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Aptil 22, 1996

JOURNAL OF PROCEEDINGS

BOARD OF SUPERVISORS




Monday, April 22, 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 2:02 p.m. On call of the roll, the following Supervisors were
noted present:

Supervisors Ammiano, Kaufman, Leal, Shelley, Teng, Yaki - 6.

Noted absent at first roll call:

Supervisors Alioto, Bierman, Hsieh, Kennedy - 4.

Quorum present.

Supervisor Alioto was noted present at 2:04 p.m.

Supervisor Bierman was noted present at 2:07 p.m.

Supervisor Hsieh was noted present at 2:05 p.m.

Supervisor Kennedy was noted present at 2:05 p.m.


APPROVAL OF JOURNALS


There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Kaufman,
moved that the Journal of Proceedings for Monday, April 1, 1996, be approved.

Motion carried by the following vote:

Ayes: Supervisors Alioto, Ammiano, Kaufman, Leal, Shelley, Teng, Yaki - 7.

Absent: Supervisors Bierman, Hsieh, Kennedy - 3.


CONSENT CALENDAR


Recommendations of Budget Committee

Finally Passed

[Government Funding]
Ordinance appropriating $48,712, Police Department, from the General Fund Reserve for professional
services, rent, other current expenses, materials and supplies and services of other departments for the
relocation of the Office of Citizen Complaints for fiscal year 1995-96 (accommodate new staff required per
Proposition G); providing for ratification of action previously taken. (Controller)

File 101-95-62, Ordinance No. 150-96

(Fiscal Impact.)

Finally passed.


[Appropriation, Trial Courts]
Ordinance appropriating $2,900,000, Trial Courts, of Court Special Revenue Fund revenue to a capital
improvement project for Civic Center Courthouse construction for fiscal year 1995-96; placing $2,900,000
on reserve. (Controller)

File 101-95-69, Ordinance No. 152-96


(Fiscal Impact.)

Finally passed.


[Reward Authorization]
Ordinance authorizing payment of reward to Doe One and Doe Two for
supplying information leading to the arrest and conviction of the
perpetrator who murdered Alexis McNeal on April 4, 1994. (Mayor)

File 155-96-2, Ordinance No. 160-96

Finally passed.


Recommendations of Government Efficiency and Labor Committee

Finally Passed

[Tedral L. Thompson, v. CCSF]
Ordinance authorizing settlement of litigation of Tedral L. Thompson
against the City and County by payment of $7,500. (City Attorney)

File 45-96-20, Ordinance No. 153-96

(Superior Court No. 962-340).

Finally passed.


[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.
(City Attorney)

File 45-96-21, Ordinance No. 154-96

(Superior Court No. 952-731).

Finally passed.


[Lake Merced Restaurant/Bar Lease Amendment]
Ordinance approving a lease amendment with the Lake Merced Restaurant
and Bar extending the Agreement to May 31, 2002. (Recreation and Park
Department)

File 62-96-1, Ordinance No. 156-96

Finally passed.


[Land Lease, SFUSD - Public Transportation Commission]
Ordinance authorizing and approving a thirty-five year lease with the
San Francisco Unified School District, of certain school district
property, located at Newcomer High School; and ratifying previous
actions (restroom facility for Municipal Railway drivers). (Public
Transportation Commission)

File 65-96-4, Ordinance No. 157-96

Finally passed.


[Myanmar, Burma]
Ordinance amending Administrative Code, 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).
Sponsors Supervisors Ammiano, Bierman, Alioto.

File 97-96-10, Ordinance No. 159-96

(Adds Chapter 12J, Sections 12J.1 to 12J.9.)

Finally passed.

Recommendations of Housing and Land Use Committee

Finally Passed

[Underground District No. 322, Alpine Terrace]
Ordinance creating Underground District No. 322 in the Alpine
Terrace/Museum Way District. (Department of Public Works)


File 52-96-2, Ordinance No. 155-96

Finally passed.


