Board of Supervisors Minutes: December 9, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, December 9, 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 Barbara Kaufman presiding. CALLING THE ROLL The meeting was called to order at 2:14 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Quorum present. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Appropriation, Airport Commission] Ordinance appropriating $189,066,455, 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; placing $152,491,000 on reserve. (Controller) File 101-96-15, Ordinance No. 467-96 (Fiscal Impact.) Finally passed. [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. Sponsors Supervisors Leal, Brown. File 101-96-16, Ordinance No. 468-96 (Fiscal Impact.) Finally passed. [Appropriation, Department of Public Works] Ordinance appropriating $165,000, Department of Public Works, of Broadway Parking Lot revenues to cover the costs of the acquisition and disposition of Steuart/Folsom Street parcels and the design and administration of the Mid-Embarcadero Roadway Artwork Project for fiscal year 1996-97. (Controller) File 101-96-17, Ordinance No. 469-96 Finally passed. [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); placing $1,329,000 on reserve. Sponsor Supervisor Brown. File 101-96-19, Ordinance No. 470-96 (Fiscal Impact.) Finally passed. [Appropriation, Mayor's Office of Community Development] 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. Sponsors Supervisors Hsieh, Bierman, Kaufman, Alioto, Teng, Ammiano, Yaki, Brown, Leal. File 101-96-20, Ordinance No. 449-96 Finally passed. [Dog Licenses] Ordinance amending Health Code, to increase fees for issuance of dog licenses; and relating to reduction fee-special circumstances. (Animal Care and Control Department) File 118-96-6, Ordinance No. 472-96 (Fiscal Impact.) (Amends Sections 41.15, 41.16.) Finally passed. [Real Property Transfer Tax] Ordinance amending Part III of the Municipal Code, 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. Sponsor Supervisor Hsieh. File 127-96-9, Ordinance No. 473-96 (Fiscal Impact.) (Adds Section 1108.4.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [Golbarg Fahid/Vega/Hawks, v. CCSF et al.] Ordinance authorizing settlement of litigation of Golbarg Fahid/Andre Vega and Dawn Hawks against the City and County by payment of $30,000. (City Attorney) File 45-96-83.1, Ordinance No. 452-96 (U.S. District Court No. C94-3523.) Finally passed. [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, to be effective retroactive to July 1, 1993 through June 30, 1997. (Department of Human Resources) File 93-95-35.5, Ordinance No. 450-96 (Fiscal Impact.) Finally passed. [Cammarata et al., v CCSF et al.] Ordinance authorizing settlement of litigation of Barbara Cammarata against the City and County by payment of $65,000. (City Attorney) File 45-96-84, Ordinance No. 453-96 (Superior Court No. 977-779.) Finally passed. [Jessie David Wall v. CCSF et al.] Ordinance authorizing settlement of litigation of Jessie David Wall against the City and County by payment of $7,500. (City Attorney) File 45-96-85, Ordinance No. 454-96 (Superior Court No. 973-216.) Finally passed. [Evelyn Dusovsky v. CCSF et al.] Ordinance authorizing settlement of litigation of Evelyn Dusovsky against the City and County by payment of $7,500. (City Attorney) File 45-96-86, Ordinance No. 455-96 (Superior Court No. 966-955.) Finally passed. [Florence Basuino v. CCSF et al.] Ordinance authorizing settlement of litigation of Florence Basuino against the City and County by payment of $235,000. (City Attorney). File 45-96-87, Ordinance No. 456-96 (Superior Court No. 961-562.) Finally passed. [John Dilatush et al. v. CCSF et al.] Ordinance authorizing settlement of litigation of John and Patricia Dilatush against the City and County by payment of $20,000. (City Attorney) File 45-96-88, Ordinance No. 457-96 (Superior Court No. 963-918.) Finally passed. [Hernandez/Ruanto v. CCSF et al.] Ordinance authorizing settlement of litigation of Raly James Hernandez, Ederlinda Hernandez, Christina Ruanto against the City and County by payment of $17,500. (City Attorney) File 45-96-89, Ordinance No. 458-96 (Municipal Court No. 119-035.) Finally passed. [Araya v. CCSF] Ordinance authorizing settlement of litigation of Araya against the City and County with no payment of money by San Francisco and with San Francisco's agreement that the settlement is without prejudice to any party (besides plaintiff) bringing a later claim arising out of the new Main Library construction project. (City Attorney) File 45-96-90, Ordinance No. 459-96 (Superior Court No. 973-697.) Finally passed. [Bernard Ogbuagu v. CCSF, et al.] Ordinance authorizing settlement of litigation of Bernard Ogbuagu against the City and County by payment of $9,500. (City Attorney) File 45-96-91, Ordinance No. 460-96 (Superior Court No. 956-124.) Finally passed. [Jones/Shkrabuik v. CCSF, et al.] Ordinance authorizing settlement of litigation of Peter M. Jones and Patricia Shkrabuik against the City and County by payment of $3,260,000. (City Attorney) File 45-96-92, Ordinance No. 461-96 (Superior Court No. 974-206.) Finally passed. [Eliza Gomez v. CCSF, et al.] Ordinance authorizing settlement of litigation of Eliza Gomez against the City and County by payment of $7,500. (City Attorney) File 45-96-93, Ordinance No. 462-96 (Municipal Court No. 073-130.) Finally passed. [Jung S. Rand v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jung S. Rand against the City and County by payment of $43,000. (City Attorney) File 45-96-94, Ordinance No. 463-96 (Superior Court No. 969-127). Finally passed. [Thomas Garcia v. CCSF, et al.] Ordinance authorizing settlement of litigation of Thomas Garcia against the City and County by payment of $30,000. (City Attorney) File 45-96-95, Ordinance No. 464-96 (Superior Court No. 962-708.) Finally passed. [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 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) File 93-96-31, Ordinance No. 465-96 Finally passed. [Damages in Contracts for Goods/Services] Ordinance amending Administrative Code, to provide for approval of waivers of future incidental and consequential damages in contracts for goods and services. Sponsor Supervisor Ammiano. File 97-96-54, Ordinance No. 466-96 (Adds Section 21.54.) Finally passed. [Court Employee Executive Compensation, FY 1996/97] 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. (Municipal Court) File 106-96-4, Ordinance No. 471-96 (Fiscal