JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Tuesday, January 2, 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 2:10 p.m. On call of the roll,
the following Supervisors were noted present:
Supervisors Alioto, Ammiano, Bierman, Hallinan, Kaufman, Leal,
Migden, Shelley, Teng - 9.
Noted absent at first roll call:
Supervisors Hsieh, Kennedy - 2.
Quorum present.
Supervisor Hsieh excused. (See infra.)
Supervisor Kennedy was noted present at 3:24 p.m.
Supervisor Hsieh Excused
The Clerk stated Supervisor Hsieh requested to be excused from
attending today's meeting.
Supervisor Kaufman, seconded by Supervisor Bierman, moved to excuse
Supervisor Hsieh.
Motion to excuse Supervisor Hsieh from attendance adopted by the
following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hallinan, Kaufman,
Leal, Migden, Shelley, Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
APPROVAL OF JOURNALS
There being no errors, corrections or omissions, Supervisor Teng,
seconded by Supervisor Kaufman, moved that the Journal of Proceedings
for Monday, December 4, 1995, be approved.
Motion carried by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hallinan, Kaufman,
Leal, Migden, Shelley, Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Appointment of President Pro Tempore
At the request of the President, Supervisor Migden assumed the
Chair so the President could participate from the floor.
Farewell to Supervisor Terence Hallinan
On behalf of the entire Board of Supervisors, President Shelley
presented outgoing Supervisor Hallinan with a resolution commending him
for his service on the Board of Supervisors. (See infra.) His
colleagues recognized his distinguished contributions to the people of
the City and County of San Francisco and wished District Attorney-Elect
Hallinan success.
The President resumed the Chair.
CONSENT CALENDAR
Recommendations of Budget Committee
Passed for Second Reading
[Appropriation, Community Development]
Ordinance appropriating $172,620, Mayor's
Office of Community Development, of Dispute
Resolution Program Funds to continue contracts
for dispute resolution services in fiscal year
1995-96; providing for ratification of action
previously taken. (Controller)
File 101-95-31, Ordinance No.
Passed for second reading.
[Appropriation, Departments of Public Health
and Social Services]
Ordinance appropriating and rescinding
$643,091, Department of Public Health and
Department of Social Services, of General
Funds to salaries, fringe benefits,
professional services, materials and supplies
and adjusting revenues for the creation of two
(2) positions and the deletion of nine (9)
positions at the Department of Public Health,
and the creation of fourteen (14) positions
and the deletion of seven (7) positions at the
Department of Social Services to reorganize
the SSI One Stop Shop Program for fiscal year
1995-96. (Controller)
File 101-95-34, Ordinance No.
Passed for second reading.
[Salary Ordinance, Departments of Public Health
and Social Services]
Ordinance amending Ordinance No. 256-95 (Annual
Salary Ordinance, 1995/96) reflecting the
addition of two (2) positions and the deletion
of nine (9) positions at the Department of
Public Health, and the addition of fourteen
(14) positions and the deletion of seven (7)
positions at the Department of Social
Services; companion measure to File 101-95-34.
(Department of Human Resources)
File 102-95-8, Ordinance No.
Passed for second reading.
Recommendations of Government Efficiency and
Labor Committee
Passed for Second Reading
[State Compensation Insurance Fund v. CCSF]
Ordinance authorizing settlement of litigation
of State Compensation Insurance Fund against
the City and County by payment of $11,000.
(City Attorney)
File 45-95-53, Ordinance No.
(Municipal Court No. 103-104.)
Passed for second reading.
[Ford Construction Company, Inc. v. CCSF]
Ordinance authorizing settlement of litigation
of Ford Construction Company, Inc. against the
City and County by payment of $90,000. (City
Attorney)
File 45-95-55, Ordinance No.
(Superior Court No. 963-502.)
Passed for second reading.
Adopted
[Gift Acceptance, Makita USA, Inc.]
Resolution authorizing acceptance by the Fire
Department (SFFD) of gift of specialized tools
valued at $16,244 from the Makita USA, Inc.,
for the Fire Department's Urban Search and
Rescue Program. (Fire Department)
File 38-95-11, Resolution No. 8-96
Adopted.
[Settlement of Claim, Yvonne Paul]
Resolution approving the settlement of the
unlitigated claim of Yvonne Paul by payment of
$17,500. (City Attorney)
File 48-95-30, Resolution No. 12-96
Adopted.
[Unlitigated Claim, Evelyn Guttmann]
Resolution approving the settlement of the
unlitigated claim of Evelyn Guttmann by
payment of $8,500. Sponsor Supervisor Hallinan.
File 48-95-31, Resolution No. 13-96
Adopted.
[SDI Coverage, Classification 0222]
Resolution authorizing enrollment of
Classification(s) 0222 Court System
Coordinator in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-12, Resolution No.16-96
Adopted.
[SDI Coverage, Classification 0230]
Resolution authorizing enrollment of
Classification(s) 0230 Division Chief Clerk in
the State Disability Insurance Program.
(Department of Human Resources)
File 89-95-13, Resolution No. 17-96
Adopted.
[SDI Coverage, Classification 0244]
Resolution authorizing enrollment of
Classification(s) 0244 Court Traffic Senior
Application Programmer in the State Disability
Insurance Program. (Department of Human
Resources)
File 89-95-14, Resolution No. 18-96
Adopted.
[SDI Coverage, Classification 0248]
Resolution authorizing enrollment of
Classification(s) 0248 Court Systems Technical
Programmer in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-15, Resolution No. 19-96
Adopted.
[SDI Coverage, Classification 0260]
Resolution authorizing enrollment of
Classification(s) 0260 Small Claims Legal
Adviser in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-16, Resolution No. 20-96
Adopted.
[SDI Coverage, Classification 0270]
Resolution authorizing enrollment of
Classification(s) 0270 Assistant Division
Chief Clerk in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-17, Resolution No. 21-96
Adopted.
[SDI Coverage, Classification 0278]
Resolution authorizing enrollment of
Classification(s) 0278 Assistant Court Program
Analyst Manager in the State Disability
Insurance Program. (Department of Human
Resources)
File 89-95-18, Resolution No. 22-96
Adopted.
[SDI Coverage, Classification 0280]
Resolution authorizing enrollment of
Classification(s) 0280 Deputy Clerk in the
State Disability Insurance Program.
(Department of Human Resources)
File 89-95-19, Resolution No. 23-96
Adopted.
