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March 04, 1996



JOURNAL OF PROCEEDINGS

BOARD OF SUPERVISORS




Monday, March 4, 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 2:06 p.m. On call of the roll, the following Supervisors were
noted present:

Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10.

Noted absent at first roll call:

Supervisor Kennedy - 1.

Quorum present.

Supervisor Kennedy excused. (See infra.)


Supervisor Kennedy Excused

The Clerk stated Supervisor Kennedy requested to be excused from attending today's meeting because of
illness.

Supervisor Kaufman, seconded by Supervisor Teng, moved to excuse Supervisor Kennedy.

Motion adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


APPROVAL OF JOURNALS

There being no errors, corrections or omissions, Supervisor Migden, seconded by Supervisor Teng, moved
that the Journal of Proceedings for Monday, February 5, 1996, be approved.

Motion carried by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


CONSENT CALENDAR


Recommendations of Budget Committee

Finally Passed

[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. 91-96

(Fiscal Impact.)

Finally passed.





[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, Airport
Communications Coordinator). Sponsor Supervisor Shelley.

File 101-95-51, Ordinance No. 92-96

Finally passed.



[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. 96-96

Finally passed.

[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. 93-96

Finally passed.



[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. 95-96

Finally passed.



[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. 94-96

Finally passed.



Recommendations of Housing and Land Use Committee

Finally Passed

[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. 97-96

(Amends Sections 1005 and 1006.6.)

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

Finally passed.


[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. 98-96

Finally passed.



Recommendation of Rules Committee

Finally Passed

[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. 99-96

(Adds Section 630.)

Finally passed.



Recommendations of Government Efficiency and Labor Committee

Passed for Second Reading

[Julia Bontempi v. CCSF]
Ordinance authorizing settlement of litigation of Julia Bontempi
against the City and County by payment of $9,000. (City Attorney)

File 45-96-8, Ordinance No.

(Superior Court No. 967-530.)

Passed for second reading.



[Kevin B. Williams v. CCSF]
Ordinance authorizing settlement of litigation of Kevin B. Williams
against the City and County, Gerald Costanzo, John J. Walsh, Herman
Alcade, Terry Jourgenson, Peter Jamero and Edwin Lee by payment of
$65,000. (City Attorney)

File 45-96-9, Ordinance No.

(U.S.C.A. No. 93-16090 and California Court of Appeals No. AO70423.)

Passed for second reading.



[Riva Mintz v. CCSF]
Ordinance authorizing settlement of litigation of Riva Mintz against
the City and County by payment of $25,000. (City Attorney)

File 45-96-10, Ordinance No.

(Superior Court No. 956-066.)

Passed for second reading.



[Progressive Insurance Co. v. CCSF]
Ordinance authorizing settlement of litigation of Progressive Insurance
Company against the City and County by payment of $8,000. (City
Attorney)

File 45-96-12, Ordinance No.

(S.F. Municipal Court No. 117744.)

Passed for second reading.





[Troy J. Scalise v. CCSF]
Ordinance authorizing settlement of litigation of Troy J. Scalise
against the City and County by payment of $20,000. (City Attorney)

File 45-96-13, Ordinance No.

(Superior Court No. 950-383.)

Passed for second reading.



[Wright v. Contreras]
Ordinance authorizing settlement of litigation of Willie Wright v.
Fernando Jose Contreras, et al. by payment of $15,000. (City Attorney)

File 45-96-14, Ordinance No.

(Superior Court No. 953-700.)

Passed for second reading.

Adopted

[Settlement of Claim, Claude and Valarie Cooper]
Resolution approving the settlement of the unlitigated claim of Claude
and Valarie Cooper by payment of $8,750. (City Attorney)

File 48-96-8, Resolution No. 207-96

Adopted.


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

Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Leal, Migden,
Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



REGULAR CALENDAR


UNFINISHED BUSINESS


Recommendations of Health, Public Safety and Environment Committee

Adopted

[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. 208-96

(February 26, 1996 - Consideration continued to March 4, 1996.)