Impact.) Finally passed. [Hospital Services Contract] Ordinance authorizing the Director of Public Health to execute an agreement with Baycare Medical Group for the Department of Public Health to provide hospital services to managed care enrollees, which agreement includes binding arbitration, indemnification, risk sharing, and limited authority for the Director of Health to execute amendments. (Department of Public Health) File 172-96-36, Ordinance No. 474-96 Finally passed. Passed for Second Reading [Caroline Jurovic v. CCSF/Nelson Lee, et al.] Ordinance authorizing settlement of litigation of Caroline Jurovic against the City and County and Nelson Lee by payment of $13,000. (City Attorney) File 45-96-96, Ordinance No. (Municipal Court Case No. 120-470.) Passed for second reading. [Reine Avila v. CCSF] Ordinance authorizing settlement of litigation of Reine Avila against the City and County by payment of $8,500 plus waiver of San Francisco General Hospital lien of $8,460. (City Attorney) File 45-96-97, Ordinance No. (U.S. District Court No. C-96-0455 CW). Passed for second reading. Adopted [Settlement of Claim, Adelaida Brown] Resolution approving the settlement of unlitigated claim of Adelaida Brown by payment of $9,000. (City Attorney) File 48-96-54, Resolution No. 1103-96 Adopted. [Settlement of Claim, Stanislav Mirzoyen] Resolution approving the settlement of the unlitigated claim of Stanislav Mirzoyen by payment of $8,000.00. (City Attorney) File 48-96-56, Resolution No. 1105-96 Adopted. [Settlement of Claim, Ronald Salkin] Resolution approving the settlement of the unlitigated claim of Ronald Salkin by payment of $18,000.00. (City Attorney) File 48-96-57, Resolution No. 1106-96 Adopted. [Settlement of Claim, Clarence Shaw] Resolution approving the settlement of the unlitigated claim of Clarence Shaw by payment of $20,000.00. (City Attorney) File 48-96-58, Resolution No. 1107-96 Adopted. [SDI Coverage, Classification 1282] Resolution authorizing enrollment of classification 1282 Principal Employee Relations Representative into the State Disability Insurance Program. (Department of Human Resources) File 89-96-11, Resolution No. 1114-96 Adopted. [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) File 148-96-6, Resolution No. 1122-96 Adopted. [Contract, DPH - Seattle-King County] Resolution authorizing the execution and approval of a contract, including a hold harmless provision, between the Department of Public Health and the Seattle-King County Department of Public Health, for the use of dispatch guidelines and instruction. (Department of Public Health) File 172-96-14, Resolution No. 1123-96 Adopted. Recommendations of Housing and Land Use Committee Finally Passed [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) File 34-96-12, Ordinance No. 451-96 Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Appointment of President Pro Tempore At the request of the President, Supervisor Katz assumed the Chair so the President could participate in the debate from the floor. REGULAR CALENDAR UNFINISHED BUSINESS From Government Efficiency and Labor Committee Without Recommendation Passed for Second Reading as Amended [Leasing of Property on Treasure Island] Ordinance authorizing the Mayor, or the Mayor's designee, to enter into leases and other agreements with the Navy of property on Naval Station Treasure Island and in turn subleases and other agreements with third-parties of such property without "competitive bidding", and ratifying certain prior acts. (Mayor, Kaufman, Ammiano, Leal) File 64-96-16, Ordinance No. (November 25, 1996 - Consideration continued to December 9, 1996.) Supervisor Kaufman, seconded by Supervisor Ammiano, moved an amendment of the whole bearing same title. Supervisor Alioto, seconded by Supervisor Ammiano, moved to amend to indicate that there will be competitive bidding. Motion to amend refused adoption by the following vote: Ayes: Supervisors Ammiano, Alioto - 2. Noes: Supervisors Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 8. The roll was then called on the pending amendment of the whole and it was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 9. Noes: Supervisor Alioto - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 9. Noes: Supervisor Alioto - 1. In connection with the above item, Supervisors Kaufman, Ammiano, Leal requested to be added as co-sponsors. Adopted [Assignment/Assumption of Leases, Treasure Island] Resolution approving an agreement between the City and County and the Redevelopment Agency regarding the assignment and assumption of certain leases, subleases, a license, and a sublicense relating to Naval Station Treasure Island. (Mayor) File 64-96-16.1, Resolution No. 1110-96 (November 25, 1996 - Consideration continued to December 9, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [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; placing $103,649 on reserve. (Controller) File 101-96-18, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Appropriation, Trial Courts] Ordinance appropriating $493,100, Trial Courts, from the Court's Special Revenue Fund, for professional services contracts to complete court automation projects in fiscal year 1996-97. (Controller) File 101-96-21, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Adopted [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 and Shared Medical Systems Corporation dated August 31, 1994. (Department of Public Health) File 172-96-39, Resolution No. 1126-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Airport Lease Modification, Continental Airlines] Ordinance approving retroactively Modification No. 4 of Lease and Use Agreement between Continental Airlines, Inc. and City and County, acting by and through its Airport Commission. (Airport Commission) File 27-96-14, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Management Agreement, St. Mary's Square Garage] Ordinance approving form of the St. Mary's Square Garage and 16th and Hoff Garage management agreement and bid documents, and authorizing and urging the Director of Property to advertise an invitation for bids for management of the St. Mary's Square Garage and the 16th and Hoff Garage using the approved bid documents. (Real Estate Department) File 47-96-12, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [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 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) File 93-96-32, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Non-Discrimination in City Contracts-Benefits] Ordinance amending Chapters 12B and 12C of the Administrative Code, by making certain clarifying amendments, and to provide exceptions to the domestic partners benefits contracting requirements, and providing for suspension of the Domestic Partners Benefits Ordinance until June 1, 1997. Sponsors Supervisors Ammiano, Katz, Leal, Alioto, Teng, Brown, Hsieh, Kaufman, Bierman. File 97-96-33.1, Ordinance No. (Amends Sections 12B.1, 12B.2, 12C.1, and 12C.2; Adds Sections 12B.5-1 and 12C.5-1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Agricultural and Pesticide-Related Activities] Ordinance amending Administrative Code, to authorize the President of the Board of Supervisors to execute all contracts on behalf of the City and County 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) File 97-96-60, Ordinance No. (Amends Section 1.13-3.