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February 26, 1996



JOURNAL OF PROCEEDINGS

BOARD OF SUPERVISORS




Monday, February 26, 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 2:07 p.m. On call of the roll, the following Supervisors were
noted present:

Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9.

Noted absent at first roll call:

Supervisors Alioto, Hsieh - 2.

Quorum present.

Supervisor Hsieh excused, on official leave of absence.

Supervisor Alioto excused. (See infra.)


Supervisor Alioto Excused

The Clerk stated Supervisor Alioto requested to be excused from attending today's meeting.

Supervisor Ammiano, seconded by Supervisor Bierman, moved to excuse Supervisor Alioto.

Motion adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


CONSENT CALENDAR


Severed from Consent Calendar

Supervisor Yaki requested that the following measure be severed from the Consent Calendar and
considered separately.

Recommendation of Housing and Land Use Committee


Question Divided; Adopted as Divided

[Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use
Committee)

File 19-96-3, Resolution No. 193-96

(Diagonal (45-Degree Angle) Parking - Establish
Townsend Street, both sides, between 2nd Street and the Embarcadero (legalizes existing arrangement).

((Perpendicular (90-Degree Angle) Parking - Establish
Hampshire Street, west side, between 18th and 20th Streets.))

Unmetered Motorcycle Parking - Establish
Phelan Avenue, west side, from 20 feet to 160 feet north of the south crosswalk at the southerly Cloud
Circle access the City College Campus (140-foot zone, accommodating 40 motorcycles).



One-Hour Parking Time Limit, 7 AM - 6 PM, Monday through Saturday -
Rescind
Parking Meter Area No. 3 (2-Hour Time Limit, 9 AM - 6 PM, Monday
through Saturday) - Establish
Post Street, both sides, between Franklin and Gough Streets.

One-Hour Parking Time Limit, 7 AM - 6 PM, Monday through Saturday -
Rescind
Parking Meter Area No. 3(2-Hour Time Limit, 9 AM - 6 PM, Monday
through Friday) - Establish
Battery Street, west side, between Green and Union Streets.
Green Street, north side, between Sansome and Battery Streets.
Vallejo Street, both sides, between Sansome and Battery Streets.

((Two-Hour Parking Time Limit, 7AM - 6 PM, Except Sunday - Rescind
Parking Meter Area No. 3 (2-Hour Time Limit, 9 AM - 6 PM, Monday
through Saturday) - Establish
Harrison Street, both sides, between 3rd and 4th Streets.))

Parking Meter Area No. 2 (2-Hour Time Limit, 7 AM - 6 PM, Monday
through Saturday) - Establish
Bryant Street, both sides, between 2nd and 3rd Streets.)

At the request of Supervisor Yaki, the question was divided with
respect to Hampshire Street so the matter could be considered
separately.

At the request of Supervisor Kennedy, the question was divided with
respect to Harrison Street so the matter could be considered
separately.


The roll was then called on the main resolution and it was adopted
as divided, by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Consideration Continued

[Parking Regulations, Hampshire Street]
Resolution enacting parking regulations at Hampshire Street.

File 19-96-3.1

Supervisor Yaki, seconded by Supervisor Migden, moved to continue
consideration to March 11, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Rereferred to Committee as Divided

[Parking Regulations, Harrison Street]
Resolution enacting and rescinding parking regulations at Harrison
Street.

File 19-96-3.2

Supervisor Kennedy, seconded by Supervisor Yaki, moved to rerefer,
as divided, to Housing and Land Use Committee.

Motion to rerefer to Committee adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


The Board resumed its consideration of the following items on the
Consent Calendar.


Consent Calendar

Recommendation of Joint Rules/Budget Committee

Finally Passed

[Combined Emergency Communications Center, 1003 Turk Street]
Ordinance selecting and setting aside certain real property at 1003
Turk Street in the Margaret S. Hayward Playground, Assessor's Block
759, Lot 1, for the construction and operation of a new Combined

Emergency Communications Center; adopting findings that such project is
in conformity with the Master Plan and consistent with the eight
priority policies of City Planning Code Section 101.1; and adopting
and incorporating findings pursuant to the California Environmental
Quality Act. Sponsors Supervisors Shelley, Hsieh, Teng, Kennedy, Yaki,
Ammiano.

