Board of Supervisors Minutes: February 12, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, February 12, 1996 - 5:00 p.m. The Board of Supervisors of the City and County of San Francisco met in special session on the above date at George Washington High School with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 5:17 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Alioto - 1. Quorum present. Supervisor Alioto was noted present at 5:37 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Kennedy, seconded by Supervisor Migden, moved that the Journals of Proceedings for Tuesday, January 16 and Monday, January 22, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Suspension of the Rules Supervisor Teng, seconded by Supervisor Kaufman, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors in order to receive the George Washington High School Choir and to present a Certificate of Honor to the school. No objection and motion carried. George Washington High School Choir The George Washington High School Choir sang the Star Spangled Banner. Presentation Made President Shelley acknowledged the presence of Principal Donald R. Mitchell and asked the representatives of the school to come to the podium so that he can, on behalf of Board of Supervisors, present the school with a Certificate of Honor commemorating its 60th Anniversary. The Student Body President thanked the Board of Supervisors for the honor bestowed upon the school. CONSENT CALENDAR Recommendations of Budget Committee Passed for Second Reading [Appropriation, Department of Parking and Traffic] Ordinance appropriating and rescinding $141,990, Department of Parking and Traffic, from salaries and fringe benefits, for the creation and deletion of nine (9) positions for fiscal year 1995-96. (Controller) File 101-95-49, Ordinance No. Passed for second reading. [Public Employment] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) reflecting the creation of nine (9) positions; companion measure to File 101-95-49. (Department of Human Resources) File 102-95-10, Ordinance No. Passed for second reading. [Appropriation, Sheriff's Department] Ordinance appropriating $150,000, Sheriff's Department, of Sheriff-State Authorized Revenue Fund, to replace eight vehicles for fiscal year 1995-96. (Controller) File 101-95-50, Ordinance No. Passed for second reading. Recommendations of Housing and Land Use Committee Adopted [Stop Signs, Various Locations] Resolution designating certain intersections as "Stop" intersections, at various locations. (Housing and Land Use Committee) File 18-96-1, Resolution No. (Stop Signs - Establish 21st Avenue and Anza Street, northeast and southwest corners, stopping Anza Street (makes this an all-way Stop); 18th and Shotwell Streets, northeast and southwest corners, stopping 18th Street (makes this an all-way Stop); 19th and Shotwell Streets, northeast and southwest corners, stopping 19th Street (makes this an all-way Stop); 21st and Shotwell Streets, northeast and southwest corners, stopping 21st Street (makes this an all-way Stop).) Adopted. [Parking Regulations, Huron Avenue] Resolution rescinding parking regulations on Huron Avenue. (Housing and Land Use Committee) File 19-96-1, Resolution No. 147-96 (Two Hour Parking Time Limit, 7 AM - 6PM, Except Sunday Rescind Huron Avenue both sides, between Laura Street and Lawrence Avenue.) Adopted. [Traffic Regulations, Market Street] Resolution enacting Traffic Regulations on Market Street. (Housing and Land Use Committee) File 20-96-1, Resolution No. 150-96 (Right Lane must turn Right - Establish Market Street, eastbound, at Duboce Street; Market Street, eastbound, at Noe Street; Market Street, westbound, at Church Street.) Adopted. [Traffic Regulations, Various Locations] Resolution enacting and rescinding traffic regulations at various locations. (Housing and Land Use Committee) File 20-96-2, Resolution No. 151-96 (Left or Right Turns only 7:30 AM-8:30 AM and 2:00 PM - 3:00 PM Monday through Friday - Establish Fair Oaks Street, southbound, at 24th Street. No Turn on Red - Establish Kearny Street, northbound, at The Embarcadero; North Point Street, eastbound, at The Embarcadero. No U-Turn - Establish The Embarcadero, northbound, at Bay Street. Right Lane must turn right, except MUNI - Rescind Right Lane must turn right, except Buses - Establish Van Ness Avenue, southbound, at Bay Street.) Adopted. [Residential Parking Area "J", Sunset/Parnassus] Resolution extending the boundaries of Residential Permit Parking Area "J" in the Sunset/Parnassus Heights Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-1, Resolution No. 153-96 Adopted. [Residential Parking Area "U", South of Market] Resolution extending the boundaries of Residential Permit Parking Area "U" in the South of Market Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-2, Resolution No. 154-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. REGULAR CALENDAR NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Department of City Planning] Ordinance appropriating $101,874, Department of City Planning, of Planning Fee revenue, to salaries and mandatory fringe benefits to reduce salary savings for fiscal year 1995-96. (Controller) File 