JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Monday, April 1, 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.
CALLING THE ROLL
In the absence of President Kevin Shelley, the meeting was called to order at 2:03 p.m. by the Clerk.
On call of the roll, the following Supervisors were noted present:
Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8.
Noted absent at first roll call:
Supervisors Shelley, Teng - 2.
Quorum present.
Supervisor Shelley excused. (See infra.)
Supervisor Teng excused, on official leave of absence.
Election of President Pro Tempore
Following roll call of attendance by the Clerk, Supervisor Kennedy, seconded by Supervisor Leal, moved
that Supervisor Alioto be appointed President Pro Tempore.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Supervisor Shelley Excused
The Clerk stated Supervisor Shelley requested to be excused from attending today's meeting because of
illness.
Supervisor Kennedy, seconded by Supervisor Yaki, moved to excuse Supervisor Shelley.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
APPROVAL OF JOURNALS
There being no errors, corrections or omissions, Supervisor Kennedy, seconded by Supervisor Leal,
moved that the Journals of Proceedings for Monday, March 4 and Monday, March 11, 1996, be approved.
Motion carried by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
COMMUNICATION
The Clerk presented the following communication:
March 27, 1996
Mr. John L. Taylor
Clerk of the Board
Board of Supervisors
401 Van Ness Ave., Room 308
San Francisco, CA 94102
Subject: Resignation
Dear Mr. Taylor:
As I am slated to join the California State Assembly on March 28, 1996,
I hereby resign from the office of member of the Board of Supervisors
of the City and County of San Francisco effective on my swearing in
and taking office.
I also hereby resign from the position I hold on the Board of Directors
of the Golden Gate Bridge, Highway and Transportation District, and my
position as Commissioner of the San Francisco County Transportation
Authority.
This resignation is sent to you in accordance with the provisions of
California Government Code Section 1750.
I have enjoyed working with my colleagues on the Board and with you and
your staff. I am sure that we will continue to work together in the
future.
Sincerely,
Carole Migden
cc: Hon. Willie L. Brown, Jr.
Hon. Kevin Shelley
Golden Gate Bridge District
San Francisco County Transportation Authority
CONSENT CALENDAR
Recommendations of Budget Committee
Finally Passed
[Appropriation, Fire Department]
Ordinance appropriating $3,900,223, Fire Department, of 1986 Fire
Protection Bond interest earnings for various capital improvement
projects (repair fireboat Phoenix, motorized AWSS control valve, AWSS
storage tank, and AWSS facilities) for fiscal year 1995-96; placing
$3,269,850 on reserve. (Controller)
File 101-95-61, Ordinance No. 127-96
Finally passed.
Passed for Second Reading
[Appropriation, Airport]
Ordinance appropriating $81,065,500, Airport, of 1992 Airport Revenue
Bond proceeds for capital improvements and professional services to
allow the Airport to implement the Master Plan Mitigation Noise
Insulation Program for fiscal year 1995-96. (Controller)
File 101-95-67, Ordinance No.
Passed for second reading.
[Appropriation, Department of Public Health]
Ordinance appropriating $20,000,000 to allow San Francisco General
Hospital to participate in the SB 1255 Disproportionate Share Payment
Program through the California Medical Assistance Commission during
fiscal year 1995-96. Funded from miscellaneous Health Department
revenues. Sponsors Supervisors Hsieh, Alioto.
File 101-95-68, Ordinance No.
Passed for second reading.
Recommendation of Economic Vitality and Social Policy Committee
Finally Passed
[Sick Leave/Vacation Benefits Transfer]
Ordinance amending Administrative Code, 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.
Sponsors Supervisors Kennedy, Alioto, Teng.
File 97-96-8.1, Ordinance No. 131-96
(Amends Section 16.9-29.)
Finally passed.
Recommendations of Government Efficiency and Labor Committee
Finally Passed
[Pan Marine Constructors, Inc. v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Pan Marine
Constructors, Inc. against the City and County by payment of
$26,293.30. (City Attorney)
File 45-96-15, Ordinance No. 128-96
(Superior Court No. 961-083.)
Finally passed.
[Michael Lavella v. CCSF]
Ordinance authorizing settlement of litigation of Michael Lavella
against the City and County by payment of $25,000. (City Attorney)
File 45-96-16, Ordinance No. 129-96
(Superior Court No. 955-038.)
Finally passed.
[MOU, Arbitrator's Award, Local 21]
Ordinance adopting and implementing the provisions of an arbitrator's
award interpreting the provisions of the Memorandum of Understanding
regarding the compensation of 5273 Principal Architect; 5270 Senior
Architect, 5268 Architect; 5266 Architectural Associate II; 5265
Architectural Associate I and 5274 Landscape Architect, between the
International Federation of Professional and Technical Engineers,
Local 21, AFL-CIO and the City and County, to be effective retroactive
to July 1, 1993 through June 30, 1997. (Department of Human Resources)
File 93-96-1, Ordinance No. 130-96
(Fiscal Impact.)
