JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Tuesday, January 16, 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 2:21 p.m. On call of the roll,
the following Supervisors were noted present:
Supervisor Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden,
Shelley, Teng - 9.
Noted absent at first roll call:
Supervisors Kaufman - 1.
Quorum present.
Supervisor Kaufman excused. (See infra.)
Supervisor Kaufman Excused
The Clerk stated Supervisor Kaufman requested to be excused from
attending today's meeting.
Supervisor Leal, seconded by Supervisor Teng, moved to excuse
Supervisor Kaufman.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal,
Migden, Shelley, Teng - 9.
Absent: Supervisor Kaufman - 1.
Disability Awareness Day
The Board of Supervisors participated in the first-ever "Disability
Awareness Day" by agreeing to be "disabled-for-a-day" at today's Board
meeting.
Supervisors Tom Ammiano and Carole Migden spent the day "blind",
using eye shields or sunglasses and a white cane for mobility.
Supervisor Tom Hsieh was "deaf" and used a steno-captioner (a
device which displays voice input on a computer screen).
Supervisor Angela Alioto had her arm in a sling.
Supervisors Kevin Shelley, Sue Bierman, Susan Leal, Willie B.
Kennedy and Mabel Teng spent the day in wheelchairs.
Sign language interpreters were present during the meeting.
APPROVAL OF JOURNALS
There being no errors, corrections or omissions, Supervisor Migden,
seconded by Supervisor Leal, moved that the Journal of Proceedings for
Monday, December 11, 1995, be approved.
Motion carried by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal,
Migden, Shelley, Teng - 9.
Absent: Supervisor Kaufman - 1.
CONSENT CALENDAR
Recommendations of Budget Committee
Finally Passed
[Cash Revolving Fund - Sheriff/Inmate Welfare]
Ordinance amending the Administrative Code,
creating the Sheriff's Inmate Welfare Cash
Revolving Fund in the amount of $10,000.
(Sheriff)
File 97-95-69, Ordinance No. 33-96
(Adds Section 10.164-1.)
Finally passed.
[Cash Revolving Fund - Sheriff]
Ordinance amending the Administrative Code,
increasing the Sheriff's Cash Revolving Fund
from $6,000 to $8,000. (Sheriff)
File 97-95-70, Ordinance No. 34-96
(Amends Section 10.164.)
Finally passed.
Adopted
[Gift Acceptance, Police Department]
Resolution authorizing the Chief of Police to
accept, on behalf of the Police Department, a
redistribution gift of twelve (12) utility
vehicles from the Department of the Army.
(Police Commission)
File 38-96-1, Resolution No. 85-96
Adopted.
Recommendations of Government Efficiency and
Labor Committee
Passed for Second Reading
[Airport Lease Modification No. 002, FAA]
Ordinance approving Modification No. 002 of FAA
Lease No. DOT-FA76WE-3702A between the United
States of America (FAA) and the City and
County, acting by and through its Airports
Commission. (Airports Commission)
File 27-95-21, Ordinance No.
Passed for second reading.
[Noemy Rincon v. CCSF, et al.]
Ordinance authorizing settlement of litigation
of Noemy Rincon against the City and County by
payment of $85,000. (City Attorney)
File 45-96-1, Ordinance No.
(Superior Court No. 957-725.)
Passed for second reading.
[Gerardo Dejelo/Antonia Dejelo v. CCSF]
Ordinance authorizing settlement of litigation
of Gerardo Dejelo and Antonia Dejelo against
the City and County and Robert Johnston by
payment of $200,000. (City Attorney)
File 45-96-2, Ordinance No.
(Superior Court No. 951-919.)
Passed for second reading.
[Emilya Yudson vs. CCSF, et al.]
Ordinance authorizing settlement of litigation
of Emilya Yudson against the City and County
by payment of $10,000. (City Attorney)
File 45-96-3, Ordinance No.
(Superior Court No. 965-454.)
Passed for second reading.
[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, et al.,
upon the receipt of $42,500.86. (City
Attorney)
File 46-96-1, Ordinance No.
(Superior Court No. 955-038.)
Passed for second reading.
