JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Monday, July 22, 1996 - 2:00 p.m.
The Board of Supervisors of the City and County of San Francisco met in regular session on the above
date with President Kevin Shelley presiding.
CALLING THE ROLL
The meeting was called to order at 2:22 p.m. On call of the roll, the following Supervisors were
noted present:
Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10.
Noted absent at first roll call:
Supervisor Katz - 1.
Quorum present.
Supervisor Katz was noted present at 2:24 p.m.
APPROVAL OF JOURNAL
There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Kaufman,
moved that the Journal of Proceedings for Monday, June 10, 1996, be approved.
Motion carried by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng,
Yaki - 11.
Suspension of the Rules
Presentation Made
Supervisor Alioto, seconded by Supervisor Yaki, moved to suspend the rules for the purpose of
presenting a Certificate of Honor.
No objection and motion carried.
Supervisor Alioto introduced, welcomed and presented a Certificate of Honor to Ben Carlson for his
participation in the International AIDS Candlelight Memorial.
CONSENT CALENDAR
Recommendations of Budget Committee
Finally Passed
[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. (Mayor)
File 101-96-2, Ordinance No. 297-96
(Fiscal Impact.)
Finally passed.
[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. 298-96
Finally passed.
[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. 304-96
(Adds Sections 6.63-1, 6.63-2 and Amends Chapter 23 to refer to
these new sections.)
Finally passed.
[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. 305-96
(Fiscal Impact.)
(Amends Section 31.46A.)
(Exemption from environmental review per Public Resources Code Sec.
21080(b)(8).)
Finally passed.
[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. 308-96
(Fiscal Impact.)
(Amends Sections 350 et seq.)
(City Planning Commission Resolution No. 14114.)
Finally passed.
[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. 307-96
(Adds Section 8.34-1.)
Finally passed.
[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. 309-96
(Amends Section 213.)
Finally passed.
Recommendations of Government Efficiency and Labor Committee
Finally Passed
[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. 299-96
(Superior Court No. 881-639.)
Finally passed.
[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. 300-96
(U.S. District Court Case No. C-95-04506 WHO.)
Finally passed.
[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. 301-96
Finally passed.
[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. 302-96
(U.S. District Court Case No. C95-4150 MHP.)
Finally passed.
[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. 303-96
Finally passed.
[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. 306-96
(Repeals Article XXI, Sections 10.240 through 10.247.)
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, Shelley, Teng, Yaki - 11.
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendation of Budget Committee
Finally Passed
[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. 296-96
Finally passed by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Shelley, Teng, Yaki - 11.
Appointment of President Pro Tempore
At the request of the President, Supervisors Yaki and Kaufman
assumed the Chair at different times during the meeting.
Recess
The Board, at the hour of 5:20 p.m. took a brief recess.
Reconvening of the Board
The Board, at the hour of 6:07 p.m. reconvened.
Calling the Roll
On call of the roll the following Supervisors were noted presented:
Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal,
Shelley, Teng - 9.
Noted absent:
Supervisors Bierman, Yaki - 2.
Supervisor Bierman was noted present at 6:10 p.m.
Recommendation of Rules Committee
Consideration Continued as Amended
[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.
Charter amendment (Fifth Draft) amending the charter concerning
collective bargaining relating to retirement and health benefits;
abolishing and creating the Civil Service and Employee Relations
Commission; and making managerial employees at-will, exempt positions
with exceptions (deletes Section 10.100; amends Sections A8.343,
A8.403, A8.404, A8.409-1, A8.409-3, A8.409-4, A8.409-5, A8.590-4,
A8.590-5, A8.590-6, A8.590-7, 11.100; adds Sections 11.103, 11.104).
File 252-96-1
(July 15, 1996 - Consideration continued to July 22, 1996.)
Supervisor Shelley, seconded by Supervisor Teng, moved an Amendment
of the Whole entitled, "Charter amendment (Fifth Draft) amending the
charter concerning collective bargaining relating to retirement and
health benefits; abolishing and creating the Civil Service and
Employee Relations Commission; and making managerial employees
at-will, exempt positions with exceptions (deletes Section 10.100;
amends Sections A8.343, A8.403, A8.404, A8.409-1, A8.409-3, A8.409-4,
A8.409-5, A8.590-4, A8.590-5, A8.590-6, A8.590-7, 11.100; adds
Sections 11.103, 11.104)."
