Board of Supervisors Minutes: March 4, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, March 4, 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 2:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Noted absent at first roll call: Supervisor Kennedy - 1. Quorum present. Supervisor Kennedy excused. (See infra.) Supervisor Kennedy Excused The Clerk stated Supervisor Kennedy requested to be excused from attending today's meeting because of illness. Supervisor Kaufman, seconded by Supervisor Teng, moved to excuse Supervisor Kennedy. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Migden, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, February 5, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 91-96 (Fiscal Impact.) Finally passed. [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, Airport Communications Coordinator). Sponsor Supervisor Shelley. File 101-95-51, Ordinance No. 92-96 Finally passed. [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. 96-96 Finally passed. [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. 93-96 Finally passed. [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. 95-96 Finally passed. [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. 94-96 Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [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. 97-96 (Amends Sections 1005 and 1006.6.) (City Planning Resolution No. 13932, adopted August 3, 1995.) (Exemption/Exclusion from Environmental Review.) Finally passed. [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. 98-96 Finally passed. Recommendation of Rules Committee Finally Passed [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. 99-96 (Adds Section 630.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Julia Bontempi v. CCSF] Ordinance authorizing settlement of litigation of Julia Bontempi against the City and County by payment of $9,000. (City Attorney) File 45-96-8, Ordinance No. (Superior Court No. 967-530.) Passed for second reading. [Kevin B. Williams v. CCSF] Ordinance authorizing settlement of litigation of Kevin B. Williams against the City and County, Gerald Costanzo, John J. Walsh, Herman Alcade, Terry Jourgenson, Peter Jamero and Edwin Lee by payment of $65,000. (City Attorney) File 45-96-9, Ordinance No. (U.S.C.A. No. 93-16090 and California Court of Appeals No. AO70423.) Passed for second reading. [Riva Mintz v. CCSF] Ordinance authorizing settlement of litigation of Riva Mintz against the City and County by payment of $25,000. (City Attorney) File 45-96-10, Ordinance No. (Superior Court No. 956-066.) Passed for second reading. [Progressive Insurance Co. v. CCSF] Ordinance authorizing settlement of litigation of Progressive Insurance Company against the City and County by payment of $8,000. (City Attorney) File 45-96-12, Ordinance No. (S.F. Municipal Court No. 117744.) Passed for second reading. [Troy J. Scalise v. CCSF] Ordinance authorizing settlement of litigation of Troy J. Scalise against the City and County by payment of $20,000. (City Attorney) File 45-96-13, Ordinance No. (Superior Court No. 950-383.) Passed for second reading. [Wright v. Contreras] Ordinance authorizing settlement of litigation of Willie Wright v. Fernando Jose Contreras, et al. by payment of $15,000. (City Attorney) File 45-96-14, Ordinance No. (Superior Court No. 953-700.) Passed for second reading. Adopted [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) File 48-96-8, Resolution No. 207-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Health, Public Safety and Environment Committee Adopted [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. 208-96 (February 26, 1996 - Consideration continued to March 4, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Noes: Supervisor Hsieh - 1. Absent: Supervisor Kennedy - 1. [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. 210-96 (February 26, 1996 - Consideration continued to March 4, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Noes: Supervisor Hsieh - 1. Absent: Supervisor Kennedy - 1. From Health, Public Safety and Environment Committee Without Recommendation Adopted [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. 209-96 (February 26, 1996 - Consideration continued to March 4, 1996.) Ayes: Supervisors Alioto, Ammiano, Bierman, Leal, Migden, Shelley, Teng, Yaki - 8. Noes: Supervisors Hsieh, Kaufman - 2. Absent: Supervisor Kennedy - 1. Recommendation of Housing and Land Use Committee Finally Passed [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. 90-96 (City Planning Resolution No. 14024, adopted December 7, 1995.) (General Rule Exclusion from Environmental Review.