Board of Supervisors Minutes: February 26, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, February 26, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:07 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Noted absent at first roll call: Supervisors Alioto, Hsieh - 2. Quorum present. Supervisor Hsieh excused, on official leave of absence. Supervisor Alioto excused. (See infra.) Supervisor Alioto Excused The Clerk stated Supervisor Alioto requested to be excused from attending today's meeting. Supervisor Ammiano, seconded by Supervisor Bierman, moved to excuse Supervisor Alioto. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. CONSENT CALENDAR Severed from Consent Calendar Supervisor Yaki requested that the following measure be severed from the Consent Calendar and considered separately. Recommendation of Housing and Land Use Committee Question Divided; Adopted as Divided [Parking Regulations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use Committee) File 19-96-3, Resolution No. 193-96 (Diagonal (45-Degree Angle) Parking - Establish Townsend Street, both sides, between 2nd Street and the Embarcadero (legalizes existing arrangement). ((Perpendicular (90-Degree Angle) Parking - Establish Hampshire Street, west side, between 18th and 20th Streets.)) Unmetered Motorcycle Parking - Establish Phelan Avenue, west side, from 20 feet to 160 feet north of the south crosswalk at the southerly Cloud Circle access the City College Campus (140-foot zone, accommodating 40 motorcycles). One-Hour Parking Time Limit, 7 AM - 6 PM, Monday through Saturday - Rescind Parking Meter Area No. 3 (2-Hour Time Limit, 9 AM - 6 PM, Monday through Saturday) - Establish Post Street, both sides, between Franklin and Gough Streets. One-Hour Parking Time Limit, 7 AM - 6 PM, Monday through Saturday - Rescind Parking Meter Area No. 3(2-Hour Time Limit, 9 AM - 6 PM, Monday through Friday) - Establish Battery Street, west side, between Green and Union Streets. Green Street, north side, between Sansome and Battery Streets. Vallejo Street, both sides, between Sansome and Battery Streets. ((Two-Hour Parking Time Limit, 7AM - 6 PM, Except Sunday - Rescind Parking Meter Area No. 3 (2-Hour Time Limit, 9 AM - 6 PM, Monday through Saturday) - Establish Harrison Street, both sides, between 3rd and 4th Streets.)) Parking Meter Area No. 2 (2-Hour Time Limit, 7 AM - 6 PM, Monday through Saturday) - Establish Bryant Street, both sides, between 2nd and 3rd Streets.) At the request of Supervisor Yaki, the question was divided with respect to Hampshire Street so the matter could be considered separately. At the request of Supervisor Kennedy, the question was divided with respect to Harrison Street so the matter could be considered separately. The roll was then called on the main resolution and it was adopted as divided, by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Consideration Continued [Parking Regulations, Hampshire Street] Resolution enacting parking regulations at Hampshire Street. File 19-96-3.1 Supervisor Yaki, seconded by Supervisor Migden, moved to continue consideration to March 11, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Rereferred to Committee as Divided [Parking Regulations, Harrison Street] Resolution enacting and rescinding parking regulations at Harrison Street. File 19-96-3.2 Supervisor Kennedy, seconded by Supervisor Yaki, moved to rerefer, as divided, to Housing and Land Use Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. The Board resumed its consideration of the following items on the Consent Calendar. Consent Calendar Recommendation of Joint Rules/Budget Committee Finally Passed [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. Sponsors Supervisors Shelley, Hsieh, Teng, Kennedy, Yaki, Ammiano. File 216-95-1.1, Ordinance No. 80-96 (Fiscal Impact.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 81-96 (Municipal Court No. 117-249.) Finally passed. [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. 82-96 (Municipal Court No. 112-371.) Finally passed. [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. 83-96 (Superior Court No. 961-353.) Finally passed. [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. 84-96 (Superior Court No. 969-380.) Finally passed. [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. 89-96 Finally passed. [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. 85-96 (Adds Section 18.7.1.) Finally passed. [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. Sponsor Supervisor Kaufman. File 97-96-4, Ordinance No. 86-96 (Amends Section 2B.14.) Finally passed. [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. 87-96 (Amends Section 19A.20.) Finally passed. Recommendations of Housing and Land Use Committee Adopted [Stop Intersections] Resolution designating certain intersections as Stop intersections. (Housing and Land Use Committee) File 18-96-4, Resolution No. 192-96 (Stop Signs - Establish Frederick and Shrader Streets, northeast, northwest, and southwest corners, stopping all approaches (makes this an all-way Stop). Hawes and Shafter Avenues, northwest and southeast corners, stopping Hawes Avenue (makes this a 2-way Stop).) Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. REGULAR CALENDAR UNFINISHED BUSINESS From the Clerk Adopted [Findings] Motion adopting findings related to the appeal of the City Planning Commission's approval of Conditional Use Application No. 95.255C, for a planned unit development which allows the 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, authorizes exceptions from Planning Code requirements for rear yard depth, front setback, and moderation of building front, and authorizes 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). (Clerk of the Board) File 37-95-9.4 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. 