[SDI Coverage, Classification 0287]
Resolution authorizing enrollment of
Classification(s) 0287 Administrative
Secretary, in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-20, Resolution No. 24-96
Adopted.
[SDI Coverage, Classification 0290]
Resolution authorizing enrollment of
Classification(s) 0290 Deputy Clerk, in the
State Disability Insurance Program.
(Department of Human Resources)
File 89-95-21, Resolution No. 25-96
Adopted.
[SDI Coverage, Classification 0293]
Resolution authorizing enrollment of
Classification(s) 0293 Interpreter
Coordinator, in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-22, Resolution No. 26-96
Adopted.
[SDI Coverage, Classification 0320]
Resolution authorizing enrollment of
Classification(s) 0320 Deputy Clerk, in the
State Disability Insurance Program.
(Department of Human Resources)
File 89-95-23, Resolution No. 27-96
Adopted.
[SDI Coverage, Classification 0340]
Resolution authorizing enrollment of
Classification(s) 0340 Information Clerk,
Municipal Court, in the State Disability
Insurance Program. (Department of Human
Resources)
File 89-95-24, Resolution No. 28-96
Adopted.
[SDI Coverage, Classification 0360]
Resolution authorizing enrollment of
Classification(s) 0360 Deputy Clerk, in the
State Disability Insurance Program.
(Department of Human Resources)
File 89-95-25, Resolution No. 29-96
Adopted.
[SDI Coverage, Classification 0342]
Resolution authorizing enrollment of
Classification(s) 0342 Information Clerk
Supervisor, Municipal Court, in the State
Disability Insurance Program. (Department of
Human Resources)
File 89-95-26, Resolution No. 30-96
Adopted.
[SDI Coverage, Classification 0330]
Resolution authorizing enrollment of
Classification(s) 0330 Deputy Clerk, Municipal
Court in the State Disability Insurance
Program. (Department of Human Resources)
File 89-95-27, Resolution No. 31-96
Adopted.
[SDI Coverage, Classification 0350]
Resolution authorizing enrollment of
Classification(s) 0350 Court Reporter,
Municipal Court, in the State Disability
Insurance Program. (Department of Human
Resources)
File 89-95-28, Resolution No. 32-96
Adopted.
[State Grant, Recycling Program]
Resolution authorizing the Chief Administrative
Officer to apply for retroactively, accept and
expend a $100,000 grant from the Department of
Conservation; waiving indirect costs.
Sponsor Supervisor Alioto.
File 133-95-10, Resolution No. 36-96
Adopted.
[State Grant, Integrated Pest Management
Project]
Resolution authorizing the Department of Public
Works to apply for, accept and expend $20,000
in Innovations in Pest Management Grant
funding from the State of California
Department of Pesticide Regulation.
(Department of Public Works)
File 148-95-7, Resolution No. 38-96
Adopted.
[Airport Long Distance Service Agreement]
Resolution approving the "Agreement for
Operator-Assisted Long Distance Service from
Public Pay Telephones" between AT&T
Corporation and the City and County, acting by
and through its Airports Commission.
(Airports Commission)
File 27-95-18, Resolution No. 5-96
Adopted.
Passed for Second Reading
[Airport Lease Modification, FAA]
Ordinance approving modification of leases
DTFA08-92-L-14110, DTFA08-93-L-14138, and
DTFA08-92-L-14111 by and between the United
States of America and City and County, acting
by and through its Airports Commission.
(Airports Commission)
File 27-95-19, Ordinance No.
Passed for second reading.
Adopted
[Lombard Street Garage, Management Agreement]
Resolution approving form of the Lombard Street
Garage Management Agreement and bid documents;
authorizing Parking Authority to request bids
for management of the Lombard Street Garage
using the approved bid documents; approving
the extension of the current Lombard Street
Garage Lease on a month-to-month basis; and
authorizing City officials to act as agents
for the Parking Authority. (Real Estate
Department)
File 47-95-13, Resolution No. 11-96
Adopted.
[Lease Extension at 445 Grant Avenue]
Resolution authorizing extension of the lease
of real property at 445 Grant Avenue for the
Chinatown Branch Library. (Real Estate
Department)
File 64-95-17, Resolution No. 15-96
Adopted.
[Hold Harmless Agreement]
Resolution authorizing the Port to hold the
State Lands Commission of the State of
California harmless for claims arising from
maintenance dredging at various locations
within the Port's jurisdiction. (Port)
File 172-95-47, Resolution No. 40-96
Adopted.
Recommendations of Housing and Land Use
Committee
Adopted
[Stop Intersection]
Resolution designating 39th Avenue and Irving
Street as an all-way "STOP" intersection.
Sponsor Supervisor Shelley.
File 18-95-16, Resolution No. 4-96
Adopted.
[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)
File 40-95-17, Resolution No. 9-96
Adopted.
[Residential Parking Area "U", South of Market]
Resolution extending the boundaries of
Residential Permit Parking Area "U" in the
South of Market area and adding to the list of
streets upon which time limitations shall
apply. (Department of Parking and Traffic)
File 40-95-18, Resolution No. 10-96
Adopted.
The foregoing items on the Consent Calendar
were acted upon by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
REGULAR CALENDAR
UNFINISHED BUSINESS
From Budget Committee "Without Recommendation"
Consideration Continued
[Federal Funding - Emergency Shelter Grants
Program]
Resolution approving the 1996 Emergency Shelter
grants program and expenditure schedule and
authorizing the Mayor to apply for, accept,
and expend a $65,000 entitlement for the
Salvation Army under the Emergency Shelter
grants program from the U.S. Department of
Housing and Urban Development. (Budget
Committee)
File 68-95-9.1, Resolution No.
(December 11, 1995 - Consideration continued
to January 2, 1996.)
Supervisor Migden, seconded by Supervisor
Leal, moved to continue consideration to
January 16, 1996.
Motion to continue adopted by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Recommendation of Health, Public Safety and
Environment Committee
Consideration Continued
[Domestic Violence]
Resolution finding that domestic violence is a
serious crime and not a civil dispute and that
civil compromise is an inappropriate
resolution to these cases; urging the judges
of the Municipal Court to stop the use of
civil compromise in domestic violence cases;
urging that when such compromises are
considered that proper notice and hearings are
required; and further urging the District
Attorney to continue his efforts to resist
civil compromise in domestic violence cases
and continue the pursuit to amend the
California Penal Code to prohibit the use of
civil compromise in domestic
violence cases. Sponsors Supervisors Kaufman, Alioto,
Hallinan, Leal, Shelley, Teng.
