3, Resolution No. 1025-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Kaufman, Katz requested to be added as co-sponsors. The President resumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Daniel, police department; Phyllis Burk, oppose gender identity disorder diagnosis; Camille, oppose gender identity disorder diagnosis; Tamara Ching, oppose gender identity disorder diagnosis; Jim Buckley, Castro Street no parking signs; Jerry Windley, aide to Supervisor Alioto, parting comments; Homeowner, housing permit fines; Deborah May, school admission problem; David Ferguson, parking and traffic policy; Ms. Gerber, library card catalog; James Chaffee, public library. 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 Hsieh requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Referred to Committee [Campaign Consultant, Honest Elections Ordinance] Resolution urging the Mayor not to veto the regulation of campaign consultants legislation (File 97-96-13). Sponsor Supervisor Ammiano. File 97-96-13.1, Resolution No. (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) At the request of Supervisor Hsieh, referred to Rules Committee. 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 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. Sponsors Supervisors Teng, Hsieh, Leal, Alioto, Brown, Kaufman, Ammiano, Katz, Bierman, Shelley, Yaki. File 6-96-165, Resolution No. 1005-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [Commend Barbara W. Sahm] Resolution expressing the gratitude of the Board of Supervisors to Environmental Review Office, Barbara W. Sahm upon her retirement for twenty years of distinguished service to the City and County. Sponsors Supervisors Bierman, Alioto, Brown, Shelley, Kaufman, Yaki. File 6-96-166, Resolution No. 1006-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Yaki requested to be added as co-sponsors. [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. Sponsors Supervisors Hsieh, Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki, Shelley. File 6-96-167, Resolution No. 1007-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. [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. Sponsors Supervisors Kaufman, Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Leal, Teng, Yaki, Shelley. File 6-96-168, Resolution No. 1008-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. [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. Sponsors Supervisors Shelley, Bierman, Alioto, Kaufman, Teng. File 6-96-169, Resolution No. 1009-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Teng requested to be added as co-sponsors. [Gender Identity Disorder] Resolution condemning use of gender identity disorder diagnosis against children and youth. Sponsors Supervisors Ammiano, Alioto, Leal, Bierman, Teng, Katz. File 30-96-21, Resolution No. 1016-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Teng, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Bierman, Alioto, Leal, Teng, Katz. File 79-96-2, Resolution No. 1020-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Teng, Katz requested to be added as co-sponsors. [Sister City] Resolution reaffirming support for the sister city relationship between the City and County and the City of Assisi, Italy. Sponsors Supervisors Alioto, Bierman, Teng, Katz. File 273-96-1, Resolution No. 1026-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Teng, Katz requested to be added as co-sponsors. [Sister City] Resolution approving creation of a sister city affiliation between the City and County and the City of Paris, France, and authorizing the Mayor to take the necessary steps to effectuate a sister city affiliation program. Sponsors Supervisors Shelley, Hsieh, Bierman, Teng, Katz. File 273-96-2, Resolution No. 1048-96 (October 28, 1996 - Introduced in Board for consideration on November 4, 1996.) Adopted. In connection with the above item, Supervisors Hsieh, Bierman, Teng, Katz requested to be added as co-sponsors. [Disaster Relief Funding] Resolution authorizing designated City and County officials to execute and file, on behalf of the City and County, an application for Federal and/or State financial assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act and the State Natural Disaster Assistance Act for funds as a result of the December 1995 storms. (Mayor Willie L. Brown, Jr.) File 68-96-1.1, Resolution No. 1019-96 (October 30, 1996 - Referred to Board for consideration on November 4, 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, Shelley, Teng, Yaki - 11. 