Adopted by the following vote:

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

Noes: Supervisor Hsieh - 1.

Absent: Supervisor Kennedy - 1.



[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. 210-96

(February 26, 1996 - Consideration continued to March 4, 1996.)



Adopted by the following vote:

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

Noes: Supervisor Hsieh - 1.

Absent: Supervisor Kennedy - 1.



From Health, Public Safety and Environment Committee
Without Recommendation

Adopted

[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. 209-96

(February 26, 1996 - Consideration continued to March 4, 1996.)

Ayes: Supervisors Alioto, Ammiano, Bierman, Leal, Migden, Shelley,
Teng, Yaki - 8.

Noes: Supervisors Hsieh, Kaufman - 2.

Absent: Supervisor Kennedy - 1.



Recommendation of Housing and Land Use Committee

Finally Passed

[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. 90-96

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

Finally passed by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


NEW BUSINESS


Recommendations of Budget Committee

Passed for Second Reading

[Appropriation, Registrar of Voters]
Ordinance appropriating $141,521, Registrar of Voters, from the General
Fund Reserve for salaries, fringe benefits, other current expenses and
equipment for the creation of one (1) position for fiscal year
1995-96. (Controller)

File 101-95-52, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.



Absent: Supervisor Kennedy - 1.



[Salary Ordinance Amendment, Registrar of Voters]
Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96) Registrar of Voters, reflecting the creation of one (1)
position (Classification 1819N, MIS Specialist III); companion measure
to File 101-95-52. (Department of Human Resources)

File 102-95-11, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Appropriation, Airport]
Ordinance appropriating $14,188,100, Airport, of interest earnings from
various capital improvement project and bond funds of the Airport to
various capital improvement projects (Five Year Capital Projects Plan
and Master Plan Projects), for fiscal year 1995-96; placing $8,892,599
on reserve. (Controller)

File 101-95-56, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Appropriation, Fire Department]
Ordinance appropriating $597,410, Fire Department, of 1992 Fire
Protection Bond Proceeds (Proposition C), for various capital
improvement projects, for fiscal year 1995-96; placing $215,000 on
reserve. (Controller)

File 101-95-57, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Appropriation, Airport]
Ordinance appropriating $801,000, Airport, of Narcotics Forfeiture and
Asset Seizure Fund Revenues to purchase equipment to enhance the
Narcotics Interdiction Program for fiscal year 1995-96; placing
$390,359 on reserve. (Controller)

File 101-95-58, Ordinance No.

(Fiscal Impact.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


Adopted

[Airport Revenue Bonds]
Resolution approving the issuance of up to $82,300,000 aggregate
principal amount of San Francisco International Airport Second Series
Revenue Bonds for the purpose of financing the Master Plan

Mitigation Noise Insulation Program in accordance with the Master Plan
Mitigation Memorandum of Understanding, together with certain
infrastructure projects at San Francisco International Airport.
(Airports Commission)

File 170-96-1, Resolution No. 212-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



Recommendation of Joint Budget/Housing and Land Use Committee

Adopted as Amended

[Transbay Terminal]
Resolution indicating the Board of Supervisors preference for the Main
and Beale Streets at Howard Street site as the location for a
replacement facility to the Transbay Transit Terminal and indicating
the Board's preference for an underground CalTrain terminal extension
at the current Transbay Terminal site and urging the Mayor to take
those steps necessary, with CALTRANS, the Metropolitan Transportation
Commission, and other parties as appropriate, to initiate project
planning activities for a replacement transit terminal at the Main and
Beale location; urging maximization of private sector participation
and development incorporating commercial uses at the terminal and
further urging the Mayor to urge the City Planning and Redevelopment
staffs to continue the important Transbay Area Study land use planning
effort, employing as assumptions that the existing Transbay Transit
Terminal will be replaced with a new terminal at Main and Beale
Streets. (Mayor, Supervisor Hsieh)

