JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Monday, July 15, 1996 - 2:00 p.m.
The Board of Supervisors of the City and County of San Francisco met in regular session on the above
date.
CALLING THE ROLL
In the absence of President Kevin Shelley, the meeting was called to order at 2:06 p.m. by the Clerk.
On call of the roll, the following Supervisors were noted present:
Ayes: Supervisors Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 6.
Noted absent at first roll call:
Supervisors Alioto, Ammiano, Bierman, Leal, Shelley - 5.
Quorum present.
Supervisor Alioto was noted present at 2:06 p.m.
Supervisor Ammiano was noted present at 2:05 p.m.
Supervisor Bierman was noted present at 2:07 p.m.
Supervisor Shelley was noted present at 3:11 p.m.
Election of President Pro Tempore
Following roll call of attendance by the Clerk, Supervisor Hsieh, seconded by Supervisor Yaki, moved
that Supervisor Katz be appointed President Pro Tempore until the arrival of Supervisor Shelley.
Motion adopted by the following vote:
Ayes: Supervisors Ammiano, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 7.
Absent: Supervisors Alioto, Bierman, Leal, Shelley - 4.
Supervisor Leal Excused
The Clerk stated Supervisor Leal requested to be excused from attending today's meeting because of
illness.
Supervisor Yaki, seconded by Supervisor Hsieh, moved to excuse Supervisor Leal.
Motion adopted by the following vote:
Ayes: Supervisors Ammiano, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 7.
Absent: Supervisors Alioto, Bierman, Leal, Shelley - 4.
APPROVAL OF JOURNALS
There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Yaki, moved
that the Journal of Proceedings for Monday, June 3, 1996, be approved.
Motion carried by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Suspension of the Rules
Presentation of Guests
Supervisor Yaki, seconded by Supervisor Teng, moved to suspend
Section 4, Item 25, of the Rules of Order of the Board of Supervisors
to grant privilege of the floor to Colleen Queen for the purpose of
introducing Councillor John Hurl who wished to address the Board.
No objection and motion carried.
Ms. Queen introduced the Honorable John Hurl, Councillor,
Magherafelt District Council, County Derry, Ireland, (a position equal
to a mayor).
Councillor Hurl thanked the Board of Supervisors for their awareness
and support of peace for Northern Ireland and for passing a resolution
in support of Jimmy Smyth.
CONSENT CALENDAR
Recommendation of Rules Committee
Finally Passed
[Home Delivery Services]
Ordinance amending Police Code, relating to home delivery services.
Sponsor Supervisor Shelley.
File 121-96-8.1, Ordinance No. 295-96
(Amends Section 3305.1.)
Finally passed.
Recommendations of Government Efficiency and Labor Committee
Passed for Second Reading
[Shaffer v. CCSF]
Ordinance authorizing settlement of litigation of Shaffer v. City and
County and the City's sale of Assessor's Block 4093, Lot 92. (City
Attorney)
File 45-96-37, Ordinance No.
(Superior Court No. 881-639.)
Passed for second reading.
[Scott Maynard v. CCSF et al.]
Ordinance authorizing settlement of litigation of Scott Maynard against
the City and County by payment of $262,500. (City Attorney)
File 45-96-38, Ordinance No.
(U.S. District Court Case No. C-95-04506 WHO.)
Passed for second reading.
[Settlement of Union Grievance]
Ordinance authorizing settlement of the union grievance filed by SEIU,
Local 790 on behalf of Carolyn Jeffrey regarding her termination from
the Department of Public Health - General Hospital, by payment of
$14,217.33. (City Attorney)
File 45-96-39, Ordinance No.
Passed for second reading.
[CCSF v. Donna E. Shalala]
Ordinance authorizing settlement of litigation of City and County
against Donna E. Shalala, Secretary of Health and Human Services, for
additional Medicare reimbursement. (City Attorney)
File 46-96-9, Ordinance No.
(U.S. District Court Case No. C95-4150 MHP.)
Passed for second reading.
Adopted
[Prop J Contract, Budget Analyst Services]
Resolution concurring with the Controller's certification that services
of the Budget Analyst can be practically performed by private
contractor for lower cost than similar work services performed by City
and County employees. (Clerk of the Board)
File 25-96-13, Resolution No. 639-96
Adopted.
[Lease of Property at 760 Harrison Street]
Resolution authorizing a lease of real property at 760 Harrison Street,
San Francisco, for the South of Market Mental Health Service Clinic of
the Mental Health Division of Department of Public Health.
(Department of Public Health)
File 64-96-9, Resolution No. 644-96
Adopted.
[Lease of Property at 635 Potrero Avenue]
Resolution authorizing lease of real property at 635 Potrero Avenue for
the Department of Public Health. (Real Estate Department)
File 64-96-10, Resolution No. 645-96
Adopted.