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Consideration Continued [Garment Manufacturers' Tax Credit] Ordinance amending Part III, Municipal Code, to grant a tax credit, not to exceed $30,000, against the Payroll Expense Tax and the Business Tax on gross receipts, to garment manufacturers with gross receipts of not more than $5 million that invest in technical equipment work reorganization, or employee training, as specified, operative January 1, 1997, and expiring December 31, 2001. Sponsors Supervisors Teng, Bierman, Ammiano, Yaki, Leal, Katz, Brown. File 127-96-4, Ordinance No. (Fiscal Impact.) (Adds Sections 906C and 1005.7.) Supervisor Teng, seconded by Supervisor Leal, moved to continue consideration to December 16, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisors Leal, Katz, Brown requested to be added as co-sponsors. Adopted [Grant, Neighborhood Action for Youth Development] Resolution amending Resolution No. 1011-95 authorizing retroactively, the Mayor to apply for, accept and expend $500,000 from the United States Department of Health and Human Services (HHS) to administer the San Francisco Neighborhood Action for Youth Development Demonstration Project, increasing the amount of funds placed on reserve for target neighborhoods to $337,500 and decreasing the amount of funds placed on reserve for consultant services $80,000, and approving the release of funds in the amount of $417,500 that were placed on reserve by Resolution No. 1011-95. (Mayor Brown) File 68-95-10.1, Resolution No. 1097-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Settlement of Claim, Aetna Casualty & Surety Co.] Resolution approving the settlement of the unlitigated claim of Aetna Casualty and Surety Company by payment of $5,964.81. (City Attorney) File 48-96-55, Resolution No. 1104-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Reimbursement to Employees] Resolution authorizing reimbursement for cost of personal property of City and County employees damaged/stolen in the line of duty (four claims totaling $287.37). (Government Efficiency and Labor Committee) File 51-96-3, Resolution No. 1108-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Lease Renewal] Resolution authorizing retroactively, 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) File 64-96-21, Resolution No. 1111-96 Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Kaufman, Teng, Yaki - 7. Noes: Supervisors Ammiano, Katz, Leal - 3. [Lease of Property] Resolution authorizing a lease at Fox Plaza, 1390 Market Street, for the City Attorney. (Real Estate Department) File 64-96-22, Resolution No. 1112-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Brown, Hsieh, Kaufman, Teng, Yaki - 7. Noes: Supervisors Ammiano, Katz, Leal - 3. [Federal Funds - Ounce of Prevention Grant] Resolution authorizing retroactively, the Mayor to apply for, accept and expend a grant in the amount of $150,000 from the U.S. Department of Housing and Urban Development to coordinate and integrate youth crime prevention efforts already underway in San Francisco Enterprise Community neighborhoods. Sponsors Supervisors Ammiano, Brown. File 68-96-8, Resolution No. 1113-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. [Grant, Statutory Rape Vertical Prosecution Program] Resolution authorizing retroactively, the District Attorney to apply for, accept and expend grant funds in the amount of $150,000 including indirect cost of $6,676 made available through the California Office of Criminal Justice Planning for the continued operation of the "Statutory Rape Vertical Prosecution Program" for the ten month period September 1, 1996 through June 30, 1997. (District Attorney) File 138-96-13, Resolution No. 1120-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [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. Sponsors Supervisors Alioto, Brown. File 146-96-25, Resolution No. 1121-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Brown requested to be added as co-sponsor. [CCSF-IBM Hardware/Software Maintenance Contract] Resolution approving retroactively the limitation of liability in agreements for software and hardware maintenance with International Business Machines Corporation. (Controller) File 172-96-29.2, Resolution No. 1124-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Agreement, Sheriff CPR Training] Resolution authorizing the 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; retroactive to July 1, 1996. (Sheriff) File 172-96-38, Resolution No. 1125-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Grant - Integrated Pest Management Plan] Resolution authorizing the Agricultural Commissioner to apply for, 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 Pest Management Program. Sponsor Supervisor Shelley. File 269-96-1, Resolution No. 1131-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendations of Economic Vitality & Social Policy Committee Passed for Second Reading as Amended [Translators at Board of Supervisors' Meetings] Ordinance amending Administrative Code, to require that translators be provided at meetings of the full Board of Supervisors and Board of Supervisors' committees upon request, provided that the request is made 48 hours before the meeting or by noon of the last business day of the preceding week for Monday or Tuesday meetings requiring Board review if annual city costs exceed $20,000; providing this ordinance shall expire on December 31, 1998. Sponsors Supervisors Teng, Katz, Brown, Bierman, Ammiano. File 97-96-58, Ordinance No. (Amends Section 67.15.) Supervisor Teng, seconded by Supervisor Leal, moved to amend title, line seven, after "meetings" by inserting, "; requiring Board review if annual city costs exceed $20,000; providing this ordinance shall expire on December 31, 1998"; amend page three, line 17, by adding the following two sentences: "In any calendar year in which the costs to the City for providing translator services under Subsection (e) exceeds $20,000, the Board of Supervisors shall, as soon as possible thereafter, review the provisions of subsection (e). The provisions of Subsection (e) shall expire on December 31, 1998." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. Adopted [Declaring Safety Zone for Immigrants] Resolution declaring the City and County to be a "Safety Zone," free of discrimination based on immigration status. Sponsors Supervisors Teng, Katz, Brown, Bierman, Ammiano. File 13-96-42, Resolution No. 1101-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Citizenship Movement] Resolution declaring it to be the policy of the City and County to promote a multi-level citizenship movement with the purpose of ensuring attainment of citizenship through naturalization for all qualified immigrants and urging maximization of classes in citizenship and English as a second language, increased outreach and assistance with the naturalization process, expedited processing of naturalization applications by the Immigration and Naturalization Service, and priority funding for community-based organizations which provide classes and assistance, or other welfare-reform related activities. Sponsors Supervisors Teng, Katz, Alioto, Bierman, Kaufman, Brown, Ammiano. File 43-96-2, Resolution No. 1102-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Greater Avenues for Independence Plan] Resolution approving the Greater Avenues for Independence (GAIN) Plan prepared by the Department of Human Services for submission to the California Department of Social Services. (Department of Human Services) File 107-96-4, Resolution No. 1118-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Hate Crimes/Discrimination Against Immigrants] Resolution urging the Police Department to develop a plan and the Human Rights Commission to hold hearings to address the increase in hate crimes and discrimination against immigrants arising from passage of state and federal anti-immigrant laws. Sponsors Supervisors Teng, Katz, Brown, Bierman, Kaufman, Leal, Alioto, Ammiano. File 207-96-11, Resolution No. 1128-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. Recommendations of Rules Committee Adopted [Appointment] Resolution appointing member to the Drug Abuse Advisory Board, for unexpired portion of three-year term ending October 1, 1997. (Rules Committee) File 92-96-60, Resolution No. 1116-96 (Vernon Grigg, III, vice Joseph Engler, resigned, Seat No. 22101, must represent law enforcement.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Appointment] Resolution appointing member to the Drug Abuse Advisory Board, for new three-year term ending October 1, 1999. (Rules Committee) File 92-96-44, Resolution No. 1115-96 (Yvonne Littleton, vice Chuck Louden, Seat No. 22105, provider, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Appointment] Resolution appointing member to the Ballot Simplification Committee, for new two-year term ending November 30, 1998. (Rules Committee) File 92-96-62.1, Resolution No. 1117-96 (John Odell, vice himself, Seat No. 21201, represents National Academy of Television Arts and Sciences.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Recommendations of Housing and Land Use Committee Adopted [Liquor License, 1525 Mission Street] Resolution determining that the issuance of a Type 48 on-sale general public premise license to Mark Dreier for Loading Dock, located at 1525 Mission Street, will serve the convenience of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code, with condition. (Housing and Land Use Committee) File 223-96-44, Resolution No. 1130-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. [Appeal, Sidewalk Encroachment, 60 Lower Terrace] Motion denying the appeal of a decision by the Department of Public Works, which granted the issuance of a minor sidewalk encroachment permit to occupy, construct, and maintain an existing cobblestone retaining wall and landscaping, and to construct a new driveway ramp on compacted fill within an unimproved portion of City right-of-way, for a proposed garage fronting the property at 60 Lower Terrace and granting the issuance of the requested minor encroachment permit. (Housing and Land Use Committee) File 24-96-6 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Appointment of President Pro Tempore At the request of the President, Supervisor Katz assumed the Chair. From Housing and Land Use Committee Without Recommendation Tabled [Owner Move-in Reform and Senior Housing Protection Act] Ordinance amending Administrative Code, (1) to replace current Subsection 37.9(a)(8) with a new Subsection 37(a)(8) governing when a landlord may recover possession of a rental unit for occupancy by the landlord or a relative, which new subsection increases from 12 months to 36 months the period of time the landlord or family member must intend to reside in the unit, creates a rebuttable presumption that the landlord has not acted in good faith if the landlord does not move in within three months or occupy the unit for 36 months, increases for new owners the ownership interest in the property required for owner move-in, and restricts move-in by relatives of the landlord; (2) to establish tenant rights in evictions under Subsection 37.9(a)(8) including specified notice, payment of relocation costs, right of a former tenant to relet after the landlord or landlord's relative vacates, prohibition of owner move-in in units where tenants age 62 or older who have been in the building ten years reside, and reinstatement of the previous rent after landlord or relative vacates; (3) to establish that it shall be a misdemeanor to refuse to rent to a person because their age would result in their acquiring rights under this Chapter; and (4) to create a civil action for attempting to prevent a tenant from acquiring rights under this Chapter. Sponsors Supervisors Bierman, Ammiano. File 109-96-2, Ordinance No. (Adds Section 37.9B; Amends Sections 37.9, 37.10A, 37.11A.) Supervisors Brown, Kaufman, Leal Excused from Voting On advice of the City Attorney, Supervisors Brown, Kaufman and Leal requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Hsieh, seconded by Supervisor Yaki, moved to excuse Supervisors Brown, Kaufman and Leal from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Teng, Yaki - 10. Supervisor Yaki, seconded by Supervisor Hsieh, moved to table. Tabled by the following vote: Ayes: Supervisors Hsieh, Katz, Teng, Yaki - 4. Noes: Supervisors Alioto, Ammiano, Bierman - 3. Excused: Supervisors Brown, Kaufman, Leal - 3. The President resumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Daniel Pieste, local politics; Pat Sorrey, immigration; L. J. Dolan, elevator-escalator construction worker; Male speaker, oppose rent ordinance; Leboriae P. Smoore, Alice Griffith Project. 