File 85-95-6, Resolution No. 200-96

Supervisor Yaki, seconded by Supervisor Hsieh, moved to amend page
two, line 3, after "process" by inserting "must" and delete the "s" in
"includes"; amend page two, line 18, by inserting the following
further resolved clause: "Further Resolved, That the Board of
Supervisors does hereby urge the Mayor to request the City Planning
and Redevelopment Agency Staffs along with Caltrans, the Metropolitan
Transportation Commission and other parties as appropriate, to seek to
maximize private sector participation and development incorporating
significant commercial uses, such as retail, entertainment or other
services in the development of a transit terminal". Title amended
accordingly on page one, line 15, after "Location" by inserting ";
urging maximization of private sector participation and development
incorporating commercial uses at the terminal".

Motion to amend adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Migden,
Shelley, Teng, Yaki - 9.

Absent: Supervisors Kaufman, Kennedy - 2.


Adopted as amended by the following vote:

Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Migden, Shelley,
Teng, Yaki - 9.

Absent: Supervisors Kaufman, Kennedy - 2.



Recommendation of Economic Vitality and Social Policy Committee

Passed for Second Reading

[Repeal of Flat Rate Airport Fare]
Ordinance amending Police Code, to delete the flat rate fare for groups
of passengers traveling to or from the San Francisco International
Airport. Sponsor Supervisor Kennedy.

File 121-96-4, Ordinance No.

(Amends Section 1135.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.





Recommendations of Government Efficiency and Labor Committee

Passed for Second Reading

[Phillip Gonzales/Rosalynda Gonzales v. CCSF]
Ordinance authorizing settlement of litigation of Phillip Gonzales and
Rosalynda Tavarez-Gonzales against the City and County by payment of
$35,000. (City Attorney)

File 45-96-11, Ordinance No.

(San Bernardino Superior Court Nos. SC04291 and 11637.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Execution of Leases, Mayor's Office]
Ordinance amending Administrative Code, relating to execution of leases
entered into by the City and County as lessee, to allow the Mayor's
Director of Finance, as well as the Mayor, to execute these leases.
(Real Estate Department)

File 97-96-7, Ordinance No.

(Amends Section 23.20.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


Adopted

[Waiving Statute of Limitations]
Resolution waiving the Statute of Limitations with respect to payment
of certain warrants of the City and County, in the amount of $2,690.78
a legal obligation of the City and County. (Controller)

File 23-96-1, Resolution No. 206-96

(Alison Matsunaga, $1,587.54; George Elkin, $1,103.24.)

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Exempt Rank, Assistant Police Chief]
Resolution approving the exempt rank and position of Assistant Chief of
the Police Department pursuant to Charter Section 3.530. (Police
Commission)

File 102-95-15, Resolution No. 201-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Grant - State, Household Hazardous Waste]
Resolution authorizing the Chief Administrative Officer to accept and
expend $86,289 in discretionary grant funding from the California
Integrated Waste Management Board (CIWMB); waiving indirect costs;
placing $71,250 on reserve. (Chief Administrative Officer)

File 133-96-2, Resolution No. 211-96

Adopted by the following vote:



Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 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.


[Stadium Naming Rights Agreement]
Resolution approving a stadium naming rights agreement with the San
Francisco 49ers ("3COM Park") for the period from February 1, 1996
through January 31, 2000. Sponsors Supervisors Ammiano, Teng, Yaki, Shelley
Alioto.

File 172-96-2, Resolution No. 213-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


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


The President reassumed the Chair.



[Federal Grant, Mission Street Transit Project]
Resolution authorizing the Public Transportation Commission to apply
for, retroactively, accept and expend up to $1,250,000 (including
local match) of Federal Transit Administration Capital Assistance
Section 3 funds to carry out Livable Urban Streets-Mission Street
Transit Demonstration Project Activities; placing $1,250,000 on
reserve. Sponsors Supervisors Leal, Kaufman, Alioto, Bierman, Yaki.