Adopted
[Settlement of Claim, Laidlaw Transportation]
Resolution approving the settlement of the
unlitigated claim of Laidlaw Transportation by
payment of $27,647.01. (City Attorney)
File 48-95-32, Resolution No. 64-96
Adopted.
[Settlement of Claims, Lei Ming He/Li Ming Yuan]
Resolution approving the settlement of the
unlitigated claims of Lei Ming He and Li Ming
Yuan by payment of $21,000. (City Attorney)
File 48-95-33, Resolution No. 65-96
Adopted.
[Settlement of Claim, Nathan Smidt]
Resolution approving the settlement of the
unlitigated claim of Nathan Smidt by payment
of $20,000. (City Attorney)
File 48-95-34, Resolution No. 66-96
Adopted.
[Settlement of Claim, Iliana Segura]
Resolution approving the settlement of the
unlitigated claim of Iliana Segura by payment
of $8,728.37. (City Attorney)
File 48-96-1, Resolution No. 86-96
Adopted.
[State 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, STD
Control Branch, for STD Outreach, Education
and Referral Services; waiving indirect costs.
Sponsor Supervisor Alioto.
File 146-96-1, Resolution No. 87-96
Adopted.
[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. Sponsors Supervisors Alioto, Teng.
File 147-96-2, Resolution No. 89-96
Adopted.
The foregoing items on the Consent Calendar
were acted upon by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
REGULAR CALENDAR
UNFINISHED BUSINESS
From Budget Committee "Without Recommendation"
Adopted
[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. 68-96
(January 2, 1996 - Consideration continued to
January 16, 1996.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Noes: Supervisor Ammiano - 1.
Absent: Supervisor Kaufman - 1.
NEW BUSINESS
Recommendations of Budget Committee
Passed for Second Reading
[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; placing
$492,397 on reserve and providing for
ratification of action previously taken.
(Controller)
File 101-95-35, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Appropriation, Department of Parking and
Traffic]
Ordinance appropriating $266,000, Department of
Parking and Traffic, from the General Fund
Reserve to a capital improvement project for
soil remediation at St. Mary's Square Garage
for fiscal year 1995-96; placing a reserve of
$190,000. (Controller)
File 101-95-36, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Appropriation, Adult Probation Department]
Ordinance appropriating $609,913, 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; placing $18,654 on reserve.
(Controller)
File 101-95-37, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Salary Ordinance Amendment, Adult Probation
Department]
Ordinance amending Ordinance No. 256-95 (Annual
Salary Ordinance, 1995/96), reflecting the
creation of three (3) positions, 8434G Supv.
Adult Probation Officer, 8442G Senior
Probation Officer, 1424G Clerk Typist in the
Adult Probation Department; companion measure
to File 101-95-37. (Department of Human
Resources)
File 102-95-9, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Adopted
[Emergency Repair, Seacliff District]
Resolution authorizing the Director 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 (estimated amount of $3,160,000).
Sponsor Supervisor Shelley.
File 28-96-1, Resolution No. 84-96
(Fiscal Impact.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Amendment of the Whole Adopted;
Adopted as Amended
[General Obligation Bond Sale, 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
((Program)) 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)
File 170-95-6.1, Resolution No. 70-96
(Fiscal Impact.)
Supervisor Hsieh, seconded by Supervisor
Migden, moved an amendment of the whole
entitled, "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."
Amendment of the Whole adopted by the
following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Adopted as amended by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Appointment of President Pro Tempore
At the request of the President, Supervisor
Migden assumed the Chair so the President
could participate in the debate from the floor.
Recommendations of Government Efficiency and
Labor Committee
Passed for Second Reading
[Settlement, Modesto/Turlock Irrigation
Districts]
Ordinance authorizing settlement of regulatory
proceeding 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. Sponsors Supervisors Shelley,
Bierman.
File 46-96-2, Ordinance No.
Supervisor Shelley Excused from Voting
On advise of the City Attorney, Supervisor
Shelley requested to be excused from voting
because of possible conflict of interest.
Thereupon, Supervisor Kennedy, seconded by
Supervisor Bierman, moved to excuse Supervisor
Shelley from voting.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
The roll was then called on the pending
legislation and it was passed for second
reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Teng - 8.