Amendment of the Whole adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Shelley, Teng - 10.
Absent: Supervisor Yaki - 1.
Supervisor Kaufman, seconded by Supervisor Ammiano, moved to
continue consideration as amended to Committee of the Whole July 29,
1996, at 3:00 p.m.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Shelley, Teng - 10.
Absent: Supervisor Yaki - 1.
Request Granted
Supervisor Leal requested City Attorney to provide analysis on the
Fifth Draft.
Clerk directed to notify Director of Health Service System and
Executive Director, Retirement System, of request that they appear
July 29, 1996 to comment on the proposed charter amendment which would
allow different employee groups to pull out of the City's Health
Service System and Retirement System's plans and create their own
programs.
From Rules Committee Without Recommendation
Ordered Submitted
[Charter, District Election]
Charter amendment (Third Draft) amending Sections 2.100, 2.116, 13.101,
13.102, 14.103 and adds Section 13.110 governing composition of the
Board of Supervisors and 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
(July 15, 1996 - Consideration continued to July 22, 1996.)
Third Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Katz, Shelley,
Yaki - 7.
Noes: Supervisors Brown, Kaufman, Leal, Teng - 4.
[Charter, At-large Election, Preference Voting]
Charter amendment (Third Draft) amending Sections 2.100 and 2.116
governing composition of the Board of Supervisors and selection of the
President of the Board and adding Sections 13.110 and 13.111 to
provide for at-large election of 11 supervisors, using preference
voting and setting effective date of January 1, 2000. Sponsor Supervisor
Ammiano.
File 250-96-1
(July 15, 1996 - Consideration continued to July 22, 1996.)
Third Draft ordered submitted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman,
Leal, Shelley, Teng, Yaki - 10.
Noes: Supervisor Bierman - 1.
NEW BUSINESS
Recommendations of Budget Committee
Passed for Second Reading
[Appropriation, Department of Public Works]
Ordinance appropriating $57,902,290, Department of Public Works, of
1996A City Hall Improvement Bond Fund proceeds for design and
construction of non-seismic improvements at City Hall, for fiscal year
1995-96, placing a reserve of $43,524,203. (Controller)
File 101-95-71, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Memberships - Board of Supervisors]
Ordinance amending Administrative Code, to add to the list of
organizations in which the Board of Supervisors provides
representation for the City and County, the Urban Counties Caucus.
File 97-96-31, Ordinance No.
(Amends Section 16.6-1.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Shelley, Yaki - 10.
Absent: Supervisor Teng - 1.
Adopted
[Transfer to General Fund]
Resolution concurring with the Public Utilities Commission's fact
finding that a fund surplus of $30,165,393 exists in the utilities
which can be transferred to the General Fund. (Public Utilities
Commission)
File 100-96-5, Resolution No. 671-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Yaki - 9.
Absent: Supervisors Shelley, Teng - 2.
Recommendations of Rules Committee
Adopted
[Appointments, Advisory Council to Commission on the Aging]
Resolution appointing members to the Advisory Council to the Commission
on the Aging, terms expired, for new two-year terms ending March 31,
1997. (Rules Committee)
File 92-95-41.2, Resolution No. 660-96
(Wende Chan, vice Gerrie Pearlin, Seat No. 20309;
Arthur Hurwith, vice himself, Seat No. 20311.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointments, City-Wide Alcoholism Advisory Board]
Resolution appointing members to the City-Wide Alcoholism Advisory
Board, for unexpired portion of three-year term ending July 1, 1998;
making findings waiving residency requirement. (Rules Committee)
File 92-96-19, Resolution No. 667-96
(Carlos Martinez, vice Linda Hills, Seat No. 20615, professional,
research or personal interest in alcoholism, resigned;
Leon Winston, vice Otis Turner, Seat No. 20606, professional,
research or personal interest in alcoholism, resigned.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointments, City-Wide Alcoholism Advisory Board]
Resolution appointing members to the City-Wide Alcoholism Advisory
Board, terms expired, for new three-year terms ending July 1, 1999.