[Landmark, North End Police Station/Garage]
Ordinance designating the North End Police Station and Garage as
Landmark No. 218 pursuant to Article 10 of the City Planning Code.
Sponsors Supervisors Teng, Bierman.

File 90-96-1, Ordinance No. 158-96

(City Planning Resolution No. 14066, adopted 3/7/96.)
(Landmarks Preservation Advisory Board Resolution No. 479, adopted
9/20/95.)

Finally passed.


[Adult Entertainment Ban, Van Ness SUD]
Ordinance amending Planning Code, Van Ness Special Use District, to
prohibit adult entertainment enterprises as described in Section
221(k), and adopting findings pursuant to City Planning Code Section
101.1. Sponsor Supervisor Teng.

File 115-96-2, Ordinance No. 161-96

(Exempt Status, General Rule Exclusion.)
(City Planning Resolution No. 14037, adopted January 11, 1996.)

(Amends Section 243.)

Finally passed.


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

Ayes: Supervisors Alioto, Ammiano, Kaufman, Kennedy, Leal, Shelley,
Teng, Yaki - 8.

Absent: Supervisors Bierman, Hsieh - 2.


REGULAR CALENDAR


UNFINISHED BUSINESS


Recommendation of Budget Committee

Finally Passed

(Supervisor Hsieh dissenting in Committee.)

[Appropriation, Department of Human Resources]
Ordinance appropriating $464,628, Department of Human Resources, from
the General Fund Reserve for temporary salaries, fringe benefits,
professional services and services of other departments for the
creation of three (3) positions to provide the department with
additional support for labor negotiations for fiscal year 1995-96;
placing $146,250 on reserve. (Controller)

File 101-95-65, Ordinance No. 151-96

(Fiscal Impact.)

Finally passed by the following vote:

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

Noes: Supervisor Hsieh - 1.


Appointment of President Pro Tempore

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


NEW BUSINESS




COMMITTEE REPORTS


Recommendations of Government Efficiency and Labor Committee

Passed for Second Reading

[MOU, Local 580]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Cement Masons Union, Local 580 and the City and County for
the period July 1, 1996 through June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-3, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 718]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Glaziers, Architectural Metal and Glass Workers Union,
Local 718 and the City and County for the period July 1, 1996 through
June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-4, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 4]
Ordinance implementing the provisions of a Memorandum of Understanding
between the International Brotherhood of Painters and Allied Trades,
Local 4 and the City and County for the period July 1, 1996 through
June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-5, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Institutional Police Officers Association]
Ordinance implementing the provisions of a Memorandum of Understanding
between the San Francisco Institutional Police Officers Association
and the City and County for the period July 1, 1996 through June 30,
1997. Sponsor Supervisor Shelley.

File 93-96-7, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 377]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Ironworkers-Bridge, Structural Ornamental
and Reinforced, Local Union 377 and the City and County for the period
July 1, 1996 through June 30, 1977. Sponsor Supervisor Shelley.

File 93-96-8, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 34]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Pile Drivers, Divers, Carpenters, Bridge, Wharf & Dock
Builders, Local Union No. 34 and the City and County for the period
July 1, 1996 through June 30, 1997. Sponsor Supervisor Shelley.


File 93-96-9, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 38]
Ordinance implementing the provisions of a Memorandum of Understanding
between the United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry, Local Union No. 38 and the City
and County for the period July 1, 1996 through June 30, 1997.
Sponsor Supervisor Shelley.

File 93-96-10, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 16]
Ordinance implementing the provisions of a Memorandum of Understanding
between the International Alliance of Theatrical Stage Employees &
Moving Picture Machine Operators of the United States and Canada,
Local 16 and the City and County for the period July 1, 1996 through
June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-11, Ordinance No.