[Grant - Art Commission]
Resolution authorizing the Art Commission to retroactively apply for,
accept and expend $20,000 of California Art Council grant funds to
implement a new Collaborative Arts Education Project in Latin American
Arts and Culture in partnership with the Mission Cultural Center for
Latino Arts and five schools of the San Francisco Unified School
District, waiving the 2% associated indirect costs. Sponsors Supervisors
Yaki, Leal, Alioto.
File 132-96-2, Resolution No. 650-96
Adopted.
[Grant - State, Anti-Drug Abuse Enforcement Program]
Resolution authorizing the Chief of Police to retroactively apply for,
accept and expend funds in the amount of One Hundred Fifty-One
Thousand Five Hundred Ninety-Four Dollars (151,594.00), which includes
indirect costs of Seven Thousand Five Hundred Eighty Dollars
($7,580.00), based upon five percent (5%) of the total grant award,
and One Thousand Five Hundred Dollars ($1,500.00) for audit costs, for
continual funding for a project entitled "Anti-Drug Abuse Enforcement
Program". Sponsor Supervisor Alioto.
File 143-96-2, Resolution No. 653-96
Adopted.
The foregoing items on the Consent Calendar were acted upon by the
following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendation of Government Efficiency and Labor Committee
Finally Passed
[Bay Area Cellular Telephone Company Transmitter Lease]
Ordinance authorizing and approving a lease of cellular transmitter
space in Fire Department Headquarters to Bay Area Cellular Telephone
Company (BACTC). (Real Estate Department)
File 65-96-9, Ordinance No. 294-96
(Fiscal Impact.)
Finally passed by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Recommendations of Rules Committee
Finally Passed
[Telecommunications Commission]
Ordinance amending Administrative Code, to create a Department of
Telecommunications and Information Services, a Telecommunications
Commission, and a Telecommunications Plan and to transfer certain
functions regarding cable television franchises from the Chief
Administrative Officer to the Department of Telecommunications and
Information Services and to limit the duration of new cable television
franchises to ten years. Sponsors Supervisors Bierman, Ammiano, Alioto.
File 97-95-34, Ordinance No. 293-96
(Adds Sections 11.50, 11.51, 11.52, 11.53, 11.54, 11.55, 11.45 and
11.46.)
Finally passed by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Ordered Submitted
[Charter Amendment, Retiree COLA Proposal]
Charter amendment (Fourth Draft) amending the charter by adding Section
A8.526-1 relating to a supplemental cost of living benefit for
retirees and their survivors. Sponsors Supervisors Bierman, Teng.
File 246-96-1
(July 8, 1996 - Consideration continued to July 15, 1996.)
Fourth Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
In connection with the above item, Supervisor Teng requested to be
added as co-sponsor.
[Charter, Board of Supervisors Compensation]
Charter amendment (Second Draft) amending Section 2.100 to set the
salary for members of the Board of Supervisors at $50,000 per year and
by adding Section A8.502-1 to make members of the Board of Supervisors
members of the Retirement System. Sponsors Supervisors Ammiano, Bierman, Teng.
File 249-96-1
(Fiscal Impact.)
(July 8, 1996 - Consideration continued to July 15, 1996.)
Second Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
In connection with the above item, Supervisor Teng requested to be
added as co-sponsor.
[Charter, Firefighters Retirement Benefits]
Charter amendment (Third Draft) amending Appendix A8.588 relating to
retirement benefits for firefighters. Sponsors Supervisors Shelley, Alioto,
Teng.
File 253-96-1
(July 8, 1996 - Consideration continued to July 15, 1996.)
Third Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
In connection with the above item, Supervisors Alioto, Teng
requested to be added as co-sponsors.
[Charter Amendment, Consent Decrees]
Charter amendment (Second Draft) amending Sections 10.102 relating to
the hiring and promotion of uniformed members of the San Francisco
Police and Fire Departments. Sponsors Supervisors Shelley, Alioto, Teng,
Bierman, Ammiano, Katz, Brown.
File 257-96-1
(July 8, 1996 - Consideration continued to July 15, 1996.)
Second Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
In connection with the above item, Supervisors Alioto, Teng,
Bierman, Ammiano, Katz, Brown requested to be added as co-sponsors.
NEW BUSINESS
Recommendations of Budget Committee
Adopted
[Annual Budget]
Annual Budget for the City and County of San Francisco for fiscal year
1996-97. (Mayor)
File 100-96-1
(Administrative Code Section 3.5 provides the Board shall adopt the
budget not earlier than July 15, 1996 nor later than July 26, 1996.)
Supervisor Ammiano, seconded by Supervisor Bierman, moved to amend
the budget to restore 27 supervising nurses' positions at Laguna Honda
Hospital.
Supervisor Bierman, seconded by Supervisor Alioto, moved substitute
amendment to reduce the number from 27 to 17 positions by cutting one
assistant director, four nursing supervisors and five head nurses.
After a period of debate, the roll was called on the substitute
amendment and it was refused adoption by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Katz, Shelley - 5.
Noes: Supervisors Brown, Hsieh, Kaufman, Teng, Yaki - 5.