Finally passed.
Passed for Second Reading
[Airport North Terminal Concession Lease]
Ordinance approving the "North Terminal California Products Shop Lease"
between Marilla Chocolate Company Inc. and the City and County, acting
by and through its Airports Commission. (Airports Commission)
File 27-96-4, Ordinance No.
Passed for second reading.
[Morales v. CCSF]
Ordinance authorizing settlement of litigation of Epitacia Morales
against the City and County by payment of $40,000. (City Attorney)
File 45-96-17, Ordinance No.
(Superior Court No. 966-482)
Passed for second reading.
[CCSF v. Ilitovich, et al]
Ordinance authorizing settlement of the litigation of City and County
v. Eugenie S. Ilitovich, et al., in the amount of Seventy Three
Thousand Dollars ($73,000). (City Attorney)
File 46-96-5, Ordinance No.
(Superior Court No. 968-593)
Passed for second reading.
Adopted
[Settlement of Claim, Gary and Anita Godwin]
Resolution approving the settlement of the unlitigated claim of Gary
and Anita Godwin by payment of $12,500. (City Attorney)
File 48-96-10, Resolution No. 290-96
Adopted.
[SDI Coverage, 1364 Special Assistant V]
Resolution authorizing enrollment of classification 1364 Special
Assistant V into the State Disability Insurance Program. (Department
of Human Resources)
File 89-96-1, Resolution No. 291-96
Adopted.
[SDI Coverage, 1362 Special Assistant III]
Resolution authorizing enrollment of classification 1362 Special
Assistant III into the State Disability Insurance Program.
(Department of Human Resources)
File 89-96-2, Resolution No. 292-96
Adopted.
Recommendations of Housing and Land Use Committee
Adopted
[Residential Parking Area "I", Bartlett Street]
Resolution extending the boundaries of Residential Permit Parking Area
"I" in the Bartlett Street Area and adding Shotwell Street, between
Twenty-Third and Twenty-Fourth Streets, both sides, to the list of
streets upon which time limitations shall apply. (Department of
Parking and Traffic)
File 40-96-7, Resolution No. 288-96
Adopted.
[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 Hyde Street, between
Post and Sutter Streets, both sides, to the list of streets upon which
time limitations shall apply. (Department of Parking and Traffic)
File 40-96-8, Resolution No. 289-96
Adopted.
Recommendation of Rules Committee
Finally Passed
[Vehicle Alarms]
Ordinance amending Police Code, to decrease the length of time (from 15
to 5 minutes) an audible vehicle alarm system may sound. Sponsors Supervisors
Shelley, Alioto, Kaufman, Teng.
File 121-94-10, Ordinance No. 126-96
(Amends Section 3703.)
Finally passed.
The foregoing items on the Consent Calendar were acted upon by the
following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendation of Government Efficiency and Labor Committee
Consideration Continued
[Health Service Plans and Rates of Contribution]
Ordinance amending Administrative Code, approving Health Service System
Plans and Rates of Contribution as adopted by the Health Service
Board. (Department of Human Resources)
File 97-96-9, Ordinance No.
(Amends Section 16.157.)
Supervisor Kennedy, seconded by Supervisor Leal, moved to continue
consideration to April 4, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
NEW BUSINESS
COMMITTEE REPORT
Recommendation of Rules Committee
Adopted
[Appointment, Federal Legislative Representative]
Resolution ratifying the Mayor's appointment of Cassidy and Associates,
as a federal legislative representative for the City and County of San
Francisco. (Mayor)
File 33-96-3, Resolution No. 287-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Recommendations of Budget Committee
Passed for Second Reading
[Appropriation, Tax Collector/Treasurer/Assessor]
Ordinance appropriating $571,428, Tax Collector/Treasurer and Assessor,
from the General Fund Reserve for salaries and mandatory fringe
benefits to implement an Arbitrator's Award increasing rates of pay of
Real Property Auditors and Appraisers retroactive to July 1994 for
fiscal year 1995-96. (Controller)
File 101-95-66, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
[Reward Authorization]
Ordinance authorizing payment of reward to Doe One for supplying
information leading to the arrest and conviction of the perpetrator
who murdered Justine Jones, "The Haight Street Good Samaritan" on
March 27, 1994. (Mayor)
File 155-96-1, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Recommendations of Government Efficiency and Labor Committee
Passed for Second Reading
[Amendment to MOU, Staff and Per Diem Nurses]
Ordinance amending Ordinance No. 178-95 to implement the terms of an
amendment to the Memorandum of Understanding between the Service
Employees International Union, Local 790, AFL-CIO and the City and
County for Staff Nurse and Per Diem Nurses extending the duration of
the Memorandum of Understanding through June 30, 1997. (Department of
Human Resources)
File 93-95-1.1, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
[Airport Lease Modification, Delta Airlines, Inc.]
