Board of Supervisors Minutes: January 16, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, January 16, 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 2:21 p.m. On call of the roll, the following Supervisors were noted present: Supervisor Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Noted absent at first roll call: Supervisors Kaufman - 1. Quorum present. Supervisor Kaufman excused. (See infra.) Supervisor Kaufman Excused The Clerk stated Supervisor Kaufman requested to be excused from attending today's meeting. Supervisor Leal, seconded by Supervisor Teng, moved to excuse Supervisor Kaufman. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Disability Awareness Day The Board of Supervisors participated in the first-ever "Disability Awareness Day" by agreeing to be "disabled-for-a-day" at today's Board meeting. Supervisors Tom Ammiano and Carole Migden spent the day "blind", using eye shields or sunglasses and a white cane for mobility. Supervisor Tom Hsieh was "deaf" and used a steno-captioner (a device which displays voice input on a computer screen). Supervisor Angela Alioto had her arm in a sling. Supervisors Kevin Shelley, Sue Bierman, Susan Leal, Willie B. Kennedy and Mabel Teng spent the day in wheelchairs. Sign language interpreters were present during the meeting. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Migden, seconded by Supervisor Leal, moved that the Journal of Proceedings for Monday, December 11, 1995, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [Cash Revolving Fund - Sheriff/Inmate Welfare] Ordinance amending the Administrative Code, creating the Sheriff's Inmate Welfare Cash Revolving Fund in the amount of $10,000. (Sheriff) File 97-95-69, Ordinance No. 33-96 (Adds Section 10.164-1.) Finally passed. [Cash Revolving Fund - Sheriff] Ordinance amending the Administrative Code, increasing the Sheriff's Cash Revolving Fund from $6,000 to $8,000. (Sheriff) File 97-95-70, Ordinance No. 34-96 (Amends Section 10.164.) Finally passed. Adopted [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the Police Department, a redistribution gift of twelve (12) utility vehicles from the Department of the Army. (Police Commission) File 38-96-1, Resolution No. 85-96 Adopted. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Airport Lease Modification No. 002, FAA] Ordinance approving Modification No. 002 of FAA Lease No. DOT-FA76WE-3702A between the United States of America (FAA) and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-95-21, Ordinance No. Passed for second reading. [Noemy Rincon v. CCSF, et al.] Ordinance authorizing settlement of litigation of Noemy Rincon against the City and County by payment of $85,000. (City Attorney) File 45-96-1, Ordinance No. (Superior Court No. 957-725.) Passed for second reading. [Gerardo Dejelo/Antonia Dejelo v. CCSF] Ordinance authorizing settlement of litigation of Gerardo Dejelo and Antonia Dejelo against the City and County and Robert Johnston by payment of $200,000. (City Attorney) File 45-96-2, Ordinance No. (Superior Court No. 951-919.) Passed for second reading. [Emilya Yudson vs. CCSF, et al.] Ordinance authorizing settlement of litigation of Emilya Yudson against the City and County by payment of $10,000. (City Attorney) File 45-96-3, Ordinance No. (Superior Court No. 965-454.) Passed for second reading. [Cross Complaint, Lavella v. CCSF] Ordinance authorizing settlement of litigation of the City's cross-complaint in Michael Lavella, et al. v. City and County, et al., upon the receipt of $42,500.86. (City Attorney) File 46-96-1, Ordinance No. (Superior Court No. 955-038.) Passed for second reading. Adopted [Settlement of Claim, Laidlaw Transportation] Resolution approving the settlement of the unlitigated claim of Laidlaw Transportation by payment of $27,647.01. (City Attorney) File 48-95-32, Resolution No. 64-96 Adopted. [Settlement of Claims, Lei Ming He/Li Ming Yuan] Resolution approving the settlement of the unlitigated claims of Lei Ming He and Li Ming Yuan by payment of $21,000. (City Attorney) File 48-95-33, Resolution No. 65-96 Adopted. [Settlement of Claim, Nathan Smidt] Resolution approving the settlement of the unlitigated claim of Nathan Smidt by payment of $20,000. (City Attorney) File 48-95-34, Resolution No. 66-96 Adopted. [Settlement of Claim, Iliana Segura] Resolution approving the settlement of the unlitigated claim of Iliana Segura by payment of $8,728.37. (City Attorney) File 48-96-1, Resolution No. 86-96 Adopted. [State Grant, STD Prevention and Control Program] Resolution