File 213-96-1, Resolution No. 214-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


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



[Federal Grant, Municipal Railway Projects]
Resolution authorizing the Public Transportation Commission to apply
for, accept, and expend $2,161,536 of Federal Enhancement Program
Assistance and $285,047 from various local match sources such as State
Transit Capital Improvement Funds, State Clean Air and Transportation
Improvement Act Bond Funds, and various regional local match funds
such as State Transit Assistance Funds, Transportation Development Act
Funds, Bridge Toll Net Revenues, Gas Tax Revenue, Transit Impact
Development Fees, San Francisco Municipal Railway Improvement
Corporation Funds, the San Francisco County Sales Taxes, and/or Hetch
Hetchy Funds for three Municipal Railway projects, including $58,316
of indirect costs; placing $2,324,254 on reserve. (Public
Transportation Commission)

File 213-96-2, Resolution No. 215-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.



[Grant - Federal Funds]
Resolution authorizing the Human Rights Commission to apply for, accept
and expend retroactively, a grant of $151,891 from the United States
Department of Housing and Urban Development to provide for a

fair housing education and outreach program; placing $69,280 on
reserve. Sponsors Supervisors Shelley, Alioto.

File 230-96-1, Resolution No. 216-96

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


Recommendation of Select Committee on Municipal Public Power

Passed for Second Reading

[PUC - Franchises]
Ordinance amending Administrative Code, to provide that the report
regarding the feasibility of municipalizing the electricity utilities
distribution system in San Francisco shall be submitted by the Public
Utilities Commission to the Board of Supervisors by October 30, 1996,
rather than June 30, 1996. Sponsor Supervisor Alioto.

File 97-96-6, Ordinance No.

(Amends Section 11.08.)

Passed for second reading by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Shelley, Teng, Yaki - 10.

Absent: Supervisor Kennedy - 1.


From the President

Report Received; Referred to Committee

[Office of Citizen Complaints Quarterly Report]
Report by the Office of Citizen Complaints, the first quarterly report
required by Proposition G of November 1995. Sponsor Supervisor Ammiano.

File 227-96-2

A brief oral report and a complete written report was submitted by
the department representative.

Referred to Health, Public Safety and Environment Committee by the
President pursuant to Charter Section 3.530-2.



Appointment of President Pro Tempore

At the request of the President, Supervisor Yaki assumed the Chair.


SPECIAL ORDER 3:00 P.M.

Hearing Held

[Public Hearing]
Hearing of persons interested in or objecting to the decision of the
Acting Director of Public Works and Advisory Agency, by its letter
dated January 29, 1996 disapproving Parcel Map of Lot 15A in
Assessor's Block 661 for a 2-unit condominium conversion at 1822-24
Webster Street.

File 59-96-1

(Appeal filed February 7, 1996.)

The following persons were sworn in and granted privilege of the
floor:

Appellants:
Marsha Rosenberger.

Respondents:
Denise Brady, Department of Public Works.

The President then declared the hearing closed.





From the Clerk

(Only one of the following two motions should be adopted.)

Tabled

[Parcel Map]
Motion approving decision of the Acting Director of Public Works and
Advisory Agency, disapproving Parcel Map of proposed 2-unit
condominium conversion of Lot 15A, in Assessor's Block 661 of property
located at 1822-24 Webster Street.

File 59-96-1.1

Supervisor Teng, seconded by Supervisor Leal, moved to table.

Tabled by the following vote:

Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden,
Teng, Yaki - 8.

Absent: Supervisors Ammiano, Kennedy, Shelley - 3.



Adopted as Amended

[Parcel Map]
Motion disapproving decision of the Acting Director of Public Works and
Advisory Agency, disapproving Parcel Map of proposed 2-unit
condominium conversion of Lot 15A, in Assessor's Block 661 of property
located at 1822 - 24 Webster Street and approving parcel map with
condition.

File 59-96-1.2

Supervisor Leal, seconded by Supervisor Alioto, moved to amend
title, line 5, after "Street" by inserting "and approving parcel map
with condition"; amend line 14, after "disapproved" by adding "; and,
be it Further Moved, That the Board of Supervisors approves the parcel
map with condition that the owner obtains a variance from City
Planning".