File 216-95-1.1, Ordinance No. 80-96

(Fiscal Impact.)

Finally passed.


Recommendations of Government Efficiency and Labor Committee


Finally Passed

[Flavio Medina, et al., v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Flavio and Jovita
Medina against the City and County, by payment of $6,162.42. (City
Attorney)

File 45-96-5, Ordinance No. 81-96

(Municipal Court No. 117-249.)

Finally passed.


[Marcia Rayene, v. CCSF]
Ordinance authorizing settlement of litigation of Marcia Rayene against
the City and County by payment of $9,850. (City Attorney)

File 45-96-6, Ordinance No. 82-96

(Municipal Court No. 112-371.)

Finally passed.


[Consuelo Bartenfeld v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Consuelo Bartenfeld
against the City and County by payment of $14,500. (City Attorney)

File 45-96-7, Ordinance No. 83-96

(Superior Court No. 961-353.)

Finally passed.

[CCSF v. Palace Enterprises]
Ordinance authorizing settlement of litigation of City and County v.
Palace Enterprises et al., for defendants' payment of $25,000 in
penalties to the City and stipulation to a permanent injunction.
(City Attorney)

File 46-96-4, Ordinance No. 84-96

(Superior Court No. 969-380.)

Finally passed.


[MOU, Implementing Provisions, Local 6]
Ordinance adopting and implementing the provisions of a departmental
Memorandum of Understanding between the International Brotherhood of
Electrical Workers, Local 6 and the Department of Transportation to be
attached to the current citywide Memorandum of Understanding as
Appendix 6, effective for the period March 1, 1996 through June 30,
1996. (Department of Human Resources)

File 93-96-2, Ordinance No. 89-96

Finally passed.


[Employee Pay Warrants]
Ordinance amending Administrative Code, relating to the designation of
person to receive warrants or checks on death of employee.
(Controller)

File 97-96-3, Ordinance No. 85-96


(Adds Section 18.7.1.)

Finally passed.


[Assessment Appeals Board, Hearing Officers]
Ordinance amending Administrative Code, changing the number of hearing
officers selected from among the alternate members of the Assessment
Appeals Boards. Sponsor Supervisor Kaufman.

File 97-96-4, Ordinance No. 86-96

(Amends Section 2B.14.)

Finally passed.


[Public Health Laboratory Services]
Ordinance amending Administrative Code, to authorize the Director of
Public Health to contract for laboratory services with
non-governmental parties. (Department of Public Health)

File 97-96-5, Ordinance No. 87-96

(Amends Section 19A.20.)

Finally passed.


Recommendations of Housing and Land Use Committee

Adopted

[Stop Intersections]
Resolution designating certain intersections as Stop intersections.
(Housing and Land Use Committee)

File 18-96-4, Resolution No. 192-96

(Stop Signs - Establish
Frederick and Shrader Streets, northeast, northwest, and southwest
corners, stopping all approaches (makes this an all-way Stop).

Hawes and Shafter Avenues, northwest and southeast corners, stopping
Hawes Avenue (makes this a 2-way Stop).)

Adopted.


The foregoing items on the Consent Calendar were acted upon by the
following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


REGULAR CALENDAR


UNFINISHED BUSINESS


From the Clerk


Adopted

[Findings]
Motion adopting findings related to the appeal of the City Planning
Commission's approval of Conditional Use Application No. 95.255C, for
a planned unit development which allows the demolition of a
fire-damaged, two-story commercial structure and accessory parking
lot, construction of 30 low income rental dwelling units and 30
off-street parking spaces, authorizes exceptions from Planning Code
requirements for rear yard depth, front setback, and moderation of
building front, and authorizes conditional use approval for a building
height of 46 feet in an RM-1 (Lot 1A-Mixed Residential, Low Density)
and RM-2 (Lot 1-Residential, Mixed Moderate Density) District with a
50-X Height and Bulk designation on property located at 1010 South Van
Ness Avenue (Lots 1 and 1A in Assessor's Block 3615). (Clerk of the
Board)

File 37-95-9.4



Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


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.


Recommendation of Housing and Land Use Committee

(Supervisor Teng dissenting in Committee.)