Excused: Supervisor Shelley - 1.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Bierman requested to be added as co-sponsor.
The President resumed the Chair.
[Airport Lease Modification, FAA]
Ordinance approving, retroactively, 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, acting by and
through its Airports Commission. (Airports
Commission)
File 27-96-1, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Land Lease, SFUSD - PTC]
Ordinance authorizing and approving a
thirty-five year lease with the San Francisco
Unified School District, of certain school
district property, located at Marina Middle
School; and ratifying previous actions.
(Public Transportation Commission)
File 65-96-1, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Adopted
[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. Sponsors Supervisors
Leal, Teng.
File 133-94-1.1, Resolution No. 62-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Small Business Revolving Loan Program]
Resolution authorizing, retroactive to June 15,
1995, the Mayor 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.
Sponsors Supervisors Teng, Shelley.
File 68-95-5.1, Resolution No. 67-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Shelley requested to be added as co-sponsor.
[State Grant - Major Urban Resource Libraries]
Resolution authorizing the Public Library to
apply for, retroactively, 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. Sponsors Supervisors
Alioto, Teng.
File 147-96-1, Resolution No. 88-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Federal Grant, Southwest Gateway Improvements]
Resolution authorizing the Department of Public
Works to apply for, retroactively, accept and
expend grant funding in the amount of $240,000
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; placing $240,000 on
reserve. (Department of Public Works)
File 148-96-1, Resolution No. 90-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Federal Grant, Twin Peaks Loop Trail]
Resolution authorizing, retroactively, the
Recreation and Park Department to apply for
grant funds of $750,000, waiving indirect
costs, from the Intermodal Surface
Transportation Efficiency Act, Transportation
Enhancement Funds, for development of the Twin
Peaks Loop Trail. Sponsors Supervisors Leal, Teng,
Shelley.
File 150-95-6, Resolution No. 69-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Shelley requested to be added as co-sponsor.
[Medical Services Agreement]
Resolution authorizing the Director of 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.
(Department of Public Health)
File 172-96-1, Resolution No. 91-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[Federal Grant, Emergency Operations Plan]
Resolution authorizing the Director of the
Department of Building Inspection and other
designated department officials to execute and
file, on behalf of the City and County,
Department of Building Inspection, an
application to apply for federal financial
assistance under the Robert T. Stafford
Federal Disaster Relief and Emergency
Assistance Act for funds to mitigate the
impact of hazards from natural disasters such
as earthquake, rain and wind storms.
Sponsor Supervisor Teng.
File 212-96-1, Resolution No. 93-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Recommendations of Housing and Land Use
Committee
Passed for Second Reading
[Landmark Designation, Brown's Opera House]
Ordinance designating the Brown's Opera House
(Victoria Theater) as Landmark No. 215,
pursuant to Article 10 of the City Planning
Code. Sponsors Supervisors Bierman, Migden, Teng,
Leal.
File 90-95-1, Ordinance No.
(City Planning Resolution No. 13979, adopted
October 19, 1995).
(Landmarks Preservation Advisory Board
Resolution No. 476, adopted May 17, 1995.).
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Leal requested to be added as co-sponsor.
[Landmark Designation, El Capitan Theater/Hotel]
Ordinance designating El Capital Theater and
Hotel as Landmark No. 214 pursuant to Article
10 of the City Planning Code. Sponsors Supervisors
Bierman, Migden, Teng, Leal.
File 90-95-2, Ordinance No.
(City Planning Resolution No. 13988, adopted
October 19, 1995.)
(Landmarks Preservation Advisory Board
Resolution No. 475, adopted May 17, 1995.).
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Leal requested to be added as co-sponsor.
[Landmark Designation, Alhambra Theater]
Ordinance designating Alhambra Theater as
Landmark No. 217 pursuant to Article 10 of the
City Planning Code. Sponsors Supervisors Bierman,
Migden, Teng, Leal.
File 90-95-3, Ordinance No.
(City Planning Resolution No. 14005, adopted
November 9, 1995.)