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. Recommendation of Housing and Land Use Committee (Supervisor Teng dissenting in Committee.) Passed for Second Reading [Zoning Map Amendment, Lakeside Subdivision] Ordinance amending City Planning Code by amending the Zoning Map of the City and County for certain properties in the Lakeside Subdivision, generally bounded by Eucalyptus Drive on the north and Junipero Serra Boulevard and 19th Avenue on the east, south and west, all of Assessor's Blocks 7228, 7229, 7229A, 7230, 7232, 7233, 7234, 7235, 7238, 7238A, 7239, 7239A, 7240, 7240A, 7241, 7242, and 7243, and all of Assessor's Block 7231 except Lot 3, all of Assessor's Block 7236 except Lot 1, all of Assessor's Block 7237 except Lot 9, and all of Assessor's Block 7244 except Lot 17 from a 40-X Height and Bulk District to a 28-X Height and Bulk District. (Department of City Planning) File 36-95-8, Ordinance No. (City Planning Resolution No. 14024, adopted December 7, 1995.) (General Rule Exclusion from Environmental Review.) (January 29, 1996 - Consideration continued to February 26, 1996.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendation of Rules Committee Finally Passed [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. 88-96 (Amends Section 1183.13; Adds Section 1183.26.) Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. The President resumed the Chair. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $1,600,000, Fire Department, of 1992 Fire Protection Bond interest earnings, for a capital improvement project (design and architectural projects for various fire stations), for fiscal year 1995-96; placing $558,000 on reserve. (Controller) File 101-95-45, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Appropriation, Police Department] Ordinance appropriating and rescinding $25,352, 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). Sponsor Supervisor Shelley. File 101-95-51, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [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. Sponsor Supervisor Shelley. File 102-95-14, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [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. (Controller) File 101-95-53, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [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) File 102-95-13, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [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; placing $183,200 on reserve. (Controller) File 101-95-54, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Temporary Construction Easement] Resolution authorizing the City and County 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 and to adopt findings pursuant to City Planning Code Section 101.1. (Real Estate Department) File 82-96-2, Resolution No. 194-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendations of Health, Public Safety and Environment Committee Consideration Continued [Proposition 200 - March 26th election] Resolution opposing California State Proposition 200, which places limitations on attorneys and citizens' liberties by restricting tort liability. Sponsors Supervisors Alioto, Kennedy. File 60-96-1, Resolution No. Supervisor Kennedy, seconded by Supervisor Ammiano, moved to continue consideration to March 4, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Consideration Continued [Proposition 202 - March 26th election] Resolution opposing California State Proposition 202, which places limitations on attorneys and citizens' liberties by restricting attorney contingent fees. Sponsors Supervisors Alioto, Kennedy. File 60-96-1.2, Resolution No. Supervisor Kennedy, seconded by Supervisor Ammiano, moved to continue consideration to March 4, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. From Health, Public Safety and Environment Committee Without Recommendation Consideration Continued [Proposition 201 - March 26th election] Resolution opposing California State Proposition 201, which places limitations on attorneys and citizens' liberties by discouraging shareholder actions. Sponsors Supervisors Alioto, Kennedy. File 60-96-1.1, Resolution No. Supervisor Kennedy, seconded by Supervisor Ammiano, moved to continue consideration to March 4, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Recommendations of Housing and Land Use Committee Passed for Second Reading [Demolition of Landmarks and Buildings in Historic Districts] Ordinance amending City Planning Code, to set forth a new definition of, and procedures for, demolition. Sponsors Supervisors Bierman, Ammiano. File 115-95-3, Ordinance No. (Amends Sections 1005 and 1006.6.) (City Planning Resolution No. 13932, adopted August 3, 1995.) (Exemption/Exclusion from Environmental Review.