Board of Supervisors Minutes: March 25, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, March 25, 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 2:04 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 9. Noted absent at first roll call: Supervisors Alioto, Kennedy - 2. Quorum present. Supervisor Kennedy was noted present at 2:09 p.m. Presentation of Guests Supervisor Teng introduced and welcomed a delegation of women representatives of the Guangzhou Municipal People's Congress of the People's Republic of China. There being no objection, the privilege of the floor was granted to Chairperson Ms. Du Mei Xian who extended greetings from China and indicated the purpose of their visit is to strengthen friendship between the two countries. CONSENT CALENDAR Severed from Consent Calendar Supervisor Bierman requested that the following measure be severed from the Consent Calendar and considered separately. Recommendation of Government Efficiency and Labor Committee Adopted [Gift Acceptance, Police Department] Resolution authorizing the Chief of Police to accept, on behalf of the Police Department, a redistribution gift of four utility vehicles from the U.S. Department of Defense. (Police Commission) File 38-96-5, Resolution No. 268-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 9. Noes: Supervisor Bierman - 1. Absent: Supervisor Alioto - 1. The Board resumed its consideration of the following items on the Consent Calendar. Consent Calendar Recommendations of Budget Committee Finally Passed [Appropriation, Board of Supervisors] Ordinance appropriating $169,000, Board of Supervisors, from Board Reserve to purchase equipment necessary to provide gavel to gavel coverage of Board meetings for fiscal year 1995-96. (Controller) File 101-95-23, Ordinance No. 116-96 (Fiscal Impact.) Finally passed. [Appropriation, Police Department] Ordinance appropriating $317,095, Police Department, of Traffic Offender Fund Revenues to salaries, fringe benefits, contractual services, materials and supplies, equipment and services of other departments to conduct a traffic safety program for fiscal year 1995-96; providing for ratification of action previously taken and placing $35,000 on reserve. (Controller) File 101-95-33, Ordinance No. 117-96 (Fiscal Impact.) Finally passed. [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). (Mayor) File 101-95-43, Ordinance No. 118-96 (Fiscal Impact.) Finally passed. [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 the Rent Arbitration Board for fiscal year 1995-96. (Controller) File 101-95-59, Ordinance No. 119-96 (Fiscal Impact.) Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [Office of Affordable Housing Production Program] Ordinance amending Planning Code, extending the duration of the Office of Affordable Housing Production Program Ordinance, extending the expiration date of interim guidelines credits, allocating $100,000 from the Affordable Housing Fund to update and expand studies showing the relationship between office and other commercial development and housing demand, adding findings on the City's current housing needs and the validity of the formula for housing production requirements for new office development, and providing for an evaluation of the Ordinance. Sponsors Supervisors Migden, Bierman and Teng. File 115-95-16, Ordinance No. 120-96 (Adds Section 313.) (City Planning Resolution No. 14013, adopted November 16, 1995.) (General Rule Exclusion from Environmental Review.) Finally passed. [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 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) File 36-96-1, Ordinance No. 121-96 (City Planning Resolution No. 14048, adopted January 25, 1996.) (Exempt from Environmental Review, General Rule Exclusion.) Finally passed. [Oakdale Ave/Quint Street Affordable Housing Special Use District] Ordinance amending Planning Code, to create the Oakdale Avenue and Quint Street Affordable Housing Special Use District, and finding consistency with Planning Code Section 101.1. (Department of City Planning) File 115-96-3, Ordinance No. 122-96 (Adds Section 249.16.) (City Planning Resolution No. 14045, adopted January 25, 1996.) (Exempt from Environmental Review, General Rule Exclusion.) Finally passed. [Zoning Map Amendments, Oakdale Avenue/Quint Street] Ordinance adopting changes in property use districts reclassification as amendments to the Zoning Map of the City and County, 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) File 36-96-2, Ordinance No. 125-96 (City Planning Resolution No. 14045, adopted January 25, 1996.) (Exempt from Environmental Review under General Rule Exclusion.) Finally passed. [Tour Bus Restrictions] Ordinance amending Police Code, adding to the list of streets upon which a tour bus restriction shall apply; portions of Green Street (between Polk and Mason) and Vallejo Street (between Polk and Mason). Sponsors Supervisors Teng and Bierman. File 121-96-5, Ordinance No. 123-96 (Adds Sections 1183.27 and 1183.28.) Finally passed. [Commercial Vehicle Weight Restrictions] Ordinance amending Traffic Code, adding to the list of streets upon which a commercial vehicle weight restriction shall apply; portions of Green Street (between Polk and Mason) and Vallejo Street (between Polk and Mason). Sponsors Supervisors Teng, Bierman. File 124-96-3, Ordinance No. 124-96 (Adds Sections 28.5.49 and 28.5.50.