(Landmarks Preservation Advisory Board
Resolution No. 478, adopted June 7, 1995.).
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Leal, Migden, Shelley, Teng - 8.
Noes: Supervisor Kennedy - 1.
Absent: Supervisor Kaufman - 1.
In connection with the above item, Supervisor
Leal requested to be added as co-sponsor.
[Pacific Stock Exchange Building]
Ordinance amending City Planning Code Appendix
A by adding the 155 Sansome Street portion of
the Pacific Stock Exchange Building to the
list of Category I Buildings (historical
landmark building). Sponsor Supervisor Shelley.
File 115-95-13, Ordinance No.
(November 28, 1994 - Approved pursuant to
City Planning Resolution No. 10165.)
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
[1995 San Francisco Mechanical Code]
Ordinance amending Mechanical Code by adopting
by reference the 1994 Uniform Mechanical Code
as amended by the 1995 California Mechanical
Code, retaining and making applicable to the
State Code all previously adopted San
Francisco amendments to the State Code and
findings of local conditions required by state
law; republishing the retained San Francisco
amendments in a separate volume with corrected
section references and reformatting to
correspond to the new State Code references
and format; and making nonsubstantive
editorial changes to conform the code to
Charter Section 3.750; effective date of
February 19, 1996. (Building Inspection
Commission)
File 122-95-1, Ordinance No.
Passed for second reading by the following
vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
Adopted
[Affordable Housing/3250 17th Street]
Resolution urging the Mayor to negotiate with
the federal government the transfer or sale of
vacant housing at 3250 - 17th Street to a
non-profit housing developer for the purpose
of housing people who are homeless.
Sponsors Supervisors Bierman, Alioto, Teng, Migden,
Kennedy, Shelley.
File 13-95-34, Resolution No. 63-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
In connection with the above item,
Supervisors Kennedy, Shelley requested to be
added as co-sponsors.
Recommendation of Economic Vitality and Social
Policy Committee
Adopted
[Community Intervention for Public Safety]
Resolution urging the Mayor to urge the Housing
Authority, the Department of Public Works, and
other appropriate agencies to work with the
group, Together United Recommitted Forever
(TURF) to devise a comprehensive plan that
would allow for the contracting out of the
streets and grounds maintenance to contractors
who are residents within the affected
communities. Sponsors Supervisors Kennedy, Alioto.
File 206-95-6, Resolution No. 71-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman,
Hsieh, Kennedy, Leal, Migden, Shelley,
Teng - 9.
Absent: Supervisor Kaufman - 1.
PUBLIC COMMENT
The privilege of the floor was granted to the
following persons:
August Longo, Disability Awareness Day;
Gary Johnson, disability placard, parking
in neighborhoods, supporting Captain
Richard Cairns.
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.
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
[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. Sponsors Supervisors
Shelley, Teng.
File 270-95-6.2
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted by the following vote:
Ayes: Supervisors Ammiano, Hsieh, Kennedy,
Leal, Migden, Shelley, Teng - 7.
Absent: Supervisors Alioto, Bierman,
Kaufman - 3.
In connection with the above item, Supervisor
Teng requested to be added as co-sponsor.
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
[Proclaim Chinese New Year Day]
Resolution declaring February 19, 1996 to be
"Celebrating Chinese New Year Day" in San
Francisco in commemoration of the Year of the
Rat. Sponsors Supervisors Hsieh, Shelley, Teng,
Alioto, Ammiano, Bierman, Kaufman, Kennedy,
Leal, Migden.
File 4-96-1, Resolution No. 73-96
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
[Commend Sylvia Harper]
Resolution commending and congratulating San
Francisco Police Captain Sylvia Harper on her
appointment as the Commander of Richmond
District Police Station. Sponsors Supervisors Alioto,
Shelley, Kennedy, Teng.
File 6-96-5, Resolution No. 77-96
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
In connection with the above item,
Supervisors Kennedy, Teng requested to be
added as co-sponsors.