Passed for second reading by the following vote:

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

[MOU, Local 40]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Roofers, Local 40 and the City and County for the period
July 1, 1996 through June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-12, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 22]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Bay Counties District Council of Carpenters, Carpenters,
Local 22 and the City and County for the period July 1, 1996 through
June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-13, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 261]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Laborers International Union of North America, Local 261
and the City and County for the period July 1, 1996 through June 30,
1997. Sponsor Supervisor Shelley.

File 93-96-14, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 1414]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Peninsula Automotive Mechanics Lodge, No. 1414,
International Association of Machinists & Aerospace Workers, AFL-CIO
and the City and County for the period July 1, 1996 through June 30,
1997. Sponsor Supervisor Shelley.



File 93-96-15, Ordinance No.

Passed for second reading by the following vote:

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

[MOU, Local 3, Operating Engineers]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Operating Engineers Local Union No. 3 of the International
Union of Operating Engineers, AFL-CIO and the City and County for the
period July 1, 1996 through June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-16, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 36]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Bricklayers, Stone Masons Terrazza Mechanics, Marble
Masons, Pointers, Caulkers and Cleaners, Local 3/Hodcarriers, Local 36
and the City and County. Sponsor Supervisor Shelley.

File 93-96-17, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 3, Supervising Probation Officers]
Ordinance implementing the provisions of a Memorandum of Understanding
agreement between Operating Engineers Local 3 bargaining for
Supervising Probation Officers and the City and County for the period
July 1, 1996 through June 30, 1997. Sponsor Supervisor Shelley.

File 93-96-18, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Local 66]
Ordinance implementing the provisions of a Memorandum of Understanding
between the Plasterers and Shophands, Local 66 and the City and County
for the period July 1, 1996 through June 30, 1997. Sponsor Supervisor
Shelley.

File 93-96-19, Ordinance No.

Passed for second reading by the following vote:

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


[MOU, Unrepresented Employees]
Ordinance fixing compensation for persons employed by the City and
County whose compensations are subject to the provisions of Section
8.409 of the Charter in classes not represented by an employee
organization, and establishing working schedules and conditions of
employment and methods of payment, effective July 1, 1996.
Sponsor Supervisor Shelley.

File 93-96-20, Ordinance No.

Passed for second reading by the following vote:

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


The President resumed the Chair.




PUBLIC COMMENT

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

Anthony Jaffe, oppose Dennis Peron Day;
Leboriae P. Smoore, laws against the poor.
Al Hirst, Bayview Park.

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

[Asian Pacific American Heritage Month]
Resolution establishing May 1996 as Asian Pacific American Heritage
Month in San Francisco. Sponsors Supervisors Teng, Shelley, Kaufman, Leal,
Yaki, Bierman, Hsieh.

File 4-96-10, Resolution No. 340-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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


[Commending Kimochi, Inc.]
Resolution commending Kimochi, Inc. for its twenty-five years of
dedication and commitment to providing quality care for the elderly
and proclaiming May 5, 1996 as "Kimochi" Day. Sponsors Supervisors Shelley
Kaufman, Leal, Yaki, Teng, Bierman, Hsieh.

File 6-96-47, Resolution No. 341-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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


[Take Our Daughters to Work Day]
Resolution supporting, commending, and urging participation in "Take
Our Daughters To Work Day," which empowers young girls to explore new
career choices, introduces them to the workplace, and prepares them
for the future by building confidence and skills. Sponsors Supervisors Teng,
Shelley, Kaufman, Leal, Bierman, Hsieh.

File 6-96-48, Resolution No. 342-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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


[International AIDS Candlelight Memorial]
Resolution supporting the Thirteenth International AIDS Candlelight
Memorial and Mobilization, and commending Mobilization Against AIDS
for its outstanding work in coordinating the International AIDS
Candlelight Memorial and Mobilization. Sponsors Supervisors Alioto, Ammiano,
Hsieh, Leal, Kaufman, Yaki, Shelley, Teng, Bierman.



File 6-96-49, Resolution No. 343-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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


[Commending Bethany Center]
Resolution acknowledging and commending Bethany Center for its care of
senior citizens, and congratulating residents of Bethany Center who
have passed their 80th birthday. Sponsors Supervisors Bierman, Shelley,
Kaufman.