Motion to amend adopted by the following vote:

Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden,
Teng, Yaki - 8.

Absent: Supervisors Ammiano, Kennedy, Shelley - 3.


Adopted as amended by the following vote:

Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden,
Teng, Yaki - 8.

Absent: Supervisors Ammiano, Kennedy, Shelley - 3.


Adopted

[Findings]
Motion directing the Clerk of the Board to prepare findings relating to
parcel map of proposed 2-unit condominium conversion of Lot 15A, in
Assessor's Block 661 of property located at 1822-24 Webster Street,
for consideration by the Board at its next meeting.

File 59-96-1.3

Adopted by the following vote:

Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Migden, Teng, Yaki - 9.

Absent: Supervisors Kennedy, Shelley - 2.



PUBLIC COMMENT

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

Shelley Salieri, bond debt financing;
Leboriae P. Smoore, police brutality;



Marie Harrison, power plant at Bayview Hunters Point;
Imogene Bubbard, power plant at Bayview Hunters Point;
Frances Sanders, Municipal Railway services, rude drivers.

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

[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. Sponsors Supervisors Leal,
Yaki, Teng, Shelley, Alioto, Bierman, Ammiano, Kaufman, Hsieh.

File 13-96-6, Resolution No. 204-96

(February 26, 1996 - Introduced in Board for consideration on March
4, 1996.)

Adopted.


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


[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. Sponsors Supervisors Yaki, Kennedy, Ammiano, Migden, Kaufman,
Bierman, Leal, Shelley, Alioto.

File 13-96-7, Resolution No. 205-96

(February 26, 1996 - Introduced in Board for consideration on March
4, 1996.)

Adopted.


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

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

Absent: Supervisors Alioto, Kennedy - 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 1-96-10, Resolution No. 202-96

(Barbara Kaufman, member, Board of Supervisors, March 7 - 12; Willie
B. Kennedy, member, Board of Supervisors, March 9 - 13; Michael J.
Yaki, member, Board of Supervisors, March 7 - March 11; Michael S.
Strunsky, Commissioner, Airports Commission, February 28 - March 1,
1996.)

Adopted.




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

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

Absent: Supervisors Alioto, Kennedy - 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 Teng, seconded by Supervisor Leal, moved adoption.

Adopted by the following vote:

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

Absent: Supervisors Alioto, Kennedy - 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 Teng, seconded by Supervisor Leal, moved adoption.

Adopted by the following vote:

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

Absent: Supervisors Alioto, Kennedy - 2.



[Imperative Resolution]

Adopted

[Proclaim Weights and Measures Week]
Resolution declaring March 1-7, 1996 to be Weights and Measures Week in
the City and County of San Francisco.

File 004-96-005, Resolution No. 203-96

Supervisors Teng, Migden presented for immediate adoption.

Resolution adopted by the following vote:

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

Absent: Supervisors Alioto, Kennedy - 2.



OFF-CALENDAR LEGISLATION


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

Referred to Committee

[Myanmar, Burma]
Draft ordinance amending Administrative Code by adding Chapter 12J,
Sections 12J.1 to 12J.9 to prohibit contracts for personal services
with those who do business in or with Burma (Myanmar) and prohibit the
purchase of commodities produced in Burma (Myanmar) or provided by
those who do business in or with

Burma (Myanmar). Supervisors Ammiano, Bierman, Alioto presented.
Referred to Government Efficiency/ Labor Committee.

File 097-96-010.


[Possessory Tax]
Draft ordinance amending Administrative Code Section 23.6.1 to require
Board of Supervisors approval of all agreements potentially involving
a possessory tax assessment. Supervisor Ammiano presented. Referred
to Budget Committee.

File 097-96-011.