101-95-46, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Appropriation, Chief Administrative Officer] Ordinance appropriating $50,000, Chief Administrative Officer, from the General Fund Reserve to professional services to provide funding for negotiations with Viacom/TCI for fiscal year 1995-96; placing $10,500 on reserve; providing for ratification of action previously taken. (Controller) File 101-95-47, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Appropriation, Art Commission] Ordinance appropriating $201,348, Art Commission, $200,000 from the Reserve for Cultural Centers and $1,348 from the General Fund Reserve, for various facilities maintenance improvements for fiscal year 1995-96; placing $197,488 on reserve. Sponsors Supervisors Kaufman, Bierman. File 101-95-48, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Kaufman, Bierman requested to be added as sponsors. Adopted [Easement] Resolution authorizing the City and County to acquire, on behalf of the Department of Public Works, a temporary construction easement to be used as a staging area during construction of the Islais Creek Project, through a portion of the real property identified as Assessor's Parcel No. 4349/15 and to adopt findings pursuant to City Planning Code Section 101.1. (Real Estate Department) File 84-96-1, Resolution No. 157-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. 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 Joint Rules/Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $600,000, Fire Department, of 1992 Fire Protection Bond proceeds for Capital Improvement Project (design of new 911 Dispatch Center) for fiscal year 1995-96; subject of previous budgetary denial. (Budget Committee) File 101-94-86, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Appropriation, Chief Administrative Officer] Ordinance appropriating $1,600,000, Chief Administrative Officer, of 911 Project Funds for the purpose of mobile computing terminals (provide local match for Cops More grant); placing $1,600,000 on reserve. Sponsors Supervisors Shelley, Teng, Kennedy, Yaki, Ammiano. File 101-95-44, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Kennedy, Yaki, Ammiano requested to be added as co-sponsors. [911 Emergency Response Fund Interest] Ordinance amending Administrative Code to require effective January 1, 1996, that interest earned from the fund be retained in the fund to be expended only for the purposes for which the fund was established. Sponsors Supervisors Shelley, Teng, Kennedy, Yaki, Ammiano. File 97-96-2, Ordinance No. (Amends Section 10.204.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Kennedy, Yaki, Ammiano requested to be added as co-sponsors. Adopted [Federal Grant, "COPS MORE" Program] Resolution authorizing the Chief of Police to accept and expend funds in the amount of two million seven hundred thirteen thousand eight hundred one dollars ($2,713,801) for a project known as the "Equipment and Technology Component" of the "Cops More Program" and agreeing to provide a cash match in the amount of one million six hundred four thousand seven hundred eighty-nine ($1,604,789.00) dollars; waiving indirect costs; placing $2,591,295 on reserve and providing for ratification of action previously taken. Sponsors Supervisors Shelley, Teng, Kennedy, Yaki, Ammiano. File 143-95-7, Resolution No. 140-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Kennedy, Yaki, Ammiano requested to be added as co-sponsors. [911 Lease Revenue Bonds] Resolution declaring the intent of the City and County to reimburse certain expenditures (construction of a combined dispatch center, equipment and computer-aided dispatch systems for police, fire and emergency medical services) from proceeds of future indebtedness; and authorizing the Chief Administrative Officer to develop a plan of finance; companion measure to File 143-95-7. (Chief Administrative Officer) File 170-95-14, Resolution No. 141-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Consideration Continued [Final Negative Declaration, 911 Emergency Dispatch Center] Resolution adopting Final Negative Declaration, finding and determining that the new 911 Emergency Dispatch Center for the property located at 1003 Turk Street in the Margaret S. Hayward Playground, Assessor's Block 759, Lot 1, will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration. Sponsors Supervisors Shelley, Hsieh, Teng, Kennedy, Yaki, Ammiano. File 216-95-1, Resolution No. Supervisor Shelley, seconded by Supervisor Bierman, moved to continue consideration to February 20, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Kennedy, Yaki, Ammiano requested to be added as co-sponsors. [Combined Emergency Communications Center, 1003 Turk Street] Ordinance selecting and setting aside certain real property at 1003 Turk Street in the Margaret S. Hayward Playground, Assessor's Block 759, Lot 1, for the construction and operation of a new Combined Emergency Communications Center; adopting findings that such project is in conformity with the Master Plan and consistent with the eight priority policies of City Planning Code Section 101.1; and adopting and incorporating findings pursuant to the California Environmental Quality Act; companion