File 237-95-1, Resolution No.
(December 18, 1995 - Consideration continued
to January 2, 1996.)
Supervisor Kaufman, seconded by Supervisor
Teng, moved to continue consideration to
January 8, 1996.
Motion to continue adopted by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item, Supervisor
Teng requested to be added as co-sponsors.
NEW BUSINESS
Recommendations of Budget Committee
Passed for Second Reading
[Appropriation, Sheriff Department]
Ordinance appropriating $19,218, Sheriff
Department, of Jail Overcrowding Fine Revenue
to professional services to fund the
Supervised Misdemeanor Release Program to
reduce jail overcrowding for fiscal year
1995-96; placing $19,218 on reserve.
(Controller)
File 101-95-29, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Appropriation, Medical Examiner]
Ordinance appropriating $114,799 and $8,799,
Medical Examiner, from General Fund Reserve
and $106,000 from contractual services, to
salaries and fringe benefits to create three
(3) positions to continue body removal
services for fiscal year 1995-96. (Controller)
File 101-95-30, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Salary Ordinance Amendment, Medical Examiner]
Ordinance amending Ordinance No. 256-95 (Annual
Salary Ordinance, 1995/96) reflecting the
addition of three positions (Class 2580
Coroner's Investigator) in the Medical
Examiner-Coroner's Office; companion measure
to File 101-95-30. (Department of Human
Resources)
File 102-95-7, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Appropriation, Various Departments]
Ordinance appropriating $200,000, Offices of
Chief Administrative Officer, City Attorney
and Controller from various Bond Fund Proceeds
(1992 Golden Gate Park Irrigation Bonds and
Earthquake Safety Bonds) for bond issuance
costs for fiscal year 1995-96. (Controller)
File 101-95-32, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Conveyance of Easement, Stanford University]
Ordinance authorizing conveyance of easement
over Water Department right-of-way in Santa
Clara County pursuant to settlement approved
by Public Utilities Commission. (Real Estate
Department)
File 82-95-4, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Recommendations of Government Efficiency and
Labor Committee
Passed for Second Reading
[Airport Lease Modification, FAA]
Ordinance approving, retroactively, lease
numbers DTFA08-95-L-14713, DTFA08-95-L-14717,
DTFA08-95-L-14708 and DTFA08-95-L-14709
between the United States of America, Federal
Aviation Administration (FAA) and the City and
County, acting by and through its Airports
Commission. (Airports Commission)
File 27-95-20, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Charles Johnson/Diane Johnson v. CCSF]
Ordinance authorizing settlement of litigation
of Charles Johnson and Diane Johnson against
the City and County by payment of $17,500.
(City Attorney)
File 45-95-54, Ordinance No.
(Superior Court No. 957-633.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Electronic Equipment Procurement]
Ordinance amending Administrative Code,
enabling the Electronic Information Processing
Steering Committee to review procurement of
electronic information processing resources
conducted through or in conjunction with state
or federal agencies and programs.
Sponsors Supervisors Teng, Ammiano, Bierman.
File 97-95-60, Ordinance No.
(Adds Section 3.021.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Payment by Credit Cards - Dept. of Animal
Control]
Ordinance amending Administrative Code, to
authorize the Department of Animal Care and
Control to accept payments by credit cards and
ATM cards. Sponsor Supervisor Leal.
File 97-95-66, Ordinance No.
(Adds Section 10.11-4.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 22]
Ordinance amending Ordinance No. 116-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
Carpenters, Local 22 and the City and County,
for the period July 1, 1995 through June 30,
1996. (Department of Human Resources)
File 93-95-6.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 580]
Ordinance amending Ordinance No. 121-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the Cement
Masons, Local 580 and the City and County for
the period July 1, 1995 through June 30, 1996.
(Department of Human Resources)
File 93-95-11.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 104]
Ordinance amending Ordinance No. 122-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
Sheetmetal Workers, Local 104 and the City and
County for the period July 1, 1995 through
June 30, 1996. (Department of Human Resources)
File 93-95-12.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 6]
Ordinance amending Ordinance No. 123-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
International Brotherhood of Electrical
Workers, Local 6 and the City and County for
the period July 1, 1995 through June 30, 1996.
(Department of Human Resources)
File 93-95-13.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 16]
Ordinance amending Ordinance No. 124-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
International Alliance of Theatrical Stage
Employees, Local 16 and the City and County
for the period July 1, 1995 through June 30,
1996. (Department of Human Resources)
File 93-95-14.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 40]
Ordinance amending Ordinance No. 126-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
Roofers, Local 40 and the City and County for
the period July 1, 1995 through June 30, 1996.
(Department of Human Resources)
File 93-95-16.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 34]
Ordinance amending Ordinance No. 129-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the Pile
Drivers, Local 34 and the City and County for
the period July 1, 1995 through June 30, 1996.
(Department of Human Resources)
File 93-95-19.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Local 856]
Ordinance amending Ordinance No. 132-95 to
correct clerical errors in the language to the
provision addressing overtime of the
Memorandum of Understanding between the
Probation Officers Association, Local 856 and
the City and County for the period July 1,
1995 through June 30, 1996. (Department of
Human Resources)
File 93-95-24.2, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Local 21 Arbitrator's Award]
Ordinance adopting and implementing the
provisions of an Arbitrator's Award
interpreting the provisions of the Memorandum
of Understanding regarding the compensation of
real property auditors and appraisers 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, 1994. Sponsor Supervisor
Shelley.
File 93-95-35.3, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Amendment to MOU, Stationary Engineers, Local
39]
Ordinance adopting and implementing the
provisions of amendment number 2 to the
Memorandum of Understanding between the
International Union of Operating Engineers
Stationary, Local 39 and the City and County
providing that all covered employees be placed
into full retirement contribution effective
two pay periods after approval of this
ordinance by the Mayor. (Department of Human
Resources)
File 93-95-43.1, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[MOU, Local 865, Bargaining Unit 11B]
Ordinance adopting and implementing,
retroactively, the provisions of a Memorandum
of Understanding between the Freight Checkers,
Clerical Employees and Helpers, Local 856 and
the City and County for Bargaining Unit 11B,
Supervising Registered Nurses, for the period
July 1, 1994 through June 30, 1996.