(Rules Committee)
File 92-96-22, Resolution No. 668-96
(Donovan Barks, vice Philip Zamora, Seat No. 20601, professional,
research, or personal interest in alcoholism;
Heather Bostian, vice herself, Seat No. 20602, professional,
research or personal interest in alcoholism.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointment, San Francisco Environment Commission]
Resolution appointing member to the San Francisco Environment
Commission, for three-year term ending May 12, 1998. (Rules Committee)
File 92-96-38.2, Resolution No. 669-96
(Ximena Delgado, vice Loren Rosemond, Seat No. 26501, term expired.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointment, Lead Hazard, Citizens Advisory Committee]
Resolution appointing member to the Lead Hazard Reduction Citizens
Advisory Commission, for four-year term ending December 22, 1999;
making findings waiving residency requirement. (Rules Committee)
File 92-96-39.1, Resolution No. 670-96
(Catherine Drayton, vice Marc Delaney, Seat No. 26706, Mayor's
Office of Housing, term expired.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointment, Planning Commission]
Motion approving Mayor's appointment of Dennis Antenore to serve as
member of the San Francisco Planning Commission. (Rules Committee)
File 33-96-6
(July 5, 1996 - Transmitted by the Mayor. May be rejected by
two-thirds vote within 30 days.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointment, Public Utilities Commission]
Motion approving Mayor's appointment of Frank Cook to serve as member
of the San Francisco Public Utilities Commission. (Rules Committee)
File 33-96-7
(July 5, 1996 - Transmitted by the Mayor. May be rejected by
two-thirds vote within 30 days.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Appointment, Director of Human Resources]
Motion approving Mayor's appointment of Andrea Gourdine to serve as
Director of the San Francisco Department of Human Resources. (Rules
Committee)
File 33-96-8
(July 5, 1996 - Transmitted by the Mayor. May be rejected by
two-thirds vote within 30 days.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
[Executive Branch Reorganization]
Motion approving Mayor's Plan, dated July 1, 1996, as amended July 15,
1996, to reorganize departments within the Executive Branch. (Clerk
of the Board)
File 88-96-1
(July 2, 1996 - Notice received from Mayor. Pursuant to Charter
Section 4.132, such reorganization shall become effective 30 days
after its issuance unless disapproved by the Board of Supervisors
during that time.)
(Telecommunications and Information Services; Administrative
Services; Business and Economic Development; Clean Water Programs.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Teng, Yaki - 10.
Absent: Supervisor Shelley - 1.
Recommendation of Select Committee on Base Closures
Adopted
[Treasure Island Reuse Plan]
Resolution authorizing and endorsing the submittal to the Federal
Government a proposed draft reuse plan for the conversion of Naval
Station Treasure Island, including a proposed conveyance plan and
homeless assistance submission, as the preferred alternative for the
purposes of initiating environmental analysis and meeting the
requirements of federal base closure laws. (Mayor Brown, Supervisor
Shelley)
File 244-96-7, Resolution No. 672-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz,
Kaufman, Leal, Shelley, Teng, Yaki - 11.
In connection with the above item, Supervisor Shelley requested to
be added as co-sponsor.
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). Sponsors Supervisors Leal, Katz.
Supervisor Leal, seconded by Supervisor Katz, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman,
Leal, Teng, Yaki - 9.
Absent: Supervisors Bierman, Shelley - 2.
Recess
The Board recessed at the hour of 3:45 p.m. to convene in closed
session.
Calling the Roll
The following Supervisors were noted present:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Noted absent:
Supervisors Alioto, Shelley, Yaki - 3.
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.
Supervisor Kaufman, seconded by Supervisor Alioto, moved adoption.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman,
Leal, Teng, Yaki - 9.
Absent: Supervisors Bierman, Shelley - 2.