Absent: Supervisor Leal - 1.
There being no objection, Supervisor Ammiano withdrew his pending
amendment.
The annual budget was adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
Passed for Second Reading
[Annual Appropriation Ordinance, Fiscal Year 1996-97]
Ordinance appropriating all estimated receipts and all estimated
expenditures for the City and County of San Francisco for fiscal year
ending June 30, 1997; companion measure to File 100-96-1. (Mayor)
File 101-96-2, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
[Annual Salary Ordinance Fiscal Year 1996-97]
An ordinance enumerating positions in the Annual Budget and
Appropriation Ordinance for the fiscal year ending June 30, 1997,
continuing, creating or establishing these positions; enumerating and
including therein all positions created by Charter or State law for
which compensations are paid from City and County funds and
appropriated in the Annual Appropriation Ordinance; authorizing
appointments or continuation of appointments thereto; specifying and
fixing the compensations and work schedules thereof; and authorizing
appointments to temporary positions and fixing compensations therefor.
(Department of Human Resources)
File 102-96-2, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
Adopted
[Redevelopment Agency Budget and Bonds]
Resolution approving the Budget of the Redevelopment Agency for fiscal
year 1996-97; approving the issuance by the Agency of bonds in an
aggregate principal amount not to exceed $43,000,000 for the purpose
of financing redevelopment activities in fiscal year 1996-97; and
providing quarterly reports. (Redevelopment Agency)
File 161-96-4, Resolution No. 654-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Passed for Second Reading
[Special Election]
Ordinance calling and providing for a Special Election to be held in
the City and County of San Francisco on Tuesday, November 5, 1996, for
the purpose of submitting to the voters of the City and County of San
Francisco propositions to incur the following bonded debts of the City
and County: (1) $73,300,000 for the acquisition, construction and/or
reconstruction of a new museum facility to replace the De Young
Museum; and (2) $100,000,000 for the financing of the low-income
housing and down-payment assistance to low and moderate first-time
homebuyers; and that the estimated cost of said projects is and will
be too great to be paid out of the ordinary annual income and revenue
of the City and County and will require expenditures greater than the
amount allowed therefor by the annual tax levy; reciting the estimated
costs of such projects; fixing the date of election and the manner of
holding such election and the procedure for voting for or against the
propositions; fixing the maximum rate of interest on said bonds and
providing for the levy and collection of taxes to pay both principal
and interest thereof; prescribing notice to be given of such election;
consolidating the Special Election with the General Election; and
providing that the election precincts, voting places and officers for
election shall be the same as for such General Election. Sponsors Supervisors
Shelley, Leal, Alioto, Yaki, Katz, Brown, Teng.
File 60-96-6, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
In connection with the above item, Supervisors Alioto, Yaki, Katz,
Brown, Teng requested to be added as co-sponsors.
[Possessory Interest Taxes]
Ordinance amending Administrative Code, to provide that all agreements
for private use of City property include an acknowledgment of the
private party's potential liability for possessory interest taxes
unless the Board of Supervisors specifically authorizes and approves
the City's assumption of any such liability and relating to reports to
the Assessor. Sponsors Supervisors Ammiano, Teng.
File 97-96-11.1, Ordinance No.
(Adds Sections 6.63-1, 6.63-2 and amends Chapter 23 to refer to
these new sections.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
In connection with the above item, Supervisor Teng requested to be
added as co-sponsor.
[Environmental Review Fees]
Ordinance amending Administrative Code, to extend the September 30,
1996 Sunset Clause to September 30, 1997, and adjust fees currently
charged for Environmental Review actions, activities, and procedures.
(Planning Department)
File 97-96-32, Ordinance No.
(Fiscal Impact.)
(Amends Section 31.46A.)
(Exemption from environmental review per Public Resources Code Sec.
21080(b)(8).)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Planning Fees]
Ordinance amending City Planning Code, to extend the September 30, 1996
Sunset Clause to September 30, 1997, impose new fees and adjust fees
currently charged for Department of City Planning actions, activities,
and services; companion measure to File 97-96-32. (Planning
Department)
File 115-96-6, Ordinance No.
(Fiscal Impact.)
(Amends Sections 350 et seq.)
(City Planning Commission Resolution No. 14114.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Tax Collector - Administrative Fees]
Ordinance amending Administrative Code, establishing fees for the
administrative costs of the Tax Collector to process documents
relating to tax bills. Sponsor Supervisor Hsieh.
File 97-96-39, Ordinance No.
(Adds Section 8.34-1.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Parking Revenue Fund]
Ordinance amending Traffic Code, to provide for the deposit of
$7,600,000 in parking meter revenue into the General Fund relating to
use of monies in parking meter revenue account concerning general fund
amount, for fiscal year 1996-97, if available. Sponsor Supervisor Hsieh.
File 124-96-5, Ordinance No.