measure to File 216-95-1. Sponsors Supervisors Shelley, Hsieh, Teng, Kennedy, Yaki, Ammiano. File 216-95-1.1, Ordinance No. (Fiscal Impact.) Supervisor Shelley, seconded by Supervisor Bierman, moved to continue consideration to February 20, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisors Teng, Kennedy, Yaki, Ammiano requested to be added as co-sponsors. The President resumed the Chair. Recommendation of Health, Public Safety and Environment Committee Adopted [Health Service System] Resolution urging the Health Service Board and the Director of Health Services to write to Kaiser Permanente and all other such health plan providers informing them that as an employee/retiree health plan provider they are expected to make available the most current and effective preventative care treatment for HIV disease/AIDS and all life-threatening illnesses to everyone enrolled in San Francisco's employee/retiree health plans. Sponsors Supervisors Ammiano, Alioto, Migden, Leal, Bierman. File 78-96-2, Resolution No. 156-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. Recommendations of Housing and Land Use Committee Passed for Second Reading [Vehicle Weight Restriction, Scott Street] Ordinance amending Traffic Code, adding Scott Street, between California and Bush Streets, to the list of streets upon which a commercial vehicle weight restriction shall apply. (Department of Parking and Traffic) File 124-96-1, Ordinance No. (Adds Section 28.5.46.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted [Parking Regulations, Townsend Street] Resolution enacting parking regulations at Townsend Street, south side, from 5th Street to 300 feet easterly, by establishing Two Hour parking time limit, 7 AM - 6 PM, Monday through Friday. (Housing and Land Use Committee) File 19-95-9.1, Resolution No. 138-96 (Two Hour Parking Time Limit, 7 AM to 6 PM, Monday through Friday, Establish Townsend Street, south side, from 5th Street to 300 feet easterly.) (September 18, 1995 - Rereferred to Committee.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted as Amended [Public Works Landmark Trees] Resolution ((requesting the Board of Supervisors to designate)) designating four tree locations (1801 Bush Street; Dolores Street, center island, Third Street and Yosemite Street; 1701 Franklin Street) for landmark tree status because of their historical associations, aesthetic qualities, or contribution to the City's overall character. Sponsors Supervisors Teng, Bierman. File 200-95-8, Resolution No. 142-96 Supervisor Bierman, seconded by Supervisor Teng, moved to amend title, line two, by deleting "Requesting the Board of Supervisors to designate" and inserting "Designating". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted [Liquor License Transfer, 2300 16th St., Unit #203] Resolution determining that the transfer of a liquor license for Safeway Store #1490 from 2300 16th Street to 2300 16th Street, Unit #203, will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California and Professions Code. (Housing and Land Use Committee) File 223-96-1, Resolution No. 162-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Parking Regulations, Various Locations] Resolution enacting parking regulations at various locations, to accommodate Muni's high level wheelchair accessible streetcar boarding platforms. (Housing and Land Use Committee) File 19-96-2, Resolution No. 149-96 (Diagonal (45-Degree Angle) Parking - Establish 29th Street, north side, from Church Street to 255 feet westerly (255-foot zone); Ashton Avenue, east side, from Ocean Avenue to 100 feet southerly (100-foot zone); Day Street, south side, from 55 feet to 270 feet west of Church Street (215-foot zone); Faxon Avenue, east side, from Ocean Avenue to 127 feet southerly (127-foot zone). Diagonal (60)-Degree Angle) Parking - Establish 22nd Avenue, west side, from 30 feet to 490 feet south of Santiago Street (460-foot zone).) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Traffic Regulations, Various Locations] Resolution enacting traffic regulations to accommodate Muni's high level wheelchair accessible streetcar boarding platforms, various locations. (Housing and Land Use Committee) File 20-96-2.1, Resolution No. 152-96 (Tow-Away No Stopping Anytime - Establish Church Street, east side, between 29th and Day Streets; Church Street, east side, between Jersey and 24th Streets; Church Street, east side, from 29th Street to 60 feet northerly (60-foot zone); Church Street, west side, between 24th and Elizabeth Streets; Church Street, west side, between Day and 30th Streets; Church Street, west side from Elizabeth Street to 90 feet northerly (90-foot zone); Ocean Avenue, north side, between Dorado Terrace and Faxon Avenue; Ocean Avenue, south side, between Ashton and Jules Avenues; Ocean Avenue, south side, from Jules Avenue to 70 feet easterly (70-foot zone); San Jose Avenue, east side, from Seneca Avenue to 145 feet northerly (145-foot zone); San Jose Avenue, east side, from Seneca Avenue to 60-feet southerly (60-foot zone); Taraval Street, north side, between Sunset Boulevard and 36th Avenue; Taraval Street, north side, from 23rd Avenue to 175 feet westerly (175-foot zone); Taraval Street, north side, from 23rd Avenue to 45 feet easterly (45-foot zone); Taraval Street, north side, from 36th Avenue to 140 feet easterly (140-foot zone); Taraval Street, south side, between Sunset Boulevard and 37th Avenue; Taraval Street, south side, from 22nd Avenue to 175 feet easterly (175-foot zone); Taraval Street, south side, from 37th Avenue to 185 feet westerly (185-foot zone); Transit and Left Turns only - Establish Taraval Street, eastbound, within streetcar lane between Sunset Boulevard and 38th Avenue; Taraval Street, westbound, within streetcar lane between Sunset Boulevard and 35th Avenue.