[State Legislation, AB 1982, Same-Sex Marriages]
Resolution opposing Assembly Bill 1982 (Knight)
and urging the Mayor to direct the City's
Lobbyist to urge the State Legislature to
oppose AB 1982 concerning recognition of
same-sex marriages. Sponsors Supervisors Alioto,
Ammiano, Migden, Leal, Bierman, Teng.
File 12-96-3, Resolution No. 82-96
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
In connection with the above item,
Supervisors Bierman, Teng requested to be
added as co-sponsors.
[State Legislation, AB 1001, Education Code]
Resolution requesting that the City Lobbyist
and the San Francisco Delegation in the State
Legislature support adoption of AB 1001 which
would add sexual orientation to the list of
protected categories in the California
Education Code. Sponsors Supervisors Ammiano, Alioto,
Leal, Kaufman, Bierman, Migden, Teng.
File 12-96-4, Resolution No. 83-96
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
In connection with the above item, Supervisor
Teng requested to be added as co-sponsor.
[Mission Armory Task Force]
Resolution creating the Mission Armory Task
Force for a three month period to study
options for the use of the Mission Armory
facility. Sponsors Supervisors Leal, Ammiano, Bierman.
File 174-96-1, Resolution No. 92-96
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
In connection with the above item, Supervisor
Bierman requested to be added as co-sponsor.
[Needle Exchange Emergency]
Motion concurring in the determination of the
Mayor for the continued need for the
declaration of emergency in connection with
the needle exchange program. Sponsors Supervisors
Alioto, Leal, Bierman, Shelley, Migden, Teng,
Hsieh, Ammiano.
File 30-96-1
(January 8, 1995 - Introduced in Board for
consideration on January 16, 1995.)
Adopted.
The foregoing items on the For Adoption
Without Committee Reference Calendar were
adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
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 1-96-3, Resolution No. 72-96
(Barbara Kaufman, member, Board of
Supervisors, January 12 - 16; Frankie G.
Lee, Commissioner, Port of San Francisco,
January 19 - 28; Larry Mazzola, Member,
Airports Commission, January 11 - 13; Louise
H. Renne, City Attorney, Office of City
Attorney, January 14 - 21, 1996.)
Adopted.
The foregoing item on the Immediate Adoption
Calendar was adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
IMPERATIVE CALENDAR
Resolution(s), if any, to be adopted within
limits imposed by the Sunshine Ordinance and
the Ralph M. Brown Act, introduced today, not
on the printed agenda. For such resolutions
to be considered, the Board must first adopt
the following two motions.
Adopted
[Purely Commendatory Finding]
Motion that the Board finds by roll call vote
that the resolutions being considered at this
time are purely commendatory.
Supervisor Kennedy, seconded by Supervisor
Ammiano, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Brown Act Finding]
Motion that the Board find 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
Ammiano, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Imperative Resolutions]
Adopted
[Commend Film Arts Foundation]
Resolution recognizing the Film Arts Foundation
on the occasion of its observance of its 20th
anniversary.
File 004-96-002, Resolution No. 74-96
Supervisors Ammiano, Alioto presented for
immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Proclaim Celebrate Immigrants Day]
Resolution proclaiming January 21, 1996 to be
"Celebrate Immigrants Day" in opposition to
the Immigration Reform Act of 1995.
File 004-96-003, Resolution No. 75-96
Supervisors Hsieh, Shelley, Teng, Alioto,
Ammiano, Bierman, Kennedy, Leal, Migden
presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Proclaim Dr. Milton Estes Day]
Resolution honoring and thanking Dr. Estes for
inspiring the entire ACLU family with his
devotion and commitment to the organization,
his remarkable grasp of complex civil
liberties and his boundless energy and love of
justice and declaring January 26,1996 to be
Milton Estes Day in San Francisco.
File 004-96-004, Resolution No. 76-96
Supervisors Migden, Bierman presented for
immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Commend Herbert V. Gee]
Resolution commending taxi driver Herbert V.
Gee for his courageous apprehension of a
suspected taxi bandit.
File 006-96-007, Resolution No. 78-96
Supervisors Ammiano, Leal presented for
immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Commend William B. Rumford, Jr.]
Resolution congratulating William B. Rumford,
Jr., Ph.D., Chief of Security, on his
retirement after 16 years of service with the
Golden Gate Bridge Highway and Transportation
District.