(Department of Human Resources)
File 93-95-52, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Adopted
[Grant, State Local Transportation Partnership
Program]
Resolution authorizing the Director of Public
Works to expend up to $492,312 from the State
of California for roadway work on City streets
in accordance with the State-Local
Transportation Partnership Program (6th
Cycle); waiving indirect costs; placing
$240,308 on reserve. (Department of Public
Works)
File 148-95-6, Resolution No. 37-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Indemnification Agreement, PTC/TRB]
Resolution authorizing an indemnity provision
in the Contract between the Municipal Railway
and the Transportation Research Board acting
through the Public Transportation Commission.
(Public Transportation Commission)
File 172-95-46, Resolution No. 39-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Federal Grant, Traffic Signal System]
Resolution authorizing the Executive Director
of the Department of Parking and Traffic to
apply for, retroactively, and to accept and
expend up to $395,000 in Federal Funds for the
installation of a new traffic signal at the
intersection of Lincoln Way and Funston Avenue
and to install hardwire interconnect
connecting the Oak/Fell Streets traffic signal
system to the Inner Sunset traffic signal
system, foregoing reimbursement of indirect
costs; placing $305,000 on reserve.
Sponsor Supervisor Leal.
File 192-95-5, Resolution No. 41-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Lincoln Park Pioneer Grave Site]
Resolution authorizing the Medical Examiner to
dispose of artifacts recovered from pioneer
grave site at Lincoln Park. Sponsor Supervisor
Hallinan.
File 257-95-1, Resolution No. 44-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Appointment of President Pro Tempore
At the request of the President, Supervisor
Hallinan assumed the Chair so the President
could participate in the debate from the floor.
Recommendations of Housing and Land Use
Committee
Adopted
[Final Negative Declaration, Westwood Park]
Resolution adopting Final Negative Declaration,
finding and determining that amending the City
Planning Code to add Sections 244 and 244.1
creating a designation for Residential
Character Districts and establishing the
Westwood Park Residential Character District
and requiring all building permits for new
construction and alterations in that
Residential Character District to conform to
designated sections of the "Westwood Park
Association, Residential Design Guidelines"
and to amend Sections 134 and 252.1
recognizing exceptions to rear yard and height
provisions in such Residential Character
Districts, and that amending the zoning map to
delineate the Westwood Park Residential
Character District and to change the Height
and Bulk District from 40-X to 28-X, for
properties in the Westwood Park Subdivision
(95.541ETZ) will have no significant impact on
the environment; and adopting and
incorporating findings of Final Negative
Declaration. Sponsor Supervisor Shelley.
File 36-95-6, Resolution No. 6-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item, Supervisor
Shelley requested to be added as sponsor.
Passed for Second Reading
[Zoning Map Amendments, Westwood Park RCD]
Ordinance amending Planning Code by amending
the Zoning Map of the City and County for
certain properties in the Westwood Park
Subdivision, generally bounded by Ocean
Avenue, Plymouth Avenue (including east side
properties), Greenwood Avenue (including south
side properties), Judson Avenue, Phelan
Avenue, Flood Avenue, Ridgewood Avenue, south
side of Monterey Boulevard and Faxon Avenue
(including west side properties), all of
Assessor's Blocks 3106-3113, 3133-3138,
3160-3166, 3173-3178, 3189-3190 and portions
of Assessor's Blocks 3167, 3191 and 3196-3199,
to create the Westwood Park Residential
Character District; companion measures to
Files 36-95-6, 36-95-6.1, and 115-95-14.
Sponsor Supervisor Shelley.
File 36-95-6.1, Ordinance No.
(City Planning Resolution No. 13992, adopted
October 26, 1995.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item, Supervisor
Shelley requested to be added as sponsor.
[Zoning Map Amendments, Westwood Park
Height/Bulk]
Ordinance amending Planning Code by amending
the Zoning Map of the City and County for
certain properties in the Westwood Park
Subdivision, generally bounded by Ocean
Avenue, Plymouth Avenue (including south side
properties), Greenwood Avenue (including south
side properties), Judson Avenue, Phelan
Avenue, Flood Avenue, Ridgewood Avenue, south
side of Monterey Boulevard and Faxon Avenue
(including west side properties), all of
Assessor's Blocks 3106-3113, 3133-3138,
3160-3166, 3173-3178, 3189-3190 and portions
of Assessor's Blocks 3167, 3191, and
3196-3199, to reclassify these properties from
a 40-X Height and Bulk District to a 28-X
Height and Bulk District; companion measure to
Files 36-95-6, 36-95-6.1 and 115-95-14.
Sponsor Supervisor Shelley.
File 36-95-6.2, Ordinance No.
(City Planning Resolution No. 13992, adopted
October 26, 1995.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item, Supervisor
Shelley requested to be added as sponsor.
[Westwood Park Residential Character District]
Ordinance amending City Planning Code, to add
Residential Character Districts and to create
the Westwood Park Residential Character
District, and to recognize special rear yard
requirements and special height limits for
Residential Character Districts; companion
measure to Files 36-95-6, 36-95-6.1, and
36-95-6.2. Sponsor Supervisor Shelley.
File 115-95-14, Ordinance No.
(City Planning Resolution No. 13992, adopted
October 26, 1995.)
(Adds Sections 244, 244.1;
Amends Sections 134 and 252.1.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item, Supervisor
Shelley requested to be added as sponsor.
The President resumed the Chair.
Adopted
[Final Neg Declaration, 1745-1765 California
Street]
Resolution adopting Final Negative Declaration,
finding and determining that the project to
convert a vacant, automobile sales and service
building to a retail grocery store of
approximately 24,600 square feet of occupied
floor area and customer parking; and the
construction of a new, two-level parking
garage with 98 parking spaces, on Assessor's
Block 647, Lots 12, 13, and 14 for the
property located at 1745-1765 California
Street will have no significant impact on the
environment, and adopting and incorporating
findings of Final Negative Declaration.
(Department of City Planning)
File 36-95-7, Resolution No. 7-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Passed for Second Reading
[Zoning Map Change, 1745-1765 California Street]
Ordinance amending City Planning Code by
adopting changes in property use
classification as an amendment to the Zoning
Map of the City and County for property
generally described as Assessor's Block 647,
Lot 12 from an RM-3 District to an NC-3
Neighborhood Commercial District and adopting
findings pursuant to City Planning Code
Section 101.1; companion measure to File
36-95-7. (Department of City Planning)
File 36-95-7.1, Ordinance No.
(City Planning Resolution No. 13974, adopted
October 11, 1995.)
(Motion No. 13975, adopted October 12, 1995.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Bicycle Racks]
Ordinance amending Planning Code, to provide
bicycle storage for all City-owned and
City-leased properties. Sponsors Supervisors Migden,
Bierman, Teng, Leal, Ammiano, Alioto.