authorizing the Department of Public Health, Community Public Health Services, to accept and expend a grant of 33,562, which includes no indirect costs, from the California Department of Health Services, STD Control Branch, for STD Outreach, Education and Referral Services; waiving indirect costs. Sponsor Supervisor Alioto. File 146-96-1, Resolution No. 87-96 Adopted. [State Grant - Project Read] Resolution authorizing the City Librarian to apply retroactively for, accept and expend funds from the California State Library for student/tutor support, and outreach services; indirect costs of five percent are contained in this grant. Sponsors Supervisors Alioto, Teng. File 147-96-2, Resolution No. 89-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. REGULAR CALENDAR UNFINISHED BUSINESS From Budget Committee "Without Recommendation" Adopted [Federal Funding - Emergency Shelter Grants Program] Resolution approving the 1996 Emergency Shelter grants program and expenditure schedule and authorizing the Mayor to apply for, accept, and expend a $65,000 entitlement for the Salvation Army under the Emergency Shelter grants program from the U.S. Department of Housing and Urban Development. (Budget Committee) File 68-95-9.1, Resolution No. 68-96 (January 2, 1996 - Consideration continued to January 16, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Noes: Supervisor Ammiano - 1. Absent: Supervisor Kaufman - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $1,603,432, Fire Department, of 1989 Earthquake Safety Bond interest earnings for capital improvement projects (lead and asbestos abatement and construction support services) at various fire stations for fiscal year 1995-96; placing $492,397 on reserve and providing for ratification of action previously taken. (Controller) File 101-95-35, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Appropriation, Department of Parking and Traffic] Ordinance appropriating $266,000, Department of Parking and Traffic, from the General Fund Reserve to a capital improvement project for soil remediation at St. Mary's Square Garage for fiscal year 1995-96; placing a reserve of $190,000. (Controller) File 101-95-36, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Appropriation, Adult Probation Department] Ordinance appropriating $609,913, Adult Probation Department, of Federal recurring grant revenue to salaries, fringe benefits, indirect costs, travel, training, non-personal services, materials and supplies, equipment and services of other departments for the creation of three (3) positions to implement the San Francisco Criminal Justice Treatment Network for Women for fiscal year 1995-96; providing for ratification of action previously taken; placing $18,654 on reserve. (Controller) File 101-95-37, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Salary Ordinance Amendment, Adult Probation Department] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), reflecting the creation of three (3) positions, 8434G Supv. Adult Probation Officer, 8442G Senior Probation Officer, 1424G Clerk Typist in the Adult Probation Department; companion measure to File 101-95-37. (Department of Human Resources) File 102-95-9, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Adopted [Emergency Repair, Seacliff District] Resolution authorizing the Director of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by capping a brick sewer, stabilizing a hillside and filling a hole created by earth movement in the Seacliff District (estimated amount of $3,160,000). Sponsor Supervisor Shelley. File 28-96-1, Resolution No. 84-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Amendment of the Whole Adopted; Adopted as Amended [General Obligation Bond Sale, Series 1996A] Resolution providing for the issuance of not to exceed $63,590,000 aggregate principal amount of San Francisco General Obligation Bonds, Series 1996A, City Hall Improvement ((Program)) Project; prescribing the form and terms of such bonds; authorizing the execution, authentication and registration of said bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of funds related thereto; authorizing and directing the sale of said bonds; approving the form of Official Notice of Sale of Bonds and Notice of Intention to Sell Bonds; directing the publication of Notice of Sale and Notice of Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Chief Administrative Officer) File 170-95-6.1, Resolution No. 70-96 (Fiscal Impact.) Supervisor Hsieh, seconded by Supervisor Migden, moved an amendment of the whole entitled, "Resolution