[Interim Zoning Controls, Union Square Signs]
Resolution extending for an additional twelve months Interim Zoning
Controls prohibiting the approval of general advertising signs within
200 feet of the park known as Union Square and facing said park but
allowing replacement signs and deleting the special exceptions from
the roof sign and height limitations for general advertising signs
within 200 feet of Union Square. Supervisors Bierman, Alioto
presented. Referred to Housing and Land Use Committee.

File 111-95-001.01.


Referred to Board

[Cycle Messenger World Championship 1996]
Resolution supporting Cycle Messenger World Championship 1996 in San
Francisco. Supervisors Migden, Bierman, Alioto presented. Referred
to Board for Adoption Without Committee Reference Calendar March 11,
1996.

File 006-96-029.


[Commend Yvonne Y. Lee]
Resolution commending Yvonne Y. Lee and declaring March 15, 1996 Yvonne
Y. Lee Day in San Francisco. Supervisors Teng, Hsieh, Yaki, Shelley,
Alioto, Bierman, Kaufman presented. Referred to Board for Adoption
Without Committee Reference Calendar March 11, 1996.

File 006-96-030.


[State Legislation, SB 1964, Gender Identity]
Resolution urging the State Assembly and State Senate to enact SB 1964
relating to gender identity. Supervisors Ammiano, Alioto presented.
Referred to Board for Adoption Without Committee Reference Calendar
March 11, 1996.

File 012-96-011.


[Federal Funding, BART to Airport]
Resolution urging the Subcommittee on Transportation and related
agencies appropriations to recommend continued funding for the BART
San Francisco Airport extension in the fiscal year 1997 budget to the
Committee on Appropriations of the United States House of
Representatives. Supervisors Shelley, Alioto presented. Referred to
Board for Adoption Without Committee Reference Calendar March 11, 1996.

File 013-96-008.


Referred to Committee

[Garment Industry, HUD Guidelines]
Resolution urging the U.S. Housing and Urban Development Department to
revise the underwriting criteria to allow small business owners more
accessibility to the Mayor's Office of Community Development revolving
loan fund. Supervisors Teng, Bierman, Alioto presented. Referred to
Government Efficiency/Labor Committee with request it be considered on
March 26, 1996.

File 013-96-009.


[HIV/AIDS Prevention, Alternative Condom]
Resolution urging the Director of Public Health to take any necessary
steps to make available the "female condom" to men as well as women as
an additional means to prevent HIV infection. Supervisors Ammiano,
Alioto presented. Referred to Health/Public Safety/Environment
Committee.

File 030-96-002.




[Gift, Lyon Street Garden Maintenance]
Resolution accepting and acknowledging a gift of $38,393.08 provided to
the City and County by Lucille and George Jewett, Jr. for the
maintenance of the permitted Lyon Street Garden during calendar year
1995 and thanking Lucille and George Jewett, Jr. for their generous
and beneficial gift. Supervisor Kaufman presented. Referred to
Budget Committee with request it be considered on March 13, 1996.

File 038-96-006.


[Election, California Civil Rights Initiative]
Resolution establishing policy opposing the California Civil Rights
Initiative, joining the Mayor in his efforts to oppose this measure
and educate the San Francisco electorate about its negative impact on
the City and County and supporting the efforts of "Freedom Summer
1996". Supervisors Teng, Leal, Alioto presented. Referred to
Government Efficiency/Labor Committee.

File 060-96-003.


[Garment Industry, MOCD Revolving Loan Fund]
Resolution establishing a minimum of one million dollars ($1m)
revolving loan fund of the U.S. Housing and Urban Development Section
108 funding to meet the needs expressed by small business owners in
the garment industry. Supervisors Teng, Bierman, Alioto presented.
Referred to Government Efficiency/Labor Committee with request it be
considered on March 26, 1996.

File 068-96-002.


Referred to Board

[Garment Industry Policy]
Resolution establishing a policy to retain and expand garment jobs in
San Francisco and to develop an industrial policy to retain and
encourage manufacturing industry in San Francisco. Supervisors Teng,
Ammiano, Yaki, Bierman, Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar March 11, 1996.

