JOURNAL OF PROCEEDINGS
BOARD OF SUPERVISORS
Tuesday, May 28, 1996 - 2:00 p.m.
The Board of Supervisors of the City and County of San Francisco met in regular session on the above
date with President Kevin Shelley presiding.
CALLING THE ROLL
The meeting was called to order at 2:07 p.m. On call of the roll, the following Supervisors were
noted present:
Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 8.
Noted absent at first roll call:
Supervisors Alioto, Kennedy - 2.
Quorum present.
Supervisor Alioto was noted present at 2:10 p.m.
Supervisor Kennedy was noted present at 2:10 p.m.
APPROVAL OF JOURNAL
There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Leal, moved
that the Journal of Proceedings for Monday, May 6, 1996, be approved.
Motion carried by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 8.
Absent: Supervisors Alioto, Kennedy - 2.
Farewell Statement from Supervisor Willie B. Kennedy
Supervisor Kennedy submitted the following departing statement:
"It is with sadness and mixed emotions that I resign from the office of Supervisor of the City and
County of San Francisco. Maybe I should say as President Richard Nixon said, that you won't have Willie
Kennedy to kick around anymore. But I can say it with a smile on my face, for in fact despite the harsh
criticism and racist messages and statements I received throughout my fifteen years I have enjoyed them
all.
I wish I could say that my career has been 100% successful, but I can't. However I can say and I
believe that San Francisco is a better place to live because of the many changes I helped make and the
people's lives I touched. Being a Supervisor is more than creating legislation. Although I did my share,
it is interacting and helping the people you serve. There are a very few people that called my office
with a problem that was not solved to their satisfaction. It has been a great pleasure serving the people.
I really must thank Mr. Taylor and the clerks, especially the committee clerks, who work so hard to
keep us in line. We depend on Mr. Taylor so much to keep us straight that he sometimes forgets who is
boss.
All of the City departments have been great, and Lord knows that I worried all of you enough. So
thank you, Department of Social Services; Health; Department of Public Works; Purchasing; Public
Utilities Commission; Parking and Traffic; City Attorney; Chief Administrative Officer; Police; Fire;
Library; Controller; DeYoung Museum; Recreation and Park; Housing Authority and the Redevelopment Agency
and of course the Mayors' Office. But you were always there, for you always came through with flying
colors, for this I thank you. San Francisco is by far a better place to live because of your efforts.
Surprisingly, I have been able to work successfully with four Mayors, Dianne Feinstein who gave me the
opportunity to serve; Art Agnos, Frank Jordan and most importantly, Willie Brown. All of them contributed
to my growth.
Its so important that I thank the people of San Francisco for their
faith and trust in me through three campaigns, and for allowing me to
represent the City and County at the California State Association of
Counties, the National Association of Counties and the National Forum
of Black Public Administrators at their conferences and board
meetings. This has made me a better and stronger public servant and
the networking has proved invaluable.
I will miss serving as director of the Golden Gate Bridge District,
Association of Bay Area Government Board, Bay Conservation and
Development Commission and of course the Transportation Authority.
They have all been excellent tools of the trade. Through all of these
organizations I have made many wonderful friends.
Thanks to all of the businesses large and small, the corporations
and individuals who were always there for me. All of you are a part
of making San Francisco a better place to live and you made my job so
much easier.
You know it would be hard to run a campaign without some help, so my
thanks to Jim Jefferson, my treasurer for fifteen years, to Barbara
Jefimoff who did most of my campaign reports and for Welton Flynn for
keeping me straight with Uncle Sam. And the three persons who ran my
successful campaigns, Mary O'Shea 1984; Gail Kaufman 1988; and Jim
Wunderman in 1992.
Of course I could not leave without thanking all of my colleagues,
and there were many; John Molinari, Quentin Kopp, Doris Ward, Nancy
Walker, Carol Ruth Silver, Louise Renne, Harry Britt, Wendy Nelder,
Richard Hongisto, Lee Dolson, Bill Maher, Jim Gonzalez, Terence
Hallinan and Anne Marie Conroy, and all of you, the present Board of
Supervisors. It has been a pleasure working with you, a lot different
from the Board members I started with, but each of you represent the
City and County in your own professional way. I'm leaving the Board
in good hands.
Last but certainly not least, my staff, my backbone. Of the fifteen
years I served, I had only ten excellent dedicated members of my
staff: Avonee Smith, Dawn Burgess, Gayle Armstrong, Mary Kelley,
Darryl Cox, Minnie Loo, Richard Nichols, Sharon Treskennoff, Gaynell
again, Rhonda Parker and Jackie Keys. They all contributed to the
success of the office.
How do you say thanks to a person who has been with you for almost
ten years. Does it speak well for Gaynell or for me. I like to think
a little of both. Thanks Gaynell for being a dedicated, capable,
valuable and expert member of the team. I'm going to miss your
telling me what to do, how to do it and then doing it yourself.
Thanks for making me look good at all times. Good luck in your new
job.
And Jackie, I'm going to miss your capable dedicated service in the
office these past sixteen months. Although your personality upsets
some people, your skills out weighed it all. Thank you for helping to
make the 'Stand for Children' trip to Washington, DC a success.
Without your untiring help it could never have happened. Thanks to
you and all the volunteers from numerous non-profit agencies there
will be more than 100 people leaving for DC on Friday. Thanks Jackie.
I'm leaving the Board of Supervisors to work as the administrator
for the Transitional Development Corporation, so I won't be far away,
and I will still be working to make San Francisco a better place to
live.
To those of you who say good riddance, that she didn't do anything
anyway, I love you too."
Presentation Made
After each Supervisor was afforded an opportunity to extend their
best wishes to Supervisor Kennedy, President Shelley, on behalf of the
entire Board, presented Supervisor Kennedy with a resolution
commending her for her years of service to the people of the City and
County of San Francisco. (See infra.)
CONSENT CALENDAR
Recommendations of Budget Committee
Finally Passed
[Appropriation, Fire Department]
Ordinance appropriating $1,984,126, Fire Department, from the General
Fund Reserve for salaries, fringe benefits, services of other
departments (Workers Compensation) and facilities maintenance for
fiscal year 1995-96. (Controller)
File 101-95-76, Ordinance No. 198-96
Finally passed.
[Appropriation, Fire Department]
Ordinance appropriating $43,966, Fire Department, of Fire Plan Checking
Revenue for the purchase of computer equipment for fiscal year
1995-96. (Controller)
File 101-95-77, Ordinance No. 199-96
Finally passed.
[Settlement of Airport Claims/Legal Proceedings]
Ordinance amending Administrative Code, authorizing the Airports
Commission upon the recommendation of the City Attorney to settle or
dismiss any legal proceeding involving construction contract, property
or matter under its jurisdiction and which does not exceed $100,000
and also authorizing the City Attorney, with the consent of the
Airports Commission, to settle or dismiss the above Airport claims or
demands not exceeding $100,000. (Airports Commission)
File 97-96-26, Ordinance No. 216-96
(Adds Sections 10.25-10 and 10.25-11.)
Finally passed.