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Recommendations of Rules Committee Adopted [Appointments] Resolution appointing members to the Maternal, Child and Adolescent Health Board, for new three-year terms ending August 31, 1998. (Rules Committee) File 92-94-27.4, Resolution No. 137-96 (Susan T. Obata, M.D., Seat No. 22803, vice Ellie Journey, term expired; Harry Z. Coren, M.D., Seat No. 22810, health professional, vice himself, term expired; Elena Fuentes-Afflick, M.D. MPH, Seat No. 22812, health professional, vice Father James Goode, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Appointments] Resolution appointing members to the Drug Abuse Advisory Board, for new three-year terms ending October 1, 1998. (Rules Committee) File 92-95-38, Resolution No. 139-96 (Juan Oyarzun, Seat No. 22103, public-at-large, vice himself, term expired; Mary Louise Adlo-Robinson, Seat No. 22108, public-at-large, vice herself, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. SPECIAL ORDER 6:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Hearing Held [Public Hearing] Hearing to consider how the Board of Supervisors and other City and County agencies can work with the Board of Education, the Unified School District, the State Superintendent of Education and community-based organizations to further the education of San Francisco's children. Sponsor Supervisor Shelley. File 211-96-2 The privilege of the floor was granted to the following persons: Mayor Willie L. Brown, Jr.; Bill Rojas, Superintendent of Schools; Steve Phillips, President, Board of Education; Vincent Chow; Susanne Raynard; Joan Marie Shelley; Gaylon Logan; George Patterson; Michael Bowman; Pat Knowson; Al Simmons; Lagi Collins; Clayton Mansfield; Leonard Bell; Dave Warren; Becky Ho; Ramona Albright; Ms. Wintz; Robert; Meg Madden; Joe Mar; Elisa Wong. SPECIAL ORDER 6:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Hearing Held [Public Hearing] Hearing to consider issues of special interest to the Richmond neighborhood including neighborhood planning concerns, Municipal Railway, the Richmond Transport Plan, the Golden Gate Master Plan, community policing, merchant issues and other issues of concern to the Richmond neighborhood. Sponsor Supervisor Shelley. File 226-96-1 The following persons spoke on the topic of Veterans Hospital, Lucky Store, antenna safety, Geary and Clement merchants, Lincoln Park, tour buses, traffic issues, Municipal Railway service, legalizing in-law apartments and the Coliseum Theater: James Argo; Jake Murdock; Norman Condy; Elizabeth Canterbury; Todd Cockburn; David Heller; Mr. Gordie; Bruce Oka; male speaker; Lyn Terry; Ron McGill; Wayne Sherman; Erica Staden; Amy Meyer; Barry Eisenberg; Tom Field; Carol Hesbith; female speaker; Edith McMillan; Patricia Vaughey; Ajar; Paula Marsh; Mark Johnson; Tim O'Hara; Alice Barkley; male speaker; Cindy Subusa; Albert Lee; James Arnold; Mario Hernandez; Mr. Calton; Ms. Pitore; Freddy Harn; Jean Lynch; Rose Ti; Ron Tong; John; male speaker; Carl Leboa; Mary Stephenson; Paul von Beroldingen; David Erst. PUBLIC COMMENT The privilege of the floor was granted to the following person: Al Simmons, foster care placement of Black children. 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. 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. (The following three items will be voted on separately.) Adopted [Appointment] Resolution appointing Supervisor Kevin Shelley to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) File 92-96-9, Resolution No. 158-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Supervisor Shelley Excused from Voting On advice of the City Attorney, Supervisor Shelley requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Ammiano, moved to excuse Supervisor Shelley from voting. Motion to excuse Supervisor Shelley from voting adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. The roll was then called on the pending legislation and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Teng, Yaki - 10. Excused: Supervisor Shelley - 1. The President resumed the Chair. [Appointment] Resolution appointing Supervisor Sue Bierman to the Bay Conservation and Development Commission. (Clerk of the Board) File 92-96-10, Resolution No. 159-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Supervisor Bierman Excused from Voting On advice of the City Attorney, Supervisor Bierman requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Yaki, moved to excuse Supervisor Bierman from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. The roll was then called on the pending legislation and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Excused: Supervisor Bierman - 1. [Appointment] Resolution appointing Supervisor Tom Ammiano to the Executive Committee of the Association of Bay Area Government, for the unexpired portion of two year term ending June 30, 1996. (Clerk of the Board) File 92-96-11, Resolution No. 161-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Supervisor Ammiano Excused from Voting On advise of the City Attorney, Supervisor Ammiano requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Bierman, moved to excuse Supervisor Ammiano from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. The roll was then called on the pending legislation and it was adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Excused: Supervisor Ammiano - 1. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Adopted [Lien] Resolution authorizing the release of lien on property known as Booker T. Washington Community Service Center at 800 Presidio Avenue, owned by the Booker T. Washington Community Service Center Corporation, and urging the Mayor to urge the Tax Collector to forgive accrued penalties and interest. Sponsors Supervisors Alioto, Kennedy, Bierman. File 3-96-1, Resolution No. 144-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Commend George Washington High school] Resolution commending George Washington High School on its 60th Anniversary and for providing outstanding education and community service to San Francisco. Sponsors Supervisors Shelley, Alioto, Kaufman, Leal, Bierman. File 6-96-22, Resolution No. 145-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal Bierman requested to be added as co-sponsors. [Ballot Measure, Proposition 197, Mountain Lions] Resolution opposing Proposition 197, which would allow the Department of Fish and Game to reinstitute "sport" mountain lion hunting in California. Sponsors Supervisors Migden, Alioto, Bierman. File 60-96-2, Resolution No. 155-96 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [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, Bierman. File 270-95-6.4 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Local Emergency, Needle Exchange Program] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano. File 30-96-1.2 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. [China Basin Ballpark Benefits Report] Motion directing the Budget Analyst to prepare a report analyzing any and all benefits to the City that might result from the construction of the proposed China Basin Ballpark as being considered by the voters at the March 26, 1996 election; requesting that the report be given highest priority. Sponsor Supervisor Hsieh. File 165-96-1.1 (February 5, 1996 - Introduced in Board for consideration on February 12, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. 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 1-96-7, Resolution No. 143-96 (Tom Ammiano, member, Board of Supervisors, March 9 - 13 and March 29 - April 3; Tom Hsieh, member, Board of Supervisors, February 25 - 27 and March 9 - 13; Susan Leal, member, Board of Supervisors, March 6 - 20, 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, Migden, Shelley, Teng, Yaki - 11. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Teng, seconded by Supervisor Migden, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Teng, seconded by Supervisor Migden, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Imperative Resolutions] Adopted [Friends of the Urban Forest] Resolution commending the ongoing efforts of the Friends of the Urban Forest and celebrating the planting of the organization's 20,000th tree. File 006-96-024, Resolution No. 146-96 Supervisors Shelley, Hsieh, Teng, Alioto, Yaki, Bierman, Kaufman, Migden, Ammiano, Kennedy, Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Discrimination, Disabled in Employment] Draft ordinance adopting and implementing the policy of the San Francisco Civil Service Commission regarding non-discrimination against qualified individuals with disabilities in accordance with state and federal law. Supervisor Kaufman presented. Referred to Government Efficiency/Labor Committee. File 222-96-001. Referred to Board [Commend Herb Caen] Resolution commending Herb Caen, columnist for the San Francisco Chronicle, on the occasion of his 80th birthday on April 3, 1996. Supervisors Leal, Migden, Kaufman, Bierman, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 006-96-025. [Commend Jewish Museum] Resolution commending the Jewish Museum San Francisco on its special exhibition, "From the Ends of the Earth: Judaic Treasures of the Library of Congress." Supervisors Kaufman, Migden, Leal, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 006-96-026. [State Legislation AB 2084] Resolution opposing Assembly Bill 2084 (Richter) and urging the Mayor to direct the City's Legislative Representative to urge the State Legislature to oppose AB 2084 concerning the transfer of Transportation Development Sales Tax revenue to the General Fund in all counties. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 012-96-009. [Internet First Amendment Rights] Resolution urging the Congress and the President to pass SB 1567 (Leahy) which would repeal the Exon Amendment of the telecommunications bill recently signed by President Clinton and restore First Amendment rights on the Internet. Supervisor Migden presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 013-96-004. [Medicaid Cuts] Resolution opposing the National Governors' Association proposal to shift Medicaid to a block grant formula. Supervisors Migden, Alioto, Bierman, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 013-96-005. [Appointment, Redevelopment Agency] Resolution confirming the appointment of Lynette Sweet as a member of the Redevelopment Agency of the City and County of San Francisco. Supervisor Shelley presented on behalf of the Mayor. Referred to Rules Committee with request it be considered at the February 20, 1996 meeting. File 033-96-001. Referred to Committee [Interim Controls, 24th Street] Resolution imposing Interim Zoning Controls to temporarily prohibit specialty grocery and retail coffee stores, subject to specified exemptions, in the 24th Street-Noe Valley Neighborhood Commercial District, as defined in City Planning Code Section 728.1, for an eighteen (18) month period. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 111-96-001. [Interim Controls, 24th Street, Permits] Resolution enacting order directing the Zoning Administrator, the Superintendent of the Bureau of Building Inspection and other permit issuing agencies to suspend action on any application for permits or licenses for specialty grocery and retail coffee stores, subject to specific exceptions, in the 24th Street-Noe Valley Neighborhood Commercial District, as defined in City Planning Code Section 728.1. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 111-96-001.01. Referred to Board [Liability, Consulting Contractor] Resolution authorizing the City and County of San Francisco, acting through the appropriate City officials, to limit the liability of Superior Consulting Company, Inc. in its consulting agreement with the City to provide quality assurance services for the implementation of information systems for the Community Health Network of San Francisco. Supervisor Hsieh presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 172-96-003. [Coit Tower Pioneer Park Stairway] Resolution urging the Chief Administrative Officer to direct the Department of Public Works to fund two stairways on Greenwich and Filbert Streets east of Telegraph Hill Boulevard to improve pedestrian circulation and Muni access. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 20, 1996. File 200-96-002. Referred to Committee [Phelan Loop and Campus Safety] Resolution urging the Department of Public Works and Police Department to take steps to increase safety in the Phelan Loop and Phelan Campus of the City College of San Francisco areas. Supervisor Teng presented. Referred to Government Efficiency/Labor Committee. File 207-96-002. Requests for Hearings: [Municipal Railway Services, Seniors and Disabled] Hearing to consider the needs of seniors and the disabled with regard to Municipal Railway services. Supervisor Yaki presented. Referred to Housing and Land Use Committee. File 007-96-001. [Summer Youth Jobs Program Funding] Hearing to consider what steps San Francisco is taking concerning projected elimination or severe reduction of federal funding for the Summer Youth Jobs Program. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee. File 215-96-002. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-008. [Julia Bontempi v. CCSF] Ordinance authorizing settlement of litigation of Julia Bontempi against the City and County of San Francisco by payment of $9,000. (Superior Court No. 967-530). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-009. [Kevin B. Williams v. CCSF] Ordinance authorizing settlement of litigation of Kevin B. Williams against the City and County of San Francisco, Gerald Costanzo, John J. Walsh, Herman Alcade, Terry Jourgenson, Peter Jamero and Edwin Lee by payment of $65,000. (U.S.C.A. No. 93-16090 and California Court of Appeals No. AO70423). (City Attorney) Referred to Government Efficiency/Labor Committee. File 101-95-051. [Appropriation, Police Department] Ordinance appropriating and rescinding $31,690, Police Department, of General Fund salaries for the creation and deletion of one (1) position for fiscal year 1995-96 (reclassify Class 9205A, Communications Coordinator); companion measure to File 102-95-14. RO #95158. (Controller) Referred to Budget Committee. File 101-95-052. [Appropriation, Registrar of Voters] Ordinance appropriating $195,195, Registrar of Voters, from the General Fund Reserve for salaries, fringe benefits, other current expenses and equipment for the creation of one (1) position for fiscal year 1995-96; companion measure to File 102-95-11 RO #95146. (Controller) Referred to Budget Committee. File 101-95-053. [Appropriation, Police Department] Ordinance appropriating and rescinding $380,942, Police Department, of General Fund salaries for the creation and deletion of twelve (12) positions for fiscal year 1995-96; companion measure to File 102-95-13. RO #95154. (Controller) Referred to Budget Committee. File 101-95-054. [Appropriation, Police Department] Ordinance appropriating $183,200, Police Department, of Narcotics Forfeiture and Asset