File 006-96-008, Resolution No. 61-96
Supervisors Kennedy, Shelley, Alioto,
Ammiano, Bierman, Hsieh, Leal, Migden, Teng
presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Commend Robert L. Demmons]
Resolution congratulating Robert L. Demmons on
the Mayor's appointment to the position of the
Chief of Department of the San Francisco Fire
Department and recognizing him for 20 years of
exemplary service as a professional
firefighter.
File 006-96-009, Resolution No. 79-96
Supervisors Kennedy, Teng, Shelley, Alioto,
Ammiano, Bierman, Hsieh, Leal, Migden
presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Silver Avenue 101 On/Off Ramp Reopening]
Resolution commending the neighbors, merchants
and community organizations who helped secure
the reopening of the Silver Avenue 101 on and
off ramps in the Portola neighborhood on the
occasion of the ramps reopening January 18,
1996.
File 006-96-010, Resolution No. 80-96
Supervisors Shelley, Teng, Leal, Alioto
presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
[Commend Fred Lau]
Resolution commending Mayor Brown's appointment
of Fred Lau to the position of Police Chief
and commending Fred Lau for his twenty-five
years of service to the San Francisco
community.
File 006-96-011, Resolution No. 81-96
Supervisors Teng, Hsieh, Shelley, Kennedy,
Ammiano, Alioto, Bierman, Kaufman, Leal,
Migden for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh,
Kennedy, Leal, Migden, Shelley, Teng - 8.
Absent: Supervisors Alioto, Kaufman - 2.
OFF-CALENDAR LEGISLATION
ROLL CALL FOR INTRODUCTION OF MEASURES AND
COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE
Referred to Committee
[Tour Bus Restrictions]
Ordinance amending Police Code Section 1183.13
regarding tour bus restrictions on El Camino
Del Mar and adding Section 1183.26 regarding
tour bus restrictions on 25th Avenue.
Supervisor Shelley presented. Referred to
Rules Committee.
File 121-96-002.
Referred to Board
[Commend Alice Fong Yu]
Resolution commending Alice Fong Yu and the
Alice Fong Yu Alternative School and declaring
January 27, 1996 to be Alice Fong Yu
Alternative School Day in San Francisco.
Supervisors Teng, Ammiano, Bierman, Kennedy,
Leal, Hsieh, Shelley, Alioto presented.
Referred to Board for Adoption Without
Committee Reference Calendar January 22, 1996.
File 006-96-012.
[Nazi Records]
Resolution urging the Department of State in
Hamburg, Germany to cease the destruction of
files in the State Archives in Hamburg
pertaining to criminal cases during the Nazi
period. Supervisors Migden, Bierman
presented. Referred to Board for Adoption
Without Committee Reference Calendar January
22, 1996.
File 013-96-001.
Referred to Committee
[Traffic Regulations, Geary/Park-Presidio]
Resolution rescinding the "No Left Turn"
restriction and establishing a "No Left Turn
Except Buses" restriction for eastbound Geary
Boulevard at Park-Presidio Boulevard.
Supervisor Shelley presented. Referred to
Rules Committee.
File 020-96-003.
Referred to Board
[Social Services Program Task Force]
Resolution requesting the Human Rights
Commission create a task force to investigate
and make recommendations to the Mayor and the
Board of Supervisors regarding problems and
issues arising from city funded social
services programs operated by churches and
religious organizations. Supervisors Ammiano,
Leal, Migden, Alioto presented. Referred to
Board for Adoption Without Committee Reference
Calendar January 22, 1996.
File 174-96-002.
Referred to Committee
[Disabled Placard Misuse Violation]
Resolution implementing Vehicle Code Section
22511.57 to establish a violation for misuse
of a disabled placard when the placard has
been reported lost, stolen or issued to person
since deceased. Supervisor Shelley presented.
Referred to Rules Committee.
File 190-96-001.
[Public Market, Central Waterfront]
Resolution in support of the San Francisco
Public Market Collaborative and its plans to
establish a permanent public market and
education center on San Francisco's Central
Waterfront. Supervisor Leal presented.