Recommendations of Government Efficiency and Labor Committee
Finally Passed
[Amendment to MOU, Local 856]
Ordinance amending Ordinance No. 219-95 to implement the provisions of
an arbitration award between the Teamsters Local 856 and the City and
County for the period July 1, 1996 through June 30, 1998. (Department
of Human Resources)
File 93-95-33.1, Ordinance No. 197-96
Finally passed.
[Mychelle Colleary v. CCSF, et al.]
Ordinance authorizing settlement of personal injury claim of Mychelle
Colleary against the City and County and its employee Chinedu
Elekwachi by payment of $15,000, each side to bear its own costs and
attorneys' fees. (City Attorney)
File 45-96-22, Ordinance No. 202-96
(Superior Court No. 969-275.)
Finally passed.
[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. (City
Attorney)
File 45-96-23, Ordinance No. 203-96
(Superior Court No. 961-877.)
Finally passed.
[Mamaradlo v. CCSF]
Ordinance authorizing settlement of litigation of Virginia Mamaradlo
and Manuel Mamaradlo against the City and County by payment of
$90,000. (City Attorney)
File 45-96-24, Ordinance No. 204-96
(Superior Court No. 965-646.)
Finally passed.
[Eubank v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Jerry Eubank and
Charles Eubank against the City and County by payment of $55,000.
(City Attorney)
File 45-96-25, Ordinance No. 205-96
(Superior Court No. 958-994.)
Finally passed.
[U.S.A. (Davis) v. CCSF]
Ordinance authorizing partial settlement of litigation of U.S.A.
(Davis) v. City and County, by payment of $195,875.00. (City Attorney)
File 45-96-26, Ordinance No. 206-96
(USDC, Northern District of California, Consolidated Cases Nos.
C84-1100 MHP, C84-7089 MHP.)
Finally passed.
[Barnes Construction Co., Inc. v. CCSF et al.]
Ordinance authorizing settlement of litigation of Barnes Construction
Co., Inc. against the City and County by payment of $15,000. (City
Attorney)
File 45-96-27, Ordinance No. 207-96
(Superior Court No. 968-676.)
Finally passed.
[Joseph Nugent/Catherine Schoop v. CCSF et al.]
Ordinance authorizing settlement of litigation of Joseph Nugent and
Catherine Schoop against the City and County by payment of $13,888.85.
(City Attorney)
File 45-96-28, Ordinance No. 208-96
(Municipal Court No. 118698.)
Finally passed.
[Morley Shapiro v. CCSF, et al.]
Ordinance authorizing settlement of litigation of Morley Shapiro
against the City and County by payment of $40,000. (City Attorney)
File 45-96-29, Ordinance No. 209-96
(Superior Court No. 958-035.)
Finally passed.
[CCSF, v. Department of Health Services]
Ordinance authorizing settlement of litigation of the City and County
against the State Department of Health Services, for approval of
Medi-Cal reimbursement claims. (City Attorney)
File 46-96-7, Ordinance No. 210-96
(Superior Court No. 962-505.)
Finally passed.
[CCSF v. AVP Investments, et al.]
Ordinance authorizing settlement of litigation of City and County v.
AVP Investments, et al. and the City's purchase of Assessor's Block
2336, Lot 27, for open space for $2,340,000. (City Attorney)
File 46-96-8, Ordinance No. 211-96
(Superior Court Action No. 963-267.)
Finally passed.
[Approving Portsmouth Square Parking Garage Lease Amendment] Ordinance
approving a second amendment to the Portsmouth Square Public Parking
lease between the City and County and the San Francisco Portsmouth
Plaza Parking Corporation, which provides for quarterly rather than
annual payments of rent, and strengthens the City's termination rights
under the lease; companion measure to File 49-96-1. Sponsor Supervisor
Ammiano.
File 47-96-3, Ordinance No. 212-96
Finally passed.
[Lease, New Main Library, 100 Larkin Street]
Ordinance authorizing and approving the lease of space in City-owned
property at 100 Larkin Street, consisting of a portion of the lowest
floor to Robin Boley-Alvarez and Francois Alvarez commencing April 18,
1996. (Real Estate Department)
File 65-96-6, Ordinance No. 214-96
Finally passed.
[Sexual Harassment]
Ordinance amending Administrative Code, to prohibit discrimination and
sexual harassment of city employees and members of the public.
Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Shelley.
File 97-96-18, Ordinance No. 215-96
(Amends Sections 12B.1 and 12B.2.)
Finally passed.
Recommendation of Economic Vitality and Social Policy Committee
Finally Passed
[Street Acceptance]
Ordinance accepting the roadway of Waterville Street from Silver Avenue
to Conkling Street, from curb to curb for maintenance. Sponsor Supervisor
Kennedy.
File 9-96-2, Ordinance No. 201-96
Finally passed.
Recommendations of Housing and Land Use Committee
Adopted
[Stop Intersections]
Resolution designating certain intersections as stop intersections.
Sponsor Supervisor Shelley.
File 18-96-6, Resolution No. 463-96
(Stop Signs - Establish
Sixteenth Avenue and Noriega Street (north), northeast corner,
stopping Noriega Street traffic (presently an uncontrolled
T-intersection).
Sixteenth Avenue and Noriega Street (south), southwest corner,
stopping Noriega Street traffic (makes this an all-way stop.)
Sixteenth Avenue and Ortega Street, northeast and southwest corners,
stopping Ortega Street traffic (makes this an all-way stop).
Eighteenth Avenue and Moraga Street, northwest and southeast
corners, stopping Eighteenth Avenue traffic (makes this an all-way
stop).
Second Avenue and Irving Street, northeast and southwest corners,
stopping Irving Street traffic (makes this an all-way stop).
Beach and Jones Streets, northeast and southwest corners, stopping
Beach Street traffic (makes this an all-way stop).
Clifford Terrace and Ashbury Street, northeast corners, stopping
Clifford Terrace traffic (presently an uncontrolled T-intersection).
College Avenue and Murray Street, northwest and southeast corners,
stopping College Avenue traffic (makes this an all-way stop).
Melrose Avenue and Teresita Boulevard, northeast corner, stopping
Melrose Avenue traffic (presently an uncontrolled T-intersection).
Monterey Boulevard and Ridgewood Avenue, northeast and southwest
corners, stopping Monterey Boulevard traffic (makes this an all-way
stop).)
Adopted.
[Parking Regulations]
Resolution enacting and rescinding parking regulations at various
locations. (Housing and Land Use Committee)
File 19-96-7, Resolution No. 464-96
(20-Minute Parking Time Limit, 4 p.m. - 6 p.m., School Days -
Establish
Stockton Street, east side, between Pine and Emma Streets.
No Parking Anytime - Establish
Seventeenth Street, north side, from Treat Avenue to 40 feet
westerly (40-foot zone).
No Parking, 9 a.m. - 6 p.m., Monday Through Friday - Establish
Holloway Avenue, north side, between Ashton Avenue and Beverly
Street.
Unmetered Motorcycle Parking - Rescind
Nineteenth Avenue, west side, from 723 feet to 823 feet north of
Holloway Avenue (100-foot zone to be relocated to accommodate new
white zone).
Unmetered Motorcycle Parking - Establish
Nineteenth Avenue, west side, from 800 feet to 900 feet north of
Holloway Avenue (100-foot zone).)
Adopted.