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Registrar of Voters] Ordinance appropriating $141,521, 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. (Controller) File 101-95-52, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [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 (1) position (Classification 1819N, MIS Specialist III); companion measure to File 101-95-52. (Department of Human Resources) File 102-95-11, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Appropriation, Airport] Ordinance appropriating $14,188,100, Airport, of interest earnings from various capital improvement project and bond funds of the Airport to various capital improvement projects (Five Year Capital Projects Plan and Master Plan Projects), for fiscal year 1995-96; placing $8,892,599 on reserve. (Controller) File 101-95-56, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Appropriation, Fire Department] Ordinance appropriating $597,410, Fire Department, of 1992 Fire Protection Bond Proceeds (Proposition C), for various capital improvement projects, for fiscal year 1995-96; placing $215,000 on reserve. (Controller) File 101-95-57, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [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; placing $390,359 on reserve. (Controller) File 101-95-58, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Adopted [Airport Revenue Bonds] Resolution approving the issuance of up to $82,300,000 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) File 170-96-1, Resolution No. 212-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Recommendation of Joint Budget/Housing and Land Use Committee Adopted as Amended [Transbay Terminal] Resolution indicating the Board of Supervisors preference for the Main and Beale Streets at Howard Street site as the location for a replacement facility to the Transbay Transit Terminal and indicating the Board's preference for an underground CalTrain terminal extension at the current Transbay Terminal site and urging the Mayor to take those steps necessary, with CALTRANS, the Metropolitan Transportation Commission, and other parties as appropriate, to initiate project planning activities for a replacement transit terminal at the Main and Beale location; urging maximization of private sector participation and development incorporating commercial uses at the terminal and further urging the Mayor to urge the City Planning and Redevelopment staffs to continue the important Transbay Area Study land use planning effort, employing as assumptions that the existing Transbay Transit Terminal will be replaced with a new terminal at Main and Beale Streets. (Mayor, Supervisor Hsieh) File 85-95-6, Resolution No. 200-96 Supervisor Yaki, seconded by Supervisor Hsieh, moved to amend page two, line 3, after "process" by inserting "must" and delete the "s" in "includes"; amend page two, line 18, by inserting the following further resolved clause: "Further Resolved, That the Board of Supervisors does hereby urge the Mayor to request the City Planning and Redevelopment Agency Staffs along with Caltrans, the Metropolitan Transportation Commission and other parties as appropriate, to seek to maximize private sector participation and development incorporating significant commercial uses, such as retail, entertainment or other services in the development of a transit terminal". Title amended accordingly on page one, line 15, after "Location" by inserting "; urging maximization of private sector participation and development incorporating commercial uses at the terminal". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Kaufman, Kennedy - 2. Adopted as amended by the following vote: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Kaufman, Kennedy - 2. Recommendation of Economic Vitality and Social Policy Committee Passed for Second Reading [Repeal of Flat Rate Airport Fare] Ordinance amending Police Code, to delete the flat rate fare for groups of passengers traveling to or from the San Francisco International Airport. Sponsor Supervisor Kennedy. File 121-96-4, Ordinance No. (Amends Section 1135.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Phillip Gonzales/Rosalynda Gonzales v. CCSF] Ordinance authorizing settlement of litigation of Phillip Gonzales and Rosalynda Tavarez-Gonzales against the City and County by payment of $35,000. (City Attorney) File 45-96-11, Ordinance No. (San Bernardino Superior Court Nos. SC04291 and 11637.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Execution of Leases, Mayor's Office] Ordinance amending Administrative Code, relating to execution of leases entered into by the City and County as lessee, to allow the Mayor's Director of Finance, as well as the Mayor, to execute these leases. (Real Estate Department) File 97-96-7, Ordinance No. (Amends Section 23.20.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Adopted [Waiving Statute of Limitations] Resolution waiving the Statute of Limitations with respect to payment of certain warrants of the City and County, in the amount of $2,690.78 a legal obligation of the City and County. (Controller) File 23-96-1, Resolution No. 206-96 (Alison Matsunaga, $1,587.54; George Elkin, $1,103.24.