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisor Ammiano requested to be added as co-sponsor. [Underground District No. 310, Presidio Heights] Ordinance amending Ordinance No. 178-94, which amended Ordinance No. 220-79, to redefine Underground District No. 310, Presidio Heights District, by requiring that all aerial utility facilities in this district, including those located on private property or in rear easements, be placed underground, and by requiring property owners to provide and maintain the underground supporting structures on their property. (Department of Public Works) File 52-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Liquor License, 350 Seventh Avenue] Resolution determining that the issuance of a Type 21 off-sale general license to Smart and Final for store at 350 Seventh Avenue, will serve the public convenience and necessity of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code; with conditions. (Housing and Land Use Committee) File 223-96-2, Resolution No. 199-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Appointment of President Pro Tempore At the request of the President, Supervisor Bierman assumed the Chair so the President could participate in the debate from the floor. Recommendations of Rules Committee Passed for Second Reading [Newspaper Theft] Ordinance amending Police Code, to prohibit the unauthorized removal of newspapers from newsracks, storefronts and residential properties. Sponsors Supervisors Shelley, Leal. File 121-96-3, Ordinance No. (Adds Section 630.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. Rereferred to Committee [Appointment] Resolution appointing member to the Bay Area Library and Information System Advisory Board, for the new two-year term ending December 31, 1997. (Rules Committee) File 92-96-4, Resolution No. (James Chaffee, Seat No. 21301, public-at-large and underserved residents in system, vice Donna Miller Casey, term expired.) Supervisor Kaufman, seconded by Supervisor Kennedy, moved to rerefer to Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted [Misuse of Disabled Placard] Resolution implementing Vehicle Code 22511.57 to establish a violation for misuse of a disabled placard when the placard has been reported lost, stolen or issued to person since deceased. Sponsors Supervisors Shelley, Kaufman, Migden, Ammiano, Yaki, Teng, Leal, Bierman, Kennedy. File 190-96-1, Resolution No. 195-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisors Kaufman, Migden, Ammiano, Yaki, Teng, Leal, Bierman, Kennedy requested to be added as co-sponsors. The President resumed the Chair. PUBLIC COMMENT The privilege of the floor was granted to the following persons: August Longo, Disability Awareness Day; Michael Petrelis, condoms for gay men; Leboriae P. Smoore, police brutality; Lois Roberts, library information referral services fee; Philip Palmer, Community Bank of the Bay; Richard Schulke, animal control, pit bull problem; Cecil Adams, Community Bank of the Bay; Jesus Gumson, employment issues; Jo Ann Hendrix, corruption in federal government; male speaker, ballpark issue; Joe Braverman, hostile behavior. There being no one else wishing to speak, the President declared the public comment portion of the meeting closed. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced at a prior meeting of the Board with action requested at this meeting. Any Supervisor may require these measures to go to committee unless a motion to suspend the rules is adopted by eight votes (or a unanimous vote if only six or seven members are present). An "aye" vote is (a) a vote in favor of suspending the rule requiring reference to committee, and (b) a vote in favor of adoption of the measures. Eight votes (or a unanimous vote if only six or seven members are present) is required. Severed From For Adoption Without Committee Reference Calendar Supervisor Leal requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted as Amended [Commend Herb Caen] Resolution commending Herb Caen, columnist for the San Francisco Chronicle, on the occasion of his 80th birthday on April 3, 1996. Sponsors Supervisors Leal, Migden, Kaufman, Bierman, Alioto, Shelley, Ammiano, Teng, Yaki, Kennedy. File 6-96-25, Resolution No. 189-96 (February 12, 1996 - Introduced in Board for consideration on February 26, 1996.) Supervisor Leal, seconded by Supervisor Ammiano, moved an amendment of the whole bearing same title. Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. In connection with the above item, Supervisors Ammiano, Teng, Yaki, Kennedy requested to be added as co-sponsors. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Supporting State Legislation - AB 2242] Resolution supporting AB 2242 regarding sidewalk food display counters and urging the State Legislature to approve passage. Sponsors Supervisors Kaufman, Migden, Teng, Leal, Yaki. File 12-96-10, Resolution No. 191-96 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. In connection with the above item, Supervisors Teng, Leal, Yaki requested to be added as co-sponsors. [OCC/SFPD Early Warning System] Resolution urging the Police Commission adopt an "Early Warning" system to reduce potential misconduct problems in the Police Department. Sponsors Supervisors Ammiano, Teng, Yaki, Bierman. File 207-96-3, Resolution No. 196-96 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. In connection with the above item, Supervisors Teng, Yaki, Bierman requested to be added as co-sponsors. [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. Sponsors Supervisors Yaki, Ammiano, Bierman, Hsieh, Kennedy, Leal, Migden, Shelley, Kaufman, Alioto, Teng. File 211-96-3, Resolution No. 197-96 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. In connection with the above item, Supervisors Alioto, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Migden, Leal, Bierman, Alioto, Teng, Yaki. File 232-96-1, Resolution No. 198-96 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. In connection with the above item, Supervisors Alioto, Teng, Yaki requested to be added as co-sponsors. [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 270-95-6.5 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. In