providing for the issuance of not to exceed $63,590,000 aggregate principal amount of San Francisco General Obligation Bonds, Series 1996A, City Hall Improvement Project; prescribing the form and terms of such bonds; authorizing the execution, authentication and registration of said bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of funds related thereto; authorizing and directing the sale of said bonds; approving the form of Official Notice of Sale of Bonds and Notice of Intention to Sell Bonds; directing the publication of Notice of Sale and Notice of Intention to Sell Bonds; approving the form and execution of the Official Statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds." Amendment of the Whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Migden assumed the Chair so the President could participate in the debate from the floor. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Settlement, Modesto/Turlock Irrigation Districts] Ordinance authorizing settlement of regulatory proceeding before the Federal Energy Regulatory Commission involving increased flows and fishery resource protection costs for the Lower Tuolumne River with costs not to exceed $2,420,000 and payment to the Modesto and Turlock Irrigation Districts of $3.5 million per year, with an escalation rate effective year six. Sponsors Supervisors Shelley, Bierman. File 46-96-2, Ordinance No. Supervisor Shelley Excused from Voting On advise of the City Attorney, Supervisor Shelley requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Bierman, moved to excuse Supervisor Shelley from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. The roll was then called on the pending legislation and it was passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Teng - 8. Excused: Supervisor Shelley - 1. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. The President resumed the Chair. [Airport Lease Modification, FAA] Ordinance approving, retroactively, lease number DTFA08-95-L-14707, CAT III ILS Localizer Runway 28R between the United States of America, Federal Aviation Administration (FAA) and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Land Lease, SFUSD - PTC] Ordinance authorizing and approving a thirty-five year lease with the San Francisco Unified School District, of certain school district property, located at Marina Middle School; and ratifying previous actions. (Public Transportation Commission) File 65-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Adopted [Grant, Alternative Fuel Vehicles] Resolution authorizing the Director of Purchasing to accept and expend $290,338 from the Transportation Fund for Clean Air for alternative fuel vehicles; and authorizing the Director of Purchasing to execute an agreement with the Bay Area Air Quality Management District whereby the City would indemnify the district from claims resulting from the City's performance of said agreement. Sponsors Supervisors Leal, Teng. File 133-94-1.1, Resolution No. 62-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Small Business Revolving Loan Program] Resolution authorizing, retroactive to June 15, 1995, the Mayor to apply for, accept, and expend a loan of Section 108 loan guarantee funds in a total amount not to exceed Fifty Million Dollars ($50,000,000) and an associated grant of Economic Development Initiative Funds in a total amount not to exceed One Million Dollars ($1,000,000), both from the U.S. Department of Housing and Urban Development for a Small Business Revolving Loan Program authorized under Section 108 of the Housing and Community Development Act of 1974, as amended and secured with Community Development Block Grant Program funds; indirect costs associated with the acceptance of the loan funds will be provided from the Community Development Block Grant Program; rescinding Resolution No. 315-95. Sponsors Supervisors Teng, Shelley. File 68-95-5.1, Resolution No. 67-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Shelley requested to be added as co-sponsor. [State Grant - Major Urban Resource Libraries] Resolution authorizing the Public Library to apply for, retroactively, accept and expend funds not to exceed $64,645 available through the California State Library from Title I of the Library Services and Construction Act for Major Urban Resource Libraries for fiscal year 1995-96; waiving indirect costs. Sponsors Supervisors Alioto, Teng. File 147-96-1, Resolution No. 88-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Federal Grant, Southwest Gateway Improvements] Resolution