Referred to Housing and Land Use Committee.
File 219-96-001.
[Redevelopment Survey Area, Lower Broadway]
Resolution designating and describing a
Redevelopment Survey Area within the City and
County of San Francisco pursuant to the
California Community Redevelopment Law
encompassing the three parcels of land and
adjacent public rights of way along Lower
Broadway formerly encumbered by the
Embarcadero Freeway (Assessor's Block-Lot
Numbers 140-8, 141-11, 165-21). Supervisors
Teng, Bierman, Shelley presented. Referred to
Budget Committee.
File 220-96-001.
Requests for Hearings:
[Management Audit, Tax Collector's Office]
Hearing to consider the status of the
recommendations contained in the management
audit of the Tax Collector's Office.
Supervisor Hsieh presented. Referred to
Budget Committee.
File 165-95-004.02.
[Bay Area Rapid Transit District Police]
Hearing to consider the operations and
management oversight of the Bay Area Rapid
Transit District Police. Supervisor Ammiano
presented. Referred to Health/Public
Safety/Environment Committee.
File 012-96-006.
[Street Lighting]
Hearing to consider the feasibility of
increasing street lighting in San Francisco
including the placement, types, costs and
financing of lights and environmental
documentation. Supervisor Bierman presented.
Referred to Housing and Land Use Committee.
File 191-96-001.
[San Bruno Jail]
Hearing to consider the safety and condition of
the county jail in San Bruno as well as the
Sheriff's firing range. Supervisor Shelley
presented. Referred to Rules Committee.
File 195-96-001.
[Public Toilet, Kiosks, JC Decaux Company]
Hearing to consider the JC Decaux Company's
kiosks as it relates to disability access
issues and compliance with the contract
between the City and JC Decaux. Supervisor
Bierman presented. Referred to Government
Efficiency/Labor Committee.
File 200-96-001.
[Youth Commission]
Hearing to consider the distribution of Youth
Commission candidate applications and the time
line for appointments in light of the Mayor's
diversity appointments. Supervisor Alioto
presented. Referred to Rules Committee with
request it be considered at the February 6,
1996 meeting.
File 215-96-001.
Introduced by the President at the Request of
Departments
Ordinances Referred to Committee
File 027-96-002. [Airport Lease Modification,
American Airlines] Ordinance approving
Modification No. 7 of Lease and Use Agreement
between American Airlines, Inc. and City and
County of San Francisco, acting by and through
its Airports Commission. (Airports
Commission) Referred to Government
Efficiency/Labor Committee.
File 097-96-001. [Farmers' Market Hours of
Operation] Ordinance amending Section 9A.12 of
the San Francisco Administrative Code to allow
the Farmers' Market to operate on Sundays.
(Department of Agriculture and Weights and
Measures) Referred to Government
Efficiency/Labor Committee.
File 101-95-041. [Appropriation, Recreation
and Park] Ordinance appropriating $250,000,
Recreation and Park Department, from the
General Fund Reserve to a capital improvement
project, to match funds for the design of the
reconstruction of Conservatory of Flowers for
fiscal year 1995-96. RO #95124. (Controller)
Referred to Budget Committee.
File 101-95-042. [Appropriation, Recreation
and Park] Ordinance appropriating $542,800,
Recreation and Park Department, from the
General Fund Reserve for other current
expenses, materials and supplies and overtime
for storm damage repair for fiscal year
1995-96. RO #95123. (Controller) Referred to
Budget Committee.
File 101-95-043. [Appropriation, Mayor's
Office] Ordinance appropriating $142,937,
Mayor's Office, from the General Fund Reserve
for salaries and fringe benefits for fiscal
year 1995-96; placing $142,937 on reserve.
(Estimate of vested vacation and fringes) RO
#95122. (Controller) Referred to Budget
Committee.
File 106-95-002.01. [Compensation,
Unrepresented Employees, Amendment] Ordinance
amending Ordinance No. 136-95 to correct a
clerical error to the provisions setting the
City contribution to Health Insurance for
unrepresented employees for fiscal year
1995-96. (Department of Human Resources)
Referred to Government Efficiency/Labor
Committee.