[Traffic Regulations, Various Locations]
Resolution enacting and rescinding traffic regulations on various
streets. (Housing and Land Use Committee)
File 20-96-6, Resolution No. 465-96
No U-Turns - Establish
Market Street, westbound, at Valencia Street.
No Left Turn, 4 p.m. - 6 p.m., Except Sundays - Rescind
No Left Turn, 4 p.m. - 6 p.m., Except Sundays (Muni Excepted) -
Establish
South Van Ness Avenue, northbound, at Sixteenth Street.
Tow-Away, No Stopping Anytime - Establish
Sutter Street, north side, between Market and Sansome Streets.
Tow-Away Lane Must Turn Right - Establish
Folsom Street, eastbound, at Fourth Street.
Tow-Away, No Stopping, 6 a.m. - 10 a.m., Monday Through Friday -
Rescind
Tow-Away, No Stopping, 6 a.m. - 9 a.m., Monday Through Friday -
Establish
Sixth Street, east side, between Bryant and Brannan Streets (change
in effective hours only).)
Adopted.
The foregoing items on the Consent Calendar were acted upon by the
following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Alioto, Kennedy - 2.
REGULAR CALENDAR
UNFINISHED BUSINESS
Recommendations of Economic Vitality and Social Policy Committee
Finally Passed
[Release of Lien and Forgiveness of Debt]
Ordinance forgiving debt for unpaid water charges which includes
interest and penalties owned by Booker T. Washington Community Service
Center and authorizing and directing city officers and employees to
expunge lien for those charges on property known as Booker T.
Washington Community Service Center at 800 Presidio.
Sponsors Supervisors Kennedy, Bierman, Teng.
File 3-96-1.1, Ordinance No. 200-96
Finally passed by the following vote:
Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Shelley, Teng, Yaki - 9.
Absent: Supervisor Alioto - 1.
[Home Delivery Services]
Ordinance amending the Police Code by adding Section 3305.1 thereto,
making it unlawful to refuse home delivery services to a residential
address located within the business' normal delivery range with
specified exceptions. Sponsors Supervisors Kennedy, Bierman, Teng.
File 121-96-8, Ordinance No. 217-96
Finally passed by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
From Government Efficiency and Labor Committee
Without Recommendation
Finally Passed
[Lease Agreement, Pier 38 Maritime Recreation Center]
Ordinance approving Lease Agreement as amended between Carl Ernst, Jr.
and Pier 38 Maritime Recreation Center, Inc. and the City and County
operating by and through the Port Commission for a Maritime Recreation
Center at Pier 38 (on the Embarcadero between Townsend and Brannan
Streets) and requiring the Port to report back to the Board of
Supervisors regarding the base rent terms for the dining space at the
end of the tenth year of the proposed lease and any reduction in
percentage rents during the term of the lease and requiring capital
improvement expenditures to be made on maritime facilities prior to or
contemporaneous with restaurant or other related recreation
facilities. (Port Commission)
File 65-96-2.1, Ordinance No. 213-96
Finally passed by the following vote:
Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Shelley, Teng, Yaki - 9.
Noes: Supervisor Ammiano - 1.
NEW BUSINESS
Recommendations of Budget Committee
Passed for Second Reading
[Appropriation, DPH-Mental Health/SFGH]
Ordinance rescinding $503,467, Mental Health, of Mental Health
Professional Services and appropriating $117,638 to salaries and
fringe benefits for the creation of eighteen (18) full time equivalent
positions at Mental Health, and transferring and appropriating
$308,726 for San Francisco General Hospital for salaries, fringe
benefits, non-personal services, materials and supplies and equipment
purchase for the creation of two hundred twenty-two (222) full time
equivalent positions for the operation of the Mental Health
Rehabilitation Facility for fiscal year 1995-96. (Controller)
File 101-95-78, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Salary Ordinance Amendment, DPH-Mental Health/SFGH]
Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96), Department of Public Health-Mental Health, reflecting the
creation of eighteen (18) positions at Mental Health-Substance Abuse
Services, and two hundred twenty-two (222) positions at San Francisco
General Hospital for the operation of the Mental Health,
rehabilitation facility for fiscal year 1995-96; companion measure to
File 101-95-78. (Department of Human Resources)
File 102-95-19, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Appropriation, Assessor's Office]
Ordinance amending the 1995-96 Annual Appropriation Ordinance by
appropriating $357,249, Assessor's Office, of AB 818 State Loan
Revenue, for salaries, fringe benefits and equipment purchase for the
creation of six (6) positions for staff support at the Assessor's
Office, for the first year of a three-year project to reduce the
assessment backlog. (Controller)
File 101-95-79, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Salary Ordinance Amendment, Assessor's Office]
Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance,
1995/96), Assessor's Office, reflecting the creation of six (6)
positions; companion measure to File 101-95-79. (Department of Human
Resources)
File 102-95-20, Ordinance No.
(Fiscal Impact.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Consideration Continued
[Summer Youth Employment Credit]
Ordinance amending Part III, Articles 12-A (the Payroll Expense Tax
Ordinance) and 12-B (the Business Tax Ordinance) of the Municipal Code
to provide for credits against those taxes for businesses hiring
youths between the ages of 14 and 21 for the summer; and to provide
that the provisions of these credits expire on December 31, 2001.
Sponsors Supervisors Yaki, Leal, Ammiano, Bierman, Teng, Alioto, Kaufman,
Kennedy, Shelley.
File 127-96-5, Ordinance No.
(Add Sections 906-C and 1005.7.)
Supervisor Yaki, seconded by Supervisor Ammiano, moved to continue
consideration to June 3, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
In connection with the above item, Supervisors Kennedy, Shelley
requested to be added as co-sponsors.
Adopted
[Redevelopment Agency Budget and Bonds]
Resolution approving an amendment to the budget of the Redevelopment
Agency of the City and County of San Francisco for fiscal year 1995-96
by increasing by $1,000,000 the Agency's expenditure for the South of
Market Earthquake Recovery Redevelopment Project Area; approving the
issuance of not to exceed $1,143,000 of Tax Allocation Bonds; and
authorizing the Agency to increase its Annual Statement of
Indebtedness by $98,069. Sponsor Supervisor Bierman.
File 161-95-6.1, Resolution No. 450-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Recommendations of Health, Public Safety and Environment Committee
Adopted
[California Civil Code]
Resolution urging the State Legislature to amend California Civil Code
Section 1714.45 which provides certain immunity to tobacco
manufacturers from product liability lawsuits filed in the State of
California. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Hsieh,
Kaufman, Kennedy, Shelley, Teng.
File 12-96-22, Resolution No. 458-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Kaufman, Kennedy - 2.
Adopted as Amended
[Litigation, Tobacco Companies]
Resolution urging the City Attorney and District Attorney to institute
litigation against the United States Tobacco Companies to recover the
costs of caring for people with smoking-related illnesses.
Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Shelley, Teng.
File 194-96-1, Resolution No. 469-96
Supervisor Alioto, seconded by Supervisor Ammiano, moved an
amendment of the whole entitled, "Resolution urging the City Attorney
and District Attorney to institute litigation against the United
States Tobacco Companies to recover the costs of caring for people
with smoking-related illnesses."
