Board of Supervisors Minutes: February 20, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, February 20, 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 2:19 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 2:20 p.m. Suspension of the Rules Presentation Made Supervisor Ammiano, seconded by Supervisor Teng, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Jane Adams, representing the California Park and Recreation Society. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11 President Shelley introduced Jane Adams, Director, California Park and Recreation Society to present two awards; one for the AIDS Memorial Grove, and one for the Tenderloin Children's Playground and Recreation Center. Recreation and Park Department Director Mary Burns, Kerry Enright, Executive Director of AIDS Memorial Grove and Jack Porter, Member, Board of Director of the Grove were called forward to accept the California Park and Recreation Society Special Award of Excellence for the volunteer effort in the AIDS Memorial Grove Project. The California Park and Recreation Society presented a second award for Excellence in Recreation Center Design for the Tenderloin Children's Playground and Recreation Center to the following: Bob Nist and Andrew Maloney, Bureau of Architecture, Department of Public Works; Walt Kocian (retired) Landscape Architecture, Department of Public Works; Kelly Cullen, Tenderloin Neighborhood Development Corporation; Tim Lillyquist, Recreation and Park Department; Diana Chin and Keith Grier, Recreation Directors at the Playground and Recreation Center; and Children of the Tenderloin. Moment of Silence Supervisor Yaki requested a moment of silence in honor of the passing of Edmund G. "Pat" Brown, Prentis Cobb Hale, and Rhoda Goldman. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Leal, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, January 29, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 73-96 Finally passed. [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. 74-96 Finally passed. [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. 75-96 Finally passed. [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. 76-96 Finally passed. [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. 78-96 Finally passed. [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. 77-96 Finally passed. Recommendations of Joint Rules/Budget Committee Finally Passed [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. 72-96 Finally passed. [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. Sponsor Supervisor Shelley, Teng, Kennedy, Yaki, Ammiano. File 97-96-2, Ordinance No. 79-96 (Amends Section 10.204.) Finally passed. Recommendation of Housing and Land Use Committee Finally Passed [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. 71-96 (Adds Section 28.5.46.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Flavio Medina, et al., v. CCSF, et al.] Ordinance authorizing settlement of litigation of Flavio and Jovita Medina against the City and County, by payment of $6,162.42. (City Attorney) File 45-96-5, Ordinance No. (Municipal Court No. 117-249.) Passed for second reading. [Marcia Rayene, v. CCSF] Ordinance authorizing settlement of litigation of Marcia Rayene against the City and County by payment of $9,850. (City Attorney) File 45-96-6, Ordinance No. (Municipal Court No. 112-371.) Passed for second reading. [Consuelo Bartenfeld v. CCSF, et al.] Ordinance authorizing settlement of litigation of Consuelo Bartenfeld against the City and County by payment of $14,500. (City Attorney) File 45-96-7, Ordinance No. (Superior Court No. 961-353.) Passed for second reading. [CCSF v. Palace Enterprises] Ordinance authorizing settlement of litigation of City and County v. Palace Enterprises et al., for Defendants' payment of $25,000 in penalties to the City and stipulation to a permanent injunction. (City Attorney) File 46-96-4, Ordinance No. (Superior Court No. 969-380.) Passed for second reading. Adopted [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the Police Department, a redistribution gift of four generators from the Department of the Army. (Police Commission) File 38-96-3, Resolution No. 170-96 Adopted. [Lease, Moscone Center Garage] Resolution accepting Peter Ling as lessee of certain commercial space at Moscone Center Garage by negotiated agreement. (Real Estate Department) File 47-96-1, Resolution No. 171-96 Adopted. [Settlement of Claim, CA State Automobile Assn.] Resolution approving the settlement of the unlitigated claim of California State Automobile Association by payment of $9,519.59. (City Attorney) File 48-96-6, Resolution No. 172-96 Adopted. [Settlement of Claim, Leda P. Cartwright] Resolution approving the settlement of the unlitigated claim