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 Teng, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [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 Teng, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Imperative Resolution] Adopted [Commend KCBS Radio's Call for Action] Resolution commending KCBS Radio's Call for Action on the occasion of its fifteenth anniversary and for its long and successful commitment to assisting consumers in the City and County of San Francisco for fifteen years of outstanding public service. File 006-96-170, Resolution No. 1010-96 Supervisors Kaufman, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [City Contracts Benefits Non-discrimination] Ordinance amending Administrative Code by amending Sections 12B.1, 12B.2, 12C.1 and 12C.2 to clarify these sections and adding Sections 12B.5-1, 12B.5-2, 12C.5-1 and 12C.5-2 to provide exceptions to the domestic partners benefits contracting requirements and to provide for an effective date of the Domestic Partners Benefits Ordinance (six months from the date of approval). Supervisors Ammiano, Katz, Alioto, Teng Brown, Hsieh, Kaufman presented. Referred to Government Efficiency/Labor Committee. File 097-96-033.01. [Pharmacy Hours of Operation] Ordinance amending Planning Code Sections 790.48 and 890.48 to exempt pharmacies, as defined, from the permitted hours of operation, thereby allowing pharmacies to operate 24 hours per day and making determination of consistency with the priority policies of Planning code Section 101.1. Supervisors Teng, Brown, Katz, Ammiano, Hsieh, Yaki presented. Referred to Housing and Land Use Committee. File 115-96-014. [Commercial Sex Club Regulations] Ordinance amending Health Code by adding Sections 27.1 through 27.24 to require a permit for the operation of a commercial sex club. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 118-96-007. [Real Property Transfer Tax] Ordinance amending Part III of the Municipal Code by adding Section 1108.4 which will exempt from the real property transfer tax conversions of stock cooperatives to condominiums which meet the criteria for exempt conversions set forth in Subdivision Code Section 1396 and in which 80 percent or more of the cooperative units are financed in whole or in part by the City and County (conversion of Amancio Ergina Village). Supervisor Hsieh presented. Referred to Budget Committee with request it be considered at the November 20, 1996 meeting. File 127-96-009. Referred to Board [Regulation of Campaign Consultants] Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 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. Returned disapproved by the Mayor; consideration continued to November 12, 1996. File 97-96-13. [Commend Frank Agnost] Resolution expressing the gratitude of the Board of Supervisors of the City and County of San Francisco to Frank P. Agnost for his five decades of civic leadership and community service to our City. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996. File 006-96-171. [Banning Commercial Advertising on Vessels] Resolution urging the Port Commission to amend the Port Harbor Code to ban non-incidental commercial advertising on vessels on the San Francisco Bay, urging the Bay Conservation and Development Commission to institute a ban on non-incidental commercial advertising on vessels on the San Francisco Bay, and urging the State of California to ban non-incidental commercial advertising on vessels on all waters within the jurisdiction of the State. Supervisors Katz, Alioto, Bierman, Brown, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996. File 012-96-046. [Welfare Reform] Resolution urging the California Legislature to consider amendments to State welfare laws to mitigate the impact of Federal welfare reform. Supervisors Katz, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996. File 012-96-047. [Welfare Reform] Resolution urging the California Congressional Delegation to support amendments to the Personal Responsibility Act of 1996. Supervisors Teng, Katz presented. Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996. File 013-96-043. Referred to Committee [CEQA Findings for BART/SFIA] Resolution adopting findings of the Board of Supervisors of the City and County of San Francisco made pursuant to the California Environmental Quality Act and the State CEQA guidelines in connection with approval of the BART/SFIA agreement for the BART-SFO Airport Extension Project and providing for a contribution of up to $200 million. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be consider at the November 14, 1996 meeting. File 027-96-013. [BART-SFIA Agreement] Resolution approving the BART/SFIA agreement through its Airport Commission for the BART-San Francisco Airport Extension Project and providing for a contribution of up to $200 million. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the November 14, 1996 meeting. File 027-96-013.01. [1997 Emergency Shelter Grants Program] Resolution approving the 1997 Emergency Shelter Grants Program expenditure schedule and authorizing the Mayor on behalf of the City and County of San Francisco to apply for, accept and expend a $684,000 entitlement under the Emergency Shelter Grants Program from the U.S. Department of Housing and Urban Development. Supervisor Hsieh presented. Referred to Budget Committee. File 068-96-006. [HOME Program] Resolution authorizing the Mayor to apply for, accept and administer a grant from the U.S. Department of Housing and Urban Development for a total amount up to $6,241,000 for the HOME Program authorized under Title II of the National Affordable Housing Act of 1990, Public Law Number 101-625 and approving the HOME Program description as described in the 1997 Action Plan for San Francisco's consolidated plan; indirect costs associated with the acceptance of these grant funds will be paid by Community Development Block Grant funds. Supervisor Hsieh presented. Referred to Budget Committee. File 068-96-007. [Community Development 1997 Block Grant] Resolution approving the 1997 Community Development Program; authorizing the Mayor to apply for, receive and expend the City's 1997 Community Development Block Grant (CDBG) entitlement from the U.S. Department of Housing and Urban Development, transfer and expend reprogrammed funds from prior year Community Development programs and program income generated by the San Francisco Redevelopment Agency up to $29,591,922, which include indirect costs of $120,000; approving expenditure schedules for recipient departments and agencies and for indirect costs, and, determining no environmental evaluation is required; authorizing the receipt and deposit in contingencies of 1997 CDBG entitlement funds in excess of $26,179,000. Supervisor Hsieh presented. Referred to Budget Committee. File 079-96-003. [Oil Spill/Clean-up] Resolution urging the Port of San Francisco to conduct a full investigation into the circumstances leading up to the recent oil spill on the San Francisco Bay and into the status of the clean-up effort underway. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996. File 173-96-002. [Chinese Historical Society of America] Resolution approving and authorizing a deferred loan to the Chinese Historical Society of America for the acquisition of real property at 965 Clay Street and conversion of the property to a national learning center and Chinese history museum and approving conditions for forgiveness of repayment of the loan. Supervisor Hsieh presented. Referred to Budget Committee with request it be considered at the November 13, 1996 meeting. File 258-96-001.01. Requests for Hearings: [Release of Reserved Funds] Hearing to consider release of $190,000 placed on reserve pending receipt of information on the MBE/WBE/LBE status of a competitively selected contractor for the St. Mary's Square Garage soil remediation project. Supervisor Hsieh presented. Referred to Budget Committee with request it be considered at the November 20, 1996 meeting. File 101-95-036.01. [Oil Spill/Clean-up] Hearing to consider the recent oil spill on the San Francisco Bay, reaction and efforts by appropriate authorities and the current clean-up efforts underway. Supervisor Yaki presented. Referred to Health/Public Safety/Environment Committee. File 173-96-002.01. 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 November 12, 1996. File 030-96-001.22. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 032-96-1.4. [Cable Television Franchise Amendments] Substitute ordinance amending Ordinance Number 105-64, as amended by Ordinance No. 528-88, 315-89, 375-90 and 42-91, by amending all sections, including deleting Section 19 and Appendices 1 through 9, renumbering Sections 20 through 24 and adding new Sections 24, 25, 26, 27, 28, 29, 30, 31, and 32 and Appendices A through H, to clarify and expand the obligations of the grantee, Television Signal Corporation. (City Attorney) Referred to Rules Committee. File 034-96-012. [Changing Width of Sidewalk, Eagle Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1532 changing the official sidewalk width on the south side of Eagle Street between Mono Street and Market 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) Referred to Housing and Land Use Committee. File 045-96-091. [Bernard Ogbuagu v. CCSF, et al.] Ordinance authorizing settlement of litigation of Bernard Obuagu against the City and County of San Francisco by payment of $9,500. (Superior Court No. 956-124). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-092. [Jones/Shkrabuik v. CCSF, et al.] Ordinance authorizing settlement of litigation of Peter M. Jones and Patricia Shkrabuik against the City and County of San Francisco by payment of $3,260,000. (Superior Court No. 974-206) (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-093. [Eliza Gomez v. CCSF, et al.] Ordinance authorizing settlement of litigation of Eliza Gomez against the City and County of San Francisco by payment of $7,500. (Municipal Court No. 073-130). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-094. [Jung S. Rand v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jung S. Rand against the City and County of San Francisco by payment of $43,000. (Superior Court No. 969-127). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-095. [Thomas Garcia v. CCSF, et al.] Ordinance authorizing settlement of litigation of Thomas Garcia against the City and County of San Francisco by payment of $30,000. (Superior Court No. 962-708). (City Attorney) Referred to Government Efficiency/Labor Committee. File 106-96-004. [Court Employee Executive Compensation] Ordinance setting schedules of compensation and other economic benefits for fiscal year 1996-97 for certain classifications of persons employed by the Municipal and Superior Courts for the City and County of San Francisco. (Municipal Court) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 032-96-1.5. [Cable Television Franchise Transfer] Substitute resolution approving transfer of control over Television Signal Corporation, San Francisco cable television franchise grantee, from Viacom, Inc. to Tele-communications, Inc. upon condition of acceptance and tender to the City and County of the franchise amendments, the guaranty, the mutual release and compensation of certain costs and expenses related to the transfer. (City Attorney) Referred to Rules Committee. File 048-96-049. [Settlement of Claim, Consejo Varquez] Resolution approving the settlement of the unlitigated claim of Consejo Varquez by payment of $13,300.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-050. [Settlement of Claim, Joseph Lee] Resolution approving the settlement of the unlitigated claim of Joseph Lee by payment of $13,000.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-051. [Settlement of Claim, Stonestown Apartments] Resolution approving the settlement of the unlitigated claim of Stonestown Apartments by payment of $6,946.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-052. [Settlement of Claim, Carl Craig] Resolution approving the settlement of the unlitigated claim of Carl Craig by payment of $13,000.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-053. [Settlement of Claim, CSAA Insurance] Resolution approving the settlement of the unlitigated claim of CSAA (Insured, Sherry Gu) by payment of $5,807.75. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-021. [Lease Renewal at 1540 Market Street] Resolution authorizing the lease renewal of office space located at 1540 Market Street, Suites, 200, 210, 220 and 240, for the office of Emergency Medical Services, a division of the Department of Public Health, commencing November 1, 1996. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 064-96-022. [Lease of Property at 1390 Market Street] Resolution authorizing a lease at Fox Plaza, 1390 Market Street, for the City Attorney. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 107-96-005. [Welfare Reform] Resolution urging the California Congressional Delegation to support amendments to the Personal Responsibility Act of 1996. (Department of Human Services). Referred to Economic Vitality/Social Policy Committee. File 107-96-006. [Welfare Reform] Resolution urging the California Legislature to consider amendments to State welfare laws to mitigate the impact of Federal welfare reform. (Department of Human Services) Referred to Economic Vitality/Social Policy Committee. File 148-96-006. [Federal Grant - Oakdale Avenue Bridge] Resolution authorizing retroactively the Director of Public Works to apply for, accept, and expend $3,418,410 in Federal funds for demolition and rebuilding of Oakdale Avenue Bridge, waiving indirect costs; rescinding Resolution 1031-93. (Department of Public Works) Referred to Government Efficiency/Labor Committee. File 172-96-037. [Hold Harmless Agreement] Resolution authorizing the Port of San Francisco to hold Madrigal-Wan Hai Lines harmless for claims arising out of their use of the Port's Marine Terminal Facilities at Pier 94/96. (Port Commission) Referred to Government Efficiency/Labor Committee. File 199-96-004. [Lease and Interdepartmental Transfer] Resolution recognizing the validity of the existing ground lease for the property located at 7th Avenue and Warren Drive from the City and County of San Francisco to the San Francisco Unified School District ("District"), removing from the lease the restriction providing that the lease shall terminate if the District fails to obtain bids for the construction of a school on that property by July 1, 1995, and authorizing a transfer of said property to the District. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 207-96-012. [Renaming Police Crime Lab - Shoji Horikoshi] Resolution urging the official designation of the San Francisco Police Crime Lab at 606 Hunters Point as the "Shoji Horikoshi Crime Lab." (Police Commission) Referred to Health/Public Safety/Environment Committee. ADJOURNMENT There being no further business, the Board at the hour of 3:14 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