Seizure Funds to purchase laboratory equipment for fiscal year 1995-96. RO #95155. (Controller) Referred to Budget Committee. File 101-95-055. [Appropriation, Police Department] Ordinance appropriating $50,000, Police Department, of Narcotics Forfeiture and Asset Seizure Funds for the purchase of portable radios for fiscal year 1995-96. RO #95139. (Controller) Referred to Budget Committee. File 101-95-056. [Appropriation, Airport] Ordinance appropriating $14,188,100, Airport, of interest earnings from various capital improvement project and Bond Funds, to various capital improvement projects (Five-year Capital Projects Plan and Master Plan Projects), for fiscal year 1995-96. RO #95153. (Controller) Referred to Budget Committee. File 101-95-057. [Appropriation, Fire Department] Ordinance appropriating $597,410, Fire Department, of 1992 Fire Protection Bond Proceeds (Prop C), for various capital improvement projects (DPW Management Control, SFFD Administration, SFFD Disruption), for fiscal year 1995-96. RO #95152. (Controller) Referred to Budget Committee. File 101-95-058. [Appropriation, Airport] Ordinance appropriating $801,000, Airport, of Narcotics Forfeiture and Asset Seizure Fund Revenues to purchase equipment to enhance the Narcotics Interdiction Program for fiscal year 1995-96. RO #95116. (Controller) Referred to Budget Committee. File 102-95-011. [Salary Ordinance Amendment, Registrar of Voters] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) Registrar of Voters, reflecting the creation of one position, Classification 1819N MIS Specialist III; companion measure to File 101-95-52. (Department of Human Resources) Referred to Budget Committee. File 102-95-013. [Salary Ordinance Amendment, Police Department] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) reflecting the creation of twelve (12) positions (Classifications Q60N Lieutenant (11), 0395N Assistant Chief of Police (1), and the deletion of twelve (12) positions (Classifications Q50A Sergeant (11), 0400A Deputy Chief (1)); companion measure to File 101-95-53. (Department of Human Resources) Referred to Budget Committee. File 102-95-014. [Salary Ordinance Amendment, Police Department] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) reflecting the creation of one (1) position, 8245N Communications Manager SFPD and the deletion of one (1) position, 9205A Airport Communications Coordinator; companion measure to File 101-95-51. Referred to Budget Committee. File 115-96-001.01. [Amend Planning Code to Allow Ferris Wheel, Pier 39] Ordinance amending Article 2.5 of the San Francisco Planning Code by amending Section 260 to allow amusement parks and other commercial enterprises in C-2 Districts with conditional use authorization pursuant to Section 303 to a maximum height of 65 feet with an area not exceeding 1,000 square feet above the height limit measured parallel to the ground; companion measure to File 115-96-1. (Department of City Planning) (City Planning Resolution No. 14032, adopted 12/14/95) (City Planning Motion No. 14033, adopted 12/14/95). Referred to Housing and Land Use Committee. File 115-96-002. [Adult Entertainment Ban, Van Ness SUD] Ordinance amending Planning Code by amending Section 213 Van Ness Special Use District to prohibit adult entertainment enterprises as described in Section 221(k) pursuant to City Planning Code Section 101. (Department of City Planning) (Exempt Status: General Rule Exclusion (State Guidelines Section 15061(b) (3)). (City Planning Resolution No. 14037, adopted 1/11/96). Referred to Housing and Land Use Committee. File 121-96-005. [Tour Bus Restrictions] Ordinance amending Police Code by adding Sections 1183.27 and 1183.28, adding to the list of streets upon which a tour bus restriction shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 124-96-003. [Commercial Vehicle Weight Restrictions] Ordinance amending Traffic Code by adding Sections 28.5.49 and 28.5.50, adding to the list of streets upon which a commercial vehicle weight restriction shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. Resolutions Referred to Committee File 023-96-001. [Waiving Statute of Limitations] Resolution waiving the statute of limitations with respect to payment of certain warrants of the City and County of San Francisco, in the amount of $2,690.78 a legal obligation of the City and County of San Francisco. (Payee: Alison Matsunaga $1,587.54; George Elkin $1,103.24) (Controller) Referred to Government Efficiency/Labor Committee. File 048-96-008. [Settlement of Claim, Claude and Valarie Cooper] Resolution approving the settlement of the unlitigated claim of Claude and Valarie Cooper by payment of $8,750. (City Attorney) Referred to Government Efficiency/Labor Committee. File 082-96-002. [Temporary Construction Easement] Resolution authorizing the City and County of San Francisco to acquire, on behalf of the Department of Public Works, a temporary construction easement through a portion of the real property identified as Assessor's Parcel No. 4347A/1/2 - $44,871.54; and adopt findings pursuant to City Planning Code Section 101.1. (Real Estate Department) Referred to Budget Committee. File 094-96-001. [Sunol Water Temple Restoration] Resolution