Amendment of the whole adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Adopted as amended by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Recommendations of Housing and Land Use Committee
Passed for Second Reading
[Sidewalk Width Regulations, Bryant/Ninth/Brannan]
Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of
Sidewalks" by adding thereto Section 1522 changing the official
sidewalk widths on the southeasterly side of Bryant Street between
Ninth Street and 275 feet northeasterly of Ninth Street, on the
northeasterly side of Ninth Street between Bryant and Brannan Streets,
and on the northwesterly side of Brannan Street between Ninth Street
and 275 feet northeasterly of Ninth Street, as shown on the Department
of Public Works drawing labeled Q-20-418 and making findings pursuant
to City Planning Code Section 101.1. (Department of Public Works)
File 34-96-2, Ordinance No.
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Kaufman, Kennedy - 2.
[Parking Authority]
Ordinance amending Administrative Code, which set forth certain powers
and responsibilities of the Parking Authority that are no longer
consistent with the San Francisco Charter, or Administrative Code, or
current practice; to make those sections consistent with the powers
and responsibilities vested in the Parking and Traffic Commission and
which provide for certain powers and responsibilities of the Parking
Authority consistent with the San Francisco Charter, the
Administrative Code and current practice. (Department of Parking and
Traffic)
File 97-96-28, Ordinance No.
(Repeals Sections 17.2-1, 17.2-2, 17.3, 17.4, 17.5, 17.9, 17.10,
17.14, 17.15, 17.19, and 17.22; amends Sections 17.1, 17.2, 17.6,
17.7, 17.8, 17.11, 17.16, 17.17, 17.18, 17.20, 17.21, and 17.23;
adds Sections 17.3, 17.8, 17.11, 17.12, and 17.16.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Kaufman, Kennedy - 2.
Adopted
[Liquor License, 413/415 Geary Street]
Resolution determining that the issuance of a Type 64 on sale general -
special theater alcoholic beverage license to Dianne M. Prichard for
the American Conservatory Theater (A.C.T.), located at 413/415 Geary
Street, will serve the convenience and necessity of the people of the
City and County, in accordance with Section 23958.4 of the California
Business and Professions Code. (Housing and Land Use Committee)
File 223-96-17, Resolution No. 470-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Kaufman, Kennedy - 2.
[Liquor License, 1795 Geary Street]
Resolution determining that the issuance of a Type 42 on sale beer and
wine license at 1795 Geary Street to Thomas Campbell-Reed will serve
the convenience and necessity of the people of the City and County, in
accordance with Section 23958.4 of the California Business and
Professions Code. (Housing and Land Use Committee)
File 223-96-18, Resolution No. 471-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley,
Teng, Yaki - 8.
Absent: Supervisors Kaufman, Kennedy - 2.
From Housing and Land Use Committee
Without Recommendation
(Only one of the following motions should be adopted.)
Consideration Continued
[Appeal, Sidewalk Encroachment, 818 Sanchez Street]
Motion denying the appeal of a decision of the Director of Public Works
which granted the issuance of a minor sidewalk encroachment permit to
occupy, construct and maintain within the unimproved portion of the
public right-of-way fronting the property at 818 Sanchez Street the
following four encroachments (1) low (less than 4' high) retaining
walls, (2) concrete walk and steps with decorative pavers; (3)
driveway with decorative pavers for egress and ingress to subject
property; and (4) landscaping and irrigation; sustaining decision of
the Director of Public Works and granting issuance of permit.
(Housing and Land Use Committee)
File 24-96-2
Supervisor Bierman, seconded by Supervisor Teng, moved to continue
consideration to June 17, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Shelley, Teng, Yaki - 9.
Absent: Supervisor Kennedy - 1.
[Encroachment Permit, 818 Sanchez Street]
Motion upholding the appeal of a decision by the Director of Public
Works, which granted the issuance of a minor sidewalk encroachment
permit to occupy, construct, and maintain within the unimproved
portion of the public right-of-way fronting the property at 818
Sanchez Street the following four encroachments (1) low (less than 4'
high) retaining walls, (2) concrete walk and steps with decorative
pavers; (3) driveway with decorative pavers for egress and ingress to
subject property; and (4) landscaping and irrigation and denying
issuance of permit. (Housing and Land Use Committee)
File 24-96-2.1
Supervisor Bierman, seconded by Supervisor Teng, moved to continue
consideration to June 17, 1996.
Motion to continue adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Shelley, Teng, Yaki - 9.
Absent: Supervisor Kennedy - 1.
Recommendations of Rules Committee
Passed for Second Reading
[Use of Surplus Campaign Funds]
Ordinance amending Administrative Code, to provide that individuals who
cease to be a candidate for local office, or who fail to qualify as a
candidate for local office, and who have unexpended campaign funds,
may donate the unexpended funds to the General Fund of the City and
County. Sponsors Supervisors Shelley, Teng.
File 97-96-29, Ordinance No.
(Amends Section 16.510.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal,
Shelley, Teng, Yaki - 9.
Absent: Supervisor Kennedy - 1.
In connection with the above item, Supervisor Teng requested to be
added as co-sponsor.
[Gun Control]
Ordinance amending Police Code, relating to the sale, lease or other
transfer of firearms, firearm ammunition or firearm ammunition
components. Sponsors Supervisors Shelley, Bierman, Leal, Yaki, Ammiano, Teng.
File 121-96-6, Ordinance No.
(Amends Sections 613.1 and 613.10.)
Passed for second reading by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
In connection with the above item, Supervisors Yaki, Ammiano, Teng
requested to be added as co-sponsors.
Adopted
[Appointments]
Resolution appointing members to the Delinquency Prevention Commission,
for unexpired portion of a four-year term ending December 31, 1996.
(Rules Committee)
File 92-95-28.2, Resolution No. 448-96
(Arnold Laub, vice Raymond L. Benson, deceased, Seat No. 21814;
Sharon Olivia Hoff, vice Eric Ciasullo, resigned, Seat No. 21816.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Appointment]
Resolution appointing member to the Telecommunications Policy
Commission, for new two-year term ending February 1, 1998. (Rules
Committee)
File 92-95-48, Resolution No. 449-96
(Byron Rhett, vice himself, Seat No. 21608, public-at-large, term
expired.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Appointment]
Resolution confirming the appointment of Mary C. Dunlap, Interim
Director of the Office of Citizen Complaints, as the permanent
Director of the Office of Citizen Complaints. Sponsors Supervisors Ammiano,
Alioto.
File 33-96-4, Resolution No. 466-96
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Appointments]
Resolution appointing members to the Sunshine Ordinance Task Force, for
new two-year terms ending April 27, 1998. (Rules Committee)
File 92-96-21.1, Resolution No. 467-96
(Karl Olson, vice Elizabeth Pritzker, Seat No. 27101, must be
attorney nominated by Society of Professional Journalists;
Bruce B. Brugmann, vice himself, Seat No. 27102, must be local
journalist nominated by Society of Professional Journalists;
Charlotte P. Berk, vice herself, Seat No. 27104, must be nominee of
the League of Women Voters;
Robert R. Planthold, vice himself, Seat No. 27105, must be disabled
and have interest in citizen access/participation;
Sue Hester, vice herself, Seat No. 27106, must be member of the
public with interest/experience in local government;
Landis Whistler, vice himself, Seat No. 27107, must be member of the
public with interest/experience in local government;
Enrique Ramirez, vice himself, Seat No. 27109, must be member of the
public experience in consumer advocacy;
Byron McQuarters, vice himself, Seat No. 27113, must be member of
the public with interest/experience in local government;
David Pilpel, vice James Chaffee, Seat No. 27108, must be member of
the public experienced in consumer advocacy;
Marilyn Smulyan, vice Kathryn L. Perry, Seat No. 27114, must be
member of the public with interest/experience in local government.)