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 Leal requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Juana Briones] Resolution acknowledging Juana Briones as the first woman settler of San Francisco; accepting on behalf of the people of the City and County the State historical marker honoring Juana Briones and directing the Recreation and Park Commission to approve placement of the plaque at its December 19, 1996 meeting and to take all steps necessary to ensure that the plaque is placed in Washington Square Park. Sponsors Supervisors Leal, Kaufman, Bierman, Teng, Katz, Alioto, Ammiano, Brown, Hsieh, Yaki. File 276-96-1, Resolution No. 1132-96 (November 25, 1996 - Introduced in Board for consideration on December 9, 1996.) Supervisor Leal, seconded by Supervisor Bierman, moved to amend title, line four and page three, line 6, by replacing December 19, 1996" with "January 16, 1997". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Hsieh, Yaki - 2. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Hsieh, Yaki - 2. In connection with the above item, Supervisors Teng, Katz, Alioto, Ammiano, Brown, Hsieh, Yaki requested to be added as co-sponsors. 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 Evelyn Gentry Hooker] Resolution commending the lifetime achievement of the late Dr. Evelyn Gentry Hooker whose pioneering study of the behavior of the homosexual men in the 1940's led to the removal of homosexuality as a psychological disorder from the American Psychiatric Association's Diagnostic and Statistical Manual. Sponsors Supervisors Leal, Bierman, Ammiano, Katz, Teng. File 6-96-183, Resolution No. 1098-96 (November 25, 1996 - Introduced in Board for consideration on December 9, 1996.) Adopted. In connection with the above item, Supervisors Katz, Teng requested to be added as co-sponsors. [Extend Planning Commission Review Period] Resolution extending the prescribed time within which the Planning Commission may render its decision on proposed ordinance to amend the Planning Code with respect to neighborhood commercial district construction application notice. Sponsor Supervisor Bierman. File 115-96-9.1, Resolution No. 1119-96 (November 25, 1996 - Introduced in Board for consideration on December 9, 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 30-96-1.24 (November 25, 1996 - Introduced in Board for consideration on December 9, 1996.) Adopted. [Legislative Chamber] Motion designating the Herbst Theater as the legislative chamber of the Board of Supervisors for its inaugural meeting on Wednesday, January 8, 1997. (Clerk of the Board) File 54-96-11 (November 25, 1996 - Introduced in Board for consideration on December 9, 1996.) Adopted. [Emergency Design Contract] 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. Sponsor Supervisor Ammiano. File 172-96-43, Resolution No. 1127-96 (December 4, 1996 - Referred to Board for consideration on December 9, 1996.) Adopted. [Mortgage Credit Certificates] Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates in an amount not to exceed $25,000,000. Sponsor Supervisor Brown. File 218-96-1.1, Resolution No. 1129-96 (December 2, 1996 - Referred to Board for consideration on December 9, 1996.) Adopted. [Parcel Map, 1700 Egbert Avenue] Motion approving parcel map of 1700 Egbert Avenue, being a merger of parcels one and two, portion of Assessor's Block 5415, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-40 (November 21, 1996 - Referred to Board for consideration on December 9, 1996.) Adopted. [Final Map, Bush/Broderick Building] Motion approving final map of Bush/Broderick Building, a Residential Condominium Project, being a subdivision of Lot 17 in Assessor's Block 1049, and adopting findings pursuant to Planning Code Section 101.1. (Department of Public Works) File 58-96-41 (November 27, 1996 - Referred to Board for consideration on December 9, 1996.) Adopted. [Election Declaration] Resolution declaring the results of the General Municipal Election conducted November 5, 1996, in the City and County of San Francisco. (Department of Elections) File 60-96-11, Resolution No. 1109-96 (November 26, 1996 - Referred to Board for consideration on December 9, 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, Katz, Kaufman, Leal, Teng - 8. Absent: Supervisors Hsieh, Yaki - 2. 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 resolution(s) being considered at this time are purely commendatory. Supervisor Brown, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 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 Brown, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Imperative Resolutions] Adopted [Commend Jackie Chan] Resolution commending Jackie Chan and declaring December 6, 1996 as "Jackie Chan Day". File 006-96-184, Resolution No. 1099-96 Supervisor Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Commend Asian Pacific American Labor Alliance] Resolution commending Asian Pacific American Labor Alliance and declaring December 12, 1996 as "APALA Day". File 006-96-185, Resolution No. 1100-96 Supervisor Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Burma Ordinance Clarifying Amendments] Ordinance amending Administrative Code Sections 12J.1, 12J.2, 12J.3, 12J.4, 12J.7 and 12J.8 relating to the Burma Ordinance by adding certain clarifying amendments, including the application of the ordinance contracts with private entities, contracts for the construction of public works and contracts to be paid out of the treasury of the City and County. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-010.01. [Campaign Consultant Regulation] Ordinance amending Administrative Code by adding Sections 16.540 through 16.547 to require registration of and quarterly reporting by campaign consultants; prohibits a member of the Board of Supervisors, who retains a campaign consultant who is also a lobbyist, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board of Supervisors; and prohibit a member of the Board of Supervisors, who has previously retained a campaign consultant who is also a lobbyist, and who owes the campaign consultant money for campaign consulting services provided to help elect the member of the Board of Supervisors, from participating in deliberations and decisions on matters on which the campaign consultant lobbies the Board of Supervisors. Supervisor Leal presented. Referred to Government Efficiency/Labor Committee. File 097-96-013.03. [Displaced Worker Protection Act] Substitute ordinance amending Administrative Code by adding Chapter 75, Sections 75.1 through 75.10 to provide for the retention of security, janitorial building maintenance and non-professional health care workers when a successor contract is awarded. Supervisor Yaki presented. Referred to Budget Committee. File 097-96-055. [Immigrant Rights Advisory Committee] Ordinance amending Administrative Code by adding Section 5.201 establishing the Immigrant Rights Advisory Committee. Supervisors Teng, Katz presented. Referred to Economic Vitality/Social Policy Committee. File 097-96-064. [Cigarette Vending Machine Ban] Ordinance amending Health Code by amending Article 19D, Sections 1009 through 1009.4, to ban cigarette vending machines in the City and County, even those located in places where minors are not permitted by law. Supervisors Alioto, Yaki, Leal, Ammiano, Bierman, Katz presented. Referred to Health/Public Safety/Environment Committee with request it be considered at the December 19, 1996 meeting. File 118-96-002. [Sale/Exchange of Property, Alameda Street] Proposed amendment of the whole entitled, 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. Supervisor Bierman presented. Referred to Board December 16, 1996. File 164-96-001.02. Referred to Board [Joint Powers Agreement] Ordinance approving amended and restated Joint Powers Agreement changing the manner of Santa Clara County representation on the Joint Powers Board, incorporating prior amendments approved by member agencies, and waiving the requirements of tropical hardwoods clause. Supervisor Hsieh presented. Referred to Rules Committee with request it be considered at the December 17, 1996 meeting. File 172-96-045. [Commend SF Firefighters Toy Program] Resolution commending the San Francisco Firefighters Toy Program for developing the first ever "Santa's Workshop on Wheels". Supervisors Hsieh, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar December 16, 1996. File 006-96-186. [Red Light Violation Fines] Resolution urging the State Legislature to increase the fine for the moving violation of running a red light to $250.00 and directing the City's Lobbyist to take all reasonable steps to initiate and lobby for such legislation at the earliest possible time and to issue written status reports on the progress of the initiative. Supervisors Leal, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar December 16, 1996. File 012-96-048. [Welfare Reform Exemption] Resolution urging the United States Congress and the President to exempt frail elderly from the provisions of the Welfare Reform Bill denying public assistance to legal immigrants. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar December 16, 1996. File 013-96-044. Referred to Committee [Inner Sunset Neighborhood Commercial District] Resolution imposing Interim Zoning Controls to create the Inner Sunset Neighborhood Commercial District, consisting of the NC-2 District bounded by Fifth Avenue, Nineteenth Avenue, Kirkham Street and Lincoln Way; and imposing controls on all uses in this district for an eighteen (18) month period; and making determination of consistency with the priority policies of Planning Code Section 101.1. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 111-96-008. Referred to Board [Labor Issue, San Francisco Symphony] Resolution urging the San Francisco Symphony to continue payments for medical, dental and vision care insurance for its employees. Supervisors Alioto, Ammiano, Bierman, Brown, Teng, Yaki, Hsieh presented. Referred to Board for Adoption Without Committee Reference Calendar December 16, 1996. File 176-96-009. [Court Appointed Special Advocates] Resolution approving and acknowledging the submission of a grant application by the San Francisco Court Appointed Special Advocates (SFCASA) to the California Judicial Council in the amount of $20,000. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar December 16, 1996. File 256-96-002. Requests for Hearings: [Free Muni Service, Public Assistance] Hearing to consider the feasibility, impact and practical implications of providing free Muni service to San Francisco residents on public assistance. Supervisor Yaki presented. Referred to Budget Committee. File 007-96-008. [Traffic Light] Hearing to consider the installation of a traffic light at the intersection of 30th and Dolores Streets. Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 191-96-005. [Bicycle Rack Implementation] Hearing to consider the City's implementation of the bicycle rack legislation. Supervisor Katz presented. Referred to Government Efficiency/Labor Committee. File 277-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-102. [GA Rights Union et al. v. Cahill et al.] Ordinance authorizing settlement of litigation of GA Rights Union against the City and County of San Francisco by payment of $38,626. (Superior Court No. 973-227) Referred to Government Efficiency/Labor Committee. File 045-96-103. [Homer J. Olsen et al. v. CCSF and CH2M Hill] Ordinance authorizing settlement of litigation of Homer J. Olsen/Ohbayashi Corporation and Brayer/Abbett against the City and County of San Francisco and CH2M Hill by payment of $2,000,000. (Alameda County Superior Court, Northern Division; Docket No. 727093-8). (City Attorney) Referred to Government Efficiency/Labor Committee. File 097-96-062. [Public Health Membership in Organizations] Ordinance amending Administrative Code by amending Section 16.6-10 to authorize the Department of Public Health to join the University Healthsystems Consortium (UHC) and the University Healthsystems Consortium Services Corporation (UHCSC); companion measure to File 97-96-63. (Department of Public Health) Referred to Budget Committee. File 097-96-063. [Public Health Access to UHC/UHCS Services] Ordinance amending Administrative Code by adding Section 19A.36 to authorize the Director of Public Health to access all services provided by the University Healthsystems Consortium (UHC) and the University Healthsystems Consortium Services (UHCSC) including purchasing