authorizing the Public Utilities Commission General Manager to apply for, accept and expend $820,000 from the Intermodal Surface Transportation Efficiency Act (ISTEA) under the California Department of Transportation enhancement activities program for the historic restoration of the Sunol Water Temple site. (Public Utilities Commission) Referred to Government Efficiency/Labor Committee. File 115-96-001. [Negative Declaration, Ferris Wheel at Pier 39] Resolution adopting Final Negative Declaration, finding and determining that amending Section 260 of the Planning Code to provide a height exception for permanent open-air amusement structures in large amusement complexes located in C-Districts will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration; companion measure to File 115-95-1.1. (Department of City Planning) (Final Negative Declaration adopted 12/14/95.) (City Planning Motion No. 14031 adopted 12/14/95 affirming decision to issue a Negative Declaration.) Referred to Housing and Land Use Committee. File 133-96-002. [Grant - State, Household Hazardous Waste] Resolution authorizing the Chief Administrative Officer (CAO) of the City and County of San Francisco to accept and expend $86,289 in discretionary grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs. (Also see File 133-95-8) (Chief Administrative Officer) Referred to Government Efficiency/Labor Committee. File 213-96-001. [Federal Grant, Mission Street Transit Project] Resolution authorizing the Public Transportation Commission to apply for, accept and expend up to $1,250,000 (including local match) of Federal Transit Administration Capital Assistance Section 3 funds to carry out Livable Urban Streets-Mission Street Transit Demonstration Project Activities. (Public Transportation Commission) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Kaufman, that letters of inquiry be sent to Department of Public Works, Department of Building Inspection, Fire Department and the Public Health Department concerning the Coliseum Theatre, located on Clement Street, its physical condition and whether or not it is presenting a hazard to the neighborhood and in violation of any building, health, fire or any other relevant City codes. The Board of Supervisors would appreciate a response on or before March 1, 1996. By Supervisor Kaufman, that City Attorney advise what steps the City may take to get the property owner to clean up the Coliseum Theatre located on Clement Street. The Board of Supervisors would appreciate a response on or before March 1, 1996. By Supervisor Kaufman, that letters of inquiry be sent to Assessor and Tax Collector concerning the Coliseum Theatre, located on Clement Street, to determine if there are any outstanding liabilities against this property and would appreciate a response on or before March 1, 1996. By Supervisor Kaufman, that letters of inquiry be sent to Director of Planning and Director of Parking and Traffic concerning alleged illegal wholesale commercial activities taking place out of illegally parked cars (double parked trucks) on Clement Street. The Director of Planning is requested to report whether selling products out of parked cars on City streets is appropriate and within the parameters of planning regulations. If these actions are inappropriate, please advise how the City can stop illegal business transactions from parked vehicles and that a response be submitted within one week. By Supervisor Kaufman, that City Attorney prepare legislation concerning construction contracts which would require a "Request for Pre-qualification" which specifies that 50 percent of sub-contractors be San Francisco subs and if permitted, also specify that 50 percent of employees be San Francisco residents. By Supervisor Kennedy, that City Attorney review the volunteer screening procedures at the Recreation and Park Department and advise whether the volunteer application forms (criminal history, consent and release of information forms) now being requested from volunteers who work with adults in senior programs is appropriate or a violation of the volunteer's privacy. By Supervisor Kennedy, that letters be sent to President Bill Clinton and Speaker Newt Gingrich indicating the Board's support of the new report that reconfirms the long-term benefits of early childhood programs like Head Start and opposes any cuts of funding for the Head Start program. By Supervisor Shelley, that City Attorney prepare legislation to add Municipal Railway to the Combined 911 Emergency Dispatch System. By Supervisor Yaki, that City Attorney provide formal opinion on the impact of the Telecommunications Act of 1996 on San Francisco, specifically, whether the new law has any pre-emptive effect on San Francisco's ability to regulate the siting and emissions of cellular transmitters for personal communication systems. Motions Adopted Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Crystol Beach Blaney Sponsor Supervisor Shelley. Joe Dee Sponsor Supervisor Kaufman. Mary Frances Warren Sponsor Supervisor Leal. File 2-96-7 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 9:52 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 March 11, 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