File 6-96-50, Resolution No. 344-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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


[Supporting State Proposition]
Resolution urging the enactment by the voters of the Attorney-Client
Fee Arrangements, Securities Fraud Initiative Statute. Sponsor Supervisor
Ammiano.

File 12-96-23, Resolution No. 350-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


[Election Results, March 26, 1996]
Resolution declaring the results of the Municipal Election conducted
March 26, 1996 in the City and County of San Francisco. (Clerk of the
Board)

File 60-96-5, Resolution No. 351-96

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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

File 30-96-1.7

(April 15, 1996 - Introduced in Board for consideration on April 22,
1996.)

Adopted.


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

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


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 1-96-17, Resolution No. 339-96

(Mary I. Callanan, Treasurer, Office of the Treasurer, April 18 -
21; Lily Chan, Member, Film and Video Arts Commission, April 27 -
May 2; Preston Cook, Commissioner, Port Commission, April 19 - 27;
Joyce Mobley Corrigan, Member, Film and Video Arts Commission,
April 11 - 15; Edgar Flowers, Jr., Chief Probation Officer,
Juvenile Probation Department, May 14 - 19; Ricardo Hernandez,
Public Administrator-Public Guardian, April 24 - 27; Sandra R.
Hernandez, M.D., Director of Health, Department of Public Health,
April 23 - May 6; Claude M. Jarman, Jr., Member, War Memorial Board
of Trustees, April 22 - May 3, John L. Martin, Director of
Airports, San Francisco International Airport, April 21 - 23; H.
Daniel McFarland, General Manager, Dept. of Electricity and
Telecomm. April 15 - 19 and April 28 - May 1; Marion Otsea,
President, Public Utilities Commission, June 23 - 27; Wendell L.
Pryor, Director, Department of Human Resources, April 24 - 26 and
May 2 - 3; Louise H. Renne, City Attorney, Office of City Attorney,
April 19 - 26, 1996.)

Adopted.

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

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


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 Kaufman, seconded by Supervisor Teng, moved adoption.

Adopted by the following vote:

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


[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 Kaufman, seconded by Supervisor Teng, moved adoption.

Adopted by the following vote:

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


[Imperative Resolutions]

Adopted

[Commend Jeanne Taylor] Resolution commending Jeanne Taylor's
thirty-three (33) years of achievement at Lilli Ann.

File 6-96-52, Resolution No. 345-96

Supervisors Teng, Kaufman, Alioto, Kennedy, Shelley presented for
immediate adoption.

Resolution adopted by the following vote:

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


[Commend Philip Choi]
Resolution commending Philip Choi and declaring April 23, 1996 Philip
Choi Day in San Francisco.

File 006-96-053, Resolution No. 346-96


Supervisors Teng, Kaufman, Yaki, Bierman, Shelley presented for
immediate adoption.

Resolution adopted by the following vote:

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


[Commend Po S. Wong]
Resolution commending Po S. Wong and declaring April 26, 1996 Po S.
Wong Day in San Francisco.

File 006-96-054, Resolution No. 347-96

Supervisors Teng, Kaufman, Yaki, Bierman, Shelley presented for
immediate adoption.

Resolution adopted by the following vote:

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


[Commend Chinatown Festival for the Environment]
Resolution commending and supporting the first Chinatown Festival for
the Environment.

File 006-96-055, Resolution No. 348-96

Supervisors Teng, Kaufman, Yaki, Bierman, Shelley presented for
immediate adoption.

Resolution adopted by the following vote:

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


[Workplace Equality]
Resolution congratulating and welcoming the lesbian, gay, bisexual and
transgendered corporate leaders and their companies participating in a
national gathering of businesses with workplace equality and support
for their lesbian, gay, bisexual and transgendered employees.

File 006-96-058, Resolution No. 349-96

Supervisors Ammiano, Bierman presented for immediate adoption.