Ordinance approving, retroactively, Modification No. 5 of Lease and Use
Agreement between Delta Airlines, Inc. and the City and County, acting
by and through its Airports Commission. (Airports Commission)
File 27-96-5, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
[Friends of the Library Agreement, Lease, MOU]
Ordinance approving a Memorandum of Understanding between the Public
Library and the Friends of the Public Library for use of space in the
new main library building for the performance of library-related
services, generation of revenues for Library Department purposes, and
assurance of private funds to provide support on an ongoing basis for
the Public Library System; and authorizing and approving certain
agreements directly with such non-profit corporation as contemplated
by such MOU, including a lease of office space and a lease of gift
store space. Sponsors Supervisors Kaufman, Migden, Alioto, Ammiano, Teng,
Yaki.
File 65-96-3, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
[City Seal Authorization, Affinity Programs]
Ordinance amending Administrative Code, authorizing the Clerk of the
Board, upon recommendation of the Chief Administrative Officer to
approve the use of the City Seal on the face of San Francisco Affinity
credit cards and San Francisco Affinity pre-paid phone cards promoting
the City and allowing San Francisco Affinity credit and pre-paid phone
cards inscribed with the City Seal to be offered for sale.
Sponsors Supervisors Migden, Bierman, Teng, Alioto.
File 97-96-12, Ordinance No.
(Adds Section 1.6-B.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Adopted
[Alcoholic Beverage Control Grant Program]
Resolution authorizing the Chief of Police, to retroactively apply for,
accept, and expend funds in the amount of One Hundred Thousand Dollars
($100,000.00) for a project known as the "Alcoholic Beverage Control
Grant Program"; waiving indirect costs. (Police Commission)
File 143-96-1, Resolution No. 294-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Appointment of President Pro Tempore
At the request of President Pro Tempore Alioto, Supervisor Kaufman
assumed the Chair so the President can participate in the discussion.
Adopted as Amended
[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; placing $129,740 on reserve; conditions. Sponsors Supervisors Leal,
Alioto.
File 146-96-6, Resolution No. 295-96
Supervisor Yaki, seconded by Supervisor Leal, moved to amend page
two, line four, after "Committee" by adding "; and, be it Further
Resolved, That the following conditions are imposed: 1. The
Director of Public Health must reserve an additional 15% of the
augmentation funds for possible expansion of treatment services
pending a decision of the Department of Health and Human Services
(DHHS) on our waiver request; 2. The Director of Public Health make
best efforts at obtaining a "special needs" waiver from the DHHS to
increase that portion of the Target Cities grant available for direct
treatment services; 3. The Mayor is urged to direct our federal
lobbyists, Cassidy and Associates, to make obtaining the waiver an
early legislative priority and that this effort be coordinated with
the Office of Representative Nancy Pelosi.". Title amended
accordingly on page one, line 11, after "reserve" by inserting ";
conditions".
Motion to amend adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Adopted as amended by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
The President resumed the Chair.
Adopted
[Paratransit Broker Contract Amendment]
Resolution approving amendment to Paratransit Broker Agreement with
Cerenio Management Group. Sponsors Supervisors Ammiano, Teng, Yaki.
File 172-96-4, Resolution No. 296-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
[Grants, Municipal Railway and Port Projects]
Resolution authorizing the Public Transportation Commission to
retroactively apply for, accept and expend $71,488,041 of Federal
Surface Transportation Program (STP), Congestion Mitigation and Air
Quality Improvement Program (CMAQ), Section 3, and Section 9 operating
and capital assistance, and $679,000 of State Transit Capital
Improvement Funds, State Traffic Systems Management Funds, State-Local
Partnership Program and $6,947,400 from various local match sources
such as from State Transit Assistance Funds, Transportation
Development Act Funds, Bridge Toll Net Revenues, Regional Measure One
Funds, Gas Tax Revenues, Transit Impact Development Fees, San
Francisco Municipal Railway Improvement Corporation Funds, and/or San
Francisco County Transportation Sales Taxes for twelve Municipal
Railway projects, and one Port of San Francisco project including
$2,115,602 of administrative overhead; placing $73,345,000 on reserve.
(Public Transportation Commission)
File 213-96-3, Resolution No. 300-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Recommendations of Housing and Land Use Committee
Passed for Second Reading
[Mission Bay Nonconforming Uses Text Amendment]
Ordinance amending Planning Code, 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)
File 115-96-4, Ordinance No.
(Amend Section 983(e)(3).)
(City Planning Resolution No. 14050, adopted 2/1/96).
(Exempt from Environmental Review, General Rule Exclusion).