authorizing the Department of Public Works to apply for, retroactively, accept and expend grant funding in the amount of $240,000 from the Federal Highway Administration through the California Department of Transportation, for providing direct and indirect costs in the landscape enhancement for the southwest gateway; placing $240,000 on reserve. (Department of Public Works) File 148-96-1, Resolution No. 90-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Federal Grant, Twin Peaks Loop Trail] Resolution authorizing, retroactively, the Recreation and Park Department to apply for grant funds of $750,000, waiving indirect costs, from the Intermodal Surface Transportation Efficiency Act, Transportation Enhancement Funds, for development of the Twin Peaks Loop Trail. Sponsors Supervisors Leal, Teng, Shelley. File 150-95-6, Resolution No. 69-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Shelley requested to be added as co-sponsor. [Medical Services Agreement] Resolution authorizing the Director of Health to execute an agreement, including indemnification, with PacifiCare of California for the provision of medical services to employees of the University of California enrolled in the PacifiCare Health Plan effective retroactively to January 1, 1996. (Department of Public Health) File 172-96-1, Resolution No. 91-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [Federal Grant, Emergency Operations Plan] Resolution authorizing the Director of the Department of Building Inspection and other designated department officials to execute and file, on behalf of the City and County, Department of Building Inspection, an application to apply for federal financial assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act for funds to mitigate the impact of hazards from natural disasters such as earthquake, rain and wind storms. Sponsor Supervisor Teng. File 212-96-1, Resolution No. 93-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Recommendations of Housing and Land Use Committee Passed for Second Reading [Landmark Designation, Brown's Opera House] Ordinance designating the Brown's Opera House (Victoria Theater) as Landmark No. 215, pursuant to Article 10 of the City Planning Code. Sponsors Supervisors Bierman, Migden, Teng, Leal. File 90-95-1, Ordinance No. (City Planning Resolution No. 13979, adopted October 19, 1995). (Landmarks Preservation Advisory Board Resolution No. 476, adopted May 17, 1995.). Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Landmark Designation, El Capitan Theater/Hotel] Ordinance designating El Capital Theater and Hotel as Landmark No. 214 pursuant to Article 10 of the City Planning Code. Sponsors Supervisors Bierman, Migden, Teng, Leal. File 90-95-2, Ordinance No. (City Planning Resolution No. 13988, adopted October 19, 1995.) (Landmarks Preservation Advisory Board Resolution No. 475, adopted May 17, 1995.). Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Landmark Designation, Alhambra Theater] Ordinance designating Alhambra Theater as Landmark No. 217 pursuant to Article 10 of the City Planning Code. Sponsors Supervisors Bierman, Migden, Teng, Leal. File 90-95-3, Ordinance No. (City Planning Resolution No. 14005, adopted November 9, 1995.) (Landmarks Preservation Advisory Board Resolution No. 478, adopted June 7, 1995.). Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Migden, Shelley, Teng - 8. Noes: Supervisor Kennedy - 1. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Pacific Stock Exchange Building] Ordinance amending City Planning Code Appendix A by adding the 155 Sansome Street portion of the Pacific Stock Exchange Building to the list of Category I Buildings (historical landmark building). Sponsor Supervisor Shelley. File 115-95-13, Ordinance No. (November 28, 1994 - Approved pursuant to City Planning Resolution No. 10165.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. [1995 San Francisco Mechanical Code] Ordinance amending Mechanical Code by adopting by reference the 1994 Uniform Mechanical Code as amended by the 1995 California Mechanical Code, retaining and making applicable to the State Code all previously adopted San Francisco amendments to the State Code and findings of local conditions required by state law; republishing the retained San Francisco amendments in a separate volume with corrected section references and reformatting to correspond to the new State Code references and format; and making nonsubstantive editorial changes to conform the code to Charter Section 3.750; effective date of February 19, 1996. (Building