Passed for Second Reading

[Zoning Map Amendment, Lakeside Subdivision]
Ordinance amending City Planning Code by amending the Zoning Map of the
City and County for certain properties in the Lakeside Subdivision,
generally bounded by Eucalyptus Drive on the north and Junipero Serra
Boulevard and 19th Avenue on the east, south and west, all of
Assessor's Blocks 7228, 7229, 7229A, 7230, 7232, 7233, 7234, 7235,
7238, 7238A, 7239, 7239A, 7240, 7240A, 7241, 7242, and 7243, and all
of Assessor's Block 7231 except Lot 3, all of Assessor's Block 7236
except Lot 1, all of Assessor's Block 7237 except Lot 9, and all of
Assessor's Block 7244 except Lot 17 from a 40-X Height and Bulk
District to a 28-X Height and Bulk District. (Department of City
Planning)

File 36-95-8, Ordinance No.

(City Planning Resolution No. 14024, adopted December 7, 1995.)
(General Rule Exclusion from Environmental Review.)

(January 29, 1996 - Consideration continued to February 26, 1996.)

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.

Recommendation of Rules Committee

Finally Passed

[Tour Bus Restrictions, El Camino Del Mar/25th Avenue]
Ordinance amending Police Code, regarding tour bus restrictions on El
Camino Del Mar, and on 25th Avenue, the provisions of this ordinance
to expire on June 30, 1996. Sponsor Supervisor Shelley.

File 121-96-2, Ordinance No. 88-96

(Amends Section 1183.13;
Adds Section 1183.26.)

Finally passed by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


The President resumed the Chair.


NEW BUSINESS


Recommendations of Budget Committee


Passed for Second Reading

[Appropriation, Fire Department]
Ordinance appropriating $1,600,000, Fire Department, of 1992 Fire
Protection Bond interest earnings, for a capital improvement project
(design and architectural projects for various fire stations), for
fiscal year 1995-96; placing $558,000 on reserve. (Controller)



File 101-95-45, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[Appropriation, Police Department]
Ordinance appropriating and rescinding $25,352, Police Department, of
General Fund salaries for the creation and deletion of one (1)
position for fiscal year 1995-96 (reclassify Class 9205A,
Communications Coordinator). Sponsor Supervisor Shelley.

File 101-95-51, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[Salary Ordinance Amendment, Police Department]
Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96) reflecting the creation of one (1) position, 8245N
Communications Manager SFPD and the deletion of one (1) position,
9205A Airport Communications Coordinator; companion measure to File
101-95-51. Sponsor Supervisor Shelley.

File 102-95-14, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[Appropriation, Police Department]
Ordinance appropriating and rescinding $380,942, Police Department, of
General Fund salaries for the creation and deletion of twelve (12)
positions for fiscal year 1995-96. (Controller)

File 101-95-53, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[Salary Ordinance Amendment, Police Department]
Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96) reflecting the creation of twelve (12) positions
(Classifications Q60N Lieutenant (11), 0395N Assistant Chief of Police
(1), and the deletion of twelve (12) positions (Classifications Q50A
Sergeant (11), 0400A Deputy Chief (1); companion measure to File
101-95-53. (Department of Human Resources)

File 102-95-13, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.

[Appropriation, Police Department]
Ordinance appropriating $183,200, Police Department, of Narcotics
Forfeiture and Asset Seizure Funds to purchase laboratory equipment
for fiscal year 1995-96; placing $183,200 on reserve. (Controller)

File 101-95-54, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Adopted

[Temporary Construction Easement]
Resolution authorizing the City and County to acquire, on behalf of the
Department of Public Works, a temporary construction easement through
a portion of the real property identified as Assessor's Parcel No.
4347A/1/2 and to adopt findings pursuant to City Planning Code Section
101.1. (Real Estate Department)

File 82-96-2, Resolution No. 194-96

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Recommendations of Health, Public Safety and Environment Committee

Consideration Continued

[Proposition 200 - March 26th election]
Resolution opposing California State Proposition 200, which places
limitations on attorneys and citizens' liberties by restricting tort
liability. Sponsors Supervisors Alioto, Kennedy.

File 60-96-1, Resolution No.

Supervisor Kennedy, seconded by Supervisor Ammiano, moved to
continue consideration to March 4, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Consideration Continued

[Proposition 202 - March 26th election]
Resolution opposing California State Proposition 202, which places
limitations on attorneys and citizens' liberties by restricting
attorney contingent fees. Sponsors Supervisors Alioto, Kennedy.