of Leda P. Cartwright by payment of $40,000. (City Attorney) File 48-96-7, Resolution No. 173-96 Adopted. [Lease Amendment, 1145 Market Street] Resolution authorizing an amendment of a lease of real property at 1145 Market Street for the Office of the Chief Administrative Officer, Solid Waste Management Program. (Real Estate Department) File 64-96-1, Resolution No. 174-96 Adopted. [Steel Recycling Institute Receipt] Resolution authorizing the Chief Administrative Officer of the City and County to accept and expend $1,500 from the Steel Recyling Institute. (Chief Administrative Officer) File 133-96-1, Resolution No. 177-96 Adopted. [Early Childhood Mental Health Services Program] Resolution authorizing the Department of Public Health, Division of Mental Health and Substance Abuse to apply retroactively for a grant of $1,515,193, from the Miriam and Peter Haas Fund, to create an integrated model of targeted consultation by establishing an intensive consultant training program which will prepare mental health practitioners to provide consultation, staff training, prevention and early intervention services and support for constituents of licensed, center-based early childhood programs serving San Francisco's low income families; waiving indirect costs. Sponsors Supervisors Alioto, Leal. File 146-96-2, Resolution No. 178-96 Adopted. [Grant, State Department of Rehabilitation] Resolution authorizing the Department of Public Health, Mental Health Services, to accept and expend a grant in the amount of $128,065, from the State Department of Rehabilitation and to enter into a Cooperative Program Agreement and a Case Service Contract with the San Francisco Department of Rehabilitation District to provide vocational services to mentally ill psychiatric clients; waiving indirect costs. Sponsor Supervisor Alioto. File 146-96-3, Resolution No. 179-96 Adopted. [State Grant, Immunization Services] Resolution authorizing the Department of Public Health, Community Public Health Services, to accept and expend retroactively a grant of $52,122 from the California Department of Health Services, for immunization services by Mission Neighborhood Health Center to immunize high risk infants and toddlers; waiving indirect costs; providing for ratification of action previously taken. Sponsor Supervisor Alioto. File 146-96-4, Resolution No. 180-96 Adopted. [State Grant, Juvenile Probation] Resolution authorizing the Juvenile Probation Department to accept and expend grant monies in the amount of $94,354.00 from the State of California, Department of the Youth Authority, for the administration of Log Cabin and Hidden Valley Ranches; waiving indirect costs. (Juvenile Probation Department) File 214-96-1, Resolution No. 185-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Joint Rules/Budget Committee Finally Passed [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. 70-96 (Fiscal Impact.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted [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. 160-96 (February 12, 1996 - Consideration continued to February 20, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Passed for Second Reading [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.) (February 12, 1996 - Consideration continued to February 20, 1996.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. NEW BUSINESS Recommendation of Budget Committee Adopted [Acquisition of Property, Brooks Park/Extension "Open Space"] Resolution authorizing purchase agreement for acquisition of real property located in Merced Heights described as the Brooks Park Open Space Extension Site, identified as Assessor's Block 7075, Lots 32, 33, 34, and 35 for open space purposes and adopting findings pursuant to City Planning Code Section 101.1. (Real Estate Department) File 168-96-2, Resolution No. 181-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [MOU, Implementing Provisions, Local 6] Ordinance adopting and implementing the provisions of a departmental Memorandum of Understanding between the International Brotherhood of Electrical Workers, Local 6 and the Department of Transportation to be attached to the current citywide Memorandum of Understanding as Appendix 6, effective for the period March 1, 1996 through June 30, 1996. (Department of Human Resources) File 93-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Employee Pay Warrants] Ordinance amending Administrative Code, relating to the designation of person to receive warrants or checks on death of employee. (Controller) File 97-96-3, Ordinance No. (Adds Section 18.7.1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Assessment Appeals Board, Hearing Officers] Ordinance amending Administrative Code, changing the number of hearing officers selected from among the alternate members of the Assessment Appeals Boards. (City Attorney, Supervisors Bierman, Kaufman) File 97-96-4, Ordinance No. (Amends Section 2B.14.) 