File 115-95-8, Ordinance No.
(Adds Section 155.1.)
(City Planning Resolution No. 14010, adopted
November 16, 1995)
(Exemption/Exclusion from Environmental
Review.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
In connection with the above item,
Supervisors Leal, Ammiano, Alioto requested to
be added as co-sponsors.
[Sidewalk Width Regulations, Various Locations]
Ordinance amending Ordinance No. 1061 entitled
"Regulating the Width of Sidewalks" changing
the official widths of sidewalks on a portion
of Florida Street between 17th Street and
Mariposa Street, of a portion of Indiana
Street between 23rd Street and 25th Street,
and of a portion of Indiana Street between
25th Street and 26th Street, as shown on the
Department of Public Works drawings labeled
Q-20-427, Q-20-428, and Q-20-429 and making
findings pursuant to City Planning Code
Section 101.1. (Department of Public Works)
File 34-95-3, Ordinance No.
(Adds Section 1520.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Adopted
[Transfer of Beyond Therapy Liquor License]
Resolution determining that the transfer of a
beer and wine license to Jerry L. Walker, dba
Beyond Therapy from 350 Mason Street to 450
Geary Street, will serve the convenience and
necessity of the people of the City and
County, in accordance with Section 23958.4 of
the California Business and Professions Code.
(Housing and Land Use Committee)
File 223-95-5.2, Resolution No. 42-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Liquor License, 511 Harrison Street]
Resolution determining that the issuance of a
Type 48 on-sale general license to Dirk Alton
of Event Beverage, Inc. located at 511
Harrison Street, will serve the convenience
and necessity of the people of the City and
County, in accordance with Section 23958.4 of
the California Business and Professions Code.
(Housing and Land Use Committee)
File 223-95-34, Resolution No. 43-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
Recommendations of Rules Committee
Adopted
[Appointment]
Resolution appointing member to the Advisory
Council to the Commission on the Aging, for
the two-year term ending March 31, 1997.
(Rules Committee)
File 92-95-41.1, Resolution No. 33-96
(Donna Calame, Seat No. 20308, vice herself,
term expired.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Appointment]
Resolution appointing member to the Bicycle
Advisory Committee, for a new three-year term
ending December 31, 1998. (Rules Committee)
File 92-95-42.1, Resolution No. 34-96
(Lucinda J. Means, Seat No. 24307,
bicyclist-at-large, vice herself, term
expired.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
[Appointment]
Resolution appointing member to the Delinquency
Prevention Commission, for a new four-year
term ending June 30, 1999. (Rules Committee)
File 92-95-45, Resolution No. 35-96
(Alan S. Oliver, Seat No. 21818, vice Sherry
D. Tennyson, term expired June 30, 1995.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisors Hsieh, Kennedy - 2.
SPECIAL ORDER 3:00 P.M.
Hearing Held
[Public Hearing - Landmarks Appeal
Hearing appealing decision of the City Planning
Commission by its Motion No. 13996, dated
November 2, 1995, disapproving the designation
of Grand Theater as Landmark No. 216, on
property located at 2665 Mission Street, Lot
23 within Assessor's Block 3637.
File 90-95-4
The following persons were granted privilege
of the floor:
Appellants: Vincent Marsh, David Bahlman.
Respondents: Bob Passmore, representing City
Planning Commission; Alice Barkley; Wayne
Hu; Amy Chung.
(Only one of the following two motions should
be adopted.)
Tabled
[Landmark Appeal, 2665 Mission Street]
Motion approving decision of the City Planning
Commission by its Motion No. 13996, which
disapproved the proposal to designate the
Grand Theater located at 2665 Mission Street,
as a landmark pursuant to the provisions of
Article 10 of the City Planning Code.
File 90-95-4.1
Supervisor Kennedy, seconded by Supervisor
Teng, moved to table.
Tabled by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
Absent: Supervisor Hsieh - 1.
Refused Adoption
[Landmark Appeal, 2665 Mission Street]
Motion disapproving decision of the City
Planning Commission by its Motion No. 13996,
which disapproved the proposal to designate
the Grand Theater located at 2665 Mission
Street, as a landmark pursuant to the
provisions of Article 10 of the City Planning
Code, and approving the landmark designation.
File 90-95-4.2
Supervisor Bierman, seconded by Supervisor
Hallinan, moved adoption.
Refused adoption by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Migden - 5.
Noes: Supervisors Kaufman, Kennedy, Leal,
Shelley, Teng - 5.
Absent: Supervisor Hsieh - 1.
Tabled
[Landmark Designation, 2665 Mission Street]
Ordinance designating the Grand Theater as
Landmark No. 216 pursuant to Article 10 of the
City Planning Code. (Landmarks Preservation
Advisory Board)
File 90-95-4.3, Ordinance No.
Supervisor Kennedy, seconded by Supervisor
Teng, moved to table.
Tabled by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
Absent: Supervisor Hsieh - 1.
PUBLIC COMMENT
The privilege of the floor was granted to the
following persons:
Shelley Salieri, congratulating District
Attorney-elect Hallinan;
Gary Johnson, congratulating District
Attorney-elect Hallinan;
Rodney, Giants ballpark environmental review.
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 were introduced at a prior
meeting of the Board with action requested at
this meeting. Any Supervisor may require
these measures to go to committee unless a
motion to suspend the rules is adopted by
eight votes (or a unanimous vote if only six
or seven members are present). An "aye" vote
is (a) a vote in favor of suspending the rule
requiring reference to committee, and (b) a
vote in favor of adoption of the measures.
Eight votes (or a unanimous vote if only six
or seven members are present) is required.
Adopted
[Commend Terence Hallinan]
Resolution commending Honorable Terence
Hallinan for his service on the Board of
Supervisors and to the people of the City and
County of San Francisco. Sponsors Supervisors
Shelley, Alioto, Ammiano, Bierman, Hsieh,
Kaufman, Kennedy, Leal, Migden, Teng.
File 6-95-146, Resolution No. 1-96
(December 18, 1995 - Introduced in Board for
consideration on January 2, 1996.)
Adopted.
[Commend John Cribbs]
Resolution honoring John E. Cribbs, Director of
Public Works, on the occasion of his
retirement. Sponsors Supervisors Shelley, Migden,
Kaufman, Hsieh, Bierman, Alioto.
File 6-95-147, Resolution No. 2-96
(December 18, 1995 - Introduced in Board for
consideration on January 2, 1996.)