File 60-96-1.2, Resolution No.

Supervisor Kennedy, seconded by Supervisor Ammiano, moved to
continue consideration to March 4, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


From Health, Public Safety and Environment Committee
Without Recommendation

Consideration Continued

[Proposition 201 - March 26th election]
Resolution opposing California State Proposition 201, which places
limitations on attorneys and citizens' liberties by discouraging
shareholder actions. Sponsors Supervisors Alioto, Kennedy.

File 60-96-1.1, Resolution No.

Supervisor Kennedy, seconded by Supervisor Ammiano, moved to
continue consideration to March 4, 1996.

Motion to continue adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.




Recommendations of Housing and Land Use Committee

Passed for Second Reading

[Demolition of Landmarks and Buildings in Historic Districts]
Ordinance amending City Planning Code, to set forth a new definition
of, and procedures for, demolition. Sponsors Supervisors Bierman, Ammiano.

File 115-95-3, Ordinance No.

(Amends Sections 1005 and 1006.6.)

(City Planning Resolution No. 13932, adopted August 3, 1995.)
(Exemption/Exclusion from Environmental Review.)

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


In connection with the above item, Supervisor Ammiano requested to
be added as co-sponsor.


[Underground District No. 310, Presidio Heights]
Ordinance amending Ordinance No. 178-94, which amended Ordinance No.
220-79, to redefine Underground District No. 310, Presidio Heights
District, by requiring that all aerial utility facilities in this
district, including those located on private property or in rear
easements, be placed underground, and by requiring property owners to
provide and maintain the underground supporting structures on their
property. (Department of Public Works)

File 52-96-1, Ordinance No.

Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Adopted

[Liquor License, 350 Seventh Avenue]
Resolution determining that the issuance of a Type 21 off-sale general
license to Smart and Final for store at 350 Seventh Avenue, will serve
the public convenience and necessity of the people of the City and
County, in accordance with Section 23958.4 of the California Business
and Professions Code; with conditions. (Housing and Land Use
Committee)

File 223-96-2, Resolution No. 199-96

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Appointment of President Pro Tempore

At the request of the President, Supervisor Bierman assumed the
Chair so the President could participate in the debate from the floor.


Recommendations of Rules Committee


Passed for Second Reading

[Newspaper Theft]
Ordinance amending Police Code, to prohibit the unauthorized removal of
newspapers from newsracks, storefronts and residential properties.
Sponsors Supervisors Shelley, Leal.

File 121-96-3, Ordinance No.

(Adds Section 630.)



Passed for second reading by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


In connection with the above item, Supervisor Leal requested to be
added as co-sponsor.


Rereferred to Committee

[Appointment]
Resolution appointing member to the Bay Area Library and Information
System Advisory Board, for the new two-year term ending December 31,
1997. (Rules Committee)

File 92-96-4, Resolution No.

(James Chaffee, Seat No. 21301, public-at-large and underserved
residents in system, vice Donna Miller Casey, term expired.)

Supervisor Kaufman, seconded by Supervisor Kennedy, moved to rerefer
to Committee.

Motion to rerefer to Committee adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Adopted

[Misuse of Disabled Placard]
Resolution implementing Vehicle Code 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. Sponsors Supervisors
Shelley, Kaufman, Migden, Ammiano, Yaki, Teng, Leal, Bierman, Kennedy.

File 190-96-1, Resolution No. 195-96

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


In connection with the above item, Supervisors Kaufman, Migden,
Ammiano, Yaki, Teng, Leal, Bierman, Kennedy requested to be added as
co-sponsors.


The President resumed the Chair.


PUBLIC COMMENT

The privilege of the floor was granted to the following persons:

August Longo, Disability Awareness Day;
Michael Petrelis, condoms for gay men;
Leboriae P. Smoore, police brutality;
Lois Roberts, library information referral services fee;
Philip Palmer, Community Bank of the Bay;
Richard Schulke, animal control, pit bull problem;
Cecil Adams, Community Bank of the Bay;
Jesus Gumson, employment issues;
Jo Ann Hendrix, corruption in federal government;
male speaker, ballpark issue;
Joe Braverman, hostile behavior.

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 Leal requested that the following measure be severed from
the For Adoption Without Committee Reference Calendar and considered
separately.