(Amends Section 213.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Adopted
[Reimbursement for Moscone Bonds]
Resolution declaring the official intent of the City and County to
reimburse certain expenditures from proceeds of future indebtedness
incurred for the acquisition and construction of additional Convention
Center Facilities. (City Administrator)
File 170-95-11.1, Resolution No. 636-96
(Fiscal Impact.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Sewer Emergency]
Resolution authorizing the Director of the Department of Public Works
to take necessary measures to protect the health, welfare and property
of the citizens of San Francisco by performing the necessary work to
replace structurally inadequate sewer in Hyde Street between Ellis and
O'Farrell Streets, South Hill Boulevard between Winding Way and
Chicago Way, the Sweeny Street easement between Sweeny Street and West
View Avenue and Hallam Street at the Folsom Street Intersection -
$257,913. (Department of Public Works)
File 28-96-6, Resolution No. 640-96
(Fiscal Impact.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisor Leal, Shelley - 2.
[Emergency Repair, Paceco Crane at Pier 80]
Resolution approving a declaration of emergency for repair of broken
boom on a crane at the Port of San Francisco's Pier 80 North Container
Terminal (foot of Caesar Chavez Street). (Port Commission)
File 28-96-7, Resolution No. 641-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Parking Rates]
Resolution approving new parking rates for eight (8) City-owned parking
facilities. (Department of Parking and Traffic)
File 47-96-5, Resolution No. 643-96
(Fiscal Impact.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Sale of Surplus City-owned Property]
Resolution confirming sale of surplus City-owned property, Assessor's
Block 6203, Lot 2, 400 Campbell Street; Assessor's Block 513, Lot 15,
2475 Greenwich Street. (Real Estate Department)
File 96-96-1, Resolution No. 648-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Recommendations of Government Efficiency and Labor Committee
Passed for Second Reading
[MOU, Local 3, Amendment No. 1]
Ordinance amending Ordinance No. 176-96 to correct clerical errors by
adopting and implementing the provision of Amendment Number 1 to the
Memorandum of Understanding between the Operating Engineers, Local 3
bargaining for Supervising Probation Officers and the City and County
of San Francisco to be effective July 1, 1996 through June 30, 1997.
(Department of Human Resources)
File 93-96-18.1, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Colorado Product Ban Repeal]
Ordinance amending Administrative Code, to remove restrictions
prohibiting the City from purchasing any commodity manufactured or
produced in the State of Colorado. Sponsors Supervisors Ammiano, Alioto,
Bierman.
File 97-96-37, Ordinance No.
(Repeals Article XXI, Sections 10.240 through Section 10.247.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Adopted
[Extension and Renewal of Lease]
Resolution authorizing renewal and extension of a lease of real
property at 3450 Third Street, Building A-1, San Francisco, for the
comprehensive child crisis service of the Department of Public Health.
(Real Estate Department)
File 64-96-11, Resolution No. 646-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Lease of Property at 450 Seventh Street]
Resolution authorizing a revocable license agreement for lease of
property at 450 Seventh Street for the Police Department, providing
for ratification of actions previously taken. (Real Estate Department)
File 64-96-12, Resolution No. 647-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Grant - State, Adult Probation Drug Abatement]
Resolution authorizing retroactively, the Chief Adult Probation Officer
to apply for, accept and expend funds in the amount of $180,774 which
includes indirect costs in the amount of $9,039 based on five percent
of the total project, made available through the Office of Criminal
Justice Planning for a project entitled "San Francisco Adult
Probation's Drug Abatement Project. Sponsor Supervisor Alioto.
File 130-96-1, Resolution No. 649-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Grant - State, Drug Abatement Project]
Resolution authorizing retroactively, the District Attorney to apply
for, accept, and expend funds in the amount of $317,421.00 made
available through the Office of Criminal Justice Planning for a
project entitled "San Francisco District Attorney's Drug Abatement
Project", for the twelve month period July 1, 1996 through June 30,
1997. Sponsor Supervisor Alioto.
File 138-96-6, Resolution No. 651-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisor Leal, Shelley - 2.
[Grant - Major Narcotic Vendors Prosecution Program]
Resolution authorizing retroactively, the District Attorney to apply
for, accept, and expend funds in the amount of $135,501.00 made
available through the Office of Criminal Justice Planning for a
project entitled "San Francisco District Attorney's Office Major
Narcotic Vendors Prosecution Program", for the twelve month period
July 1, 1996 through June 30, 1997. Sponsor Supervisor Alioto.
File 138-96-7, Resolution No. 652-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisor Leal, Shelley - 2.
[State Child Care Contract]
Resolution authorizing retroactively, the execution of a contract
between the City and County and the State of California Department of
Education in the amount of $130,047 for participation by the City and
County in the State's Child Care and Development Program for fiscal
year 1995-96. (Department of Human Services)
File 172-96-17, Resolution No. 655-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Mutual Indemnification Agreement, SFCCD/DPH]
Resolution authorizing retroactively, the Director of Health to execute
an agreement, including mutual indemnification, with the San Francisco
Community College District, in regard to an agreement to provide
educational services for the Department of Public Health's Childhood
Lead Prevention Program. (Department of Public Health)
File 172-96-21, Resolution No. 656-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
(Pursuant to the provisions of the Board's Rules of Order, at least
six days must intervene between the first appearance of a proposed
Charter amendment before the Board as a referral from Committee and
any Board order of submission to the electorate.