Adopted.
[Evangelical Lutheran Church]
Resolution urging the Evangelical Lutheran
Church in America to reconsider its decision
to expel First United Lutheran Church and St.
Francis Lutheran Church for ordaining openly
lesbian pastors and rejecting the outdated
policy of discriminating against lesbian and
gay clerics. Sponsors Supervisors Ammiano, Bierman,
Migden, Alioto, Leal.
File 308-95-1, Resolution No. 47-96
(December 18, 1995 - Introduced in Board for
consideration on January 2, 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 emergency. Sponsors Supervisors
Alioto, Leal, Bierman, Shelley, Migden, Teng,
Hsieh, Ammiano, Hallinan.
File 30-95-1.26
(December 18, 1995 - Introduced in Board for
consideration on January 2, 1996.)
Adopted.
[Final Map, 690 Chestnut Street]
Motion approving final map of 690 Chestnut
Street, a condominium project, being a
resubdivision of Lot 36 in Assessor's Block
51, and adopting findings pursuant to City
Planning Code Section 101.1. Sponsor Supervisor
Migden.
File 58-95-33
(December 18, 1995 - Introduced in Board for
consideration on January 2, 1996.)
Adopted.
[Local Emergency, December 1995 Storms]
Motion concurring in the determination of the
Mayor for the continued need for the
declaration of emergency in connection with
the December 1995 storms. Sponsor Supervisor Shelley.
File 270-95-6.1
(December 18, 1995 - Introduced in Board for
consideration on January 2, 1996.)
Adopted.
The foregoing items on the For Adoption
Without Committee Reference Calendar were
adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
Absent: Supervisor Hsieh - 1.
IMMEDIATE ADOPTION CALENDAR
These measures are being introduced at this
meeting. 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 1-96-1, Resolution No. 45-96
(Preston Cook, Commissioner, Port of San
Francisco,
December 29 - 31; V. C. Gee, Commission
Chair, Ethics Commission, December 19 - 24;
Michael Hardeman, Commissioner, Port of San
Francisco, December 29, 1995 - January 2,
1996;
Jane E. Rubin, Executive Director, Ethics
Commission,
January 4 - 8 and February 24 - March 3,
1996.)
Adopted.
[Election Declaration]
Resolution declaring the results of the
Municipal Election conducted December 12,
1995, in the City and County of San Francisco.
Sponsors Supervisors Shelley, Leal.
File 60-95-21, Resolution No. 14-96
Adopted.
In connection with the above item, Supervisor
Leal requested to be added as co-sponsor.
[Sexually Violent Predators Act]
Resolution designating the District Attorney as
the officer responsible for filing petitions
for the commitment of persons determined by
the State Department of Mental Health to be
sexually violent predators pursuant to Chapter
763, statutes of 1995. Sponsors Supervisors Shelley,
Leal.
File 12-95-52, Resolution No. 3-96
Adopted.
In connection with the above item, Supervisor
Leal requested to be added as co-sponsor.
The foregoing items on the Immediate Adoption
Calendar were adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
Absent: Supervisor Hsieh - 1.
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 Kennedy, seconded by Supervisor
Teng, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
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 Kennedy, seconded by Supervisor
Teng, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
Absent: Supervisor Hsieh - 1.
[Imperative Resolutions]
Adopted
[Commend Anita Theoharis/Westwood Park Assoc.]
Resolution commending Anita Theoharis and the
members of the Westwood Park Association for
their efforts in developing and advancing the
first Residential Character District in San
Francisco.
File 006-96-001, Resolution No. 46-96
Supervisor Shelley presented for immediate
adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hallinan, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng - 10.
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
[Board of Permit Appeals]
Substitute ordinance amending San Francisco
Municipal Code, Part III, Section 8, to
provide that the Board of Permit Appeals shall
fix the time and place of hearing not less
than ten days nor more than forty-five days
after the filing of said appeal and shall act
thereon not later than sixty days after such
filing or a reasonable time thereafter.
Supervisor Bierman presented. Referred to
Housing and Land Use Committee.
File 127-95-012.
[Settlement, Modesto/Turlock Irrigation
Districts]
Ordinance authorizing settlement of regulatory
proceedings before the Federal Energy
Regulatory Commission involving increased
flows and fishery resource protection costs
for the Lower Tuolumne River with costs not to
exceed $2,420,000 and payment to the Modesto
and Turlock Irrigation Districts of $3.5
million per year, with an escalation rate
effective year six. Supervisor Shelley
presented. Referred to Government
Efficiency/Labor Committee with request it be
considered at the January 9, 1996 meeting.
File 046-96-002.
[Pawnbroking Moratorium, Mission/Ingleside]
Ordinance amending Police Code Section 2825 to
extend the moratorium on the issuance of
permits by the Chief of Police to operate any
pawnbroking business in the Mission and
Ingleside Districts to January 15, 2001.
Supervisors Hsieh, Leal presented. Referred
to Health/Public Safety/Environment Committee.
File 121-96-001.
[Temporary Stadium Admissions Tax]
Draft ordinance amending San Francisco
Municipal Code, Part III, Section 802A to
provide that the temporary admission tax may
be remitted monthly or annually. Supervisor
Hallinan presented. Referred to Budget
Committee.
File 127-96-001.
[Grant, Alternative Fuel Vehicles]
Resolution authorizing the Director of
Purchasing to accept and expend $290,338 from
the Transportation Fund for clean air for
alternative fuel vehicles and authorizing the
Director of Purchasing to execute an agreement
with the Bay Area Air Quality Management
District whereby the City would indemnify the
district from claims resulting from the City's
performance of said agreement. Supervisor
Leal presented. Referred to Government
Efficiency/Labor Committee.
File 133-94-001.01.
Referred to Board
[Commend Nanjing Little Red Flower Art Troupe]
Resolution commending the Nanjing Little Red
Flower Art Troupe and declaring January 13,
1996 Nanjing Little Red Flower Art Troupe Day
in San Francisco. Supervisors Teng, Hsieh,
Shelley, Ammiano, Kaufman, Migden, Alioto,
Bierman presented. Referred to Board for
Adoption Without Committee Reference Calendar
January 8, 1996.
File 006-96-002.
[Commend Jim Wachob/Bruce Pettit]
Resolution commending Jim Wachob and Bruce
Pettit for four years of insightful commentary
and for maintaining the highest standards of
journalistic excellence. Supervisors Migden,
Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar
January 8, 1996.
File 006-96-003.