Adopted as Amended

[Commend Herb Caen]
Resolution commending Herb Caen, columnist for the San Francisco
Chronicle, on the occasion of his 80th birthday on April 3, 1996.
Sponsors Supervisors Leal, Migden, Kaufman, Bierman, Alioto, Shelley, Ammiano,
Teng, Yaki, Kennedy.

File 6-96-25, Resolution No. 189-96

(February 12, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Supervisor Leal, seconded by Supervisor Ammiano, moved an amendment
of the whole bearing same title.

Motion to amend adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


Adopted as amended by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


In connection with the above item, Supervisors Ammiano, Teng, Yaki,
Kennedy requested to be added as co-sponsors.


The Board thereupon resumed its consideration of the following items
on the For Adoption Without Committee Reference Calendar.


For Adoption Without Committee Reference Calendar

Adopted

[Supporting State Legislation - AB 2242]
Resolution supporting AB 2242 regarding sidewalk food display counters
and urging the State Legislature to approve passage. Sponsors Supervisors
Kaufman, Migden, Teng, Leal, Yaki.

File 12-96-10, Resolution No. 191-96

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


In connection with the above item, Supervisors Teng, Leal, Yaki
requested to be added as co-sponsors.


[OCC/SFPD Early Warning System]
Resolution urging the Police Commission adopt an "Early Warning" system
to reduce potential misconduct problems in the Police Department.
Sponsors Supervisors Ammiano, Teng, Yaki, Bierman.

File 207-96-3, Resolution No. 196-96

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


In connection with the above item, Supervisors Teng, Yaki, Bierman
requested to be added as co-sponsors.


[Citywide School Health Plan]
Resolution supporting the development of a citywide school health plan
that will serve as a framework for program development and resource
allocation at all public school sites and will also serve as a guide
for public agencies in serving children in the parochial and
independent school systems within San Francisco. Sponsors Supervisors Yaki,
Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Kaufman,
Alioto, Teng.

File 211-96-3, Resolution No. 197-96

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


In connection with the above item, Supervisors Alioto, Teng
requested to be added as co-sponsors.


[Human Rights Commission]
Resolution requesting that the Human Rights Commission consider and
recommend to the Board of Supervisors ways by which businesses
offering domestic partner benefits to their employees could receive
favorable consideration when city contracts are awarded. Sponsors Supervisors
Ammiano, Migden, Leal, Bierman, Alioto, Teng, Yaki.

File 232-96-1, Resolution No. 198-96

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


In connection with the above item, Supervisors Alioto, Teng, Yaki
requested to be added as co-sponsors.


[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, Bierman.

File 270-95-6.5

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


In connection with the above item, Supervisors Teng, Bierman
requested to be added as co-sponsors.


[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 30-96-1.3

(February 20, 1996 - Introduced in Board for consideration on
February 26, 1996.)

Adopted.


The foregoing items on the For Adoption Without Committee Reference
Calendar were adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 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 1-96-9, Resolution No. 188-96

(Michael Hardeman, Commissioner, Port of San Francisco, February 22
- 23; Doris M. Ward, Assessor, Assessor's Office, March 1 - 5,
1996.)

Adopted.

The foregoing item on the Immediate Adoption Calendar was adopted by
the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 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, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[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 Ammiano, moved adoption.

Adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.


[Imperative Resolution]

[Welcome Labor Forum]
Resolution welcoming the participants of a public forum on Sprint/La
Conexion Familiar labor concerns to San Francisco on February 27,
1996.

File 006-96-028, Resolution No. 190-96

Supervisors Shelley, Leal, Bierman presented for immediate adoption.

Resolution adopted by the following vote:

Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Alioto, Hsieh - 2.




OFF-CALENDAR LEGISLATION

ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE

Referred to Committee

[Sick Leave/Vacation Benefits Transfer]
Ordinance amending Administrative Code Section 16.9-29 relating to the
transfer of sick leave and vacation benefits to catastrophically ill
employees, by eliminating the limitation on the maximum number of
hours that can be transferred to an employee for any single
catastrophic illness. Supervisors Kennedy, Alioto presented.
Referred to Economic Vitality/Social Policy Committee.

File 097-96-008.01.