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Closed Session
Conference with City Attorney - Litigation
From the President
Adopted
Motion that the Board of Supervisors convene in closed session with
City Attorney for the purpose of reviewing the (i) existing litigation
of Williams v. San Francisco, U.S.District Court Nos. C96-0705 SBA and
C96-1337 SBA, as permitted by Government Code Section 54956.9(a); (ii)
as plaintiff, permitted by Government Code Section 54956.9(c); (iii)
to further review the City's position on whether the City should
initiate litigation against Viacom and/or TCI related to
telecommunications franchise issues, as authorized by California
Government Code Section 54956.9(c); (iv) as defendant because
significant exposure to litigation exists pursuant to subdivision (b)
(1) of Section 54956.9 regarding San Francisco's needle exchange
program.
Supervisor Kennedy, seconded by Supervisor Teng, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
Recess
The Board recessed at the hour of 2:46 p.m. to convene in closed
session.
Reconvening of the Board
The Board, at the hour of 3:42 p.m., reconvened.
Calling the Roll
The following Supervisors were noted present:
Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal,
Shelley, Yaki - 8.
Noted absent:
Supervisors Alioto, Teng - 2.
Quorum present.
Supervisor Alioto was noted present at 3:47 p.m.
Supervisor Teng was noted present at 3:47 p.m.
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
(i) existing litigation of Williams v. San Francisco, U.S.District
Court Nos. C96-0705 SBA and C96-1337 SBA, as permitted by Government
Code Section 54956.9(a); (ii) as plaintiff, permitted by Government
Code Section 54956.9(c); (iii) to further review the City's position
on whether the City should initiate litigation against Viacom and/or
TCI related to telecommunications franchise issues, as authorized by
California Government Code Section 54956.9(c); (iv) as defendant
because significant exposure to litigation exists pursuant to
subdivision (b) (1) of Section 54956.9 regarding San Francisco's
needle exchange program.
The meeting was informational only and no action was taken.
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 in pending employee relations negotiations.
Supervisor Kennedy, seconded by Supervisor Teng, moved adoption.
Motion adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
SPECIAL ORDER 3:00 P.M.
Hearing Held
[Public Hearing]
Hearing of persons interested in or objecting to creation of the ABAG
Finance Authority for Nonprofit Corporations, appointing its
representatives and execution and delivery of a joint exercise of
powers agreement; adoption of Final Negative Declaration in connection
with creation of the National Center for International Schools at 129
and 150 Oak Street and 289 Fell Street; and approving the execution
and delivery of not to exceed $22 million aggregate principal amount
of certificates of participation for the financing of the National
Center for International Schools Project.
File 241-96
The following message was read by a representative from the Chief
Administrative Officer's office:
"Ladies and Gentlemen:
"The ABAG Finance Authority for Nonprofit Corporations or another
joint exercise of powers agency (hereinafter referred to as the
"Authority") proposes to provide for the execution and delivery of
certificates of participation in the amount of up to $22,000,000 to
assist the National Center for International Schools (hereinafter
referred to as the "Corporation") in financing the acquisition and
construction of, and improvements to, a five-story building and
related improvements which will house
the offices of the Corporation and the campuses of the Chinese American
International School and the French-American International School, as
well as other bilingual or bi-cultural programs which the Corporation
may promote."
"Section 147(f)(2) of the Internal Revenue Code of 1986 requires
that, in order for interest evidenced and represented by the
certificates to be excluded from gross income for federal income tax
purposes, an "applicable elected representative" of the host
governmental unit must approve the certificates of participation
financing. Such approval must follow a public hearing which has been
preceded by reasonable public notice.
"Since the facilities to be financed with the proceeds of the
certificates are or will be located within the jurisdiction of the
City and County of San Francisco, the Board of Supervisors of the City
and County of San Francisco will conduct this public hearing as the
host governmental unit.
"This hearing is being conducted pursuant to a notice published on
May 3, 1996 in the Independent, a newspaper of general circulation
within the City and County of San Francisco.
"The facilities to be financed are or will be located at 150 Oak
Street, 129 Oak Street and 289 Fell Street, San Francisco, California.
"The certificates will evidence and represent installment payments
to be made by the Authority to the Corporation pursuant to an
installment sale financing, and will be payable solely from amounts
received from the Corporation pursuant to the terms and provisions of
an installment sale agreement between the Corporation and the
Authority. The Certificates and the installment sale financing will
not be a general obligation of the City and County of San Francisco or
the State of California, or a charge upon the full faith and credit or
taxing power of either.
"As announced in the published notice, we now offer this opportunity
for all interested persons to speak or submit written comments
concerning the proposed installment sale financing, the execution and
delivery of the certificates and the nature or location of the
facilities to be financed thereby."
The President then inquired if there was anyone present who wished
to address the Board.
There being no response, the President declared the public hearing
closed.
Rereferred to Committee
[ABAG Finance Authority Membership]
Resolution approving, authorizing and directing the execution and
delivery of a Joint Exercise of Powers Agreement relating to the ABAG
Finance Authority for Nonprofit Corporations, acknowledging and
approving the by-laws thereof (including an indemnity contained
therein), appointing a representative to the governing board thereof,
authorizing the Board of Supervisors or the Mayor's Office to hold
public hearings required by Section 147(f) of the Internal Revenue
Code of 1986 in connection with projects to be located within the City
and finance by the ABAG Finance Authority for Nonprofit Corporations,
and designating either the Board of Supervisors or the Mayor as the
applicable elected representative for purposes of Section 147(f) of
the Internal Revenue Code of 1986. Sponsors Supervisors Kaufman, Hsieh,
Bierman, Teng.
File 241-96-1, Resolution No.
(May 20, 1996 - Consideration continued to May 28, 1996.)
Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to
Budget Committee.
Motion to rerefer to Committee adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Final Negative Declaration]
Resolution adopting Final Negative Declaration, finding and determining
that a reclassification from a P (Public) to an NC-3 (Moderate-Scale
Neighborhood Commercial) District, conversion of a vacant,
approximately 185,000 gross square foot office building to a school
for students from pre-kindergarten through twelfth grade (National
Center for International Schools), demolition of existing structures
and construction of a gymnasium, and provision of parking for 115
automobiles for the property located at 129 and 150 Oak Street and 289
Fell Street, Assessor's Block 833, Lots 3 and 15 and Assessor's Block
837, Lots 18, 19 and 20, will have no significant impact on the
environment, and adopting and incorporating findings of Final Negative
Declaration. Sponsors Supervisors Kaufman, Hsieh, Bierman, Teng.
File 241-96-2, Resolution No.
(May 20, 1996 - Consideration continued to May 28, 1996.)
Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to
Budget Committee.