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Exempt Rank, Assistant Police Chief] Resolution approving the exempt rank and position of Assistant Chief of the Police Department pursuant to Charter Section 3.530. (Police Commission) File 102-95-15, Resolution No. 201-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Grant - State, Household Hazardous Waste] Resolution authorizing the Chief Administrative Officer to accept and expend $86,289 in discretionary grant funding from the California Integrated Waste Management Board (CIWMB); waiving indirect costs; placing $71,250 on reserve. (Chief Administrative Officer) File 133-96-2, Resolution No. 211-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Migden assumed the Chair so the President could participate in the debate from the floor. [Stadium Naming Rights Agreement] Resolution approving a stadium naming rights agreement with the San Francisco 49ers ("3COM Park") for the period from February 1, 1996 through January 31, 2000. Sponsors Supervisors Ammiano, Teng, Yaki, Shelley Alioto. File 172-96-2, Resolution No. 213-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. In connection with the above item, Supervisor Alioto requested to be added as co-sponsor. The President reassumed the Chair. [Federal Grant, Mission Street Transit Project] Resolution authorizing the Public Transportation Commission to apply for, retroactively, 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; placing $1,250,000 on reserve. Sponsors Supervisors Leal, Kaufman, Alioto, Bierman, Yaki. File 213-96-1, Resolution No. 214-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. In connection with the above item, Supervisors Kaufman, Alioto, Bierman, Yaki requested to be added as co-sponsors. [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 three Municipal Railway projects, including $58,316 of indirect costs; placing $2,324,254 on reserve. (Public Transportation Commission) File 213-96-2, Resolution No. 215-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. [Grant - Federal Funds] Resolution authorizing the Human Rights Commission to apply for, accept and expend retroactively, a grant of $151,891 from the United States Department of Housing and Urban Development to provide for a fair housing education and outreach program; placing $69,280 on reserve. Sponsors Supervisors Shelley, Alioto. File 230-96-1, Resolution No. 216-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. Recommendation of Select Committee on Municipal Public Power Passed for Second Reading [PUC - Franchises] Ordinance amending Administrative Code, to provide that the report regarding the feasibility of municipalizing the electricity utilities distribution system in San Francisco shall be submitted by the Public Utilities Commission to the Board of Supervisors by October 30, 1996, rather than June 30, 1996. Sponsor Supervisor Alioto. File 97-96-6, Ordinance No. (Amends Section 11.08.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Kennedy - 1. From the President Report Received; Referred to Committee [Office of Citizen Complaints Quarterly Report] Report by the Office of Citizen Complaints, the first quarterly report required by Proposition G of November 1995. Sponsor Supervisor Ammiano. File 227-96-2 A brief oral report and a complete written report was submitted by the department representative. Referred to Health, Public Safety and Environment Committee by the President pursuant to Charter Section 3.530-2. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to the decision of the Acting Director of Public Works and Advisory Agency, by its letter dated January 29, 1996 disapproving Parcel Map of Lot 15A in Assessor's Block 661 for a 2-unit condominium conversion at 1822-24 Webster Street. File 59-96-1 (Appeal filed February 7, 1996.) The following persons were sworn in and granted privilege of the floor: Appellants: Marsha Rosenberger. Respondents: Denise Brady, Department of Public Works. The President then declared the hearing closed. From the Clerk (Only one of the following two motions should be adopted.) Tabled [Parcel Map] Motion approving decision of the Acting Director of Public Works and Advisory Agency, disapproving Parcel Map of proposed 2-unit condominium conversion of Lot 15A, in Assessor's Block 661 of property located at 1822-24 Webster Street. File 59-96-1.1 Supervisor Teng, seconded by Supervisor Leal, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden, Teng, Yaki - 8. Absent: Supervisors Ammiano, Kennedy, Shelley - 3. Adopted as Amended [Parcel Map] Motion disapproving decision of the Acting Director of Public Works and Advisory Agency, disapproving Parcel Map of proposed 2-unit condominium conversion of Lot 15A, in Assessor's Block 661 of property located at 1822 - 24 Webster Street and approving parcel map with condition. File 59-96-1.2 Supervisor Leal, seconded by Supervisor Alioto, moved to amend title, line 5, after "Street" by inserting "and approving parcel map with condition"; amend line 14, after "disapproved" by adding "; and, be it Further Moved, That the Board of Supervisors approves the parcel map with condition that the owner obtains a variance from City Planning". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden, Teng, Yaki - 8. Absent: Supervisors Ammiano, Kennedy, Shelley - 3. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Leal, Migden, Teng, Yaki - 8. Absent: Supervisors Ammiano, Kennedy, Shelley - 3. Adopted [Findings] Motion directing the Clerk of the Board to prepare findings relating to parcel map of proposed 2-unit condominium conversion of Lot 15A, in Assessor's Block 661 of property located at 1822-24 Webster Street, for consideration by the Board at its next meeting. File 59-96-1.3 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Teng, Yaki - 9. Absent: Supervisors Kennedy, Shelley - 2. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Shelley Salieri, bond debt financing; Leboriae P. Smoore, police brutality; Marie Harrison, power plant at Bayview Hunters Point; Imogene Bubbard, power plant at Bayview Hunters Point; Frances Sanders, Municipal Railway services, rude drivers. 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 [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. Sponsors Supervisors Leal, Yaki, Teng, Shelley, Alioto, Bierman, Ammiano, Kaufman, Hsieh. File 13-96-6, Resolution No. 204-96 (February 26, 1996 - Introduced in Board for consideration on March 4, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Ammiano, Kaufman, Hsieh requested to be added as co-sponsors. [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. Sponsors Supervisors Yaki, Kennedy, Ammiano, Migden, Kaufman, Bierman, Leal, Shelley, Alioto. File 13-96-7, Resolution No. 205-96 (February 26, 1996 - Introduced in Board for consideration on March 4, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Kennedy - 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 1-96-10, Resolution No. 202-96 (Barbara Kaufman, member, Board of Supervisors, March 7 - 12; Willie B. Kennedy, member, Board of Supervisors, March 9 - 13; Michael J. Yaki, member, Board of Supervisors, March 7 - March 11; Michael S. Strunsky, Commissioner, Airports Commission, February 28 - March 1, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Kennedy - 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 Teng, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Kennedy - 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 Teng, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Kennedy - 2. [Imperative Resolution] Adopted [Proclaim Weights and Measures Week] Resolution declaring March 1-7, 1996 to be Weights and Measures Week in the City and County of San Francisco. File 004-96-005, Resolution No. 203-96 Supervisors Teng, Migden presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Kennedy - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Myanmar, Burma] Draft ordinance amending Administrative Code by adding Chapter 12J, Sections 12J.1 to 12J.9 to prohibit contracts for personal services with those who do business in or with Burma (Myanmar) and prohibit the purchase of commodities produced in Burma (Myanmar) or provided by those who do business in or with Burma (Myanmar). Supervisors Ammiano, Bierman, Alioto presented. Referred to Government Efficiency/ Labor Committee. File 097-96-010. [Possessory Tax] Draft ordinance amending Administrative Code Section 23.6.1 to require Board of Supervisors approval of all agreements potentially involving a possessory tax assessment. Supervisor Ammiano presented. Referred to Budget Committee. File 097-96-011. [Interim Zoning Controls, Union Square Signs] Resolution extending for an additional twelve months Interim Zoning Controls prohibiting the approval of general advertising signs within 200 feet of the park known as Union Square and facing said park but allowing replacement signs and deleting the special exceptions from the roof sign and height limitations for general advertising signs within 200 feet of Union Square. Supervisors Bierman, Alioto presented. Referred to Housing and Land Use Committee. File 111-95-001.01. Referred to Board [Cycle Messenger World Championship 1996] Resolution supporting Cycle Messenger World Championship 1996 in San Francisco. Supervisors Migden, Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 006-96-029. [Commend Yvonne Y. Lee] Resolution commending Yvonne Y. Lee and declaring March 15, 1996 Yvonne Y. Lee Day in San Francisco. Supervisors Teng, Hsieh, Yaki, Shelley, Alioto, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 006-96-030. [State Legislation, SB 1964, Gender Identity] Resolution urging the State Assembly and State Senate to enact SB 1964 relating to gender identity. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 012-96-011. [Federal Funding, BART to Airport] Resolution urging the Subcommittee on Transportation and related agencies appropriations to recommend continued funding for the BART San Francisco Airport extension in the fiscal year 1997 budget to the Committee on Appropriations of the United States House of Representatives. Supervisors Shelley, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 013-96-008. Referred to Committee [Garment Industry, HUD Guidelines] Resolution urging the U.S. Housing and Urban Development Department to revise the underwriting criteria to allow small business owners more accessibility to the Mayor's Office of Community Development revolving loan fund. Supervisors Teng, Bierman, Alioto presented. Referred to Government Efficiency/Labor Committee with request it be considered on March 26, 1996. File 013-96-009. [HIV/AIDS Prevention, Alternative Condom] Resolution urging the Director of Public Health to take any necessary steps to make available the "female condom" to men as well as women as an additional means to prevent HIV infection. Supervisors Ammiano, Alioto presented. Referred to Health/Public Safety/Environment Committee. File 030-96-002. [Gift, Lyon Street Garden Maintenance] Resolution accepting and acknowledging a gift of $38,393.08 provided to the City and County by Lucille and George Jewett, Jr. for the maintenance of the permitted Lyon Street Garden during calendar year 1995 and thanking Lucille and George Jewett, Jr. for their generous and beneficial gift. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered on March 13, 1996. File 038-96-006. [Election, California Civil Rights Initiative] Resolution establishing policy opposing the California Civil Rights Initiative, joining the Mayor in his efforts to oppose this measure and educate the San Francisco electorate about its negative impact on the City and County and supporting the efforts of "Freedom Summer 1996". Supervisors Teng, Leal, Alioto presented. Referred to Government Efficiency/Labor Committee. File 060-96-003. [Garment Industry, MOCD Revolving Loan Fund] Resolution establishing a minimum of one million dollars ($1m) revolving loan fund of the U.S. Housing and Urban Development Section 108 funding to meet the needs expressed by small business owners in the garment industry. Supervisors Teng, Bierman, Alioto presented. Referred to Government Efficiency/Labor Committee with request it be considered on March 26, 1996. File 068-96-002. Referred to Board [Garment Industry Policy] Resolution establishing a policy to retain and expand garment jobs in San Francisco and to develop an industrial policy to retain and encourage manufacturing industry in San Francisco. Supervisors Teng, Ammiano, Yaki, Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 176-96-001.01. Referred to Committee [Moratorium, Industrial Facilities] Resolution urging Mayor Willie L. Brown, Jr. to urge all City departments and agencies to refrain from taking, permitting or approving any action that would result in the development of any major industrial facility in the Bayview Hunters Point Community for eighteen months. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 234-96-001. Referred to Board [Child Custody, Sharon Bottoms] Resolution urging the Appeals Courts of the Commonwealth of Virginia to overturn the recent court decision denying Sharon Bottoms custody of her child. Supervisors Ammiano, Migden, Leal, Alioto, Bierman, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 235-96-001. Referred to Committee [Sexual Predator Law, AB 888] Resolution designating the District Attorney to assume responsibility for proceedings brought under AB 888, the new State sexual predator law. Supervisors Kaufman, Alioto presented. Referred to Health/Public Safety/Environment Committee. File 236-96-001. Requests for Hearings: [Municipal Railway Evening Services] Hearing to evaluate and examine evening and night ridership on Municipal Railway buses throughout the City with the possibility of using smaller, less costly vehicles and/or re-routing of current patterns or shifting buses from low to high volume areas. Supervisor Yaki, Bierman presented. Referred to Government Efficiency/Labor Committee with request it be considered on March 26, 1996. File 007-96-002. [Lead Poisoning Prevention] Hearing to consider the Lead Poisoning Prevention Citizen Advisory Committee's Annual Report. Supervisor Shelley presented. Referred to Rules Committee. File 030-96-003. [Health Department, Deloitte & Touche Report] Hearing to consider the 1995 Annual Report from Deloitte and Touche Consulting Group which summarizes consulting activities performed at the Department of Public Health to enhance revenues and reduce costs. Supervisor Hsieh presented. Referred to Budget Committee. File 030-96-004. [New Jobs Tax Credit Extension] Hearing to consider amending the Municipal Code, Part III, Sections 906B and 1005.6 to extend the New Jobs Tax Credit Revenue and Finance code five years to December 31, 2002. Supervisor Kaufman presented. Referred to Budget Committee. File 127-96-002. [Office of Medical-Examiner/Coroner] Hearing to consider the operations, management and activities of the Office of the Chief Medical Examiner/Coroner. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 186-96-001. [Sanchez Hill Development] Hearing to consider the Sanchez Hill development. Supervisors Migden, Bierman presented. Referred to Housing and Land Use Committee with request it be considered on March 21, 1996. File 238-96-001. 