Inspection Commission) File 122-95-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. Adopted [Affordable Housing/3250 17th Street] Resolution urging the Mayor to negotiate with the federal government the transfer or sale of vacant housing at 3250 - 17th Street to a non-profit housing developer for the purpose of housing people who are homeless. Sponsors Supervisors Bierman, Alioto, Teng, Migden, Kennedy, Shelley. File 13-95-34, Resolution No. 63-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. In connection with the above item, Supervisors Kennedy, Shelley requested to be added as co-sponsors. Recommendation of Economic Vitality and Social Policy Committee Adopted [Community Intervention for Public Safety] Resolution urging the Mayor to urge the Housing Authority, the Department of Public Works, and other appropriate agencies to work with the group, Together United Recommitted Forever (TURF) to devise a comprehensive plan that would allow for the contracting out of the streets and grounds maintenance to contractors who are residents within the affected communities. Sponsors Supervisors Kennedy, Alioto. File 206-95-6, Resolution No. 71-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 9. Absent: Supervisor Kaufman - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: August Longo, Disability Awareness Day; Gary Johnson, disability placard, parking in neighborhoods, supporting Captain Richard Cairns. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced at a prior meeting of the Board with action requested at this meeting. Any Supervisor may require these measures to go to committee unless a motion to suspend the rules is adopted by eight votes (or a unanimous vote if only six or seven members are present). An "aye" vote is (a) a vote in favor of suspending the rule requiring reference to committee, and (b) a vote in favor of adoption of the measures. Eight votes (or a unanimous vote if only six or seven members are present) is required. Severed From For Adoption Without Committee Reference Calendar Supervisor Ammiano requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Local Emergency, December 1995 Storms] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the December 1995 storms. Sponsors Supervisors Shelley, Teng. File 270-95-6.2 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted by the following vote: Ayes: Supervisors Ammiano, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 7. Absent: Supervisors Alioto, Bierman, Kaufman - 3. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Proclaim Chinese New Year Day] Resolution declaring February 19, 1996 to be "Celebrating Chinese New Year Day" in San Francisco in commemoration of the Year of the Rat. Sponsors Supervisors Hsieh, Shelley, Teng, Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden. File 4-96-1, Resolution No. 73-96 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. [Commend Sylvia Harper] Resolution commending and congratulating San Francisco Police Captain Sylvia Harper on her appointment as the Commander of Richmond District Police Station. Sponsors Supervisors Alioto, Shelley, Kennedy, Teng. File 6-96-5, Resolution No. 77-96 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. In connection with the above item, Supervisors Kennedy, Teng requested to be added as co-sponsors. [State Legislation, AB 1982, Same-Sex Marriages] Resolution opposing Assembly Bill 1982 (Knight) and urging the Mayor to direct the City's Lobbyist to urge the State Legislature to oppose AB 1982 concerning recognition of same-sex marriages. Sponsors Supervisors Alioto, Ammiano, Migden, Leal, Bierman, Teng. File 12-96-3, Resolution No. 82-96 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. [State Legislation, AB 1001, Education Code] Resolution requesting that the City Lobbyist and the San Francisco Delegation in the State Legislature support adoption of AB 1001 which would add sexual orientation to the list of protected categories in the California Education Code. Sponsors Supervisors Ammiano, Alioto, Leal, Kaufman, Bierman, Migden, Teng. File 12-96-4, Resolution No. 83-96 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Mission Armory Task Force] Resolution creating the Mission Armory Task Force for a three month period to study options for the use of the Mission Armory facility. Sponsors Supervisors Leal, Ammiano, Bierman. File 174-96-1, Resolution No. 92-96 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano. File 30-96-1 (January 8, 1995 - Introduced in Board for consideration on January 16, 1995.