connection with the above item, Supervisors Teng, Bierman requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano. File 30-96-1.3 (February 20, 1996 - Introduced in Board for consideration on February 26, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-9, Resolution No. 188-96 (Michael Hardeman, Commissioner, Port of San Francisco, February 22 - 23; Doris M. Ward, Assessor, Assessor's Office, March 1 - 5, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. [Imperative Resolution] [Welcome Labor Forum] Resolution welcoming the participants of a public forum on Sprint/La Conexion Familiar labor concerns to San Francisco on February 27, 1996. File 006-96-028, Resolution No. 190-96 Supervisors Shelley, Leal, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Hsieh - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Sick Leave/Vacation Benefits Transfer] Ordinance amending Administrative Code Section 16.9-29 relating to the transfer of sick leave and vacation benefits to catastrophically ill employees, by eliminating the limitation on the maximum number of hours that can be transferred to an employee for any single catastrophic illness. Supervisors Kennedy, Alioto presented. Referred to Economic Vitality/Social Policy Committee. File 097-96-008.01. Referred to Board [Disabilities Acts (ADA, IDEA)] Resolution supporting the American with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) and urging the Advisory Commission on Intergovernmental Relations not to support recommendations which weaken the ADA or the IDEA. Supervisors Leal, Yaki, Teng presented. Referred to Board for Adoption Without Committee Reference Calendar March 4, 1996. File 013-96-006. [Summer Youth Employment] Resolution urging the United States Congress and the President to restore funding for the summer and year-round youth employment programs and to give this matter a high priority in the current budget negotiations. Supervisors Yaki, Kennedy, Ammiano, Migden, Kaufman, Bierman, Leal, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar March 4, 1996. File 013-96-007. [Office of Citizen Complaints Quarterly Report] Receipt of the first quarterly report submitted by the Office of Citizen Complaints (to be referred to the Health, Public Safety and Environment Committee pursuant to Charter Section 3.530-2). Scheduled for Board meeting of March 4, 1996, by direction of the President at the request of Supervisor Ammiano. File 227-96-002. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 115-96-004. [Mission Bay Nonconforming Uses Text Amendment] Ordinance amending Planning Code by amending Section 983(e)(3) to provide a 25-year nonconforming use termination period beyond the current 10-year termination period for fully enclosed warehouse buildings east of Third Street. (Department of City Planning) Referred to Housing and Land Use Committee. Resolutions Referred to Committee File 033-96-002. [Appointment, Port Commission] Resolution confirming Mayor's appointment of James R. Herman to the San Francisco Port Commission. (Mayor) Referred to Rules Committee. File 038-96-005. [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the San Francisco Police Department, a redistribution gift of four (4) utility vehicles from the U.S. Department of Defense. (Police Commission. Referred to Government Efficiency/Labor Committee. File 146-96-005. [State Grant, Immunization Information System] Resolution authorizing the Department of Public Health, Community Public Health Services to accept and expend a grant of $180,000 from the State Department of Health Services to develop an immunization information system; waiving indirect costs. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-006. [Grant, Centralized Substance Abuse Treatment] Resolution authorizing the Department of Public Health, Division of Mental Health and Substance Abuse Services to accept and expend an augmentation to a grant up to the amount of $1,262,373 which excludes indirect costs from the United States Department of Health and Human Services, Center for Substance Abuse Treatment through the State of California, Department of Alcohol and Drug Programs to provide centralized substance abuse treatment enhancement and placement services in San Francisco as part of the "San Francisco Target Cities Project"; waiving indirect costs and providing for action previously taken. (Also see File 146-93-58) (Department of Public Health) 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 Shelley, that City Attorney prepare ordinance amending Municipal Code, Part III, Article 7, Section 515, to fund the Museum of the City of San Francisco from the Hotel Room Tax Fund. By Supervisor Kennedy, that letter be sent to Karen Patterson-Matthew, Executive Director, Bayview Hunterpoint Foundation, requesting report regarding the status of the Critical Incident Response Team and the status of the Advisory Committee to the Critical Incident Response Team. By Supervisor Kennedy, that letter be sent to his Honor, Mayor Brown, indicating the Board of Supervisors' support of the Community Bank of the Bay as stated in Resolution 483-95 and urging his attention and support in matching Oakland's equity investment of $1,000,000 and their grants assistance of $50,000. Motions Adopted Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Stephanie Alioto Wilhelm Sponsor Supervisor Alioto. Juan Pedro Gaffney Sponsor Supervisor Alioto. Vincent John Mullins Sponsor Supervisor Bierman. File 2-96-9 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:33 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