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 Bierman, Kaufman requested to be added as co-sponsors. [Public Health Laboratory Services] Ordinance amending Administrative Code, to authorize the Director of Public Health to contract for laboratory services with non-governmental parties. (Department of Public Health) File 97-96-5, Ordinance No. (Amends Section 19A.20.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted [Reimbursement to Employees] Resolution authorizing reimbursement for cost of personal property of City and County employees damaged and/or stolen in the line of duty. (Government Efficiency and Labor Committee) File 51-95-4, Resolution No. 186-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Disaster Relief Funds] Resolution authorizing the Mayor and other designated City and County officials to execute and file, on behalf of the City and County, an application for Federal and/or State Financial Assistance under the Robert T. Stafford Federal Disaster Relief and Emergency Assistance Act and the State Natural Disaster Assistance Act for funds as a result of the December 1995 storms. (Controller) File 68-96-1, Resolution No. 175-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Noise Easements Acquisition, City of Millbrae] Resolution authorizing the acquisition of 61 noise easements in the City of Millbrae as a part of the Airport Master Plan's Memorandum of Understanding between the Airport and its neighboring communities - $120,000,000. (Real Estate Department) File 82-96-1, Resolution No. 176-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [State Grant, Retrofit of the Central Freeway] Resolution authorizing the Executive Director of the Department of Parking and Traffic to apply for, accept and expend up to $51,825 in state funds for the modification and extension of an existing consultant contract in order to evaluate the feasibility of alternatives to the retrofit of the Central Freeway, waiving reimbursement of indirect costs; providing for ratification of action previously taken. (Department of Parking and Traffic) File 192-96-1, Resolution No. 183-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Recommendations of Rules Committee Passed for Second Reading as Amended Appointment of President Pro Tempore At the request of the President, Supervisor Kennedy assumed the Chair so the President could participate in the debate from the floor. [Tour Bus Restrictions, El Camino Del Mar/25th Avenue] Ordinance amending Police Code, regarding tour bus restrictions on El Camino Del Mar, and on 25th Avenue; the provisions of this ordinance to expire on June 30, 1996. Sponsor Supervisor Shelley. File 121-96-2, Ordinance No. (Amends Section 1183.13; Adds Section 1183.26.) Supervisor Yaki, seconded by Supervisor Alioto, moved to amend title, line five, by adding "the provisions of this ordinance to expire on June 30, 1996," and amend line 20 to add: "Section 3. The provisions of this ordinance shall expire on June 30, 1996." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Migden - 1 Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. The President resumed the Chair. Adopted [No Left Turn Restrictions] Resolution rescinding the "No Left Turn" restriction and establishing a "No Left Turn Except Buses" restriction for eastbound Geary Boulevard at Park Presidio Boulevard. Sponsor Supervisor Shelley. File 20-96-3, Resolution No. 163-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing appealing decision of City Planning Commission by its Motion No. 14022, dated November 30, 1995, approving Conditional Use Application No. 95.255C, for a Planned Unit Development to allow demolition of a fire damaged, two story commercial structure and accessory parking lot, construction of 30 low income rental dwelling units and 30 off-street parking spaces, and authorizing exceptions from Planning Code requirements for rear yard depth, front setback, and moderation of building front, and authorizing conditional use approval for a building height of 46 feet in an RM-1 (Lot 1A-Mixed Residential, Low Density) and RM-2 (Lot 1-Residential, Mixed, Moderate Density) District with a 50-X height and bulk designation on property located at 1010 South Van Ness Avenue; Lots 1 and 1A in Assessor's Block 3615. File 37-95-9 (Appeal filed December 27, 1995.) (Exempt from environmental review under the California Environmental Quality Act ("CEQA")). (January 22, 1996 - Consideration continued to February 20, 1996.) The following persons were sworn in and granted privilege of the floor: Appellants: Attorney Laurel Stanley, James Tyler, Andrew