Board of Supervisors Minutes: November 12, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, November 12, 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 2:05 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 6. Noted absent at first roll call: Supervisors Alioto, Katz, Shelley, Teng, Yaki - 5. Quorum present. Supervisor Alioto was noted present at 2:06 p.m. Supervisor Katz excused from attendance. (See infra.) Supervisor Shelley excused from attendance. (See infra.) Supervisor Teng excused from attendance. (See infra.) Supervisor Yaki excused from attendance. (See infra.) Election of President Pro Tempore Following roll call of attendance by the Clerk, Supervisor Bierman, seconded by Supervisor Kaufman, moved that Supervisor Leal be appointed President Pro Tempore. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. Supervisor Leal thereupon assumed the Chair. Supervisors Katz, Shelley, Teng, Yaki Excused The Clerk stated that Supervisors Katz, Shelley, Teng, and Yaki requested to be excused from attending today's meeting. Supervisor Kaufman, seconded by Supervisor Bierman, moved to excuse Supervisors Katz, Shelley, Teng, and Yaki from attendance today. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Alioto, seconded by Supervisor Kaufman, moved that the Journals of Proceedings for Tuesday, September 24 and Monday, September 30, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 443-96 Finally passed. [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. 444-96 Finally passed. [Police Department Membership] Ordinance amending Administrative Code, relating to Police Department memberships by adding specified organizations. (Police Commission) File 97-96-57, Ordinance No. 442-96 (Amends Section 16.6-47.1.) Finally passed. Recommendation of Housing and Land Use Committee Finally Passed [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, Bierman. File 114-96-1, Ordinance No. 445-96 (Adds Section 3406.) Finally passed. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. REGULAR CALENDAR UNFINISHED BUSINESS Consideration of Mayor's Disapproval 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, Ordinance No. (October 21, 1996 - Finally Passed.) November 1, 1996 - Returned to Board by Mayor, disapproved. November 4, 1996 - Consideration continued to November 12, 1996.) Supervisor Ammiano, seconded by Supervisor Kaufman, moved to continue consideration to November 18, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. Recommendation of Health, Public Safety and Environment Committee Passed for Second Reading [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.) (October 28, 1996 - Consideration continued to November 12, 1996.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. Recommendation of Rules Committee Finally Passed [Sexual Harassment Policy] Substitute ordinance amending Administrative Code by repealing Section 16.9-25, by adding Section 16.9-25, by amending the 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, Alioto, Yaki, Teng. File 97-96-18.1, Ordinance No. 441-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. NEW BUSINESS Recommendation of Rules Committee Adopted [Appointment] Resolution appointing member to the Delinquency Prevention Commission, for new four-year term ending December 31, 2000. (Rules Committee) File 92-96-57, Resolution No. 1036-96 (Brian Henning, Seat No. 21811, vice himself, term expires December 31, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors may meet in closed session under the provisions of Government Code Section 54956.9(b) to discuss with the City Attorney the continued provision of health care services to undocumented residents in light of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the Welfare Reform Act). A point has been reached where, in the opinion of the policy body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. The relevant facts are the continued provision of health care services to undocumented residents pursuant to Resolution No. 817-96. Supervisor Kaufman, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. Recess The Board recessed at the hour of 2:12 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 2:57 p.m., reconvened. Quorum present. Adopted Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the possible litigation. Supervisor Kaufman, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. SPECIAL ORDER 3:00 P.M. Hearing Closed [Public Hearing] Hearing of persons interested in or objecting to appointment of Mark Primeau, Director of Public Works, Road Commissioner for the City and County, and repealing Ordinance No. 155-93. File 92-96-56 The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing closed. From Department of Public Works Passed for Second Hearing [Appointment, Road Commissioner] Ordinance appointing Mark Primeau, Director of Public Works, Road Commissioner for the City and County, and repealing Ordinance No. 155-93. File 92-96-56, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal - 7. Absent: Supervisors Katz, Shelley, Teng, Yaki - 4. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Male speaker, machine politics; Camille, gender identity diagnosis; Jennifer Freeman, gender identity diagnosis; Warren Dreamer, homeless; Pat Carrie, treatment programs and housing for homeless. 