PUBLIC COMMENT
The privilege of the floor was granted to the following persons:
Ernestine Weiss, port garage, collective bargaining;
Leonard Brackett, housing;
Alexandra Apley, Innovative Housing;
Sara Murphy, Innovative Housing;
David Miles, Friday Night Skate;
Ian John Carisi, Friday Night Skate;
Male speaker, HUD ombudsman;
Paul Pillitteri, Friday Night Skate;
Howard Cohen, Friday Night Skate;
Leboriae P. Smoore, police brutality, constitution for the poor;
Art Howard, Friday Night Skate;
Chris Duderstadt, Friday Night Skate;
Male speaker, oppose Friday Night Skate;
Wendy, police harassment;
Zane Blaney, video cameras operating in Room 404;
Louise Vaughn, Innovative Housing, public housing;
Constance Kuruppu, Innovative Housing;
Al Rose;
Female speaker, Friday Night Skate.
There being no one else wishing to speak, the President declared the
public comment portion of the meeting closed.
Called from Government Efficiency/Labor Committee
by Supervisor Teng
Adopted as Amended
[Opposing Senate Bill 1695]
((Resolution opposing Senate Bill 1695, Family Day Care Bill.))
Sponsors Supervisors Teng, Bierman, Ammiano, Alioto, Leal.
Resolution opposing Senate Bill 1695, Family Day Care Bill, to be voted
upon August 8, 1996 at the California Assembly.
File 12-96-25, Resolution No. 664-96
Supervisor Teng, seconded by Supervisor Ammiano, moved to amend
title, and page two, line 18, by deleting "which will be heard before
the Senate Health and Human Services committee on May 8, 1996" and
insert "to be voted upon August 8, 1996 at the California Assembly".
Motion to amend adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
Adopted as amended by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
In connection with the above item, Supervisor Leal requested to be
added as co-sponsor.
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 Ammiano requested that the following measure be severed
from the For Adoption Without Committee Reference Calendar and
considered separately.
Adopted as Amended
[Commend Rex Wong/Margaret Kong]
Resolution congratulating Rex Wong and Margaret Kong on the honorous
occasion of their wedding ceremony and proclaiming July 25, 1996 as
"Walter and Dianne Wong Day". Sponsors Supervisors Ammiano, Alioto, Bierman,
Kaufman, Hsieh, Katz, Brown, Teng, Yaki, Leal.
File 6-96-106, Resolution No. 661-96
(July 15, 1996 - Introduced in Board for consideration on July 22,
1996.)
Supervisor Teng, seconded by Supervisor Leal, moved an Amendment of
the Whole, entitled: "Resolution congratulating Rex Wong and Margaret
Kong on the honorous occasion of their wedding ceremony and
proclaiming July 28, 1996 as Walter and Dianna Wong Day."
Amendment of the Whole adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
Adopted as amended by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
In connection with the above item, Supervisors Kaufman, Hsieh, Katz,
Brown, Teng, Yaki, Leal 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 Filipino American Arts Exposition]
Resolution commending the Third Annual Filipino American Arts
Exposition and declaring August 24th as "Filipino American Arts
Exposition Day". Sponsors Supervisors Teng, Alioto, Shelley, Bierman, Katz,
Kaufman, Leal, Yaki.
File 6-96-105, Resolution No. 673-96
(July 15, 1996 - Introduced in Board for consideration on July 22,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Leal, Yaki
requested to be added as co-sponsors.
[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. Sponsors Supervisors Hsieh,
Teng, Yaki, Ammiano, Alioto, Brown, Katz, Kaufman, Shelley, Bierman,
Leal.
File 6-96-107, Resolution No. 662-96
(July 15, 1996 - Introduced in Board for consideration on July 22,
1996.)
Adopted.
In connection with the above item, Supervisor Leal requested to be
added as co-sponsor.
[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. Sponsors Supervisors Bierman, Alioto.
File 38-96-12, Resolution No. 665-96
(July 15, 1996 - Introduced in Board for consideration on July 22,
1996.)
Adopted.