In accordance therewith, consideration of the following proposed
Charter amendments appropriately may be continued at least one
week.)
Recommendation of Rules Committee
Consideration Continued
[Charter, Collective Bargaining]
Charter amendment (Fourth Draft) amending the charter by amending
Sections 10.100, 10.101, A8.405, A8.409 through A8.409-6, and A8.590-1
through A8.590-7, amending Sections A8.343, A8.403, A8.404 and 11.100,
and adding Sections 10.106, 11.100(a), 11.102, 11.103 and 11.104,
concerning compensation of elected officials, collective bargaining
and civil service reform. Sponsors Supervisors Shelley, Bierman.
File 252-96-1
Supervisor Ammiano, seconded by Supervisor Bierman, moved to
continue consideration to July 22, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
From Rules Committee Without Recommendation
Consideration Continued
[Charter, At-large Election, Preference Voting]
Charter amendment (Third Draft) amending Sections 2.100 and 2.116
governing the composition of the Board of Supervisors and the
selection of the President of the Board and adding Sections 13.110 and
13.111 to provide for the at-large election of 11 supervisors, using
preference voting and setting effective date of January 1, 2000.
Sponsor Supervisor Ammiano.
File 250-96-1
Supervisor Ammiano, seconded by Supervisor Bierman, moved to
continue consideration to July 22, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
[Charter, District Election, Preference Voting]
Charter amendment (Third Draft) amending Sections 2.100, 2.116, 13.101,
13.102, 14.103 and adds Section 13.110 governing the composition of
the Board of Supervisors and the selection of the President of the
Board; governing terms of elective office, municipal runoff elections
and recall of elective officers; to provide for the election of 11
supervisors from 11 districts and setting effective date of January 1,
2000. Sponsor Supervisor Ammiano.
File 251-96-1
Supervisor Ammiano, seconded by Supervisor Bierman, moved to
continue consideration to July 22, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Teng, Yaki - 9.
Absent: Supervisors Leal, Shelley - 2.
Conference with City Attorney - Litigation
From the President
Adopted
[Closed Session]
Motion that the Board of Supervisors convene in closed session with the
City Attorney for the purpose of reviewing the City's position on
whether the City should initiate litigation against Viacom and/or TCI
related to telecommunications franchise issues, as permitted by
Government Code Section 54956.9(c).
Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
Recess
The Board recessed at the hour of 3:17 p.m. to convene in closed
session.
Reconvening of the Board
The Board at the hour of 4:19 p.m., reconvened.
Calling the Roll
The following Supervisors were noted present:
Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Shelley, Teng, Yaki - 10.
Noted absent:
Supervisor Leal - 1.
Quorum present.
Report on Closed Session
Deputy City Attorney Ted Lakey reported that the Board had met in
closed session with the City Attorney for the purpose of reviewing the
City's position on whether the City should initiate litigation against
Viacom and/or TCI related to telecommunications franchise issues, as
permitted by Government Code Section 54956.9(c).
The meeting was informational only and no action was taken.
Adopted
Motion that the Board of Supervisors finds that it is in the best
interest of the public and elects not to disclose its closed session
deliberations in concerning potential litigation.
Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
PUBLIC COMMENT
The privilege of the floor was granted to the following persons:
Ernestine Weiss, underground garage, Golden Gateway Center;
Eula Walters, Ferry Park;
Leboriae P. Smoore, police brutality, constitution of the poor.
There being no one else wishing to speak, the President declared the
public comment portion of the meeting closed.
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures are introduced for adoption without committee reference.
A unanimous vote is required for adoption today. Any Supervisor may
require any of these measures to go to committee.
Adopted
[Leaves of Absence]
Resolution granting leaves of absence to various city and county
officers with permission to leave the state. (Clerk of the Board)
File 1-96-28, Resolution No. 659-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
(Mike Hennessey, Sheriff, June 28-July 12, 1996.)
Adopted.
[Commend Japanese Cultural/Community Center]
Resolution commending the Japanese Cultural and Community Center of
Northern California on the 10th Anniversary of the Opening of the
Community Center and declaring July 21, 1996 at "JCCNC Day".
Sponsors Supervisors Teng, Yaki, Bierman, Shelley, Alioto, Kaufman, Katz,
Brown.
File 6-96-104, Resolution No. 637-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Katz, Brown
requested to be added as co-sponsors.
[Pedestrian Preferred Crossing]
Resolution urging the Parking and Traffic Commission and the Director
of Parking and Traffic to consider the feasibility of installing
pedestrian preferred crossing signals at the intersection of Castro
and 18th Streets. Sponsors Supervisors Leal, Bierman, Alioto, Teng, Yaki,
Katz, Brown.