[State Legislation, ABXX 55, Tobacco Products
Tax]
Resolution supporting ABXX 55 concerning
tobacco products tax and urging the Mayor to
direct the City's Lobbyist to urge the State
Legislature to support ABXX 55. Supervisor
Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar
January 8, 1996.
File 012-96-001.
[Electric Vehicle Mandate]
Resolution urging Governor Pete Wilson and the
State Air Resources Board to reconsider their
decision to relax the electric vehicle mandate
intended to comply with clean air laws.
Supervisor Migden presented. Referred to
Board for Adoption Without Committee Reference
Calendar January 8, 1996.
File 012-96-002.
[Department of Public Health Revenues]
Resolution urging the Mayor to take into
consideration the declining ability of the
Department of Public Health to offset general
fund reductions with revenues and make every
effort possible within the resources available
to protect the health care safety net for the
neediest San Francisco residents against
federal and state budget cutbacks.
Supervisors Alioto, Bierman presented.
Referred to Board for Adoption Without
Committee Reference Calendar January 8, 1996.
File 100-96-002.
Referred to Committee
[Bushmills Whiskey Boycott]
Resolution urging San Franciscans to not
purchase Old Bushmills Irish Whiskey, a
premier flagship export from the North of
Ireland, because of their ongoing practice of
employment discrimination and harassment
against Catholics. Supervisor Hallinan
presented. Referred to Economic
Vitality/Social Policy Committee.
File 216-96-001.
Requests for Hearings:
[Garment Industry]
Hearing to consider the status of the garment
industry in San Francisco. Supervisor Teng
presented. Referred to Government
Efficiency/Labor Committee.
File 176-96-001.
[Mission Dolores Soccer Field]
Hearing to consider the progress of the Mission
Dolores soccer field. Supervisor Leal
presented. Referred to Rules Committee.
File 193-96-001.
[School District Employees Civil Service Status]
Hearing to clarify and consider the many varied
issues raised by the school district's
relationship to the civil service merit
system. Supervisor Hallinan presented.
Referred to Government Efficiency/Labor
Committee.
File 211-96-001.
Motions:
Referred to Board
[Rebuttal Argument, Moscone Center Expansion]
Motion authorizing the President of the Board
of Supervisors to submit to the Registrar of
Voters on behalf of the Board of Supervisors a
rebuttal ballot argument concerning the
Moscone Center expansion. Supervisor Shelley
presented. Referred to Board for Adoption
Without Committee Reference Calendar January
8, 1996.
File 060-95-019.01.
[China Basin Ballpark Budget Analyst Report]
Motion directing the Budget Analyst to prepare
a report analyzing any and all costs to the
City that might result from the construction
of the proposed China Basin Ballpark as being
considered by the voters at the March 26, 1996
election; requesting that the report be given
highest priority. Supervisor Ammiano
presented. Referred to Board for Adoption
Without Committee Reference Calendar January
8, 1996.
File 165-96-001.
Introduced by the President at the Request of
Departments
Ordinances Referred to Committee
File 027-96-001. [Airport Lease Modification,
FAA] Ordinance approving lease number
DTFA08-95-L-14707, CAT III ILS Localizer
Runway 28R between the United States of
America, Federal Aviation Administration (FAA)
and the City and County of San Francisco,
acting by and through its Airports Commission.
(Airports Commission) Referred to Government
Efficiency/Labor Committee.
File 045-96-001. [Noemy Rincon v. CCSF, et
al.] Ordinance authorizing settlement of
litigation of Noemy Rincon against the City
and County of San Francisco by payment of
$85,000. (Superior Court No. 957-725). (City
Attorney) Referred to Government
Efficiency/Labor Committee.
File 045-96-002. [Gerardo Dejelo/Antonia
Dejelo v. CCSF] Ordinance authorizing
settlement of litigation of Gerardo Dejelo and
Antonia Dejelo against the City and County of
San Francisco and Robert Johnson by payment of
$200,000. (Superior Court No. 951-919).
(City Attorney) Referred to Government
Efficiency/Labor Committee.
File 045-96-003. [Emilya Yudson, vs. CCSF, et
al.] Ordinance authorizing settlement of
litigation of Emilya Yudson against the City
and County of San Francisco by payment of
$10,000. (Superior Court No. 965-454). (City
Attorney) Referred to Government
Efficiency/Labor Committee.
File 046-96-001. [Cross Complaint, Lavella v.
CCSF] Ordinance authorizing settlement of
litigation of the City's cross-complaint in
Michael Lavella, et al. v. City and County of
San Francisco, et al., upon the receipt of
$42,500.86. (Superior Court No. 955-038)
(City Attorney) Referred to Government
Efficiency/Labor Committee.
File 101-95-035. [Appropriation, Fire
Department] Ordinance appropriating
$1,603,432, Fire Department, of 1989
Earthquake Safety Bond interest earnings for
capital improvement projects (lead and
asbestos abatement and construction support
services) at various fire stations for fiscal
year 1995-96. RO #95095. (Controller)
Referred to Budget Committee.
File 101-95-036. [Appropriation, Department of
Parking and Traffic] Ordinance appropriating
$266,000, Department of Parking and Traffic,
from the General Fund to a capital improvement
project for soil remediation at St. Mary's
Square Garage for fiscal year 1995-96. RO
#95103. (Controller) Referred to Budget
Committee.
File 101-95-037. [Appropriation, Adult
Probation Department] Ordinance appropriating
$646,424, Adult Probation Department, of
Federal recurring grant revenue to salaries,
fringe benefits, indirect costs, travel,
training, non-personal services, materials and
supplies, equipment and services of other
departments for the creation of three (3)
positions to implement the San Francisco
Criminal Justice Treatment Network for Women
for fiscal year 1995-96; providing for
ratification of action previously taken;
companion measure to File 102-95-9. RO
#95110. (Controller) Referred to Budget
Committee.
File 101-95-038. [Appropriation, Board of
Supervisors] Ordinance appropriating $125,000,
Board of Supervisors, from the General Fund
Reserve for professional services to allow the
Budget Analyst to conduct a comprehensive
management audit at the Municipal Railway for
fiscal year 1995-96. (Implementation of
Proposition "J"). RO #95115. (Controller)
Referred to Budget Committee.
File 101-95-039. [Appropriation, Civil Service
Commission] Ordinance appropriating $300,000,
Civil Service Commission, to conduct a
classification study for fiscal year 1995-96.
RO #95111. (Controller) Referred to Budget
Committee.