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. Supervisors Shelley, Teng, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 270-95-006.06. [Local Emergency, Needle Exchange Program] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar March 11, 1996. File 030-96-001.04. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-015. [Pan Marine Constructors, Inc. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Pan Marine Constructors, Inc. against the City and County of San Francisco by payment of $26,293.30. (Superior Court No. 961-083). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-016. [Michael Lavella, v. CCSF] Ordinance authorizing settlement of litigation of Michael Lavella against the City and County of San Francisco by payment of $25,000. (Also see File 46-96-1). (Superior Court No. 955-039). (City Attorney) Referred to Government Efficiency/Labor Committee. File 097-96-009. [Health Service Plans & Rates of Contribution] Ordinance amending Administrative Code Section 16.157, approving Health Service System Plans and Rates of Contribution as adopted by the Health Service Board. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 101-95-060. [Appropriation, Mayor's Office] Ordinance appropriating $100,000, Mayor's Office, from the General Fund Reserve for salaries and fringe benefits for fiscal year 1995-96; placing $13,493 on reserve. (Estimate of vested vacation and fringes). RO #95122. (Controller) Referred to Budget Committee. Resolutions Referred to Committee File 025-96-002. [Prop J Contract, Janitorial Services] Resolution concurring with the Controller's certification that janitorial services can be practically performed at the office of the Controller at 160 South Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Controller) Referred to Government Efficiency/Labor Committee. File 040-96-007. [Residential Parking Area "I", Bartlett Street] Resolution extending the boundaries of Residential Permit Parking Area "I" in the Bartlett Street 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 040-96-008. [Residential Parking Area "C", Chinatown-Nob Hill] Resolution extending the boundaries of Residential Permit Parking Area "C" in the Chinatown-Nob Hill 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 047-95-013.01. [Management Agreement, Lombard Street Garage] Resolution confirming award of the Management Agreement to Pacific Park Management, for the operation of the Lombard Street Garage. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 048-96-009. [Settlement of Claim, Oleg G. Shakhnazarov] Resolution approving the settlement of the unlitigated claim of Oleg G. Shakhnazarov by payment of $9,500.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 133-96-003. [Local Government Commission/CIWMB Receipt] Resolution authorizing the Chief Administrative Officer (CAO) of the City and County of San Francisco to accept and expend $7,500 from the Local Government Commission/California Integrated Waste Management Board. (Chief Administrative Officer) 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 to amend the Health Code to reduce the number of members for the Lead Hazard Reduction Citizens Advisory Committee. By Supervisors Teng, Bierman, that City Attorney prepare ordinance which would provide payroll tax credits to garment companies which have documented reinvestment in technical equipment or human resources such as retraining. By Supervisors Yaki, Bierman, that Budget Analyst study the feasibility of a youth employment tax credit which would apply to both year-round and temporary employment of youth and its impact on the general fund. By Supervisor Ammiano, that letter be sent to his Honor, the Mayor, inquiring whether he proposes to make appointments to the existing Small Business Advisory Commission or is it his intention to suggest creation of a new body to address the concerns of San Francisco's small and neighborhood serving businesses. By Supervisor Bierman, that City Attorney prepare legislation which would establish the Haight Ashbury Alcoholic Beverage Special Use District in the area including Haight Street from Divisadero to Stanyan; Divisadero Street from Waller to Fulton; and Hayes Street from Divisadero to Stanyan. By Supervisor Kaufman, that City Attorney prepare ordinance amending Municipal Code, Part III, Sections 906B and 1005.6 to extend the New Jobs Tax Credit Revenue and Finance Code five years to December 31, 2002. File 127-96-2. Motions Adopted Motion that the Board adjourn its meeting this date out of respect to the memory of the following deceased: Mary Catherine Gaffney Sponsor Supervisor Alioto. Christian Haren (By the entire Board) Elbert "Pee Wee" Claybrook (By the entire Board) Hui-Shu Zhao Sponsor Supervisor Teng. Mr. Cheng (By the entire Board) File 2-96-10 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:29 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 April 1, 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