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Consideration Continued
[Encroachment Permit, Perry/Third Streets]
Resolution granting revocable permission to Nibbi Brothers, general
contractors, to temporarily close and occupy the northerly sidewalk
and a portion of the street area on Perry Street, 237.50 feet easterly
of Third Street, during construction operations at 401-433 Third
Street (Block 3763, Lots 82, 83, 85, 86, 89, 90, 91, 114, 115).
(Department of Public Works)
File 10-96-1, Resolution No.
Supervisor Bierman, seconded by Supervisor Kennedy, moved to
continue consideration to April 8, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Adopted
[Liquor License Transfer, 401-A Judah Street]
Resolution determining that the transfer of a Type-21 off-sale general
alcohol beverage control license for Alan Chan from 501 Post Street,
Suite 1500 to 401-A Judah Street, will serve the convenience and
necessity of the people of the City and County of San Francisco, in
accordance with Section 23958.4 of the California Business and
Professions Code. (Housing and Land Use Committee)
File 223-96-8, Resolution No. 301-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Yaki - 7.
Noes: Supervisor Kennedy - 1.
Absent: Supervisors Shelley, Teng - 2.
[Liquor License Transfer, 601 Indiana Street]
Resolution determining that the transfer of a Type 20 off-sale beer and
wine license from 548 Seventh Street to 601 Indiana Street, to Stella
Wong for Y & C Enterprises, Inc. will serve the convenience and
necessity of the people of the City and County of San Francisco, in
accordance with Section 23958.4 of the California Business and
Professions Code. (Housing and Land Use Committee)
File 223-96-9, Resolution No. 302-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Yaki - 7.
Noes: Supervisor Kennedy - 1.
Absent: Supervisors Shelley, Teng - 2.
Refused Adoption; Rescinded;
Consideration Continued
[Liquor License, 1745 Folsom Street]
Resolution determining that the issuance of a Type 20 off-sale beer and
wine license to Jennifer Kitchen for Rainbow Grocery located at 1745
Folsom Street, will serve the convenience and necessity of the people
of the City and County of San Francisco, in accordance with Section
23958.4 of the California Business and Professions Code. (Housing and
Land Use Committee)
File 223-96-10, Resolution No.
Refused adoption by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Alioto - 5.
Noes: Supervisors Kennedy, Leal, Yaki - 3.
Absent: Supervisors Shelley, Teng - 2.
Supervisor Hsieh, seconded by Supervisor Kaufman, moved to rescind
the previous vote:
Motion to rescind the vote adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Yaki - 7.
Noes: Supervisor Kennedy - 1.
Absent: Supervisors Shelley, Teng - 2.
Supervisor Bierman, seconded by Supervisor Kaufman, moved to
continue consideration to April 8, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Yaki - 7.
Noes: Supervisor Ammiano - 1.
Absent: Supervisors Shelley, Teng - 2.
Adopted
[Appeal, Minor Encroachment, 375 Rhode Island Street]
Motion upholding the appeal of a decision by the Director of Public
Works, which denied the issuance of a minor sidewalk encroachment
permit to legalize the construction of an existing fence, at 375 Rhode
Island Street, which fence encroaches into the public right-of-way
fronting the subject property, and
granting the issuance of the minor encroachment permit for the property
at 375 Rhode Island Street, which will legalize the construction of an
existing fence at the subject property, conditioned upon the City
being able to rescind the permit at the time of any development to
adjacent property. (Housing and Land Use Committee)
File 24-96-1
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Conference with City Attorney - Litigation
From the President
Adopted
[Closed Session]
Motion that the Board of Supervisors convene in closed session with the
City Attorney for the purpose of reviewing the City's position on
whether the City should initiate litigation against Viacom and/or TCI
related to telecommunications franchise issues, as permitted by
Government Code Section 59456.9. Sponsors Supervisors Ammiano, Alioto.
File 32-96-1
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
Recess
The Board recessed at the hour of 3:07 p.m. to convene in closed
session.
Reconvening of the Board
The Board at the hour of 3:39 reconvened.
Quorum present.
Report on Closed Session
Deputy City Attorney Ted Lakey reported that the Board had met in
closed session with the City Attorney for the purpose of reviewing the
City's position on whether the City should initiate litigation against
Viacom and/or TCI related to telecommunications franchise issues, as
permitted by Government Code Section 59456.9(c).
The meeting was informational only and no action was taken by the
Board.
Adopted
Motion that the Board of Supervisors finds that it is in the best
interest of the public and elects not to disclose its closed session
deliberations.
Supervisor Kennedy, seconded by Supervisor Kaufman, moved adoption.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
PUBLIC COMMENT
The privilege of the floor was granted to the following persons:
Tom Mangold, Columbia Hotel building unsafe;
Louise Vaughn, Geneva Towers;
Connie Kuruppv, police brutality, Aaron Williams;
Joe Braverman.