Motion to rerefer to Committee adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[TEFRA AND NCIS Project Approval]
Resolution approving the execution and delivery of not to exceed $22
million aggregate principal amount of certificates of participation
for the financing of the National Center for International Schools
Project; companion measure to File 241-96-2. Sponsors Supervisors Kaufman,
Hsieh, Bierman, Teng.
File 241-96-3, Resolution No.
(May 20, 1996 - Consideration continued to May 28, 1996.)
Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to
Budget Committee.
Motion to rerefer to Committee adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
PUBLIC COMMENT
The privilege of the floor was granted to the following persons:
Eula Walters, save Ferry Park;
Cathy Perry, Chester Meadows eviction, 21st Century Academy
School, Youth for Self Employment;
Thomas Karnar, Bay Area Youth News;
Brandon Johnson, Bay Area Youth News;
Malaika Coleman, youth newspaper;
Leboriae P. Smoore, police brutality, constitution for poor;
Virginia Conway, Russian Hill reservoir.
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
[CCPPSS Member Appointments]
Resolution specifying that 10 of the 11 members of the Comprehensive
Community Policing and Public Safety Strategy (CCPPSS) Task Force
shall be residents of those areas that correspond to the 10 existing
geographical police districts and that the CCPPSS shall be eligible to
receive and disburse funds. Sponsor Supervisor Kennedy.
File 174-95-6.1, Resolution No. 451-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
[Commend Enid Lim]
Resolution commending Enid Lim and declaring June 14, 1996 Enid Lim Day
in San Francisco. Sponsors Supervisors Teng, Bierman, Shelley, Yaki, Kaufman,
Kennedy.
File 6-96-75, Resolution No. 455-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Yaki, Kaufman,
Kennedy requested to be added as co-sponsors.
[Commend Willie B. Kennedy]
Resolution commending Willie B. Kennedy for her service on the Board of
Supervisors and for her service to the people of the City and County
of San Francisco. Sponsors Supervisors Shelley, Alioto, Ammiano, Bierman,
Hsieh, Kaufman, Leal, Teng, Yaki.
File 6-96-76, Resolution No. 419-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
[Commend Little League Baseball]
Resolution supporting Little League Baseball in San Francisco.
Sponsors Supervisors Bierman, Yaki, Kaufman, Leal, Kennedy, Teng.
File 6-96-77, Resolution No. 456-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Yaki, Kaufman, Leal,
Kennedy, Teng requested to be added as co-sponsors.
[Amendments to the Older Californians Act]
Resolution supporting the assurance that priority consideration be
given to target funding and services to those in greatest economic or
social need, with particular attention to low-income,
non-or-limited-English speaking populations, minority populations, and
the frail elderly; the assurance of funding factors for those in
greatest economic or social need, with particular attention to
low-income non-or limited-English speaking populations, minority
populations, and the frail elderly; the assurance of adequate funding
for the Ombudsman program and the retention of state Ombudsman office;
the assurance of adequate funding for the development and enhancement
of the home and community-based system care; the maintenance of
congregate nutrition programs as an entitlement; and the maintenance
of the HICAP program in the amendments to the Older Californians Act.
Sponsors Supervisors Yaki, Bierman, Kaufman, Leal, Kennedy.
File 12-96-27, Resolution No. 459-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Kaufman, Leal,
Kennedy requested to be added as co-sponsors.
[State Legislation - SB 1696]
Resolution supporting Senate Bill 1696 (Kopp) that seeks to reduce the
manufacture and sale of portable aerosol paint cans and encourages the
development of new technologies to reduce graffiti. Sponsors Supervisors
Alioto, Kennedy.
File 12-96-28, Resolution No. 460-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisor Kennedy requested to
be added as co-sponsor.
[Same-Sex Marriage]
Resolution urging the United States Congress and the President of the
United States, to veto the "Defense of Marriage Act", and for the
President to reconsider his opposition on same-sex marriage.
Sponsors Supervisors Ammiano, Bierman, Yaki, Leal, Kaufman, Kennedy, Teng.
File 13-96-20.1, Resolution No. 461-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Yaki, Leal, Kaufman,
Kennedy, Teng requested to be added as co-sponsors.
[Subsidized Mortgage Loans and Section 8 Housing]
Resolution opposing recent changes in federal law regarding subsidized
mortgage loans and Section 8 housing. Sponsors Supervisors Bierman, Yaki,
Kennedy, Teng.
File 13-96-21, Resolution No. 462-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Yaki, Kennedy, Teng
requested to be added as co-sponsors.
[Newspaper Merger]
Resolution urging the District Attorney and the City Attorney to use
all of the powers granted to them under California law and the City
Charter to fully investigate any proposed merger or discontinuation of
one of San Francisco's daily newspapers as a possible violation of
California anti-trust law and to take appropriate legal action.
Sponsors Supervisors Ammiano, Bierman, Kennedy, Teng.
File 112-96-3.1, Resolution No. 468-96
(May 20, 1996 - Introduced in Board for consideration on May 28,
1996.)
Adopted.
In connection with the above item, Supervisors Kennedy, Teng
requested to be added as co-sponsors.
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 1-96-22, Resolution No. 452-96
(Sue Bierman, member, Board of Supervisors, June 7 - 16; Lily Chan,
Commissioner, Film and Video Arts Commission, April 27 - May 3;
Joseph Driscoll, Commissioner, Retirement System Board, June 10 -
21; Edward Harrington, Controller, Office of the Controller, May 19
- 22; Sandra R. Hernandez, M.D., Director of Health, Department of
Public Health, June 26 - 28; Bobbie Sue Hood, President, Building
Inspection Commission, April 26 - 28; Alan T. Huie, Commissioner,
Film and Video Arts Commission, May 1 - 3; James W. McCullough,
Commissioner, Film and Video Arts Commission, May 1 - 3 and May 17
- 19; John E. Newlin, Executive Director, Department of Parking and
Traffic, May 23 - 24; Sululagi Palega, Sr., Commissioner, Social
Services Commission, May 10 - 12; Edward Petrillo, Commissioner,
Film and Video Arts Commission, May 11 - 16; Denise Roth,
Commissioner, Film and Video Arts Commission, May 10 - 22; Anna C.
Shimko, Commissioner, Juvenile Probation Commission, May 16 - 20;
Jitu Somaya, Commissioner, Asian Art Museum, May 28 - June 2;
Andrew Sun, Commissioner, Public Transportation Commission, May 15
- 17, 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 Kennedy, seconded by Supervisor Ammiano, 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 Kennedy, seconded by Supervisor Ammiano, moved adoption.
Adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Imperative Resolutions]
Adopted
[Commend LeRoy King]
Resolution commending Commissioner LeRoy King, a devoted hardworking
labor leader and long time resident of the Western Addition, for his
continuous, philanthropic expressions of boundless generosity and love
for the people of the City and County of San Francisco.
File 006-96-078, Resolution No. 453-96
Supervisors Kennedy, Hsieh, Ammiano, Kaufman, Alioto, Yaki, Bierman,
Shelley, Teng, Leal presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Commend The China Press]
Resolution commending The China Press and declaring June 1, 1996 China
Press Day in San Francisco.
File 006-96-079, Resolution No. 454-96
Supervisor Teng presented for immediate adoption.