[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. Sponsors Supervisors Ammiano, Alioto,
Bierman, Katz, Kaufman, Leal, Yaki.
File 78-96-3, Resolution No. 666-96
(July 15, 1996 - Introduced in Board for consideration on July 22,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Leal, Yaki
requested to be added as co-sponsors.
The foregoing items on the For Adoption Without Committee Reference
Calendar were adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
IMPERATIVE CALENDAR
Resolution(s), if any, to be adopted within limits imposed by the
Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not
on the printed agenda. For such resolutions to be considered, the
Board must first adopt the following two motions.
Adopted
[Purely Commendatory Finding]
Motion that the Board finds by roll call vote that the resolutions
being considered at this time are purely commendatory.
Supervisor Leal, seconded by Supervisor Bierman, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
[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 Leal, seconded by Supervisor Bierman, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
[Imperative Resolutions]
Adopted
[Commend Ben Carlson]
Resolution commending Ben Carlson for his outstanding contributions in
the fight against the AIDS pandemic; and declaring Monday, July 22,
1996 as Ben Carlson Day in San Francisco.
File 006-96-108, Resolution No. 663-96
Supervisors Alioto, Ammiano, Teng, Kaufman, Leal, Bierman, Katz,
Hsieh, Yaki, Brown, Shelley presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman,
Leal, Teng - 8.
Absent: Supervisors Alioto, Shelley, Yaki - 3.
OFF-CALENDAR LEGISLATION
ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE
Referred to Committee
[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 campaign consultants from lobbying
current and former clients who are local officeholders; and establish
a voluntarily code of conduct for campaign consultants. Supervisor
Ammiano presented. Referred to Government Efficiency/Labor Committee.
File 097-96-044.
Referred to Board
[Commend Community Board Program]
Resolution recognizing the contributions of the Community Board Program
and commending the Program on achieving its 20th year of continuous
service to the people of the City and County of San Francisco.
Supervisors Leal, Shelley presented. Referred to Board for Adoption
Without Committee Reference Calendar July 29, 1996.
File 006-96-109.
[Commend Chinese Christian Union]
Resolution commending the Chinese Christian Union on their 80th
Anniversary and declaring September 15, 1996 as "Chinese Christian
Union Day". Supervisors Teng, Hsieh presented. Referred to Board for
Adoption Without Committee Reference Calendar July 29, 1996.
File 006-96-110.
[Commend Greater Geary Merchants Association]
Resolution commending the Greater Geary Boulevard Merchants and
Property Owners Association, Inc. on the occasion of its 50th
Anniversary. Supervisor Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar July 29, 1996.
File 006-96-111.
[Commend Officer Samuel W. Watt]
Resolution commending Officer Samuel (Sam) W. Watt for his thirty-one
years of public service. Supervisor Shelley presented. Referred to
Board for Adoption Without Committee Reference Calendar July 29, 1996.
File 006-96-112.
[Homeowners Earthquake Insurance]
Resolution urging the California State Legislature, the Insurance
Commission, and the Governor to establish a California Earthquake
Authority to operate on behalf of all residents of California; to
offer equitable earthquake coverage to homeowners in Northern
California and to offer an equitable rating structure for earthquake
insurance. Supervisors Teng, Bierman presented. Referred to Board
for Adoption Without Committee Reference Calendar July 29, 1996.
File 012-96-039.
[Top Brackets Initiative, Proposition 217]
Resolution expressing the support of the San Francisco Board of
Supervisors for the passage of Proposition 217 (Top Brackets
Initiative). Supervisors Bierman, Ammiano presented. Referred to
Board for Adoption Without Committee Reference Calendar July 29, 1996.
File 060-96-007.
Referred to Committee
[Grant, Federal Funds]
Resolution authorizing the Mayor retroactively to apply for a grant for
lead-based paint hazard reduction program from the U.S. Department of
Housing and Urban Development for a total amount not to exceed six
million dollars ($6,000,000) for a program authorized under the
Department of Housing and Urban Development, and the Omnibus
Consolidated Rescissions and Appropriation Act of 1996, Public Law
Number 104-134; and including $60,000 of indirect costs associated
with the acceptance of these grant funds. Supervisor Shelley
presented. Referred to Government Efficiency/Labor Committee.