Referred to Board

[Disabilities Acts (ADA, IDEA)]
Resolution supporting the American with Disabilities Act (ADA) and the
Individuals with Disabilities Education Act (IDEA) and urging the
Advisory Commission on Intergovernmental Relations not to support
recommendations which weaken the ADA or the IDEA. Supervisors Leal,
Yaki, Teng presented. Referred to Board for Adoption Without
Committee Reference Calendar March 4, 1996.

File 013-96-006.


[Summer Youth Employment]
Resolution urging the United States Congress and the President to
restore funding for the summer and year-round youth employment
programs and to give this matter a high priority in the current budget
negotiations. Supervisors Yaki, Kennedy, Ammiano, Migden, Kaufman,
Bierman, Leal, Shelley presented. Referred to Board for Adoption
Without Committee Reference Calendar March 4, 1996.

File 013-96-007.


[Office of Citizen Complaints Quarterly Report]
Receipt of the first quarterly report submitted by the Office of
Citizen Complaints (to be referred to the Health, Public Safety and
Environment Committee pursuant to Charter Section 3.530-2). Scheduled
for Board meeting of March 4, 1996, by direction of the President at
the request of Supervisor Ammiano.

File 227-96-002.


Introduced by the President at the Request of Departments

Ordinances Referred to Committee

File 115-96-004. [Mission Bay Nonconforming Uses Text Amendment]
Ordinance amending Planning Code by amending Section 983(e)(3) to
provide a 25-year nonconforming use termination period beyond the
current 10-year termination period for fully enclosed warehouse
buildings east of Third Street. (Department of City Planning)
Referred to Housing and Land Use Committee.


Resolutions Referred to Committee

File 033-96-002. [Appointment, Port Commission] Resolution confirming
Mayor's appointment of James R. Herman to the San Francisco Port
Commission. (Mayor) Referred to Rules Committee.

File 038-96-005. [Gift Acceptance, Police Department] Resolution
authorizing the Chief of Police to accept, on behalf of the San
Francisco Police Department, a redistribution gift of four (4) utility
vehicles from the U.S. Department of Defense. (Police Commission.
Referred to Government Efficiency/Labor Committee.

File 146-96-005. [State Grant, Immunization Information System]
Resolution authorizing the Department of Public Health, Community
Public Health Services to accept and expend a grant of $180,000 from
the State Department of Health Services to develop an immunization
information system; waiving indirect costs. (Department of Public
Health) Referred to Government Efficiency/Labor Committee.

File 146-96-006. [Grant, Centralized Substance Abuse Treatment]
Resolution authorizing the Department of Public Health, Division of
Mental Health and Substance Abuse Services to accept and expend an
augmentation to a grant up to the amount of $1,262,373 which excludes
indirect costs from the United States Department of Health and Human
Services, Center for Substance Abuse Treatment through the State of
California, Department of Alcohol and Drug Programs to provide
centralized substance abuse treatment enhancement and placement
services in San Francisco as part of the "San Francisco Target Cities
Project"; waiving indirect costs and providing for action previously
taken. (Also see File 146-93-58) (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 City Attorney prepare ordinance amending
Municipal Code, Part III, Article 7, Section 515, to fund the Museum
of the City of San Francisco from the Hotel Room Tax Fund.

By Supervisor Kennedy, that letter be sent to Karen Patterson-Matthew,
Executive Director, Bayview Hunterpoint Foundation, requesting report
regarding the status of the Critical Incident Response Team and the
status of the Advisory Committee to the Critical Incident Response
Team.

By Supervisor Kennedy, that letter be sent to his Honor, Mayor Brown,
indicating the Board of Supervisors' support of the Community Bank of
the Bay as stated in Resolution 483-95 and urging his attention and
support in matching Oakland's equity investment of $1,000,000 and
their grants assistance of $50,000.


Motions Adopted

Motion that the Board adjourn its meeting this date out of respect to
the memory of the following deceased:

Stephanie Alioto Wilhelm Sponsor Supervisor Alioto.
Juan Pedro Gaffney Sponsor Supervisor Alioto.
Vincent John Mullins Sponsor Supervisor Bierman.

File 2-96-9

Unanimously adopted by a rising vote.


ADJOURNMENT


There being no further business, the Board at the hour of 3:33 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 March 18, 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

Last updated: 5/26/2010 4:52:12 PM