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-3, Resolution No. 72-96 (Barbara Kaufman, member, Board of Supervisors, January 12 - 16; Frankie G. Lee, Commissioner, Port of San Francisco, January 19 - 28; Larry Mazzola, Member, Airports Commission, January 11 - 13; Louise H. Renne, City Attorney, Office of City Attorney, January 14 - 21, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Imperative Resolutions] Adopted [Commend Film Arts Foundation] Resolution recognizing the Film Arts Foundation on the occasion of its observance of its 20th anniversary. File 004-96-002, Resolution No. 74-96 Supervisors Ammiano, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Proclaim Celebrate Immigrants Day] Resolution proclaiming January 21, 1996 to be "Celebrate Immigrants Day" in opposition to the Immigration Reform Act of 1995. File 004-96-003, Resolution No. 75-96 Supervisors Hsieh, Shelley, Teng, Alioto, Ammiano, Bierman, Kennedy, Leal, Migden presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Proclaim Dr. Milton Estes Day] Resolution honoring and thanking Dr. Estes for inspiring the entire ACLU family with his devotion and commitment to the organization, his remarkable grasp of complex civil liberties and his boundless energy and love of justice and declaring January 26,1996 to be Milton Estes Day in San Francisco. File 004-96-004, Resolution No. 76-96 Supervisors Migden, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Commend Herbert V. Gee] Resolution commending taxi driver Herbert V. Gee for his courageous apprehension of a suspected taxi bandit. File 006-96-007, Resolution No. 78-96 Supervisors Ammiano, Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Commend William B. Rumford, Jr.] Resolution congratulating William B. Rumford, Jr., Ph.D., Chief of Security, on his retirement after 16 years of service with the Golden Gate Bridge Highway and Transportation District. File 006-96-008, Resolution No. 61-96 Supervisors Kennedy, Shelley, Alioto, Ammiano, Bierman, Hsieh, Leal, Migden, Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Commend Robert L. Demmons] Resolution congratulating Robert L. Demmons on the Mayor's appointment to the position of the Chief of Department of the San Francisco Fire Department and recognizing him for 20 years of exemplary service as a professional firefighter. File 006-96-009, Resolution No. 79-96 Supervisors Kennedy, Teng, Shelley, Alioto, Ammiano, Bierman, Hsieh, Leal, Migden presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Silver Avenue 101 On/Off Ramp Reopening] Resolution commending the neighbors, merchants and community organizations who helped secure the reopening of the Silver Avenue 101 on and off ramps in the Portola neighborhood on the occasion of the ramps reopening January 18, 1996. File 006-96-010, Resolution No. 80-96 Supervisors Shelley, Teng, Leal, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. [Commend Fred Lau] Resolution commending Mayor Brown's appointment of Fred Lau to the position of Police Chief and commending Fred Lau for his twenty-five years of service to the San Francisco community. File 006-96-011, Resolution No. 81-96 Supervisors Teng, Hsieh, Shelley, Kennedy, Ammiano, Alioto, Bierman, Kaufman, Leal, Migden for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Teng - 8. Absent: Supervisors Alioto, Kaufman - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Tour Bus Restrictions] Ordinance amending Police Code Section 1183.13 regarding tour bus restrictions on El Camino Del Mar and adding Section 1183.26 regarding tour bus restrictions on 25th Avenue. Supervisor Shelley presented. Referred to Rules Committee. File 121-96-002. Referred to Board [Commend Alice Fong Yu] Resolution commending Alice Fong Yu and the Alice Fong Yu Alternative School and declaring January 27, 1996 to be Alice Fong Yu Alternative School Day in San Francisco. Supervisors Teng, Ammiano, Bierman, Kennedy, Leal, Hsieh, Shelley, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar January 22, 1996. File 006-96-012. [Nazi Records] Resolution urging the Department of State in Hamburg, Germany to cease the destruction of files in the State Archives in Hamburg pertaining to criminal cases during the Nazi period. Supervisors Migden, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar January 22, 1996. File 013-96-001. Referred to Committee [Traffic Regulations, Geary/Park-Presidio] Resolution rescinding the "No Left Turn" restriction and establishing a "No Left Turn Except Buses" restriction for eastbound Geary Boulevard