File 20-96-11, Resolution No. 638-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
In connection with the above item, Supervisors Teng, Yaki, Katz,
Brown requested to be added as co-sponsors.
[Healthy Cities]
Resolution supporting the San Francisco Healthy Cities Tenderloin
Family Health Care Project. Sponsors Supervisors Ammiano, Bierman, Alioto,
Kaufman, Teng, Yaki, Katz, Brown.
File 30-96-14, Resolution No. 642-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Teng, Yaki,
Katz, Brown requested to be added as co-sponsors.
[YWCA Chinatown Center]
Resolution urging the YWCA Board of Directors to grant a 60-day
extension to the Chinese community to solicit interest from community
based entities to utilize the 965 Clay Street YWCA building for the
community. Sponsors Supervisors Teng, Bierman, Ammiano, Katz, Alioto,
Shelley, Kaufman, Yaki, Brown.
File 258-96-1, Resolution No. 657-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Yaki, Brown
requested to be added as co-sponsors.
[Western Addition YWCA Building]
Resolution recognizing the historical significance and the
contributions of the Japanese community to the Western Addition YWCA
building and urging the YWCA Board of Directors to negotiate a sale of
the building with a community-based entity to serve the needs of the
Japantown and Western Addition communities. Sponsors Supervisors Teng, Yaki,
Brown, Bierman, Ammiano, Katz, Alioto, Shelley, Kaufman.
File 258-96-2, Resolution No. 658-96
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
In connection with the above item, Supervisor Kaufman requested to
be added as co-sponsor.
[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 30-96-1.13
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.)
Adopted.
[Final Map, 74 Brady Street]
Motion approving final map of 74 Brady Street, a Live/Work Condominium
Project, being a merger and resubdivision of Lots 14-16 in Assessor's
Block No. 3504, and adopting findings pursuant to City Planning Code
Section 101.1. (Department of Public Works)
File 58-96-21
(July 8, 1996 - Introduced in Board for consideration on July 15,
1996.
Adopted.
[Final Map, 241 and 245 5th Street/375-393 Tehama Street]
Motion approving final map of 241 and 245 5th Street/375-393 Tehama
Street, a Mixed-Use Condominium Project, being a resubdivision of Lot
58 in Assessor's Block 3733, and adopting findings pursuant to City
Planning Code Section 101.1. (Department of Public Works)
File 58-96-22
(July 8, 1996 - Introduced in Board for consideration on July 15,
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, Shelley, Teng, Yaki - 10.
Absent: Supervisor Leal - 1.
OFF-CALENDAR LEGISLATION
ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE
Referred to Committee
[City Contracts Domestic Partner Benefits]
Substitute ordinance amending Administrative Code by amending Sections
12B.1, 12B.2, 12C.1 and 12C.2 to require any party contracting with
the City to provide the same benefits to domestic partners that it
provides to spouses and to define domestic partner and benefits.
Supervisors Ammiano, Bierman, Alioto, Katz presented. Referred to
Government Efficiency/Labor Committee.
File 097-96-033.
[Former Charter Provisions]
Ordinance amending Administrative Code by adding Sections 2.6-4, 2.6-5,
2A.70, 2.6-6, 2A.51, 2A.75, 2A.76, 2A.77, 2A.78, 2A.79, 2A.80, 2A.81,
2A.90, 2A.91, 2A.92, 2A.93, 2A.94, 2A.95 and 2A.96, codify Sections
2.203, 2.203-3, 3.402, 3.502, 3.529, 3.531, 3.535, 3.537, 3.538,
3.539, 3.540, 3.541, 3.542, 3.543, 3.544, 3.545 and 3.546 of the 1932
Charter, respectively, and make necessary changes to conform to the
1996 Charter; adding Section 2A.76 relating to the creation of new
ranks in the Police Department; and repealing former Charter Section
3.301, relating to the powers of the Controller;
former Charter Section 3.523 relating to consultants to the Planning
Commission and former Charter Section 3.547 relating to removal of
structures during a conflagration. Supervisor Kaufman presented.
Referred to Select Committee on Charter Implementation with request it
be considered on July 23, 1996.
File 097-96-042.
[Affinity Credit Card Program]
Ordinance authorizing the City Administrator to negotiate directly with
the San Francisco Convention and Visitors Bureau, without competitive
bidding, for the development and operation of the San Francisco
Affinity Credit Card Program and implementation thereunder, including
the selection by the San Francisco Convention and Visitors Bureau of
private companies providing services in connection therewith.
Supervisor Bierman presented. Referred to Government Efficiency/Labor
Committee.
File 186-96-004.
Referred to Board
[Commend Filipino American Arts Exposition]
Resolution commending the Third Annual Filipino American Arts
Exposition and declaring August 24th as "Filipino American Arts
Exposition Day". Supervisors Teng, Alioto, Shelley presented.
Referred to Board for Adoption Without Committee Reference Calendar
July 22, 1996.
File 006-96-105.