File 068-96-005.
Referred to Board
[Metropolitan Transportation Commission]
Resolution consenting to have Supervisor Tom Hsieh complete the
remainder of his term as the Board's representative to the
Metropolitan Transportation Commission. Supervisors Bierman, Kaufman,
Leal, Ammiano, Yaki, Katz, Teng, Brown presented. Referred to Board
for Adoption Without Committee Reference Calendar July 29, 1996.
File 092-96-040.
Referred to Committee
[Janitors, Local 87]
Resolution urging the San Francisco Building Owners and Managers
Association and the San Francisco Contractors Association to bargain
in good faith in order to resolve their dispute with the SEIU Local 87
janitors and to avert a citywide strike in San Francisco. Supervisors
Ammiano, Bierman, Yaki, Teng, Brown, Alioto, Leal, Katz, Shelley
presented. Referred to Government Efficiency/Labor Committee.
File 176-96-005.
[Community Board Program]
Resolution urging the Mayor and all City Department Heads to review all
city programs and to make all appropriate referrals to the Community
Board Program for the provision of low-cost, culturally sensitive
alternative dispute resolution services. Supervisor Leal presented.
Referred to Government Efficiency/Labor Committee.
File 260-96-001.
[Power Outage]
Resolution urging Pacific Gas and Electric to launch a thorough
investigation into the chronic power outages affecting the South of
Market neighborhood. Supervisors Ammiano, Alioto presented. Referred
to Health/Public Safety/Environment Committee.
File 262-96-001.
[General Plan Amendment]
Resolution urging the Planning Commission to amend the General Plan
(formerly, San Francisco Master Plan) Objective 18, Vehicle
Circulation, Policy 18.5 to discourage non-recreational and non-local
traffic in and around parks and along the shoreline recreation areas.
Supervisor Alioto presented. Referred to Health/Public
Safety/Environment Committee.
File 271-96-001.
Requests for Hearings:
[Medical Centers]
Hearing to consider the proposed merger of University of California San
Francisco and Stanford University's Medical Centers to discuss the
potential impacts on the environment, health care, employment and
other related issues on San Francisco's residents and its government.
Supervisors Bierman, Shelley presented. Referred to Housing and Land
Use Committee with request it be considered on September 5, 1996.
File 261-96-001.
[Public Safety]
Hearing to consider public safety issues in and around the Western
Addition area. Supervisor Brown presented. Referred to Health/Public
Safety/Environment Committee.
File 207-96-007.
Motions:
Referred to Board
[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the continued
need for the declaration of emergency in connection with the needle
exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng,
Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to
Board for Adoption Without Committee Reference Calendar July 29, 1996.
File 030-96-001.14.
[Off-site Committee Meeting]
Motion ordering the September 1996 meeting of the Economic Vitality and
Social Policy Committee to be held on September 10, 1996 at 5:30 p.m.,
at the Everett Middle School, 450 Church Street. Supervisors Teng,
Katz, Brown presented. Referred to Rules Committee.
File 054-96-006.
Introduced by the President at the Request of Departments
Ordinances Referred to Committee
File 045-96-040. [Jenice Cole v. CCSF, et al.] Ordinance authorizing
settlement of litigation of Jenice Cole against the City and County of
San Francisco by payment of $12,000. (Municipal Court No. 114-424).
(City Attorney) Referred to Government Efficiency/Labor Committee.
File 045-96-041. [Edward Everett-Ronning v. CCSF, et al.] Ordinance
authorizing settlement of litigation of Edward Everett-Ronning against
the City and County of San Francisco by payment of $30,000. (Superior
Court No. 965789). (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 045-96-042. [Tracy Bridgewater v. CCSF, et al.] Ordinance
authorizing settlement of litigation of Tracy Bridgewater against the
City and County of San Francisco by payment of $18,000. (Superior
Court No. 971-635). (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 045-96-043. [Gary Sargent v. CCSF, et al.] Ordinance authorizing
settlement of litigation of Gary Sargent against the City and County
of San Francisco by payment of $20,000. (U.S. District Court No.