at Park-Presidio Boulevard. Supervisor Shelley presented. Referred to Rules Committee. File 020-96-003. Referred to Board [Social Services Program Task Force] Resolution requesting the Human Rights Commission create a task force to investigate and make recommendations to the Mayor and the Board of Supervisors regarding problems and issues arising from city funded social services programs operated by churches and religious organizations. Supervisors Ammiano, Leal, Migden, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar January 22, 1996. File 174-96-002. Referred to Committee [Disabled Placard Misuse Violation] Resolution implementing Vehicle Code Section 22511.57 to establish a violation for misuse of a disabled placard when the placard has been reported lost, stolen or issued to person since deceased. Supervisor Shelley presented. Referred to Rules Committee. File 190-96-001. [Public Market, Central Waterfront] Resolution in support of the San Francisco Public Market Collaborative and its plans to establish a permanent public market and education center on San Francisco's Central Waterfront. Supervisor Leal presented. Referred to Housing and Land Use Committee. File 219-96-001. [Redevelopment Survey Area, Lower Broadway] Resolution designating and describing a Redevelopment Survey Area within the City and County of San Francisco pursuant to the California Community Redevelopment Law encompassing the three parcels of land and adjacent public rights of way along Lower Broadway formerly encumbered by the Embarcadero Freeway (Assessor's Block-Lot Numbers 140-8, 141-11, 165-21). Supervisors Teng, Bierman, Shelley presented. Referred to Budget Committee. File 220-96-001. Requests for Hearings: [Management Audit, Tax Collector's Office] Hearing to consider the status of the recommendations contained in the management audit of the Tax Collector's Office. Supervisor Hsieh presented. Referred to Budget Committee. File 165-95-004.02. [Bay Area Rapid Transit District Police] Hearing to consider the operations and management oversight of the Bay Area Rapid Transit District Police. Supervisor Ammiano presented. Referred to Health/Public Safety/Environment Committee. File 012-96-006. [Street Lighting] Hearing to consider the feasibility of increasing street lighting in San Francisco including the placement, types, costs and financing of lights and environmental documentation. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 191-96-001. [San Bruno Jail] Hearing to consider the safety and condition of the county jail in San Bruno as well as the Sheriff's firing range. Supervisor Shelley presented. Referred to Rules Committee. File 195-96-001. [Public Toilet, Kiosks, JC Decaux Company] Hearing to consider the JC Decaux Company's kiosks as it relates to disability access issues and compliance with the contract between the City and JC Decaux. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee. File 200-96-001. [Youth Commission] Hearing to consider the distribution of Youth Commission candidate applications and the time line for appointments in light of the Mayor's diversity appointments. Supervisor Alioto presented. Referred to Rules Committee with request it be considered at the February 6, 1996 meeting. File 215-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 027-96-002. [Airport Lease Modification, American Airlines] Ordinance approving Modification No. 7 of Lease and Use Agreement between American Airlines, Inc. and City and County of San Francisco, acting by and through its Airports Commission. (Airports Commission) Referred to Government Efficiency/Labor Committee. File 097-96-001. [Farmers' Market Hours of Operation] Ordinance amending Section 9A.12 of the San Francisco Administrative Code to allow the Farmers' Market to operate on Sundays. (Department of Agriculture and Weights and Measures) Referred to Government Efficiency/Labor Committee. File 101-95-041. [Appropriation, Recreation and Park] Ordinance appropriating $250,000, Recreation and Park Department, from the General Fund Reserve to a capital improvement project, to match funds for the design of the reconstruction of Conservatory of Flowers for fiscal year 1995-96. RO #95124. (Controller) Referred to Budget Committee. File 101-95-042. [Appropriation, Recreation and Park] Ordinance appropriating $542,800, Recreation and Park Department, from the General Fund Reserve for other current expenses, materials and supplies and overtime for storm damage repair for fiscal year 1995-96. RO #95123. (Controller) Referred to Budget Committee. File 101-95-043. [Appropriation, Mayor's Office] Ordinance appropriating $142,937, Mayor's Office, from the General Fund Reserve for salaries and fringe benefits for fiscal year 1995-96; placing $142,937 on reserve. (Estimate of vested vacation and fringes) RO #95122. (Controller) Referred to Budget Committee. File 106-95-002.01. [Compensation, Unrepresented Employees, Amendment] Ordinance amending Ordinance No. 136-95 to correct a clerical error to the provisions setting the City contribution to Health Insurance for unrepresented employees for fiscal year 1995-96. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 038-96-002. [Gift Acceptance, SF Public Library] Resolution authorizing the Library Commission to accept a gift of a van to Project Read from LSCA Title I funds administered by the California Library Service Board, California Library Literacy Service matching funds, and private donations. (Public Library) Referred to Budget Committee. File 048-96-004. [Settlement of Claim, Universal Underwriters Insurance Company] Resolution approving the settlement of the unlitigated claim of Universal Underwriters Insurance Company by payment of $6,581.69. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-005. [Settlement of Claim, Jia Jing Liu] Resolution approving the settlement of the unlitigated claim of Jia Jing Liu by payment of $48,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 078-96-001. [Health Service System Contributions] Resolution establishing the contribution to be made to the Health Service System by City and County, Unified School District and Community College District for fiscal year 1996-97. (Health Service System) Referred to Government Efficiency/Labor Committee. File 187-96-001. [Trial Court Funding, 1996-97] Resolution electing to become subject to the provisions of the State Trial Court Funding program for the period of July 1, 1996 through June 30, 1997. (Controller) Referred to Budget 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 His Honor, the Mayor, transmitting documents concerning the redevelopment project at 1708 Laguna Street and requesting an investigation of alleged building code violations and conflicts between the developer, prime contractor, subcontractor and sub-subcontractors regarding non-payment and offer to pay workers non-prevailing wage for work already performed, which is a violation of the affirmative action program of the City's minority business enterprise program. File 161-96-1. By Supervisor Kennedy, that letter be sent to Director, Building inspection Department transmitting documents concerning the redevelopment project at 1708 Laguna Street and requesting that an inspector be sent to investigate and a report provided to the Board on whether there are violations of the San Francisco Building Code at this site. File 161-96-1. By Supervisor Kennedy, that letter be sent to City Attorney transmitting documents concerning the redevelopment project at 1708 Laguna Street and requesting information and guidance regarding issues of non-payment and not paying prevailing wage for work already performed. File 161-96-1. By Supervisor Kennedy, that letter be sent to the Honorable Redevelopment Commission transmitting documents concerning the redevelopment project at 1708 Laguna Street and requesting the Commission hold hearings to consider whether there are violations of the affirmative action program of the minority business enterprise program regarding non-payment and offer to pay workers non-prevailing wage for work already performed in order to bring a resolution to the conflict. File 161-96-1. By Supervisor Bierman, that letters be sent to JC Decaux Company and Director of Public Works requesting their attendance at a meeting called to consider the JC Decaux Company's kiosks as it relates to disability access issues and compliance with the contract between the City and JC Decaux, with particular attention to accessibility of the kiosks while in a wheelchair, ratio of toilets to kiosks and rotating kiosks. File 200-96-1. Motions Adopted Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Mrs. Brugmann (By the entire Board) Russ Cone (By the entire Board) Robert Sams Sponsor Supervisor Kennedy. Gabriel Wildwood Trupin Sponsor Supervisor Bierman. Ina Jean Ravarra Sponsor Supervisor Leal. Ma'ave Lealaimatafao Sponsor Supervisor Ammiano. File 2-96-3 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:59 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 February 12, 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