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Pan Marine Constructors, Inc. v. CCSF, et al.] Ordinance authorizing settlement of litigation of Pan Marine Constructors, Inc. against the City and County by payment of $26,293.30. (City Attorney) File 45-96-15, Ordinance No. (Superior Court No. 961-083.) Passed for second reading. [Michael Lavella v. CCSF] Ordinance authorizing settlement of litigation of Michael Lavella against the City and County by payment of $25,000. (City Attorney) File 45-96-16, Ordinance No. (Superior Court No. 955-038.) Passed for second reading. Adopted [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) File 48-96-9, Resolution No. Adopted. [Grant - State Funds] Resolution authorizing the Chief Administrative Officer to accept and expend $7,500 from the Local Government Commission/California Integrated Waste Management Board for waste prevention educational materials. (Chief Administrative Officer) File 133-96-3, Resolution No. 275-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. REGULAR CALENDAR NEW BUSINESS Recommendation of Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $3,900,223, Fire Department, of 1986 Fire Protection Bond interest earnings for various capital improvement projects (repair Fireboat Phoenix, motorized AWSS control valve, AWSS storage tank, and AWSS facilities) for fiscal year 1995-96; placing $3,269,850 on reserve. (Controller) File 101-95-61, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Recommendations of Economic Vitality and Social Policy Committee Passed for Second Reading [Sick Leave/Vacation Benefits Transfer] Ordinance amending Administrative Code, 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. Sponsors Supervisors Kennedy, Alioto, Teng. File 97-96-8.1, Ordinance No. (Amends Section 16.9-29.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Adopted [1996-1997 Children's Services Plan] Resolution approving the Children's Services Plan (CSP) for the San Francisco Children's Fund in accordance with Charter Section 6.415. Sponsors Supervisors Kennedy, Teng. File 185-95-3, Resolution No. 256-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [MOU, Arbitrator's Award, Local 21] Ordinance adopting and implementing the provisions of an arbitrator's award interpreting the provisions of the Memorandum of Understanding regarding the compensation of 5273 Principal Architect; 5270 Senior Architect, 5268 Architect; 5266 Architectural Associate II; 5265 Architectural Associate I and 5274 Landscape Architect, between the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO and the City and County, to be effective retroactive to July 1, 1993 through June 30, 1997. (Department of Human Resources) File 93-96-1, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [Health Service Plans and Rates of Contribution] Ordinance amending Administrative Code, approving Health Service System Plans and Rates of Contribution as adopted by the Health Service Board. (Department of Human Resources) File 97-96-9, Ordinance No. (Amends Section 16.157.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Adopted [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) File 47-95-13.1, Resolution No. 255-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [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) File 25-96-2, Resolution No. 266-96 (Fiscal Impact.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [State Grant, Immunization Information System] Resolution authorizing retroactively, 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. Sponsors Supervisors Leal, Shelley, Alioto, Teng. File 146-96-5, Resolution No. 276-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Appointment of President Pro Tempore At the request of the President, Supervisor Migden assumed the Chair so the President could participate in the debate from the floor. Recommendations of Rules Committee Passed for Second Reading [Vehicle Alarms] Ordinance amending Police Code, to decrease the length of time (from 15 to 5 minutes) an audible vehicle alarm system may sound. Sponsors Supervisors Shelley, Alioto, Kaufman, Teng. File 121-94-10, Ordinance No. (Amends