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 Kaufman requested that the following measure be severed
from the For Adoption Without Committee Reference Calendar and
considered separately.
Adopted
[Appointment]
Resolution appointing Supervisor Susan Leal as a member of the Board of
Directors, Golden Gate Bridge, Highway and Transportation District.
Sponsor Supervisor Kennedy.
File 92-96-20, Resolution No. 293-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Supervisor Leal Excused from Voting
On advice of the City Attorney, Supervisor Leal requested to be
excused from voting because of possible conflict of interest.
Thereupon, Supervisor Kennedy, seconded by Supervisor Leal, moved to
excuse Supervisor Leal from voting.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Yaki - 8.
Absent: Supervisors Shelley, Teng - 2.
The roll was then called on the pending legislation and it was
adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Yaki - 7.
Excused: Supervisor Leal - 1.
Absent: Supervisors Shelley, Teng - 2.
In connection with the above item, Supervisor Kennedy requested to
be added as 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 Sister Kathleen Healy Day]
Resolution proclaiming April 26, 1996 "Sister Kathleen Healy" Day in
San Francisco. Sponsors Supervisors Shelley, Teng, Kennedy, Bierman, Ammiano,
Kaufman, Migden, Alioto, Leal, Yaki.
File 4-96-7, Resolution No. 281-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisors Leal, Yaki requested
to be added as co-sponsors.
[Commend Greater Geary Blvd Merchants Association]
Resolution commending the Greater Geary Boulevard Merchants Association
on its Fiftieth Anniversary. Sponsors Supervisors Kaufman, Shelley, Kennedy,
Bierman, Leal, Yaki.
File 6-96-39, Resolution No. 282-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisors Kennedy, Bierman,
Leal, Yaki requested to be added as co-sponsors.
[Proclaim Community Development Block Grant Week]
Resolution commending the Community Development Block Grant (CDBG)
Program by designating April 1 - April 7, 1996 National Community
Development Week. Sponsors Supervisors Shelley, Yaki, Teng, Hsieh, Alioto,
Bierman, Leal.
File 6-96-40, Resolution No. 283-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisors Bierman, Leal
requested to be added as co-sponsors.
[Commend Fred Lau/Asian Peace Officers Assn]
Resolution commending Fred Lau and the San Francisco Asian Peace
Officers Association on the occasion of their testimonial dinner on
April 6, 1996. Sponsors Supervisors Teng, Hsieh, Yaki, Shelley, Bierman,
Ammiano, Kennedy, Leal, Kaufman, Migden, Alioto.
File 6-96-41, Resolution No. 284-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
[State Legislation, SB 1896, Fee Exemption]
Resolution urging the members of the State Senate Housing and Land Use
Committee and San Francisco's State Senators to oppose Senate Bill
1896 relating to local fee exemptions in connection with placement of
telecommunication facilities. Sponsors Supervisors Bierman, Ammiano, Alioto,
Kennedy.
File 12-96-14, Resolution No. 285-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisor Kennedy requested to
be added as co-sponsor.
[Semiautomatic Assault Weapons Ban]
Resolution opposing action by the U.S. House of Representatives to
overturn the federal ban on semiautomatic assault weapons and urging
the United States Senate and President Clinton to oppose all such
legislation. Sponsors Supervisors Kaufman, Shelley, Alioto, Kennedy, Bierman,
Leal, Yaki.
File 13-96-13, Resolution No. 286-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisors Kennedy, Bierman,
Leal, Yaki requested to be added as co-sponsors.
[Cultural Tourism Initiative]
Resolution endorsing the Cultural Tourism Initiative proposed to be
undertaken by the San Francisco Art Commission in collaboration with
the Convention and Visitors Bureau, Grants for the Arts and
corresponding agencies in Los Angeles and San Diego. Sponsors Supervisors
Leal, Alioto, Bierman, Yaki.
File 197-96-1, Resolution No. 297-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisors Bierman, Yaki
requested to be added as co-sponsors.
[Police Helicopter Citizens Task Force]
Resolution urging the Police Commission to appoint a citizens task
force to monitor and evaluate use of police helicopters. Sponsors Supervisors
Ammiano, Yaki, Leal.
File 207-96-5, Resolution No. 298-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisor Leal requested to be
added as co-sponsor.
[Police Helicopter Protocols]
Resolution urging the Police Commission to develop appropriate use
protocols for the new San Francisco Police Department helicopters.
Sponsors Supervisors Yaki, Ammiano, Leal.
File 207-96-6, Resolution No. 299-96
(March 25, 1996 - Introduced in Board for introduction on April 1,
1996.)
Adopted.
In connection with the above item, Supervisor Leal requested to be
added as co-sponsor.
The foregoing items on the For Adoption Without Committee Reference
Calendar were adopted by the following vote:
Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Yaki - 7.
Absent: Supervisors Ammiano, Shelley, Teng - 3.