File 102-95-009. [Salary Ordinance Amendment,
Adult Probation] Ordinance amending Ordinance
No. 256-95 (Annual Salary Ordinance, 1995/96),
reflecting the creation of three (3) positions
in the Adult Probation Department; companion
measure to File 101-95-37. (Department of
Human Resources) Referred to Budget Committee.
File 124-96-001. [Vehicle Weight Restriction,
Scott Street] Ordinance adding Section 28.5.46
to the San Francisco Traffic Code, adding to
the list of streets upon which a commercial
vehicle weight restriction shall apply.
(Department of Parking and Traffic) Referred
to Housing and Land Use Committee.
Resolutions Referred to Committee
File 028-96-001. [Emergency Repair, Seacliff
District] 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 capping a brick sewer,
stabilizing a hillside and filling a hole
created by earth movement in the Seacliff
District. (Department of Public Works)
Referred to Budget Committee.
File 038-96-001. [Gift Acceptance, Police
Department] Resolution authorizing the Chief
of Police to accept, on behalf of the San
Francisco Police Department, a redistribution
of twelve utility vehicles from the Department
of the Army. (Police Commission) Referred to
Budget Committee.
File 040-96-001. [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 040-96-002. [Residential Parking Area
"U", South of Market] Resolution extending the
boundaries of Residential Permit Parking Area
"U" in the South of Market 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 048-96-001. [Settlement of Claim, Iliana
Segura] Resolution approving the settlement of
the unlitigated claim of Iliana Segura by
payment of $8,728.37. (City Attorney)
Referred to Government Efficiency/Labor
Committee.
File 065-96-001. [Land Lease, SFUSD - PTC]
Resolution approving the land lease with the
San Francisco Unified School District for
operating and maintaining an operator restroom
at the Marina School District for a term of 35
years and annual rent of One Dollar ($1.00).
(Public Transportation Commission) Referred
to Government Efficiency/Labor Committee.
File 068-95-005.01. [Small Business Revolving
Loan Program] Resolution authorizing the Mayor
of the City and County of San Francisco to
apply for, accept and expend a loan of Section
108 loan guarantee funds in a total amount not
to exceed Fifty Million Dollars ($50,000,000)
and an associated grant of Economic
Development Initiative Funds in a total amount
not to exceed One Million Dollars ($1,000,000)
both from the U.S. Department of Housing and
Urban Development for a Small Business
Revolving Loan Program authorized under
Section 108 of the Housing and Community
Development Act of 1974, as amended and
secured with Community Development Block Grant
Program funds; indirect costs associated with
the acceptance of the loan funds will be
provided from the Community Development Block
Grant Program; rescinding Resolution No.
315-95. (Mayor's Office of Community
Development) Referred to Government
Efficiency/Labor Committee.
File 146-96-001. [Grant, STD Prevention and
Control Program] Resolution authorizing the
Department of Public Health, Community Public
Health Services, to accept and expend a grant
of 33,562, which includes no indirect costs,
from the California Department of Health
Services, Sexually Transmitted Disease Control
Branch, for STD Outreach, Education and
Referral Services; waiving indirect costs.
(Department of Public Health). Referred to
Government Efficiency/Labor Committee.
File 147-96-001. [State Grant - Major Urban
Resource Libraries] Resolution authorizing the
San Francisco Public Library to apply for,
accept and expend funds not to exceed $64,645
available through the California State Library
from Title I of the Library Services and
Construction Act for Major Urban Resource
Libraries for fiscal year 1995-96; waiving
indirect costs. (Public Library) Referred
to Government Efficiency/Labor Committee.
File 147-96-002. [State Grant - Project Read]
Resolution authorizing the City Librarian to
apply retroactively for, accept and expend
funds from the California State Library for
student/tutor support, and outreach services;
indirect costs of five percent are contained
in this grant. (Public Library) Referred to
Government Efficiency/Labor Committee.
File 148-96-001. [Federal Grant, Southwest
Gateway Improvements] Resolution authorizing
the Department of Public Works to apply
for, accept and expend retroactively, grant
funding in the amount of $265,500 from the
Federal Highway Administration through the
California Department of Transportation, for
providing direct and indirect costs in the
landscape enhancement for the southwest
gateway. (Department of Public Works)
Referred to Government Efficiency/Labor
Committee.
File 170-95-006.01. [General Obligation Bonds,
Series 1996A] Resolution providing for the
issuance of not to exceed $63,590,000
aggregate principal amount of San Francisco
General Obligation Bonds, Series 1996A, City
Hall Improvement Project; prescribing the
form and terms of such Bonds; authorizing the
execution, authentication and registration of
said Bonds; providing for the levy of a tax to
pay the principal and interest thereof;
providing for the appointment of depositories
and other agents for said Bonds; providing
for the establishment of funds related
thereto; authorizing and directing the sale of
said Bonds; approving the form of official
Notice of Sale of Bonds and Notice of
Intention to Sell Bonds; directing the
publication of Notice of Sale and Notice of
Intention to Sell Bonds; approving the form
and execution of the official statement
relating thereto; approving the form of the
Continuing Disclosure Certificate; approving
modifications to documents; ratifying certain
actions previously taken; and granting general
authority to City Officials to take necessary
actions in connection with the authorization,
issuance, sale and delivery of said Bonds.
(Chief Administrative Officer) Referred to
Budget Committee.
File 172-96-001. [Medical Services Agreement]
Resolution authorizing the Director of Public
Health to execute an agreement, including
indemnification, with PacifiCare of California
for the provision of medical services to
employees of the University of California
enrolled in the PacifiCare Health Plan
effective retroactively to January 1, 1996.
(Also see File 97-94-76). (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 Shelley, that the City Attorney
clarify the role and responsibilities of the
Department of Environment and respond to a
list of questions in connection with the above
request.
Motions Adopted
Motion that the Board adjourn its meeting this
date out of respect to the memory of the
following deceased:
George Chinn (By the Entire Board)
Kathie Goto Sponsor Supervisor Shelley.
John Milton, Sr. Sponsor Supervisor Kennedy.
Daniel Florencio Sponsor Supervisor Hallinan.
Connie Boucher Sponsor Supervisor Alioto.
Michael Videtich Sponsor Supervisor Bierman.
Robert C. Veysey Sponsor Supervisor Leal.
File 2-96-1
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at
the hour of 3:48 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
February 5, 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 said Board on the date stated
and was approved as recited.
John L.
Taylor
Clerk of the Board
of Supervisors