Resolution adopted by the following vote:

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



OFF-CALENDAR LEGISLATION

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


Referred to Committee

[Unlitigated Claims Under $15,000]
Ordinance amending Administrative Code Sections 10.20-9, 10.21, 10.22,
10.22-1, 10.24 and 10.25 to provide that all unlitigated claims
involving the City and County of San Francisco may be settled without
the approval of the Board of Supervisors if the amount of the
settlement is under $15,000, rather than the previous amount of under
$5,000. Supervisor Shelley presented. Referred to Budget Committee.

File 097-96-022.


[Revolving Funds, Municipal Railway Claims]
Ordinance amending Administrative Code by repealing Section 10.150
thereby eliminating Cash Revolving Funds for the Municipal
Railway,consistent with the provisions of the revised City Charter and
by amending Section 10.136-1 to increase by $270,473 (to a total of
$370,473) the funds held in the Bureau of Claims of the Office of the
City Attorney, reflecting the transfer of Municipal Railway claims
processing to the City Attorney's Office, effective July 1, 1996.
Supervisor Shelley presented. Referred to Budget Committee.

File 097-96-023.


[Bayshore Hester Assessment District]
Resolution ordering changes and modifications to the Engineer's Report,
including the assessment roll for the City and County of San Francisco
Bayshore Hester Assessment District No. 95-1. Supervisor Shelley
presented. Referred to Budget Committee with request it be considered
on May 1, 1996.

File 251-95-002.01.

Referred to Board


[Commend Charity Cultural Services Center]
Resolution commending the Charity Cultural Services Center for thirteen
years of assisting low-income immigrant families and for helping these
families to become self-sufficient through education and job training.
Supervisor Shelley presented. Referred to Board for Adoption Without
Committee Reference Calendar April 29, 1996.

File 006-96-051.


[Commend Pacific Asian American Women]
Resolution commending the Pacific Asian American Women Bay Area
Coalition and the 1996 Recipients of the Woman Warrior Awards.
Supervisors Teng, Kaufman, Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar April 29, 1996.

File 006-96-056.


[Commend Walden House, Sheriff's Department]
Resolution commending Walden House and the San Francisco Sheriff's
Department for the Sisters in Sober Treatment, Empowered for Recovery
(SISTER) project. Supervisor Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar April 29, 1996.

File 006-96-057.


[Gift, Police Horse Trailer]
Resolution authorizing the Chief of Police to accept, on behalf of the
San Francisco Police Department, the gift of a horse trailer from
Wells Fargo Bank. Supervisor Alioto presented. Referred to Board for
Adoption Without Committee Reference Calendar April 29, 1996.

File 038-96-010.


Referred to Committee

[Grant, Landmark Preservation Advisory Board]
Resolution authorizing the Landmarks Preservation Advisory Board's
Certified Local Government (C.L.G.) program located within the
Planning Department to apply for funds from the National Historic
Preservation Act Grant-in-Aid Subgrant program administered by the
California State Office of Historic Preservation Funds of up to
$25,000 foregoing reimbursement of indirect costs during fiscal year
July 1, 1996 to June 30, 1997. Supervisor Ammiano presented.
Referred to Government Efficiency/Labor Committee.

File 134-96-001.


[Bonds, Bayshore Hester Assessment District]
Resolution providing for the issuance of $1,030,000 principal amount of
limited obligation improvement bonds; providing for the approval and
execution and delivery by officers of the City and County of a fiscal
agent agreement; providing for the appointment of a fiscal agent for
the bonds and an assessment administrator; providing for the
collection of assessments to pay the principal of and interest on said
bonds; approving the notice of sale and preliminary official statement
for said bonds; authorizing the execution of said bonds; approving an
acquisition and funding agreement and a continuing disclosure
agreement; and providing for the execution of documents in connection
therewith and ratifying previous actions taken in connection
therewith. Supervisor Shelley presented. Referred to Budget Committee
with request it be considered on May 1, 1996.