Resolutions Referred to Committee
File 038-96-002. [Gift Acceptance, SF Public
Library] Resolution authorizing the Library
Commission to accept a gift of a van to
Project Read from LSCA Title I funds
administered by the California Library Service
Board, California Library Literacy Service
matching funds, and private donations.
(Public Library) Referred to Budget Committee.
File 048-96-004. [Settlement of Claim,
Universal Underwriters Insurance Company]
Resolution approving the settlement of the
unlitigated claim of Universal Underwriters
Insurance Company by payment of $6,581.69.
(City Attorney) Referred to Government
Efficiency/Labor Committee.
File 048-96-005. [Settlement of Claim, Jia
Jing Liu] Resolution approving the settlement
of the unlitigated claim of Jia Jing Liu by
payment of $48,000. (City Attorney) Referred
to Government Efficiency/Labor Committee.
File 078-96-001. [Health Service System
Contributions] Resolution establishing the
contribution to be made to the Health Service
System by City and County, Unified School
District and Community College District for
fiscal year 1996-97. (Health Service System)
Referred to Government Efficiency/Labor
Committee.
File 187-96-001. [Trial Court Funding,
1996-97] Resolution electing to become subject
to the provisions of the State Trial Court
Funding program for the period of July 1, 1996
through June 30, 1997. (Controller) Referred
to Budget Committee.
Requests Granted
There being no objection, the Board directed
the Clerk to comply with the following
requests:
By Supervisor Kennedy, that letter be sent to
His Honor, the Mayor, transmitting documents
concerning the redevelopment project at 1708
Laguna Street and requesting an investigation
of alleged building code violations and
conflicts between the developer, prime
contractor, subcontractor and
sub-subcontractors regarding non-payment and
offer to pay workers non-prevailing wage for
work already performed, which is a violation
of the affirmative action program of the
City's minority business enterprise program.
File 161-96-1.
By Supervisor Kennedy, that letter be sent to
Director, Building inspection Department
transmitting documents concerning the
redevelopment project at 1708 Laguna Street
and requesting that an inspector be sent to
investigate and a report provided to the Board
on whether there are violations of the San
Francisco Building Code at this site. File
161-96-1.
By Supervisor Kennedy, that letter be sent to
City Attorney transmitting documents
concerning the redevelopment project at 1708
Laguna Street and requesting information and
guidance regarding issues of non-payment and
not paying prevailing wage for work already
performed. File 161-96-1.
By Supervisor Kennedy, that letter be sent to
the Honorable Redevelopment Commission
transmitting documents concerning the
redevelopment project at 1708 Laguna Street
and requesting the Commission hold hearings to
consider whether there are violations of the
affirmative action program of the minority
business enterprise program regarding
non-payment and offer to pay workers
non-prevailing wage for work already performed
in order to bring a resolution to the
conflict. File 161-96-1.
By Supervisor Bierman, that letters be sent to
JC Decaux Company and Director of Public Works
requesting their attendance at a meeting
called to consider the JC Decaux Company's
kiosks as it relates to disability access
issues and compliance with the contract
between the City and JC Decaux, with
particular attention to accessibility of the
kiosks while in a wheelchair, ratio of toilets
to kiosks and rotating kiosks. File 200-96-1.
Motions Adopted
Motion that the Board adjourn its meeting this
date out of respect to the memory of the
following deceased:
Mrs. Brugmann (By the entire Board)
Russ Cone (By the entire Board)
Robert Sams Sponsor Supervisor Kennedy.
Gabriel Wildwood Trupin Sponsor Supervisor Bierman.
Ina Jean Ravarra Sponsor Supervisor Leal.
Ma'ave Lealaimatafao Sponsor Supervisor Ammiano.
File 2-96-3
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at
the hour of 3:59 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 12, 1996
I, John L. Taylor, Clerk of the Board of
Supervisors of the City and County of San
Francisco, hereby certify that the foregoing
is a true and correct copy of the Journal of
Proceedings of said Board on the date stated
and was approved as recited.
John L.
Taylor
Clerk of the Board
of Supervisors