Resolution adopted by the following vote:
Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman,
Kennedy, Leal, Shelley, Teng, Yaki - 10.
[Commend Mrs. Anson Chan]
Resolution commending Mrs. Anson Chan and declaring May 28, 1996 Mrs.
Anson Chan Day in San Francisco.
File 006-96-080, Resolution No. 457-96
Supervisor Teng 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
[General Plan Referrals]
Ordinance amending Administrative Code by adding Section 3.012 to
provide for General Plan referrals. Supervisor Kaufman presented.
Referred to Select Committee on Charter Implementation with request it
be considered on June 13, 1996.
File 097-96-035.
[General Plan Referral, Capital Improvement]
Ordinance amending Administrative Code Section 3.011 to provide for
General Plan referrals by the Capital Improvement Advisory Committee.
Supervisor Kaufman presented. Referred to Select Committee on Charter
Implementation with request it be considered on June 13, 1996.
File 097-96-036.
Referred to Board
[Commend Chinatown Branch Library Re-opening]
Resolution commending the re-opening of the San Francisco Chinatown
Branch Library and declaring June 15, 1996 to be "Chinatown Branch
Library Day" in San Francisco. Supervisors Hsieh, Teng, Yaki,
Shelley, Ammiano, Kaufman, Alioto, Leal, Kennedy, Bierman presented.
Referred to Board for Adoption Without Committee Reference Calendar
June 3, 1996.
File 006-96-081.
[Commend Rosalyn Koo]
Resolution commending Rosalyn Koo on her tremendous contributions as
Chair of the Library Foundation of San Francisco to the Chinatown
Branch Library and for her many years of service to the community.
Supervisors Hsieh, Teng, Yaki, Shelley, Ammiano, Kaufman, Kennedy,
Alioto, Leal, Bierman presented. Referred to Board for Adoption
Without Committee Reference Calendar June 3, 1996.
File 006-96-082.
[Commend Shoji Horikoshi]
Resolution commending Shoji Horikoshi for his 40 years of distinguished
service to the San Francisco Police Department and declaring June 7,
1996 to be "Shoji Horikoshi Day" in San Francisco. Supervisors Hsieh,
Teng, Yaki, Shelley, Ammiano, Kaufman, Alioto, Leal, Kennedy, Bierman
presented. Referred to Board for Adoption Without Committee Reference
Calendar June 3, 1996.
File 006-96-083.
[Commend Chinese Historical Society of America]
Resolution commending the Chinese Historical Society of America on
their Third Annual Fundraising event to benefit the development of a
National Museum and Learning Center. Supervisors Teng, Hsieh, Yaki,
Bierman, Shelley presented. Referred to Board for Adoption Without
Committee Reference Calendar June 3, 1996.
File 006-96-084.
[Childhood Lead Prevention Funding]
Resolution urging the Governor and State Legislature to fully fund
childhood lead prevention programs. Supervisor Shelley presented.
Referred to Board for Adoption Without Committee Reference Calendar
June 3, 1996.
File 012-96-030.
[Voting Rights Act Bilingual Provisions]
Resolution opposing the proposed "Bilingual Voting Requirements Repeal
Act of 1995" (H.R. 351) eliminating the bilingual provisions of the
Voting Rights Act of 1975. Supervisors Leal, Yaki, Teng, Hsieh,
Bierman, Ammiano, Alioto, Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar June 3, 1996.
File 013-96-022.
[H.R. 2202, Immigrant Services]
Resolution establishing policy of the City and County to oppose federal
or state restrictions on immigrants' access to services; opposing H.R.
2202 and S.1664; urging the Conference Committee of the U.S. House and
Senate to adopt the least restrictive provisions of H.R. 2202 and S.
1664 and urging the President to veto H.R. 2202, S. 1664 and all other
bills restricting immigrants' access to services. Supervisors Teng,
Leal, Bierman, Yaki, Hsieh, Ammiano, Kennedy presented. Referred to
Board for Adoption Without Committee Reference Calendar June 3, 1996.
File 013-96-023.
[Appointment]
Resolution appointing Supervisor Tom Ammiano as a member of the Board
of Directors, Golden Gate Bridge, Highway and Transportation District.
Clerk of the Board. Referred to Board for Adoption Without Committee
Reference Calendar June 3, 1996.
File 092-96-026.
[Appointment]
Resolution appointing Supervisor Mabel Teng to the Bay Area Air Quality
Management District Board of Directors. Clerk of the Board. Referred
to Board for Adoption Without Committee Reference Calendar June 3,
1996.
File 092-96-027.
[Appointment]
Resolution appointing Supervisor Mabel Teng to the Association of Bay
Area Governments Executive Board. Clerk of the Board. Referred to
Board for Adoption Without Committee Reference Calendar June 3, 1996.
File 092-96-028.
[Aging Campus]
Resolution urging the Mayor to support the concept of a model "Aging
Campus" and to urge the relevant City departments to consult with the
Hunters Point Multipurpose Senior Services Center and the community to
study and evaluate the feasibility of developing an aging campus and
to do everything necessary to make this "Aging Campus" a reality.
Supervisor Kennedy presented. Referred to Board for Adoption Without
Committee Reference Calendar June 3, 1996.
File 217-96-002.
Referred to Committee
[Power Generation Facility]
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 power
generation facilities in the Bayview Hunters Point Community.
Supervisor Alioto presented. Referred to Health/Public
Safety/Environment Committee.
File 234-96-002.
Referred to Board
[Treasure Island, Sports Facility]
Resolution urging the Mayor's Citizens Advisory Committee for Treasure
Island, the Planning Commission and the Redevelopment Agency
Commission to include in the proposed draft reuse plan for the
conversion of Treasure Island a sports recreational facility as an
interim reuse. Supervisor Shelley presented. Referred to Board for
Adoption Without Committee Reference Calendar June 3, 1996.
File 244-96-005.
Requests for Hearings:
[PG&E Franchise Agreement]
Hearing to consider amending the franchise agreement between the City
and County of San Francisco and Pacific Gas and Electric Company to
increase the franchise fee on the sale of electricity from .5% to a
minimum of two percent and the franchise fee for the sale of gas from
1% to a minimum of two percent. Supervisor Alioto presented. Referred
to Select Committee on Municipal Power.
File 032-96-002.
[Hunters Point Shipyard]
Hearing to consider issues regarding the Hunters Point Naval Shipyard.
Supervisor Shelley presented. Referred to Select Committee on Base
Closures.
File 244-96-006.
Motions:
Referred to Board
[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,
Teng, Hsieh, Ammiano, Yaki, Kaufman presented. Referred to Board for
Adoption Without Committee Reference Calendar June 3, 1996.
File 030-96-001.10.
[Budget, 1996-1997]
Presentation by the Mayor on the 1996-1997 Budget. Supervisor Shelley
presented. Scheduled for June 3, 1996 Board meeting by direction of
the President.
File 100-96-001.
Introduced by the President at the Request of Departments
Ordinances Referred to Committee
File 045-96-032. [Furnelli dba Solid Gold, Inc. v. CCSF, et al.]