Section 3703.) Passed for second reading by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisors Kaufman, Teng requested to be added as co-sponsors. Adopted [Renaming Health Centers] Resolution renaming Health Centers #1, #3, #4 and #5 to the Castro-Mission Health Center, the Silver Avenue Family Health Center, the Chinatown Public Health Center and the Ocean-Park Health Center, respectively. Sponsors Supervisors Shelley, Alioto, Teng. File 30-96-5, Resolution No. 267-96 Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Adopted as Amended [Call-in Telephone System] Resolution declaring it to be a policy of the City and County that the capability for a call-in telephone system for Board meetings under the Public Comment item be developed and instructing the Clerk of the Board to oversee the implementation of a call-in telephone system. Sponsor Supervisor Shelley. File 54-96-2, Resolution No. 270-96 Supervisor Kennedy, seconded by Supervisor Teng, moved to amend title, line three, after "meetings" by inserting "under the Public Comment item"; amend page two, line 12, after "meetings" by inserting "under the Public Comment item". Motion to amend adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Adopted as amended by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. The President resumed the Chair. Adopted [Appointment, Airport Noise Committee] Resolution appointing member to the Airport Noise Committee, for new three-year term ending September 30, 1996. (Rules Committee) File 92-93-60.5, Resolution No. 252-96 (Catherine Murphy, Seat No. 20517, vice Mark Young, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [Appointment, Maternal, Child and Adolescent Health Board] Resolution appointing member to the Maternal, Child and Adolescent Health Board, for new three-year term ending August 31, 1998. (Rules Committee) File 92-94-27.6, Resolution No. 253-96 (Jeanine M. Bianco, Seat No. 22815, vice Sari J. Wade, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [Appointments, Advisory Council to Commission on the Aging] Resolution appointing members to the Advisory Council to the Commission on the Aging, terms expiring March 31, 1996, for new two-year terms ending March 31, 1998. (Rules Committee) File 92-96-1.1, Resolution No. 272-96 (Reeva Olson, Seat No. 20306, vice herself; John J. Horak, Seat No. 20302, vice himself; Florence Edelman, Seat No. 20303, vice herself; Lena M. Leong, Seat No. 20305, vice herself.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [Appointment, Developmental Disabilities Area Board V] Resolution appointing member to the Developmental Disabilities Area Board V, for a new three-year term ending December 31, 1998. (Rules Committee) File 92-96-8, Resolution No. 273-96 (Michael E. Grafton, Seat No. 21901 - public-at-large, vice Barbara Turner, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. [Appointment, National Service Blue Ribbon Commission] Resolution appointing member to the National Service Blue Ribbon Commission, for a new two year term ending June 30, 1997. (Rules Committee) File 92-96-14, Resolution No. 274-96 (Julie Tremont, Seat No. 20410, vice Gabriela Melano, term expired.) Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Conference with Labor Negotiator - Collective Bargaining Adopted Motion that the Board of Supervisors convene in closed session with Wendell Pryor, Director of Human Resources; George Riley, Mayor's representative and Geoff Rothman, Employee Relations Director, for the purpose of reviewing the City's position and instructing its designated representatives concerning the Trades and Crafts Coalition, miscellaneous employees as well as other labor relation issues, as authorized by California Government Code Section 54957.6. Motion adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Migden, Shelley, Teng, Yaki - 10. Absent: Supervisor Alioto - 1. Recess The Board recessed at the hour of 2:37 p.m. to convene in closed session pursuant to above motion. Reconvening of the Board The Board, at the hour of 2:48 p.m. reconvened. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with Wendell Pryor, Director of Human Resources, for the purpose of reviewing the City's position and instructing its designated representatives concerning the Trades and Crafts Coalition, miscellaneous employees as well as other labor relation issues, as authorized by California Government Code Section 54957.6. The meeting was informational only and no action was taken. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations in pending employee relations negotiations. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisors Alioto, Migden - 2. Farewell to Supervisor Migden The Supervisors congratulated and expressed good wishes to Supervisor Migden on her election to the California State Assembly. On behalf of the Board of Supervisors, President Shelley presented Supervisor Migden with a Certificate of Honor and a plaque commemorating her years of service as a San Francisco Supervisor. Supervisor Migden thanked the Board and conveyed personal, eloquent remarks to each individual Supervisor. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Leboriae P. Smoore, police brutality, election slates; female speaker, injury issue; Howard Wallace, supports Vencor/Hillhaven resolution; Arlene Cooper, supports Vencor/Hillhaven resolution; Maria Griffith, supports Vencor/Hillhaven resolution; Al Rose, youth issues, supports new ballpark; Roland Lai, supports protest against FBI recruitment; Linh T. Tran, supports protest against FBI recruitment; Al Hearst, eminent domain issue; Carol, supports protest against FBI recruitment. 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 [Lobos Creek Moratorium Rescission] Resolution rescinding Board of Supervisors' Resolution No. 48-96 concerning interim zoning controls that imposed the Lobos Creek Conservation District moratorium extension. Sponsor Supervisor Shelley. File 111-94-1.4, Resolution No. 254-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. [National Gun Violence Prevention Week] Resolution proclaiming March 31, 1996 through April 4, 1996 "National Gun Violence Prevention Week" in San Francisco. Sponsors Supervisors Shelley, Alioto, Kaufman, Leal, Teng, Yaki, Bierman, Kennedy. File 4-96-6, Resolution No. 258-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Teng, Yaki, Bierman, Kennedy requested to be added as co-sponsors. [Commend Carole Migden] Resolution commending Honorable Carole Migden for her service on the Board of Supervisors and for her service to the people of the City and County of San Francisco. Sponsors Supervisors Shelley, Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Teng, Yaki. File 6-96-35, Resolution No. 233-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. [Commend Richard Avanzino] Resolution commending Mr. Richard Avanzino on the occasion of his 20th anniversary as President of the San Francisco Society for the Prevention of Cruelty to Animals and for his visionary and innovative approach for the care of animals; and urging his Honor, the Mayor, to award Mr. Avanzino with the St. Francis of Assisi Award for his many contributions to the City and County. Sponsors Supervisors Alioto, Kaufman, Migden, Ammiano, Yaki, Bierman, Shelley, Leal, Teng, Kennedy. File 6-96-36, Resolution No. 259-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Shelley, Leal, Teng, Kennedy requested to be added as co-sponsors. [Kids Voting USA] Resolution commending Kids Voting USA for developing a future generation of voters who will regard voting as vital to American life. Sponsors Supervisors Alioto, Bierman, Shelley, Kaufman, Leal, Teng, Yaki, Kennedy. File 6-96-37, Resolution No. 260-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Shelley, Kaufman, Leal, Teng, Yaki, Kennedy requested to be added as co-sponsors. [State Legislation, AB 638, SB 2136, SB 1900] Resolution opposing AB 638, SB 2136 and SB 1900 relating to concealed weapons. Sponsors Supervisors Shelley, Alioto, Kaufman, Leal, Yaki, Bierman, Kennedy. File 12-96-13, Resolution No. 262-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Yaki, Bierman, Kennedy requested to be added as co-sponsors. [FBI Vietnamese-American Recruitment Project] Resolution communicating serious concerns to the Federal Bureau of Investigation (FBI) regarding their project recruiting Vietnamese-American emigres to report on "spies" in their community and supporting the Southeast Asian Community Center's protest against this project. Sponsors Supervisors Yaki, Ammiano, Leal, Teng, Bierman, Kennedy. File 13-96-10, Resolution No. 263-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Leal, Teng, Bierman, Kennedy requested to be added as co-sponsors. [Relocation of SSA's Region IX Offices] Resolution urging the Social Security Administration to reconsider the proposal to relocate the SSA's Region IX offices from San Francisco to the Western Program Services in Richmond, California. Sponsors Supervisors Yaki, Shelley, Kaufman, Leal, Bierman, Kennedy. File 13-96-11, Resolution No. 264-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Bierman, Kennedy requested to be added as co-sponsors. [Immigrants' Rights] Resolution urging support for the efforts throughout California and across the nation to defend the rights of immigrants. Sponsors Supervisors Ammiano, Alioto, Kaufman, Leal, Teng, Yaki, Bierman, Kennedy. File 13-96-12, Resolution No. 265-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Teng, Yaki, Bierman, Kennedy requested to be