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 1-96-14, Resolution No. 280-96
(Susan Leal, member, Board of Supervisors, April 2 - 4; Philip
Adams, Director, Department of Public Transportation, March 27,
1996.)
Adopted.
The foregoing item on the Immediate Adoption Calendar was adopted by
the following vote:
Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Yaki - 7.
Absent: Supervisors Ammiano, Shelley, Teng - 3.
OFF-CALENDAR LEGISLATION
ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS
NOT CONSIDERED OR REPORTED ON BY COMMITTEE
Referred to Committee
[Review of Murals on Landmark Structures]
Substitute ordinance amending City Planning Code Sections 1005, 1006,
1006.6 and 1006.7 to require review of murals on landmarks or in a
historic district. Supervisor Bierman presented. Referred to Housing
and Land Use Committee.
File 115-95-003.01.
[Historic Property Restoration]
Substitute ordinance amending Administrative Code by adding Sections
71.1 through 71.6 to implement California Mills Act, California
Government Code Sections 50280 et seq., allowing owners of qualified
historic properties to contract with the City to rehabilitate, restore
and preserve properties and to procure property tax reductions
pursuant to individual Mills Act contracts and authorizing fee to pay
for costs of entering Mills Act Contract and administering program.
Supervisors Bierman, Alioto presented. Referred to Housing and Land
Use Committee.
File 097-95-056.
[Myanmar, Burma]
Substitute ordinance amending Administrative Code by adding Chapter
12J, Sections 12J.1 through 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 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.
[Public Notices, Plain]
Ordinance amending Administrative Code Section 67.7 to require that
items on agendas of meetings of policy bodies of the City and County
of San Francisco should be written in plain English and by adding
Section 67.7-1 to require that public notices mailed by City
departments, boards, agencies and commissions to residents be written
in plain English and advise the public how they may submit written
comments to City officials regarding the subject of public meetings
and hearings. Supervisors Kaufman, Teng, Bierman presented. Referred
to Government Efficiency/Labor Committee.
File 097-96-014.01.
[Transient Occupancy (Hotel) Tax Increase]
Ordinance amending Part III, Municipal Code, by adding Section 502.6-1
to increase the current total transient occupancy surcharge by two
percent and by adding Section 502.8-1 to impose an additional two
percent transient occupancy surcharge in certain redevelopment project
areas, both sections to be effective July 1, 1996. Supervisor Ammiano
presented. Referred to Budget Committee.
File 127-96-003.
Referred to Board
[Sexual Assault Awareness Month]
Resolution declaring the month of April 1996 as Sexual Assault
Awareness Month. Supervisors Kaufman, Bierman, Alioto presented.
Referred to Board for Adoption Without Committee Reference Calendar
April 8, 1996.
File 004-96-008.
[Commend American Rabbis/Sha'ar Zahav]
Resolution commending the Central Conference of American Rabbis on its
passage of a resolution in support of civil marriage for lesbian and
gay couples and in opposition to governmental efforts to bar such
unions and commending Congregation Sha'ar Zahav and its Rabbi Yoel H.
Kahn, on their role in securing the passage of this resolution.
Supervisors Kaufman, Leal, Ammiano, Shelley, Alioto, Bierman
presented. Referred to Board for Adoption Without Committee Reference
Calendar April 8, 1996.
File 006-96-042.
[Commend Dr. Jan Karski]
Resolution commending Dr. Jan Karski for all of his efforts during
World War II to inform the allies of the planned extermination of the
Jews of Europe by Nazi Germany to make information about these plans
widely available to the public and to save the lives of the Jews of
Europe. Supervisors Kaufman, Bierman, Alioto presented. Referred to
Board for Adoption Without Committee Reference Calendar April 8, 1996.
File 006-96-043.
[State Legislation, AB 2248]
Resolution opposing AB 2248 relating to funding cuts to schools
offering HIV/AIDS education, sexually transmitted disease prevention
and sex education programs. Supervisors Ammiano, Alioto presented.
Referred to Board for Adoption Without Committee Reference Calendar
April 8, 1996.
File 012-96-015.
[State Legislation, AB 2549]
Resolution opposing AB 2549 concerning relocation of the State Public
Utilities Commission. Supervisor Bierman presented. Referred to
Board for Adoption Without Committee Reference Calendar April 8, 1996.
File 012-96-016.
Referred to Committee
[Absentee Voter Procedures]
Resolution resolving that California Election Code Section 3017
discriminates against absentee voters based on their marital and
familial status; urging the State Legislature to amend Election Code
Section 3017 to delete any mention of any type of marital or family
status; asking the City Attorney to institute proceedings to enforce
guarantees of the Fourteenth and Fifteenth Amendments with regard to
Election Code Section 3017 which has the effect of denying or
abridging the right to vote in contravention of the guarantees set
forth in the Constitution of the United States. Supervisors Kaufman,
Bierman presented. Referred to Rules Committee.