File 170-96-002.


Referred to Board

[Pedestrian Safety Awareness]
Resolution urging the Mayor and all Department Heads to promote
increased awareness of pedestrian safety by participating in the San
Francisco Pedestrian Task Forces' SEE Pedestrian campaign.
Supervisors Leal, Bierman, Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar April 29, 1996.


File 239-96-001.


Referred to Committee

[State Office of the American Legion]
Resolution urging the War Memorial Board of Trustees to terminate all
relationships with the State Office of the American Legion and begin
action to expel their offices from the Veterans War Memorial Building
unless they fully comply with all recommendations of the Human Rights
Commission's finding that the State Office of the American Legion
engaged in and tolerated individual acts of prohibited discrimination
against the Alexander Hamilton Post and lesbian, gay and bisexual
veterans. Supervisors Ammiano, Alioto, Bierman, Leal presented.
Referred to Economic Vitality/Social Policy Committee.

File 240-96-001.


Requests for Hearings:

[Recreation Fields Restrooms]
Hearing to consider the availability and condition of restrooms at
City-owned recreational fields (baseball, softball, etc.) for weekend
leagues. Supervisor Yaki presented. Referred to Government
Efficiency/Labor Committee.

File 193-96-003.

Introduced by the President at the Request of Departments


Ordinances Referred to Committee

File 101-95-075. [Appropriation, Department of Public Health]
Ordinance appropriating and rescinding $22,040,803, Department of
Public Health, of revenues (Realignment Short Doyle Medi-Cal and
Medical), contribution transfers, salaries and fringe benefits at the
Department of Mental Health, Laguna Honda, and San Francisco General
Hospitals to address projected deficit for fiscal year 1995-96. RO
#95190. (Controller) Referred to Budget Committee.

File 034-96-001. [Sidewalk Width Regulations, Indiana Street]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width
of Sidewalks" by adding thereto Section 1521 changing official
sidewalk width on the East side of Indiana Street between 23rd Street
and Tubbs Street, as shown on the Department of Public Works drawing
labeled Q-20-435 and making findings pursuant to City Planning Code
Section 101.1. (Department of Public Works) Referred to Housing and
Land Use Committee.

File 045-96-023. [Tina Periera v. CCSF] Ordinance authorizing
settlement of litigation of Tina Periera against the City and County
of San Francisco by payment of $6,000. (Superior Court No. 961-877).
(City Attorney) Referred to Government Efficiency/Labor Committee.

File 045-96-024. [Mamaradlo v. CCSF] Ordinance authorizing settlement
of litigation of Virginia Mamaradlo and Manuel Mamaradlo against the
City and County of San Francisco by payment of $90,000. (Superior
Court No. 965-646). (City Attorney) Referred to Government
Efficiency/Labor Committee.

File 065-96-008.01. [Redevelopment Agency Rooftop Surface Lease]
Ordinance providing for the approval, execution and delivery of the
Agency Rooftop Surface Lease, between City and County of San
Francisco ("City") and Redevelopment Agency of the City and County of
San Francisco ("Agency"), for a portion of the Central Block Three of
the Yerba Buena Gardens; providing for the approval, execution and
delivery of the Coordination Agreement, between the City and the
Agency, regarding the operation and use of Central Block Three;
providing for the approval, execution and delivery of the amendment to
1988 Reciprocal Easement Agreement, dated as of March 1, 1988, between
the City and the Agency affecting Central Block Three; providing for
the execution of any additional documents in connection therewith; and
ratifying previous actions taken in connection therewith; companion to
File 65-96-8. (Chief Administrative Officer) Referred to Government
Efficiency/Labor Committee.

File 097-96-020. [Prohibiting Contracting with the City] Ordinance
amending Administrative Code, Chapter 6 (Officers and Employees), by
adding Section 16.980 to prohibit members of Boards and Commissions
from contracting with the City and County. (Mayor) Referred to
Government Efficiency/Labor Committee.