[Commend Rex Wong/Margaret Kong]
Resolution congratulating Rex Wong and Margaret Kong on the honorous
occasion of their wedding ceremony. Supervisors Ammiano, Alioto
presented. Referred to Board for Adoption Without Committee Reference
Calendar July 22, 1996.
File 006-96-106.
[Commend Chang-Lin Tien]
Resolution commending Dr. Chang-Lin Tien, Chancellor of the University
of California at Berkeley, on his outstanding leadership and service
and wishing him well in his future endeavors. Supervisors Hsieh,
Teng, Yaki, Ammiano, Alioto, Brown, Katz, Kaufman, Shelley presented.
Referred to Board for Adoption Without Committee Reference Calendar
July 22, 1996.
File 006-96-107.
[Opposing Senate Bill 1695]
Resolution opposing Senate Bill 1695, Family Day Care Bill. Called
from Government Efficiency/Labor Committee by Supervisor Teng, with
direction to schedule for Board meeting of July 22, 1996.
File 012-96-025.
[Gift Acceptance]
Resolution authorizing the Director of Public Health to accept on
behalf of the City a generous gift of services from the San Francisco
Foundation to make the logistical arrangements for the City's Health
Summit. Supervisors Bierman, Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar July 22, 1996.
File 038-96-012.
[Health Maintenance Organizations]
Resolution urging health maintenance organizations who enroll members
in the City and County of San Francisco to recognize and reimburse
health care providers for the higher costs associated with the
treatment of HIV disease and AIDS. Supervisors Ammiano, Alioto
presented. Referred to Board for Adoption Without Committee Reference
Calendar July 22, 1996.
File 078-96-003.
Referred to Committee
[Barbary Coast Trail]
Resolution designating 3.8 miles of public rights of way between the
old Mint at Fifth and Mission Streets and Aquatic Park as eligible for
installation of commemorative plaques, pursuant to Public Works Code
Section 789.2(a), in order to identify points of interest along the
historic trail to be known as the Barbary Coast Trail. Supervisors
Kaufman, Alioto presented. Referred to Housing and Land Use Committee.
File 200-96-007.
Requests for Hearings:
[Bus Shelter]
Hearing to consider feasibility of installing a bus shelter at 225 30th
Street. Supervisor Ammiano presented. Referred to Housing and Land
Use Committee.
File 007-96-003.
[Diesel Bus Idling]
Hearing to consider the practice by Municipal Railway of allowing
diesel buses to idle for up to four hours and the impact it has on the
environment. Supervisor Alioto presented. Referred to Health/Public
Safety/Environment Committee.
File 007-96-004.
[Federal Immigration Legislation]
Hearing to consider status of federal legislation regarding
requirements for local governments to verify and report immigration
status and restriction of immigrants' access to government programs,
including social services, health services and education and assessing
the City and County's response to and implementation of any such new
provisions. Supervisor Teng presented. Referred to Economic
Vitality/Social Policy Committee.
File 013-96-030.
[Crane Safety]
Hearing to consider crane safety in the City and County of San
Francisco. Supervisor Katz presented. Referred to Housing and Land
Use Committee.
File 114-96-002.
[Municipal Railway Management Audit]
Hearing to consider the July 1996 management audit of the Municipal
Railway. Supervisors Hsieh, Alioto presented. Referred to Budget
Committee.
File 165-96-004.
[Labor Issues]
Hearing to consider employment discrimination at NORCAL. Supervisor
Ammiano presented. Referred to Government Efficiency/Labor Committee.
File 176-96-004.
[Traffic Light, 30th and Dolores Streets]
Hearing to consider the feasibility of installing a traffic light at
30th and Dolores Streets. Supervisor Ammiano presented. Referred to
Housing and Land Use Committee.
File 190-96-004.
[Bufano Statue]
Hearing to consider urging the Arts Commission to find a more suitable
placement for the Bufano statue, "Peace; Mother of All Nations" being
relocated from the San Francisco International Airport. Supervisors
Ammiano, Bierman, Alioto presented. Referred to Government
Efficiency/Labor Committee.
File 197-96-003.
[Bayview Opera House]
Hearing to consider problems performing artists have had in gaining
access to the Bayview Opera House and Ruth Williams Memorial Theater.
Supervisor Alioto presented. Referred to Government Efficiency/Labor
Committee.
File 197-96-004.
[Mansions Hotel]
Hearing to consider the closure of the Mansions Hotel. Supervisors
Alioto, Kaufman presented. Referred to Health/Public
Safety/Environment Committee.
File 259-96-001.
Introduced by the President at the Request of Departments
Ordinances Referred to Committee
File 027-96-009. [Airport Lease Modification, FAA] Ordinance approving
modification of lease number DFTA08-95-L-14707 between Federal
Aviation Administration and City and County of San Francisco, acting
by and through its Airports Commission. (Also see File 27-96-1).
(Airports Commission) Referred to Government Efficiency/Labor
Committee.