File 176-96-001.01.


Referred to Committee

[Moratorium, Industrial Facilities]
Resolution urging Mayor Willie L. Brown, Jr. to urge all City
departments and agencies to refrain from taking, permitting or
approving any action that would result in the development of any major
industrial facility in the Bayview Hunters Point Community for
eighteen months. Supervisor Alioto presented. Referred to
Health/Public Safety/Environment Committee.

File 234-96-001.


Referred to Board


[Child Custody, Sharon Bottoms]
Resolution urging the Appeals Courts of the Commonwealth of Virginia to
overturn the recent court decision denying Sharon Bottoms custody of
her child. Supervisors Ammiano, Migden, Leal, Alioto, Bierman, Kaufman
presented. Referred to Board for Adoption Without Committee Reference
Calendar March 11, 1996.

File 235-96-001.


Referred to Committee


[Sexual Predator Law, AB 888]
Resolution designating the District Attorney to assume responsibility
for proceedings brought under AB 888, the new State sexual predator
law. Supervisors Kaufman, Alioto presented. Referred to
Health/Public Safety/Environment Committee.

File 236-96-001.


Requests for Hearings:



[Municipal Railway Evening Services]
Hearing to evaluate and examine evening and night ridership on
Municipal Railway buses throughout the City with the possibility of
using smaller, less costly vehicles and/or re-routing of current
patterns or shifting buses from low to high volume areas. Supervisor
Yaki, Bierman presented. Referred to Government Efficiency/Labor
Committee with request it be considered on March 26, 1996.

File 007-96-002.


[Lead Poisoning Prevention]
Hearing to consider the Lead Poisoning Prevention Citizen Advisory
Committee's Annual Report. Supervisor Shelley presented. Referred to
Rules Committee.

File 030-96-003.


[Health Department, Deloitte & Touche Report]
Hearing to consider the 1995 Annual Report from Deloitte and Touche
Consulting Group which summarizes consulting activities performed at
the Department of Public Health to enhance revenues and reduce costs.
Supervisor Hsieh presented. Referred to Budget Committee.

File 030-96-004.


[New Jobs Tax Credit Extension]
Hearing to consider amending the Municipal Code, Part III, Sections
906B and 1005.6 to extend the New Jobs Tax Credit Revenue and Finance
code five years to December 31, 2002. Supervisor Kaufman presented.
Referred to Budget Committee.

File 127-96-002.


[Office of Medical-Examiner/Coroner]
Hearing to consider the operations, management and activities of the
Office of the Chief Medical Examiner/Coroner. Supervisor Ammiano
presented. Referred to Government Efficiency/Labor Committee.

File 186-96-001.


[Sanchez Hill Development]
Hearing to consider the Sanchez Hill development. Supervisors Migden,
Bierman presented. Referred to Housing and Land Use Committee with
request it be considered on March 21, 1996.

File 238-96-001.


Motions:

Referred to Board

[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. Supervisors Shelley, Teng, Bierman presented. Referred
to Board for Adoption Without Committee Reference Calendar March 11,
1996.

File 270-95-006.06.


[Local Emergency, Needle Exchange Program]
Motion concurring in the determination of the Mayor for the continued
need for the declaration of emergency in connection with the needle
exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Migden,
Teng, Hsieh, Ammiano presented. Referred to Board for Adoption
Without Committee Reference Calendar March 11, 1996.

File 030-96-001.04.



Introduced by the President at the Request of Departments

Ordinances Referred to Committee

File 045-96-015. [Pan Marine Constructors, Inc. v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Pan Marine
Constructors, Inc. against the City and County of San Francisco by
payment of $26,293.30. (Superior Court No. 961-083). (City Attorney)
Referred to Government Efficiency/Labor Committee.



File 045-96-016. [Michael Lavella, v. CCSF] Ordinance authorizing
settlement of litigation of Michael Lavella against the City and
County of San Francisco by payment of $25,000. (Also see File
46-96-1). (Superior Court No. 955-039). (City Attorney) Referred to
Government Efficiency/Labor Committee.