added as co-sponsors. [Election, Proposition 203, Education Bond] Resolution supporting Proposition 203, Education Bond, on the March 26, 1996 statewide ballot. Sponsors Supervisors Teng, Kaufman, Ammiano, Shelley, Alioto, Yaki, Bierman, Yaki, Bierman. File 60-96-4, Resolution No. 271-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman requested to be added as co-sponsors. [Vencor/Hillhaven Labor Dispute] Resolution calling upon Vencor (Hillhaven) to resolve their labor dispute in a manner that is consistent with the highest quality patient care and harmonious labor relations and to employ adequate staff to ensure prompt care and provide proper training; and urging the Mayor to urge the Health Services Commission to notify plan holders of any contracts for skilled nursing facilities providing "subacute" services and providing a choice of alternative nursing homes upon request; and forwarding a copy of this resolution to San Francisco's State Legislators. Sponsors Supervisors Shelley, Alioto, Ammiano, Bierman, Migden, Yaki, Teng, Hsieh, Kaufman, Leal, Kennedy. File 176-96-2, Resolution No. 277-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Kennedy requested to be added as co-sponsors. [Lobos Creek Protection, City Agencies] Resolution urging the Mayor to urge City agencies, commissions and departments to adopt and implement construction management practices to protect Lobos Creek from potential adverse impacts of governmental activities and construction work within the vicinity of Lobos Creek. Sponsors Supervisors Shelley, Bierman, Kennedy. File 233-96-2, Resolution No. 278-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Kennedy requested to be added as co-sponsors. [Lobos Creek Protection, National Park Service] Resolution requesting the National Park Service to adopt and implement construction management practices to protect Lobos Creek from potential adverse impacts of governmental activities and construction work within the Presidio in the vicinity of Lobos Creek and requesting the Clerk of the Board of Supervisors to transmit a copy of this resolution to the appropriate federal officials. Sponsors Supervisors Shelley, Yaki, Bierman, Kennedy. File 233-96-3, Resolution No. 279-96 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman, Kennedy requested to be added as co-sponsors. [Local Emergency, Needle Exchange Program] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Migden, Teng, Hsieh, Ammiano, Yaki. File 30-96-1.5 (March 18, 1996 - Introduced in Board for consideration on March 25, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh, Kennedy - 3. 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 1-96-13, Resolution No. 257-96 (Tom Hsieh, member, Board of Supervisors, April 8 - 9; John E. Newlin, Executive Director, Department of Parking & Traffic, April 15 - 19 and April 25 - 30, l996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh, Kennedy - 3. 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 Yaki, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh, Kennedy - 3. [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 Yaki, seconded by Supervisor Leal, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh, Kennedy - 3. [Imperative Resolution] Adopted [Commend Cesar Chavez] Resolution commending the Cesar Chavez Elementary School Community and muralists for creating the "Si Se Puede" mural honoring Cesar Chavez and proclaiming March 31, 1996 "Cesar Chavez Day". File 006-96-038, Resolution No. 261-96 Supervisors Leal, Ammiano, Teng, Bierman, Yaki, Shelley, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Leal, Migden, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh, Kennedy - 3. Committee Assignment The President changed the membership of the Rules Committee effective only for Tuesday, March 19, 1996 as follows: Kevin Shelley, Chair; Tom Ammiano, Vice-Chair; Carole Migden, member. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Public Notices, English, Chinese, Spanish] Draft Ordinance amending Administrative Code by adding Section 67.7-1 requiring public notices mailed to residents by the City Planning Department, Department of Parking and Traffic or Department of Public Works be printed in English, Chinese and Spanish. Supervisors Teng, Kaufman, Leal, Hsieh, Bierman, Yaki, Kennedy, Ammiano, Alioto presented. Referred to Government Efficiency/Labor Committee. File 097-96-014. [Gun Control] Ordinance amending Police Code by amending Sections 613.1 and 613.10 relating to the sale, lease or other transfer of firearms, firearm ammunition or firearm ammunition components. Supervisors Shelley, Bierman presented. Referred to Rules Committee. File 121-96-006. Referred to Board [Proclaim Sister Kathleen Healy Day] Resolution proclaiming April 26, 1996 "Sister Kathleen Healy" Day in San Francisco. Supervisors Shelley, Teng, Kennedy, Bierman, Ammiano, Kaufman, Migden, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 004-96-007. [Commend Greater Geary Blvd Merchants Association] Resolution commending the Greater Geary Boulevard Merchants Association on its Fiftieth Anniversary. Supervisors Kaufman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 006-96-039. [Proclaim Community Development Block Grant Week] Resolution commending the Community Development Block Grant (CDBG) Program by designating April 1 - April 7, 1996 National Community Development Week. Supervisors Shelley, Yaki, Teng, Hsieh, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 006-96-040. [Commend Fred Lau/Asian Peace Officers Assn] Resolution commending Fred Lau and the San Francisco Asian Peace Officers Association on the occasion of their testimonial dinner on April 6, 1996. Supervisors Teng, Hsieh, Yaki, Shelley, Bierman, Ammiano, Kennedy, Leal, Kaufman, Migden, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 006-96-041. [State Legislation, SB 1896, Fee Exemption] Resolution urging the members of the State Senate Housing and Land Use Committee and San Francisco's State Senators to oppose Senate Bill 1896 relating to local fee exemptions in connection with placement of telecommunication facilities. Supervisors Bierman, Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 012-96-014. [Semiautomatic Assault Weapons Ban] Resolution opposing action by the U.S. House of Representatives to overturn the federal ban on semiautomatic assault weapons and urging the United States Senate and President Clinton to oppose all such legislation. Supervisors Kaufman, Shelley, Alioto. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 013-96-013. [Appointment] Resolution appointing Supervisor Susan Leal as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 092-96-020. [Cultural Tourism Initiative] Resolution endorsing the Cultural Tourism Initiative proposed to be undertaken by the San Francisco Art Commission in collaboration with the Convention and Visitors Bureau, Grants for the Arts and corresponding agencies in Los Angeles and San Diego. Supervisors Leal, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 197-96-001. [Police Helicopter Citizens Task Force] Resolution urging the Police Commission to appoint a citizens task force to monitor and evaluate use of police helicopters. Supervisors Ammiano, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 207-96-005. [Police Helicopter Protocols] Resolution urging the Police Commission to develop appropriate use protocols for the new San Francisco Police Department helicopters. Supervisors Yaki, Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar April 1, 1996. File 207-96-006. Motions: Referred to Committee [Audit, Medical Examiner-Coroner's Office] Motion urging the Budget Analyst to give priority to conducting a comprehensive audit of the Medical Examiner-Coroner's Office upon completion of audits currently underway. Supervisor Ammiano presented. Referred to Rules Committee. File 165-96-002. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 046-96-005. [CCSF v. Ilitovich, et al.] Ordinance authorizing settlement of the litigation of City and County of San Francisco v. Eugenie S. Ilitovich, et al., in the amount of Seventy Three Thousand Dollars ($73,000). (Superior Court No. 968-593). (City Attorney) Referred to Government Efficiency/Labor Committee. File 052-96-002. [Underground District No. 322, Alpine Terrace] Ordinance creating Underground District No. 322 in the Alpine Terrace/Museum Way District; companion measure to File 52-96-2.1 (Department of Public Works) Referred to Housing and Land Use Committee. File 101-95-065. [Appropriation, Department of Human Resources] Substitute ordinance appropriating $485,500, Department of Human Resources, from the General Fund Reserve for salaries, fringe benefits, professional services and services of other departments for the creation of four (4) positions to provide the department with additional support for labor negotiations for fiscal year 1995-96; companion measure to File 102-95-16. RO #95172. (Controller) Referred to Budget Committee. File 101-95-069. [Appropriation, Superior Court] Ordinance appropriating $2,900,000, Superior Court, of Court Special Revenue Fund to a capital improvement project for Civic Center courthouse construction for the Trial Courts for fiscal year 1995-96. RO #95179. (Controller) Referred to Budget Committee. File 101-95-070. [Appropriation, Department of Social Services] Ordinance appropriating and rescinding $319,895, Department of Social Services, for personal services, materials and supplies and equipment for automation projects for fiscal