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. [Commend Frank Agnost] Resolution expressing the gratitude of the Board of Supervisors of the City and County to Frank P. Agnost for his five decades of civic leadership and community service to our City. Sponsor Supervisor Bierman. File 6-96-171, Resolution No. 1030-96 (November 4, 1996 - Introduced in Board for consideration on November 12, 1996.) Adopted. [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. Sponsors Supervisors Katz, Alioto, Bierman, Brown, Teng, Kaufman, Leal. File 12-96-46, Resolution No. 1033-96 (November 4, 1996 - Introduced in Board for consideration on November 12, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal requested to be added as co-sponsors. [Welfare Reform] Resolution urging the California Legislature to consider amendments to State welfare laws to mitigate the impact of Federal welfare reform. Sponsors Supervisors Katz, Teng, Alioto, Bierman, Leal. File 12-96-47, Resolution No. 1034-96 (November 4, 1996 - Introduced in Board for consideration on November 12, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Leal requested to be added as co-sponsors. [Welfare Reform] Resolution urging the California Congressional Delegation to support amendments to the Personal Responsibility Act of 1996. Sponsors Supervisors Teng, Katz, Alioto, Bierman, Leal. File 13-96-43, Resolution No. 1035-96 (November 4, 1996 - Introduced in Board for consideration on November 12, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Yaki, Alioto. File 173-96-2, Resolution No. 1037-96 (November 4, 1996 - Introduced in Board for consideration on November 12, 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 30-96-1.22 (November 4, 1996 - Introduced in Board for consideration on November 12, 1996.) Adopted. [Commending Levi Strauss & Company Valencia Street Plant] Resolution commending Levi Strauss & Company on the occasion of its 90th anniversary celebration commemorating the company's oldest operating sewing factory on Valencia Street and proclaiming November 19, 1996 as Levi Strauss & Co. Day in the City and County of San Francisco. Sponsors Supervisors Leal, Kaufman. File 6-96-172, Resolution No. 1031-96 (November 6, 1996 - Referred to Board for Adoption Without Committee Reference Calendar November 12, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal - 6. Absent: Supervisors Hsieh, Katz, Shelley, Teng, Yaki - 5. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following 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 Bierman, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal - 6. Absent: Supervisors Hsieh, Katz, Shelley, Teng, Yaki - 5. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Bierman, seconded by Supervisor Brown, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal - 6. Absent: Supervisors Hsieh, Katz, Shelley, Teng, Yaki - 5. [Imperative Resolutions] Adopted [Commend Donald/Betty Green] Resolution commending Dr. Donald E. Green and Sister Betty J. Green for 30 years of service to the San Francisco Christian Center. File 006-96-173, Resolution No. 1032-96 Supervisors Shelley, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal - 6. Absent: Supervisors Hsieh, Katz, Shelley, Teng, Yaki - 5. [Independent Housing Services, Inc.] Resolution commending Independent Housing Services, Inc. on 15 years of outstanding service to the community and proclaiming November 13, 1996 Independent Housing Services, Inc. Day in San Francisco. File 004-96-024, Resolution No. 1029-96 Supervisors Yaki, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Leal - 6. Absent: Supervisors Hsieh, Katz, Shelley, Teng, Yaki - 5. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Board [In Home Supportive Services] Resolution requesting the Department of Human Services seek in the future to have increases in state or federal In Home Supportive Services Funds apply to increasing the wages and benefits of the IHSS workforce, in an effort to provide wages which exceed the minimum wage level by at least the current differential without diminishing service. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 18, 1996. File 107-96-007. [Sexual Assault Task Force] Resolution urging the Commission on the Status of Women and the Youth Commission to create a task force on sexual assault specific to the needs of girls and young women to provide recommendations to the Board of Supervisors and the Mayor. Supervisors Alioto, Ammiano, Katz, Bierman, Teng, Leal, Kaufman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar November 18, 1996. File 174-96-005. Requests for Hearings: [Video Display Terminal Advisory Committee] Hearing to consider the Video Display Terminal Advisory Committee's annual report for 1995. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 274-96-001. [Ethics Commission] Hearing to consider the activities of the Ethics Commission in carrying out its charter mandate to promote and protect the integrity of our electoral process. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 275-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 032-96-1.04. [Cable Television Franchise Amendments] Substitute ordinance amending Ordinance Number 105-64, as amended by Ordinances 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 045-96-096. [Caroline Jurovic v. CCSF/Nelson Lee, et al.] Ordinance authorizing settlement of litigation of Caroline Jurovic against the City and County of San Francisco and Nelson Lee by payment of $13,000. (Municipal Court Case No. 120-470). (City Attorney) Referred to Government Efficiency/Labor Committee. File 093-96-032. [Amendment to MOU, Municipal Attorneys' Association] Ordinance adopting and implementing the provisions of the amendment to the Memorandum of Understanding` between the Municipal Attorneys' Association 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 097-96-060. [Agricultural and Pesticide-Related Activities] Ordinance amending Administrative Code Section 1.13-3 to authorize the President of the Board of Supervisors to execute all contracts on behalf of the City and County of San Francisco with respect to the performance of all agricultural and/or pesticide-related activities by or under the jurisdiction of the San Francisco County Agricultural Commissioner. (Department of Agriculture and Weights and Measures) Referred to Government Efficiency/Labor Committee. File 101-96-020. [Appropriation] Ordinance rescinding $800,000 from a Convention Facilities Fund capital project and re-appropriating the funds to the Mayor's Office of Community Development for the acquisition and renovation of the Chinese Historical Society Building for fiscal year 1996-97. RO #96136. (Controller) Referred to Budget Committee. Resolutions Referred to Committee File 030-96-024. [CHIP Program Funds for Fiscal Year 1996-97] Resolution authorizing adoption of the County Description of Proposed Expenditure of California Healthcare for Indigents Program (CHIP) Funds for fiscal year 1996-97 and that the Chairperson or duly authorized representative of the Board of Supervisors of the City and County of San Francisco can certify the County Description of Proposed Expenditure of CHIP Funds for fiscal year 1996-97. (Department of Public Health) Referred to Budget Committee with request it be considered at the November 20, 1996 meeting. File 032-96-001.08. [Side-Letter Agreement] Resolution approving two side-letter agreements by and between Television Signal Corporation and the City and County through their respective counsel regarding certain agreements between the parties in connection with the transfer of control of Television Signal Corporation from Viacom Inc. to Tele-Communications, Inc. (City Attorney). Referred to Rules Committee. File 048-96-054. [Settlement of Claim, Adelaida Brown] Resolution approving the settlement of unlitigated claim of Adelaida Brown by payment of $9,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 089-96-011. [SDI Coverage, Classification 1282] Resolution authorizing enrollment of classification 1282 Principal Employee Relations Representative into the State Disability Insurance Program. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 146-96-025. [Federal Grant, HIV Prevention Evaluation Project] Resolution authorizing the Department of Public Health, AIDS Office, to apply for retroactively and accept and expend a grant of $125,261, which includes indirect costs in the amount of $14,405, based on twenty percent of salaries, from the Centers for Disease Control for the HIV Prevention Evaluation Project; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-038. [Agreement, Sheriff CPR Training] Resolution authorizing the San Francisco Sheriff's Department to enter into an agreement with Mr. Ben Dorcy for mandatory certified CPR training which agreement provides for mutual indemnification from claims or other damages which arise as a result of performance under said agreement. (Office of the Sheriff) Referred to Government Efficiency/Labor Committee. File 172-96-039. [Shared Medical Systems Contract Amendment] Resolution authorizing the Director of Public Health and the Purchaser to execute an amendment to the contract between the City and County of San Francisco and Shared Medical Systems Corporation dated August 31, 1994. (Also see Files 172-94-32 and 172-94-32.1). (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 269-96-001. [Grant - Integrated Pest Management] Resolution authorizing the Agricultural Commissioner of the City and County of San Francisco to apply for, accept and expend up to $75,000 in Environmental Protection Agency ("EPA") pest management grant funding from the EPA through the California Department of Pesticide Regulation ("DPR") and EPA to perform education and outreach with respect to the City's Integrated Management Program and to fund indirect costs associated with those activities. (Department of Agriculture and Weights and Measures) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Bierman, that City Attorney review and prepare ordinance to merge Lots 12 and 13 back into Lot 6 in Assessor's Block 208, which are located next to 98 Mendosa Avenue. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Art Torres (By the entire Board) File 2-96-45 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:21 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 21, 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