File 097-96-009. [Health Service Plans & Rates of Contribution]
Ordinance amending Administrative Code Section 16.157, approving
Health Service System Plans and Rates of Contribution as adopted by
the Health Service Board. (Department of Human Resources) Referred
to Government Efficiency/Labor Committee.

File 101-95-060. [Appropriation, Mayor's Office] Ordinance
appropriating $100,000, Mayor's Office, from the General Fund Reserve
for salaries and fringe benefits for fiscal year 1995-96; placing
$13,493 on reserve. (Estimate of vested vacation and fringes). RO
#95122. (Controller) Referred to Budget Committee.


Resolutions Referred to Committee

File 025-96-002. [Prop J Contract, Janitorial Services] Resolution
concurring with the Controller's certification that janitorial
services can be practically performed at the office of the Controller
at 160 South Van Ness Avenue by private contractor for lower cost than
similar work services performed by City and County employees.
(Controller) Referred to Government Efficiency/Labor Committee.

File 040-96-007. [Residential Parking Area "I", Bartlett Street]
Resolution extending the boundaries of Residential Permit Parking Area
"I" in the Bartlett Street 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 040-96-008. [Residential Parking Area "C", Chinatown-Nob Hill]
Resolution extending the boundaries of Residential Permit Parking Area
"C" in the Chinatown-Nob Hill 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 047-95-013.01. [Management Agreement, Lombard Street Garage]
Resolution confirming award of the Management Agreement to Pacific
Park Management, for the operation of the Lombard Street Garage.
(Real Estate Department) Referred to Government Efficiency/Labor
Committee.

File 048-96-009. [Settlement of Claim, Oleg G. Shakhnazarov]
Resolution approving the settlement of the unlitigated claim of
Oleg G. Shakhnazarov by payment of $9,500.00. (City Attorney)
Referred to Government Efficiency/Labor Committee.

File 133-96-003. [Local Government Commission/CIWMB Receipt]
Resolution authorizing the Chief Administrative Officer (CAO) of the
City and County of San Francisco to accept and expend $7,500 from the
Local Government Commission/California Integrated Waste Management
Board. (Chief Administrative Officer) 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 to amend
the Health Code to reduce the number of members for the Lead Hazard
Reduction Citizens Advisory Committee.

By Supervisors Teng, Bierman, that City Attorney prepare ordinance
which would provide payroll tax credits to garment companies which
have documented reinvestment in technical equipment or human
resources such as retraining.

By Supervisors Yaki, Bierman, that Budget Analyst study the feasibility
of a youth employment tax credit which would apply to both year-round
and temporary employment of youth and its impact on the general fund.

By Supervisor Ammiano, that letter be sent to his Honor, the Mayor,
inquiring whether he proposes to make appointments to the existing
Small Business Advisory Commission or is it his intention to suggest
creation of a new body to address the concerns of San Francisco's
small and neighborhood serving businesses.

By Supervisor Bierman, that City Attorney prepare legislation which
would establish the Haight Ashbury Alcoholic Beverage Special Use
District in the area including Haight Street from Divisadero to
Stanyan; Divisadero Street from Waller to Fulton; and Hayes Street
from Divisadero to Stanyan.

By Supervisor Kaufman, that City Attorney prepare ordinance amending
Municipal Code, Part III, Sections 906B and 1005.6 to extend the New
Jobs Tax Credit Revenue and Finance Code five years to December 31,
2002. File 127-96-2.





Motions Adopted

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

Mary Catherine Gaffney Sponsor Supervisor Alioto.
Christian Haren (By the entire Board)
Elbert "Pee Wee" Claybrook (By the entire Board)
Hui-Shu Zhao Sponsor Supervisor Teng.
Mr. Cheng (By the entire Board)

File 2-96-10

Unanimously adopted by a rising vote.



ADJOURNMENT


There being no further business, the Board at the hour of 3:29 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 April 1, 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