supplies and accessing clinical and financial databases; companion measure to File 97-96-62. (Department of Public Health) Referred to Budget Committee. File 101-96-024. [Appropriation, Public Library] Ordinance appropriating $1,601,488, Public Library, for salaries-miscellaneous for fiscal year 1996-97 - $1,257,927 from Public Preservation Fund, $129,977 from the General Fund Reserve and $211,684 from fees and Federal grant revenues and miscellaneous revenues; rescinding $83,600 of membership fees, other contractual services (Library Preservation Fund) and $1,900 of Materials and Supplies (General Fund). RO #96164. (Controller) Referred to Budget Committee. File 101-96-025. [Appropriation, Medical Examiner/Coroner] Ordinance appropriating $19,222, Medical Examiner/ Coroner, from General Fund Reserve (Sudden Infant Death Syndrome Revenue) to purchase computer equipment for fiscal year 1996-97. RO #96146. (Controller) Referred to Budget Committee. File 101-96-026. [Appropriation, Board of Supervisors] Ordinance appropriating $17,626, Board of Supervisors, from the General Fund Reserve for salaries and fringe benefits for the creation of one (1) position for fiscal year 1996-97; companion measure to File 102-96-7. RO #96165. (Controller). Referred to Budget Committee. File 101-96-027. [Appropriation, Mayor's Office] Ordinance rescinding $517,483 from a capital project for stadium naming rights at Recreation and Park and transferring it to salaries, fringe benefits, travel, training, professional services, materials and supplies, equipment and services of other departments for the creation of three (3) positions at the Mayor's Office to review financing and development options for a stadium to replace 3Com Park, for fiscal year 1996-97; companion measure to File 102-96-6. RO #96166. (Controller) Referred to Budget Committee. File 102-96-006. [Salary Ordinance Amendment, Mayor's Office] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of three (3) positions (Class 1376 Special Assistant XVII, 1372 Special Assistant XIII, and 1450 Executive Secretary I), in the Mayor's Office; companion measure to File 101-96-27. (Department of Human Resources) Referred to Budget Committee. File 102-96-007. [Salary Ordinance Amendment, Board of Supervisors] Ordinance amending Ordinance No. 298-96 (Annual Salary Ordinance, 1996/97) reflecting the creation of one (1) position (Class 1361 Special Assistant II), in the Board of Supervisors; companion measure to File 101-96-26. (Department of Human Resources) Referred to Budget Committee. File 121-96-013. [Permit Fees for Tow Car Firms/Ramped Taxicabs] Ordinance amending Police Code by amending Sections 2.26 and 2.27, relating to permit filing fees and permit license fees for tow car firms and ramped taxicabs. (Police Commission) Referred to Budget Committee. File 170-96-010. [Lease Financing for 911 Center] Ordinance rescinding Ordinance 208-94 (Citywide Radio System Lease Financing); approving a Site Lease Agreement between the City and County of San Francisco ("City"), as lessor, and the City and County of San Francisco Finance Corporation ("Corporation"), as lessee, relating to a portion of Assessor's Block 759, Lot 1, known as the Margaret S. Hayward Playground ("Site"); approving a Project Lease Agreement between the Corporation as lessor, and the City as lessee, of the 911 Dispatch Center to be constructed on the Site (including certain indemnification provisions therein); approving an Agency Agreement between the Corporation and the City with respect to a 911 Dispatch Center to be used for City purposes; approving the issuance of Lease Revenue Bonds of the Corporation; approving a Continuing Disclosure Agreement relating to said bonds; approving the circulation, execution and delivery of an Official Statement relating to said bonds; and providing for the execution of documents in connection with and ratifying previous actions taken in connection with the foregoing matters; companion measure to File 216-95-1.2. (Also see File 170-94-6). (City Administrator/Department of Administrative Services) Referred to Budget Committee. File 216-95-001.02. [Combined Emergency Communications Center] Ordinance selecting and setting aside certain real property at 1003 Turk Street in the Margaret S. Hayward Playground, Assessor's Block 759, Lot 1, consisting of the following: (1) a subsurface 10-foot wide sewer line to service the new Combined Emergency Communications Center ("CECC"); (2) an emergency ingress and egress right-of-way to and from Octavia Street; and (3) an aerial encroachment area over the southern boundary of the property on which the new CECC shall be constructed; and amending Section 6 of Ordinance No. 80-96 to provide an elevation adjustment to allow for the construction of the underground parking structure for CECC; companion measure to File 170-96-10. (City Administrator/Department of Administrative Services) Referred to Budget Committee. Resolutions Referred to Committee File 025-96-024. [Prop J Contract, Security Services] Resolution concurring with the Controller's certification that uniformed security services can be practically performed for the Public Transportation Commission by a private contractor for a lower cost than similar work services performed by City and County employees. (Public Transportation Commission) Referred to Government Efficiency/Labor Committee. File 027-96-015. [Right of Way Cooperative Agreement] Resolution approving a Right of Way Cooperative Agreement between the Airport Commission and CalTrans and authorizing the Director of Property and Airport Director to execute documents to complete the property exchange. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 038-96-019. [Gift Acceptance, Rathmann Family Foundation] Resolution authorizing acceptance by the San Francisco Fire Department of a $8,850 contribution from the Rathmann Family Foundation for the Neighborhood Emergency Response Team training program. (Fire Commission) Referred to Government Efficiency/Labor Committee. File 038-96-020. [Gift Acceptance, Recreation and Park] Resolution accepting four gifts valued at $72,300, for use by the Recreation and Park Department. (Recreation and Park Department) Referred to Government Efficiency/Labor Committee. File 048-96-063. [Settlement of Claim, Debbie Ellis] Resolution approving the settlement of the unlitigated claim of Debbie Ellis by payment of $7,000.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-064. [Settlement of Claim, Michael Walls] Resolution approving the settlement of the unlitigated claim of Michael Walls by payment of $7,050.