Solow. Respondents: Executive Director, Mission Housing, Daniel Hernandez, Victor Marquez, Becka Brasian, Louise Vaughn, David, Juan Pifarrie, Man, Mara Reyes, Julia Wall, Kathy Brisones, Steven Wetherford, Julie McDeven, Mark Schwartz, Shane Shaffer, Jim Huber, Kim Calhoun, Lisa Pagan (presenting petition with 108 signatures), Eric Esada. A rebuttal period was allowed. The President then declared the hearing closed. Adopted [Zoning Appeal] Motion approving decision of City Planning Commission by its Motion No. 14022, approving Conditional Use Application No. 95.255C, on property located at 1010 South Van Ness Avenue, and adopting findings pursuant to City Planning Code Section 101.1. File 37-95-9.1 (January 22, 1996 - Consideration continued to February 20, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Tabled [Zoning Appeal] Motion disapproving decision of City Planning Commission by its Motion No. 14022, approving Conditional Use Application No. 95.255C, on property located at 1010 South Van Ness Avenue, and adopting findings pursuant to City Planning Code Section 101.1. File 37-95-9.2 (January 22, 1996 - Consideration continued to February 20, 1996.) Supervisor Leal, seconded by Supervisor Kaufman, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. Adopted [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 95.255C, on property located at 1010 South Van Ness Avenue, for action by the Board at its next meeting. File 37-95-9.3 (January 22, 1996 - Consideration continued to February 20, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. COMMITTEE REPORTS Recommendation of Rules Committee Adopted [Appointment] Resolution confirming Mayor's appointment to the Redevelopment Agency, for term ending September 3, 1999. (Mayor) File 33-96-1, Resolution No. 169-96 (Lynette Sweet, vice Clarence R. Stern, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Migden - 2. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Rev. Boyd, 911 System; Al Rose, Black History Month. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced at a prior meeting of the Board with action requested at this meeting. Any Supervisor may require these measures to go to committee unless a motion to suspend the rules is adopted by eight votes (or a unanimous vote if only six or seven members are present). An "aye" vote is (a) a vote in favor of suspending the rule requiring reference to committee, and (b) a vote in favor of adoption of the measures. Eight votes (or a unanimous vote if only six or seven members are present) is required. Adopted [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." Sponsors Supervisors Kaufman, Migden, Leal, Shelley, Teng, Yaki, Ammiano, Bierman. File 6-96-26, Resolution No. 164-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisors Teng, Yaki, Ammiano, Bierman requested to be added as co-sponsors. [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. Sponsors Supervisors Bierman, Leal, Ammiano. File 12-96-9, Resolution No. 165-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisors Leal, Ammiano requested to be added as co-sponsors. [Internet First Amendment Rights] Resolution urging the Congress and the President to pass S 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. Sponsors Supervisors Migden, Leal, Teng, Yaki, Ammiano, Bierman. File 13-96-4, Resolution No. 166-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisors Leal, Teng, Yaki, Ammiano, Bierman requested to be added as co-sponsors. [Medicaid Cuts] Resolution opposing the National Governors' Association proposal to shift Medicaid to a block grant formula. Sponsors Supervisors Migden, Alioto, Bierman, Ammiano, Leal, Teng, Yaki. File 13-96-5, Resolution No. 167-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisors Leal, Teng, Yaki requested to be added as co-sponsors. [Liability, Consulting Contractor] Resolution authorizing the City and County, 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. Sponsors Supervisors Hsieh, Yaki. File 172-96-3, Resolution No. 182-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [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. Sponsors Supervisors Bierman, Leal, Teng, Ammiano, Kaufman. File 200-96-2, Resolution No. 184-96 (February 12, 1996 - Introduced in Board for consideration on February 20, 1996.) Adopted. In connection with the above item, Supervisors Leal, Teng, Ammiano, Kaufman requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, 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 1-96-8, Resolution No. 163-96 (Willie L. Brown, Jr., Mayor, City and County of San Francisco, February 17 -19; Tom Ammiano, member, Board of Supervisors, February 29 - March 3; Philip Adams, Director, Public Transportation, March 8 - 13; Mary Gomez Daddio, Commissioner, Human