File 034-96-007. [Changing Width of Sidewalk] Ordinance amending
Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by
adding thereto Section No. 1527 changing the official sidewalk widths
on Church Street between 24th and Jersey Street, on Church Street
between 24th Street and Elizabeth Street, on 24th at Church Street, on
Church Street between 29th Street and Day Street, on Day Street at
Church Street, on Church Street between Day Street and 30th Street, on
Taraval Street and 22nd Avenue, on 22nd Avenue between Santiago Street
and Taraval Street, on Ocean Avenue and Ashton Avenue, and on San Jose
Avenue north of Seneca Avenue, collectively known as MUNI Keystop
Phase "C", and a shown on the Department of Public Works drawings
labeled Q-20-446, Q-20-447, Q-20-449 through Q-20-456, inclusive and
making findings pursuant to Planning Code Section 101.1. (Department
of Public Works) Referred to Housing and Land Use Committee.
File 097-96-040. [Department of Human Services Membership] Ordinance
amending Administrative Code Section 16.6-11 relating to Department of
((Social Services)) to Human Services membership in the Child Welfare
League of America. (Department of Human Services) Referred to Budget
Committee.
Resolutions Referred to Committee
File 010-96-005. [Encroachment Permit, Brotherhood Way] Resolution
granting revocable permission to the San Francisco Art Commission to
relocate a sculpture by Benjamin Bufano entitled "Peace" from its
current location at San Francisco International Airport to a site
within the landscaped street right-of-way on the northerly side of
Brotherhood Way and adopting findings pursuant to City Planning Code
Section 101.1. (Department of Public Works) Referred to Housing and
Land Use Committee.
File 030-95-011.02. [Patient Rates] Resolution fixing patient rates
for services furnished by City and County health care institutions;
authorizing retroactively the effective date of July 1, 1996; and
rescinding Resolution No. 620-95. (Department of Public Health)
Referred to Budget Committee.
File 038-96-011. [Gift Acceptance, DPH-Laguna Honda Hospital]
Resolution authorizing the Department of Public Health, Laguna Honda
Hospital, to accept and expend a gift of cash and shares of stock in
the value of up to $80,565.35 bequeathed to Laguna Honda Hospital
through the Last Will and Testament of Ermeth M. Dirovizza, to be
expended for "the specific use of patients' activities on holidays".
(Department of Public Health) Referred to Government Efficiency/Labor
Committee
File 040-96-017. [Residential Parking Area "S", Duboce Triangle]
Resolution extending the boundaries of Residential Permit Parking Area
"S" in the Duboce Triangle Area and adding to the list of streets upon
which time limitations shall apply. (Department of Parking and
Traffic) Referred to Housing and Land Use Committee.
File 040-96-018. [Residential Parking Area "U", South of Market]
Resolution amending the boundaries of Residential Permit Parking Area
"U" in the South of Market Area. (Department of Parking and Traffic)
Referred to Housing and Land Use Committee.
File 040-96-019. [Residential Parking Area "J", Sunset/Parnassus]
Resolution extending the boundaries of Residential Permit Parking Area
"J" in the Sunset/Parnassus Heights Area and adding to the list of
streets upon which time limitations shall apply. (Department of
Parking and Traffic) Referred to Housing and Land Use Committee.
File 048-96-021. [Settlement of Claim, Alex Konstantinoff] Resolution
approving the settlement of the unlitigated claim of Alex
Konstantinoff by payment of $13,500. (City Attorney) Referred to
Government Efficiency/Labor Committee.
File 172-96-023. [Medical Services Contract] Resolution authorizing
the Director of Public Health to execute an agreement, including
indemnification, with the regents of the University of California, for
the provision of medical services to Medi-Cal beneficiaries by
Community Public Health Services clinic physicians. (Department of
Public Health) Referred to Government Efficiency/Labor Committee.
File 188-96-001.01. [Water Dept. Bernal Heights Statute of
Limitations] Resolution authorizing City Attorney to negotiate and
enter into agreement with Alameda County and the City of Pleasanton to
extend the statute of limitations for lawsuit, if any, related to land
use entitlements for the San Francisco Water Department's Bernal
property. (Public Utilities 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 ordinance indicating
that money obtained from the sale of Public Utilities Commission land
parcels will be used to buy watershed property if the parcels are sold
to another public entity or for public use.
Motions Adopted
Motion that the Board adjourns its meeting this date out of respect to
the memory of the following deceased:
Mary Jane Conner Sponsor Supervisor Bierman.
Melvin Belli (By the entire Board)
Herman Koenig Sponsor Supervisor Katz.
File 2-96-29
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at the hour of 5:09 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
Approved by the Board of Supervisors on August 12, 1996.
I, John L. Taylor, Clerk of the Board of Supervisors of the City and
County of San Francisco, hereby certify that the foregoing is a true
and correct copy of the Journal of Proceedings of the Board meeting of
the date stated and that it was approved as recited.
John L. Taylor
Clerk of the Board of Supervisors