File 012-96-017.
Referred to Board
[State Legislation, AB 2147, HIV]
Resolution opposing Assembly Bill 2147 (Rainey) relating to the Human
Immunodeficiency Virus. Supervisor Alioto presented. Referred to
Board for Adoption Without Committee Reference Calendar April 8, 1996.
File 012-96-018.
[State Legislation, AB 3227, Same Sex Marriages]
Resolution opposing Assembly Bill 3227 (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. Supervisor Alioto
presented. Referred to Board for Adoption Without Committee Reference
Calendar April 8, 1996.
File 012-96-019.
[State Legislation, SB 1976, Needle Exchange Program]
Resolution supporting Senate Bill 1976 (Watson) concerning clean needle
and syringe pilot projects. Supervisor Alioto presented. Referred to
Board for Adoption Without Committee Reference Calendar April 8, 1996.
File 012-96-020.
[Federal Legislation, S. 1624]
Resolution supporting S. 1624 concerning the reauthorization of the
Hate Crimes Statistics Act. Supervisor Alioto presented. Referred to
Board for Adoption Without Committee Reference Calendar April 8, 1996.
File 013-96-014.
[Gift Acceptance]
Resolution accepting the gift of possession and use of gay and lesbian
historical materials for deposit in the San Francisco Public Library.
Supervisors Ammiano, Alioto presented. Referred to Board for Adoption
Without Committee Reference Calendar April 8, 1996.
File 038-96-007.
[Youth Commission Budget]
Resolution urging the Mayor to create an appropriate operating budget
for the Youth Commission in the 1996-97 budget. Supervisors Yaki,
Bierman, Alioto presented. Referred to Board for Adoption Without
Committee Reference Calendar April 8, 1996.
File 100-96-004.
Requests for Hearings:
[Family Mosiac Project]
Hearing to consider the administration of the Family Mosiac Project as
it relates to the Medi-Cal program, service to families in the
community, their hiring and firing personnel practices, the program's
goals, objections and community involvement. Supervisor Kennedy
presented. Referred to Economic Vitality/Social Policy Committee.
File 030-96-007.
[Methamphetamine Epidemic]
Hearing to consider the City's response to the growing methamphetamine
epidemic. Supervisors Leal, Alioto presented. Referred to
Health/Public Safety/Environment Committee.
File 030-96-008.
[Child Care]
Hearing to consider what subsidized child care services are available.
Supervisor Kennedy presented. Referred to Economic Vitality/Social
Policy Committee.
File 107-96-001.
[Residential Hotel Conversion]
Hearing to consider the efficacy of the Planning Department's
regulation and control of the conversion of residential apartments
into hotel rooms or business rental units. Supervisor Yaki presented.
Referred to Government Efficiency/Labor Committee.
File 189-96-001.
[Unreinforced Masonry Retrofit Program]
Hearing to consider the status of the unreinforced masonry retrofit
program. Supervisor Hsieh presented. Referred to Budget Committee.
File 200-96-003.
Motions:
Referred to Board
[Needle Exchange Emergency]
Motion concurring in the determination of the Mayor for the continued
need for the declaration of emergency in connection with the needle
exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng,
Hsieh, Ammiano, Yaki presented. Referred to Board for Adoption
Without Committee Reference Calendar April 8, 1996.
File 030-96-001.06.
[Cantonese/Spanish Simulcasts]
Motion directing the Clerk of the Board to work with Citywatch (Channel
54) to develop a Second Audio Program to existing Citywatch broadcasts
of Board and Committee meetings with a view toward simulcasts with
Cantonese and Spanish translations. Supervisor Yaki presented.
Referred to Board for Adoption Without Committee Reference Calendar
April 8, 1996.
File 054-96-003.
Introduced by the President at the Request of Departments
Ordinances Referred to Committee
File 045-96-020. [Tedral L. Thompson, v. CCSF] Ordinance authorizing
settlement of litigation of Tedral L. Thompson against the City and
County of San Francisco by payment of $7,500. (Superior Court No.
962-340). (City Attorney) Referred to Government Efficiency/Labor
Committee.
File 045-96-021. [Guillermo Lopez v. CCSF] Ordinance authorizing
settlement of litigation of the City's cross-complaint in Lopez
against the City and County of San Francisco. (Superior Court No.
952-731). (City Attorney) Referred to Government Efficiency/Labor
Committee.
File 065-96-006. [Lease, New Main Library, 200 Larkin Street]
Ordinance authorizing and approving the lease of space in City-owned
property at 200 Larkin Street, consisting of a portion of the lowest
floor to Robin Boley-Alvarez and Francois Alvarez commencing April 18,
1996. (Real Estate Department) Referred to Government
Efficiency/Labor Committee.