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-065. [Settlement of Claim, Thomas Gerard Murphy] Resolution approving the settlement of the unlitigated claim of Thomas Gerard Murphy by payment of $30,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-066. [Settlement of Claim, Susan Colby Meyer] Resolution approving the settlement of the unlitigated claim of Susan Colby Meyer by payment of $23,500. (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-013. [Lease of Property, Crystal Springs Golf Partners] Resolution authorizing a 20-year lease of Water Department land between the City and County of San Francisco and Crystal Springs Golf Partners, L.P., located in the Crystal Springs Watershed, San Mateo California. (Public Utilities Commission) Referred to Government Efficiency/Labor Committee. File 111-96-007. [Wireless Telecommunication Facilities Moratorium] Resolution imposing up to an eighteen month moratorium on specified wireless telecommunication facilities in RH-1, RH-1(D), RH-1(S), RH-2, RH-3, RM-1, RM-2, and RM-3 Zoning Districts, subject to certain exceptions, pursuant to Planning Code Section 306.7 and establishing the terms and limitations thereof, to enable adoption of a telecommunications facilities amendment to the community facilities element of the General Plan. (Planning Department) (Planning Commission Resolution No. 14187 approving limitation on the placement of Wireless Telecommunications Services (WTS) Facilities, adopted 9/5/96; Planning Commission Resolution No. 14200 approving the WTS moratorium, adopted 9/26/96.) (Exempt Status: General Rule Exclusion (State Guidelines, Section 15061(b)(3)). Referred to Housing and Land Use Committee. File 146-96-026. [State Allocation, Tuberculosis Control Services] Resolution authorizing the Department of Public Health, TB Control Division, to accept and expend an allocation of $37,697, which includes no indirect costs, from the State Department of Health Services to provide collaborative tuberculosis control services; waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-029.03. [CCSF-IBM Professional Services Contract] Resolution approving the limitation of liability in an agreement for professional services with International Business Machines Corporation who is developing an improved process for dealing with problem management for the Information Services Division. (See Files 172-96-29, 172-96-29.1, and 172-96-29.2) (Controller) Referred to Government Efficiency/Labor Committee. File 172-96-042. [Tolling Agreement, Alexander Hamilton Post No. 448] Resolution authorizing City Attorney to enter into an agreement with the Alexander Hamilton Post #448 of the American Legion ("Post") to toll the statute of limitations on any claims that the Post may have against the City and County of San Francisco, arising out of alleged discrimination against the Post in the War Memorial Veterans Building. (Also see File 240-96-1). (City Attorney) Referred to Government Efficiency/Labor Committee. File 172-96-044. [Annual Payment Agreement, CCSF-Port Commission] Resolution approving Annual Payment Agreement between San Francisco Port Commission and City and County of San Francisco, by and through its Board of Supervisors regarding payment of parking fine revenues from Port property. (Port Commission) Referred to Budget Committee. File 222-96-004. [Civil Service Rule Amendment, Exempt Employment] Resolution approving amendment to Civil Service Commission Rule 14 adding Section 14.46, "Charter limit on certain categories of exempt appointment" adopted by the Civil Service Commission on November 18, 1996 pursuant to Charter Section 10.104. (Civil Service Commission) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Katz, that City Attorney prepare owner move-in eviction ordinance to change the minimum time period an owner must live in the property, require the City to send declaration under penalty of perjury statement that they are living in the unit by certified, return receipt letter bi-annually to owner, permit City to send an inspector, provide for illegal owner eviction damages and penalties with specified use of the funds, imposition of criminal penalties, require evicting owner to provide specific information to the rent board and to provide evicted tenant information regarding their rights under the rent control ordinance in multi-lingual form. By Supervisor Leal, that Budget Analyst continue to work with various departments regarding the substance abuse treatment on demand program to assure that they understand the cost/benefit analysis that we are striving to achieve. For example, some of the departments did not appear to understand how to develop the correct methodology for determining the costs to their departments on dealing with the consequences of not providing drug treatment on demand. A hearing will be scheduled early next year to re-examine the cost/benefit analysis. By Supervisor Alioto, that City Attorney prepare amendment to general assistance ordinance (Administrative Code Section 20.57(a))to eliminate the grant reduction for individuals in two person families and provide the maximum general assistance grant to eligible individuals in two person families, as well as to single individuals. By Supervisor Alioto, that City Attorney prepare ordinance that no longer counts loans to general assistance recipients as income. By Supervisor Ammiano, that City Attorney prepare legislation directing the City Attorney to file an amicus brief on behalf of Proposition 208, Campaign Contribution and Spending Limits, which was approved by the voters by an overwhelming 70 percent and challenged by the anti-choice forces of the State of California. By Supervisor Bierman, that City Attorney prepare ordinance concerning owner move-in reform and senior housing protection act to limit application of the legislation to owner move-ins in which the notice to quit is served after the effective date of the legislation (30 days after signature by the Mayor). Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Orelia Langston (By the entire Board) Bernice M. Hemphill (By the entire Board) Else Reisner Sponsor Supervisor Bierman. John Slattery Sponsor Supervisor Bierman. Selina Bendix Sponsor Supervisor Bierman. File 2-96-48 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:30 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 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