Rights Commission, February 14 - 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 Kaufman, seconded by Supervisor Teng, 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 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 Kaufman, seconded by Supervisor Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 11. [Imperative Resolution] Adopted [Commending Police Chief Anthony Ribera] Resolution commending Police Chief Anthony Ribera on his 28 years of exemplary service to the City and County of San Francisco. File 6-96-27, Resolution No. 187-96 Supervisors Hsieh, Kaufman 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 [Tour Bus Restrictions] Ordinance amending Police Code adding Section 1183.27 to prohibit tour buses on 15th Avenue from Lake to the Presidio. Supervisors Shelley, Yaki, Bierman presented. Referred to Rules Committee. File 121-96-5.1. [Discrimination, Disabled in Employment] Substitute 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. [Lobos Creek Moratorium] Resolution rescinding Board of Supervisors' Resolution No. 48-96 concerning interim zoning controls that imposed the Lobos Creek Conservation District Moratorium Extension. Supervisor Shelley presented. Referred to Rules Committee. File 111-94-001.03. Referred to Board [Supporting State Legislation - AB 2242] Resolution supporting AB 2242 regarding sidewalk food display counters and urging the State Legislature to approve passage. Supervisors Kaufman, Migden, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 012-96-010. Referred to Committee [Temporary Closure of Wayne Place] Resolution urging the Department of Parking and Traffic and Department of Public Works to support the temporary closure and improvements of Wayne Place for children's recreational activities operated by the Wu Yee Children's Service. Supervisors Teng, Bierman, Ammiano presented. Referred to Housing and Land Use Committee. File 042-96-002. Referred to Board [OCC/SFPD Early Warning System] Resolution urging the Police Commission adopt an "Early Warning" system to reduce potential misconduct problems in the Police Department. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 207-96-003. [Citywide School Health Plan] Resolution supporting the development of a citywide school health plan that will serve as a framework for program development and resource allocation at all public school sites and will also serve as a guide for public agencies in serving children in the parochial and independent school systems within San Francisco. Supervisors Yaki, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 211-96-003. [Human Rights Commission] Resolution requesting that the Human Rights Commission consider and recommend to the Board of Supervisors ways by which businesses offering domestic partner benefits to their employees could receive favorable consideration when city contracts are awarded. Supervisors Ammiano, Migden, Leal, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 232-96-001. Referred to Committee [Lobos Creek Conservation] Resolution urging the Mayor to urge the Planning Commission to exercise its discretionary review authority to conduct public hearings on certain permit applications, subject to specified exceptions, for property within a Lobos Creek Conservation Area, to create a permanent program for review of certain land use activities on property within this Conservation Area, and to work with city agencies, commissions, and departments and the federal government to exercise management practices that protect Lobos Creek from governmental activities, and requesting the Department of City Planning to provide a report on the establishment of a discretionary review process for certain permit applications within this Conservation Area. Supervisor Shelley presented. Referred to Rules Committee. File 233-96-001. Requests for Hearings: [Budget Status] Hearing to consider the status of San Francisco's Budget, the budget projections for 1996-97, three year budget projections and impact of State Budget on San Francisco. Supervisor Hsieh presented. Referred to Budget Committee. File 100-96-003. Motions: Referred to Board [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. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 270-95-006.05. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar February 26, 1996. File 030-96-001.03. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 036-96-001. [Zoning Map Amendment, 2789 - 25th Street] Ordinance adopting changes in land use classification as an amendment to the Zoning Map of the City and County of San Francisco for property located at 2789 - 25th Street, Lot 13 in Assessor's Block 4277 from "P" Public Use District to M-1, Light Industrial District and adopting findings pursuant to Planning Code Section 101.1. (Department of City Planning) (City Planning Resolution No. 14048, adopted 1/25/96.) (Exempt from environmental review under General Rule Exclusion (State Guidelines, Section 15061(b)(3)). Referred to Housing and Land Use Committee. File 036-96-002. [Zoning Map Amendments, Oakdale Avenue/Quint St.] Ordinance adopting changes in property use districts reclassification as amendments to the Zoning Map of the City and County of San Francisco concerning properties located at the southeasterly corner of Oakdale Avenue and Quint Street, Lots 14 and 15 in Assessor's Block 5320 from an RH-2 (Residential House, Two-Family) District to an RH-2 District and the Oakdale Avenue and Quint Street Affordable Housing Special Use District; and finding consistency with the Master Plan priority policies in Section 101.1 of the City Planning Code; companion measure to File 115-96-3. (Department of City Planning) (City Planning Resolution No. 14045, adopted 1/25/96.) (Exempt from environmental review under General Rule Exclusion (State Guidelines, Section 15061(b)(3)). Referred to Housing and Land Use Committee. File 045-96-010. [Riva Mintz v. CCSF] Ordinance authorizing settlement of litigation of Riva Mintz against the City and County of San Francisco by payment of $25,000. (Superior Court No. 956-066). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-011. [Phillip Gonzales/Rosalynda Gonzales v. CCSF] Ordinance authorizing settlement of litigation of Phillip Gonzales and Rosalynda Tavarez-Gonzales against the City and County of San Francisco by payment of $35,000. (San Bernardino Superior Court Nos. SC04291 and 11637). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-012. [Progressive Insurance Co. v. CCSF] Ordinance authorizing settlement of litigation of Progressive Insurance Company against the City and County of San Francisco by payment of $8,000. (S.F. Municipal Court No. 117744). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-013. [Troy J. Scalise v. CCSF] Ordinance authorizing settlement of litigation of Troy J. Scalise against the City and County of San Francisco by payment of $20,000. (Superior Court No. 950-383). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-014. [Wright v. Contreras] Ordinance authorizing settlement of litigation of Willie Wright v. Fernando Jose Contreras, et al. by payment of $15,000. (Superior Court No. 953-700) (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-002.01. [Lease Agreement, Pier 38 Maritime Recreation Ctr.] Ordinance approving Lease Agreement between Carl Ernst, Jr. and Pier 38 Maritime Recreation Center, Inc. and the City and County of San Francisco operating by and through the San Francisco Port Commission for a Maritime Recreation Center at Pier 38 (on the Embarcadero between Townsend and Brannan Streets); companion measure to File 65-96-2. (Port Commission) Referred to Government Efficiency/Labor Committee. File 097-96-007. [Execution of Leases, Mayor's Office] Ordinance amending Administrative Code by amending Section 23.20, relating to execution of leases entered into by the City and County of San Francisco as lessee, to allow the Mayor's Director of Finance, as well as the Mayor to execute these leases. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 101-95-059. [Appropriation, Rent Arbitration Board] Ordinance appropriating $78,279, Rent Arbitration Board, of Rent Arbitration Board funds for salaries, management consulting services and other professional services for fiscal year 1995-96. RO #95157. (Controller) Referred to Budget Committee. File 115-96-003. [Oakdale Ave/Quint Street Affordable Housing SUD] Ordinance amending Planning Code by adding Section 249.16 to create the Oakdale Avenue and Quint Street Affordable Special Use District, and finding consistency with Planning Code 101.1; companion measure to File 36-96-2. (Department of City Planning) (City Planning Resolution No. 14045, adopted 1/25/96.) (Exempt from environmental review under General Rule Exclusion (State Guidelines, Section 15061(b)(3)). Referred to Housing and Land Use Committee. Resolutions Referred to Committee File 027-96-003. [Airport Emergency Roof Repair] Resolution approving a declaration of emergency, "Super Bay Hangar" emergency roof repair, Airport Contract No. 3641, San Francisco International Airport - $150,000.00. (Airports Commission) Referred to Budget Committee. File 028-96-003. [Emergency Repair, Golden Gate Ave/Capp St Sewer] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by performing the necessary work to replace structurally inadequate sewer in Golden Gate Avenue between Arguello Boulevard and Willard Street North and in Capp Street between Adair Street and 152 Feet Northerly - $192,030. (Department