File 090-96-002. [Landmark Designation, Milo Hoadley Residence]
Ordinance designating the Milo Hoadley Residence as Landmark No. 216
pursuant to Article 10 of the City Planning Code. (Department of City
Planning) (City Planning Resolution No. 14079, adopted 3/14/96.)
(Landmarks Preservation Advisory Board Resolution No. 481, adopted
11/15/95.) Referred to Housing and Land Use Committee.
File 097-96-015. [Hold Harmless Agreement with Caltrans] Ordinance
amending Administrative Code by adding Section 1.41 regarding hold
harmless agreements with California Department of Transportation
(Caltrans). (Department of Public Works) Referred to Government
Efficiency/Labor Committee.
File 102-95-017. [Salary Ordinance Amendment, Airport] Substitute
ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96), Airport, reflecting the creation of thirty-seven (37)
positions (Classifications 1203 Personnel Technician (1), 1368 Special
Assistant IX (1), 1370 Special Assistant XI (1), 1404 Clerk, (1), 1424
Clerk Typist (1), 1426 Sr. Clerk Typist (1), 1632 Sr. Account Clerk
(1), 1764 Mail Reproduction Service Superintendent (1), 1802 Research
Assistant (1), 1844 Sr. Management Assistant (2), 3554 Associate
Registrar (1), 7334 Stationary Engineer (2), 7335 Sr. Stationary
Engineer (1), 7342 Locksmith (1), 7347 Plumber (2), 7348 Steamfitter
(2), 9203 Sr. Airport Comm. Dispatcher (2), 9209 Police Service Aide
(12), 9222 Airport Operations Coordinator (3)); companion measure to
File 101-95-63. (Department Human Resources) Referred to Budget
Committee.
File 124-96-004. [Special Truck Loading Zones and Yellow Zones]
Ordinance amending traffic code by amending Sections 33.3, 38.B, and
38.B1, regarding the designation of special truck loading zones and
yellow zones. (Department of Parking and Traffic) Referred to Housing
and Land Use Committee.
File 155-96-002. [Reward Authorization] Ordinance authorizing payment
of reward to Doe One and Doe Two. (Mayor) Referred to Budget
Committee.
Resolutions Referred to Committee
File 048-96-011. [Settlement of Claim, Grange Insurance Group]
Resolution approving the settlement of the unlitigated claim of Grange
Insurance Group (insured, Steve Young) by payment of $7,665.56. (City
Attorney) Referred to Government Efficiency/Labor Committee.
File 064-96-002. [Lease of Property at 720 Sacramento Street]
Resolution authorizing a lease of real property at 720 Sacramento
Street, San Francisco, for the Chinatown Children's Development Center
of the Mental Health Division of the Department of Public Health.
(Real Estate Department) Referred to Government Efficiency/Labor
Committee.
File 172-96-006. [State Mental Health Performance Contract] Resolution
approving the San Francisco City and County Performance Contract for
Mental Health Services in fiscal year 1995-96. (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 Yaki, that City Attorney research and report on the
police powers of San Francisco in restricting alcohol (off-sale) and
gun sales within a specified distance of schools, churches and
community centers taking into account zoning ordinances as well as
comparable "drug-free zone" criminal statutes.
By Supervisors Yaki, Bierman, that City Attorney prepare ordinance
which would extend the sunset provisions for tour bus bans on 25th and
15th Avenues to September 30, 1996.
By Supervisor Alioto, that the Board of Supervisors send letter
congratulating Michela Alioto on her victory as the Democratic nominee
for the First Congressional District.
By Supervisor Alioto, that City Attorney prepare a comprehensive
history of the Raker Act and how it's been implemented in San
Francisco.
By Supervisor Alioto, that City Attorney prepare report regarding the
status of all legal and business dealing the City has with Pacific Gas
and Electric Company.
By Supervisor Alioto, that letter of inquiry be sent to Controller to
determine the status of the audit of the franchise agreement between
Pacific Gas and Electric Company and the City and County conducted in
1995 and the status of the audit scheduled for 1996.
By Supervisor Alioto, that letter of inquiry be sent to Chief
Administrative Officer to ascertain whether any reports regarding the
franchise fee agreement between Pacific Gas and Electric Company and
the City and County will be prepared and submitted to the Board of
Supervisors pursuant to Administrative Code Section 11.5.
By Supervisor Alioto, that a second letter be sent to the Golden Gate
National Recreation Area requesting that steps be taken to stop the
demolition of housing in the Presidio with her name added to
Supervisors Kennedy and Bierman.
Motions Adopted
Motion that the Board adjourns its meeting this date out of respect to
the memory of the following deceased:
Michael Weintraub Sponsor Supervisor Hsieh.
Juan Pifarre Sponsor Supervisor Leal.
File 2-96-14
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at the hour of 4:16 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 22, 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