Ordinance approving a settlement between Elizabeth Furnelli dba Solid
Gold, Inc. and the City and County of San Francisco, the San Francisco
Police Department, the San Francisco Chief of Police and the San
Francisco Board of Permit Appeals involving removal of permit
restrictions previously imposed by the Board of Permit Appeals. (USDC
Northern District of California No. C-95-3517 SAW). (City Attorney)
Referred to Government Efficiency/Labor Committee.
File 045-96-033. [Scott Davis v. CCSF] Ordinance authorizing
settlement of litigation of Scott Davis against the City and County of
San Francisco by payment of $15,000. (Superior Court No. 952-773).
(City Attorney) Referred to Government Efficiency/Labor Committee.
File 172-96-016. [Medical Services Contract] Ordinance authorizing the
Director of Public Health to execute an agreement with Blue Cross of
California for the Department of Public Health to provide services to
Blue Cross Medi-Cal Managed Care subscribers, which agreement includes
binding arbitration and indemnification clauses. (Department of
Public Health) Referred to Government Efficiency/Labor Committee.
Resolutions Referred to Committee
File 025-96-010. [Prop J Contract, Shuttle Bus Services] Resolution
approving the Controller's certification that shuttle bus services for
San Francisco International Airport can practically be performed by
private contractor at a lower cost for the fiscal year commencing July
1, 1996 than if work were performed by City and County employees.
(Airport) Referred to Government Efficiency/Labor Committee.
File 033-96-005. [Appointment, Port Commission] Resolution confirming
Mayor's appointment of Denise McCarthy as a member of the Port
Commission of the City and County of San Francisco. (Mayor) Referred
to Rules Committee.
File 040-96-012. [Residential Parking Area "W", Potrero Hill]
Resolution establishing Residential Permit Parking Area "W" in the
Potrero Hill Area, setting the boundaries and the applicable time
limitations therefor. (Department of Parking and Traffic) Referred
to Housing and Land Use Committee.
File 040-96-013. [Residential Parking "O", West Portal/St. Francis]
Resolution extending the boundaries of Residential Permit Parking Area
"O" in the West Portal/St. Francis Wood 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 040-96-014. [Residential Parking Area "A", Telegraph Hill]
Resolution amending the boundaries of Residential Permit Parking Area
"A" in the Telegraph Hill Area. (Department of Parking and Traffic)
Referred to Housing and Land Use Committee.
File 047-96-004. [Management Agreement Amendment] Resolution approving
amendment of the management agreement (S.F. Parking Authority and Five
Star Parking/Universal Parking Resources) for operation of the San
Francisco General Hospital Medical Center Parking System. (See File
199-96-1) (Real Estate Department) Referred to Government
Efficiency/Labor Committee.
File 047-96-005. [Parking Rates, City-Owned Parking Facilities]
Resolution approving new parking rates for eight (8) City-owned
parking facilities. (Department of Parking and Traffic) Referred to
Budget Committee.
File 048-96-018. [Settlement of Claim, William T. Wandall] Resolution
approving the settlement of the unlitigated claim of William T.
Wandall by payment of $6,333.00. (City Attorney) Referred to
Government Efficiency/Labor Committee.
File 048-96-019. [Settlement of Claim, Theresa Thompson] Resolution
approving the settlement of the unlitigated claim of Theresa Thompson
by payment of $27,000. (City Attorney) Referred to Government
Efficiency/Labor Committee.
File 068-95-009.02. [Amendment, 1996 Emergency Shelter Grant Program]
Resolution approving an amendment to the 1996 Emergency Shelter Grants
Program; approving Addendum No. 1 to the expenditure schedule for
recipient agencies, and determining that no environmental evaluation
is required. (Mayor's Office of Community Development) Referred to
Budget Committee with request it be considered at the June 12, 1996
meeting.
File 079-95-006.01. [Amendment, 1996 Community Development Program]
Resolution approving an amendment to the 1996 Community Development
Program by (1) authorizing the Mayor, on behalf of the City and County
of San Francisco, to accept and expend $1,893,400 in additional
Community Development Block Grant funds and transfer $297,269 from
reprogrammed funds and existing contingencies under the City's 1996
Community Development Block Grant (CDBG) Program from the U.S.
Department of Housing and Urban Development, (2) approving Addendum 1
to the expenditure schedule for recipient departments and agencies
previously approved by the Board of Supervisors; and (3)authorizing
the Mayor to designate individual(s) to act as certifying officer for
federal environmental review. (Also see Files 68-95-9 and 68-95-9.1).
(Mayor's Office of Community Development). Referred to Budget
Committee with request it be considered at the June 12, 1996 meeting.
File 096-96-001. [Sale of Surplus City-Owned Property] Resolution
confirming sale of surplus City-owned property. (Also see Files
96-93-5 and 96-95-3). (Real Estate Department) (Assessor's Block
6203, Lot 2, 400 Campbell St.; Assessor's Block 513, Lot 15, 2475
Greenwich St.) Referred to Budget Committee.
File 255-96-001. [Mission Bay North Survey Area] Resolution
designating and describing the Mission Bay North Survey Area in
accordance with the California Community Redevelopment Law. (Also see
Files 255-90-5, 255-90-6, and 255-95-2). (Redevelopment Agency)
Referred to Housing and Land Use Committee.
Requests Granted
There being no objection, the Board directed the Clerk to comply
with the following requests:
By Supervisor Kennedy, that letter be sent to Assistant Secretary,
Housing and Urban Development, transmitting correspondence from
Chester Meadows concerning alleged unfair eviction.
By Supervisor Kennedy, that letter be sent to his Honor, the Mayor, and
Chief of Police to determine if drug forfeiture funds or some other
funds can be used to provide matching funds for the Northern
California Service League Roads to Recovery program fund raising
challenge.
By Supervisor Bierman, that letter be sent to the Planning Department
concerning the problem of lack of notice to residents of projects in
neighborhood commercial zones and that the City Attorney has been
requested to draft legislation to require such notice. In the
interim, the Supervisor inquires whether the Planning Department can
provide notice on all new construction in neighborhood commercial
zones.
By Supervisor Bierman, that City Attorney prepare ordinance amending
the Planning Code by adding Section 703.3 to require notice to
residents of new construction in neighborhood commercial districts.
The language for notice could be modeled after Planning Code Section
311 for R Districts (the new notice that the Jordan Commission
approved rather than revised rear yard requirements).
By Supervisor Alioto, that City Attorney examine and move forward with
litigation seeking to amend the franchise fee agreement between the
City and County of San Francisco and Pacific Gas and Electric Company.
By Supervisor Alioto, that City Attorney draft an ordinance amending
the franchise agreement between the City and County of San Francisco
and Pacific Gas and Electric Company to increase the franchise fee on
the sale of gas and electricity to a minimum of two percent. File
32-96-2.
By Supervisor Yaki, that City Attorney review, prepare and approve as
to form proposed amendments to Administrative Code, Chapter 37,
concerning senior housing protection.
Motions Adopted
Motion that the Board adjourns its meeting this date out of respect to
the memory of the following deceased:
Shelley Salieri (By the entire Board)
Marsha Bursey Sponsor Supervisor Kennedy.
Verlie Jordan Sponsor Supervisor Kennedy.
File 2-96-22
Unanimously adopted by a rising vote.
ADJOURNMENT
There being no further business, the Board at the hour of 5:02 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 July 8, 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