of Public Works) Referred to Budget Committee. File 038-96-004. [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the San Francisco Police Department, a gift of two helicopters from the United States Department of Defense pursuant to the National Defense Authorization Act. (Police Department) Referred to Budget Committee. File 040-96-004. [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) Referred to Housing and Land Use Committee. File 040-96-005. [Residential Parking Area "S", Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-006. [Residential Parking Area "V", Balboa Park] Resolution extending the boundaries of Residential Permit Parking Area "V" in the Balboa Park Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 065-96-002. [Final Neg Dec, Pier 38 Maritime Recreation Center] Resolution adopting Final Negative Declaration, finding and determining that the proposed Pier 38 Maritime Recreation Center (on the Embarcadero between Brannan and Townsend Streets) will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration; companion measure to File 65-96-2.1) (Final Negative Declaration issued on 2/2/95, as amended) (Port Commission) Referred to Government Efficiency/Labor Committee. File 102-95-015. [Exempt Rank, Assistant Police Chief] Resolution approving the exempt rank and position of Assistant Chief of the San Francisco Police Department pursuant to Charter Section 3.530. (Police Commission) Referred to Government Efficiency/Labor Committee. File 170-96-001. [Airport Revenue Bonds] Resolution approving the issuance of up to $83,300,000 aggregate principal amount of San Francisco International Airport Second Series Revenue Bonds for the purpose of financing the Master Plan Mitigation Noise Insulation Program in accordance with the Master Plan Mitigation Memorandum of Understanding, together with certain infrastructure projects at San Francisco International Airport. (Airports Commission) Referred to Budget Committee. File 213-96-002. [Federal Grant, Municipal Railway Projects] Resolution authorizing the Public Transportation Commission to apply for, accept, and expend $2,161,536 of Federal Enhancement Program Assistance and $285,047 from various local match sources such as State Transit Capital Improvement Funds, State Clean Air and Transportation Improvement Act Bond Funds, and various regional local match funds such as State Transit Assistance Funds, Transportation Development Act Funds, Bridge Toll Net Revenues, Gas Tax Revenue, Transit Impact Development Fees, San Francisco Municipal Railway Improvement Corporation Funds, the San Francisco County Sales Taxes, and/or Hetch Hetchy Funds for the three Municipal Railway projects listed herein including $58,316 of indirect costs. (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 Bierman, that letter be sent to the Chief Administrative Officer inquiring as to what improvements should be made to the taping system in the Commission Hearing Room (Room 428) in this building as complaints have been received regarding inaudible tapes. By Supervisor Leal, that letter be sent to the Human Rights Commission requesting that the Commission investigate the treatment of the Latino community by the Redevelopment Commission. By Supervisor Migden, that letter be sent to the Chief Administrative Officer inquiring if it is feasible for the City to sell links on a San Francisco Web Page to local businesses who want to promote themselves to tourists or businesses. By Supervisor Shelley, that City Attorney research what Boards, Commissions, and Agencies of the City are not subject to the Sunshine Ordinance (such as the Assessment Appeals Board) and prepare legislation to include them in the Sunshine Ordinance. By Supervisor Teng, that letter be sent to the Registrar of Voters through the Chief Administrative Officer requesting a report on the feasibility and related costs for the City to conduct the following municipal elections: l) allowing permanent legal residents to vote in school board elections if their children are enrolled in public schools; and 2) allowing permanent legal residents to vote in Community College Board elections if they attend City College. Motions Adopted Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Edmund G. "Pat" Brown (By the entire Board) Prentis Cobb Hale (By the entire Board) Rhoda Goldman (By the entire Board) Scott Beach (By the entire Board) Marjorie Wong Sponsor Supervisor Shelley. Joel DeCayette, Jr. Sponsors Supervisors Kennedy, Bierman. Allen Harris Sponsor Supervisor Migden. Jack McClosky Sponsor Supervisor Bierman. S. Ward Cascells 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 4:47 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 18, 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