File 097-96-021. [Access to Electronic Information] Ordinance amending
Administrative Code by amending Section 67.21, governing requirements
for the release and storage of information stored in electronic form.
(Sunshine Ordinance Task Force) Referred to Government
Efficiency/Labor Committee.


Resolutions Referred to Committee

File 021-96-001. [Sewer Service Charge, 1996/97] Resolution adopting
and imposing schedules of sewer service charges to be paid by users
for fiscal year 1996-1997 pursuant to Part II, Chapter X, Articles 4.1
and 4.2, of the Public Works Code; providing for severability clause.
(Chief Administrative Officer) Scheduled for public hearing before
Board on May 6, 1996, at 3:00 p.m.


File 065-96-008. [Environmental findings, Rooftop Surface Lease]
Resolution reaffirming adoption of findings and statement of
overriding consideration pursuant to the California Environmental
Quality Act (CEQA) for the Yerba Buena Gardens Redevelopment
Agency/City Rooftop Surface Lease; companion measure to File
65-96-8.1. (Also see File 91-94-1.1). (Chief Administrative Officer)
Referred to Government Efficiency/Labor Committee.

File 095-96-001. [Annual Audit, Controller's Books] Draft resolution
ordering an annual audit of Controller's books, and authorizing a
three-year contract with a consortium of accounting firms.
(Controller) Referred to Government Efficiency/Labor Committee.

File 148-96-002. [Grant-State, TDA Funds-Bicycle/Pedestrian Projects]
Resolution authorizing the Director of Public Works and the Executive
Director of the Department of Parking and Traffic to execute documents
necessary to apply for, accept and expend $477,372 of Transportation
Development Act (TDA) Article 3 Funds for bicycle and pedestrian
projects and waiving indirect costs. (Department of Public Works)
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 Kaufman, that City Attorney prepare ordinance which would
create Victim Information and Notification Program.

By Supervisor Kaufman, that letter of inquiry be sent to Purchaser
concerning the Cartridge King program whereby laser printer cartridges
are recycled and to determine the feasibility of the City and County's
purchase and use of these products.

By Supervisor Leal, that letter of inquiry be sent to Director,
Department of Human Resources, to determine whether the Health Service
System has approved a company to market disability insurance products
to City and County employees which make available any benefit to an
employee's spouse but not to an employee's domestic partner and which
firms are actively marketing the products in such manner.

By Supervisor Leal, that City Attorney advise whether it is legal for
the Health Service System to approve a company to market disability
insurance products to City and County employees which make available
any benefit to an employee's spouse but not to an employee's domestic
partner and is it legal for the City and County to facilitate access
to city employees for such activities. If the answer to either
questions is in the affirmative, can the Board and Mayor pass
legislation to require all companies approved by the Health Service
Board and given access to City and County employees only market
disability insurance products which make available all benefits
equally applicable to spouses and domestic partners.

By Supervisor Shelley, that City Attorney draft resolution for the
enactment of the Real Estate Fraud Prosecution Trust Fund.

By Supervisor Yaki, that City Attorney prepare ordinance to allow
residents and businesses to reclaim parking space lost due to public
works activities should there be no construction activity by noon of a
day for which the activity has been noticed.

By Supervisor Hsieh, letter of inquiry be sent to Chief Administrative
Officer concerning inoperable newspaper racks to ascertain whether a
system is in place to inspect news racks on street corners to
determine whether coin slots are working properly or requires
maintenance on an ongoing basis.


Motions Adopted

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

Fred Whisman Sponsor Supervisor Shelley.
Tim Oates Sponsor Supervisor Leal.
Kevin G. Brooks Sponsor Supervisor Ammiano.
Steve Higa Sponsor Supervisor Ammiano.
Hermilio Rodis (By the entire Board)

File 2-96-17

Unanimously adopted by a rising vote.





ADJOURNMENT


There being no further business, the Board at the hour of 2:53 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 May 13, 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: 6/17/2010 11:22:13 AM