C94-3551). (City Attorney) Referred to Government Efficiency/Labor
Committee.
Resolutions Referred to Committee
File 010-96-006. [Encroachment Permit, Hayes Street] Resolution
granting revocable permission to the San Francisco Opera Association
to temporarily close and occupy the northerly sidewalk and a portion
of the street area on Hayes Street, between Polk and Larkin Streets,
for the purpose of constructing a loading dock and for loading and
unloading operations for the Opera's Productions at Bill Graham Civic
Auditorium (Block 812, Lot 1). (Department of Public Works) Referred
to Housing and Land Use Committee.
File 027-96-010. [State Grant, CalTrain-SFO Shuttle Service]
Resolution authorizing the Airports Commission to seek, accept and
expend funds for a CalTrain-SFO Shuttle from the Bay Area Air Quality
Management District under AB 434 Funds, Clean Air Act Legislation, for
the 1997 service year; waiving indirect costs. (Airports Commission)
Referred to Government Efficiency/Labor Committee.
File 027-96-011. [Federal Grant - Airport] Resolution authorizing
Airports Commission to file application, and accept and expend grant
of $9,892,664 from Federal Aviation Administration for assistance in
improvements at the Airport (Airport Improvement Project No. 96-01).
(Airports Commission) Referred to Government Efficiency/Labor
Committee.
File 038-96-013. [Gift Acceptance, Police Department] Resolution
authorizing the Chief of Police to accept, on behalf of the San
Francisco Police Department, the gift of two TRAK (Technology to
Recover Abducted Kids) computer systems from Social Tech, Inc.
(Police Department) Referred to Government Efficiency/Labor Committee.
File 038-96-014. [Gift Acceptance, Recreation and Park] Resolution
accepting one gift valued at $7,045.33, for use by the Recreation and
Park Department. (Recreation and Park Department) Referred to
Government Efficiency/Labor Committee.
File 048-96-022. [Settlement of Claim, Michael James Kutsko]
Resolution approving the settlement of the unlitigated claim of
Michael James Kutsko by payment of $6,500.00. (City Attorney)
Referred to Government Efficiency/Labor Committee.
File 048-96-023. [Settlement of Claim, Carlos Moncaleano] Resolution
approving the settlement of the unlitigated claim of Carlos Moncaleano
by payment of $13,500. (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 064-96-015. [Lease of Property at Fox Plaza, 1390 Market St.]
Resolution authorizing lease at Fox Plaza, 1390 Market Street, for the
Department of Public Health. (Real Estate Department) Referred to
Government Efficiency/Labor Committee.
File 089-96-006. [SDI Coverage, Classification 9258] Resolution
authorizing enrollment of classification(s) 9258 Assistant Deputy
Director, Business and Finance in the State Disability Insurance
Program. (Department of Human Resources) Referred to Government
Efficiency/Labor Committee.
File 146-96-012. [State Grant, Oil Spill Prevention] Resolution
authorizing the Department of Public Health, Bureau of Environmental
Health Management, to apply for, accept and expend retroactively a
grant of $5,000, which includes indirect costs in the amount of $699,
based on twenty-two percent of salaries, from the California
Department of Fish & Game, Office of Oil Spill Prevention and
Response, for providing input into the San Francisco Bay/San Joaquin
Delta Area contingency plan for oil spills; providing for ratification
of action previously taken. (Department of Public Health) 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 Teng, that City Attorney draft ordinance which would give
businesses seeking to rent/lease or businesses which currently
rent/lease property from the Port of San Francisco, additional
incentives for selling items manufactured in San Francisco, such as
clothing, food products and other goods.
Motions Adopted
Motion that the Board adjourns its meeting this date out of respect to
the memory of the following deceased:
Raymond L. Hanson Sponsor Supervisor Hsieh.
Melissa Toben Sponsors Supervisors Katz, Leal.
George C. Scott Sponsor Supervisor Brown.
File 2-96-30
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at the hour of 6:32 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 August 19, 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