year 1995-96. RO #95181. (Controller) Referred to Budget Committee. File 101-95-071. [Appropriation, Department of Public Works] Ordinance appropriating $63,590,000, Department of Public Works, of 1996A City Hall Improvement Bond Fund proceeds for design and construction of non-seismic improvements at City Hall, for bond issuance costs for the offices of the Chief Administrative Officer, Controller and the City Attorney and for repayment of the General Fund advance for fiscal year 1995-96. RO #95182. (Controller) Referred to Budget Committee. File 102-95-016. [Salary Ordinance Amendment, DHR] Substitute ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) Department of Human Resources, reflecting the creation of four (4) positions (Classifications 1242 Personnel Analyst (1), 1818 MIS Specialist II (1), 1823 Senior Administrative Analyst (1), 1203 Personnel Technician (1)); companion measure to File 101-95-65. (Department of Human Resources) Referred to Budget Committee. Resolutions Referred to Committee File 025-96-003. [Prop J Contract, Parking Management Services] Resolution approving the Controller's certification that parking management services for San Francisco International Airport can practically be performed by private contractor at a lower cost for the year commencing July 1, 1996 than if work were performed by City employees at budgeted levels. (Airport) Referred to Government Efficiency/Labor Committee. File 025-96-004. [Prop J Contract, Security Guard Services] Resolution concurring with the Controller's determination that security guard services can practically be performed at the Bureaus of Engineering and Construction Management offices at 1680 Mission Street by private contractor for a lower cost than if the services were performed by City employees. (Department of Public Works) Referred to Government Efficiency/Labor Committee. File 030-95-011.01. [Patient Day Rates] Resolution amending Resolution No. 620-95 which fixes patient day rates for services furnished by City and County health care institutions, to include patient day rates for targeted case management at San Francisco General Hospital and community public health services clinics (effective July 1, 1995), and for other skilled nursing services at San Francisco General Hospital (effective January 1, 1996). (Department of Public Health) Referred to Budget Committee. File 033-96-003. [Appointment, Federal Legislative Representative] Resolution ratifying the Mayor's appointment of Cassidy and Associates, as a federal legislative representative for the City and County of San Francisco. (Mayor) Referred to Rules Committee with request it be considered at the Special Meeting of April 1, 1996 at 1:30 p.m. File 052-96-002.01. [Lighting Assessment District, Alpine Terrace] Resolution determining to undertake proceedings to form an assessment district to Article 4 of Chapter 1 of the Landscaping Act of 1972, as adopted by Article 6.1, Subarticle VIII, Chapter X, Part II of the San Francisco Municipal Code (Public Works Code) for the purposes of installing street lighting in Alpine Terrace/Museum Way District; companion measure to File 52-96-2. (Department of Public Works) Referred to Housing and Land Use Committee. File 172-96-005. [CCSF - Mission Clay Products Agreement] Resolution approving the agreement between the City and County of San Francisco and Mission Clay Products, a division of MCP Industries, Inc. (Public Utilities 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 City Attorney prepare ordinance to establish policy of informing neighborhoods of mental health and substance abuse services being offered and to accommodate neighborhood concerns to the extent possible and to repeal Administrative Code Section 15.7, site approval for mental health and substance abuse programs. By Supervisor Kennedy, that letter of inquiry be sent to Executive Administrator, Laguna Honda Hospital, through the Director of Public Health, to determine the feasibility of hiring more nurses and nursing assistants. By Supervisors Kennedy, Bierman, that City Attorney review the legality of creating an ordinance which would exercise regulatory powers over businesses operating in San Francisco as franchises and otherwise so that the business license can be revoked whenever an establishment "red lines" certain neighborhoods or areas by refusing to provide service. By Supervisors Kennedy, Bierman, that letters be sent to Golden Gate National Recreation Area, Congresswoman Nancy Pelosi, Senator Dianne Feinstein requesting that steps be taken to stop the demolition of housing in the Presidio. By Supervisor Kennedy, that City Attorney prepare ordinance to effect the actions approved by Board of Supervisors Resolution No. 144-96 concerning lien at Booker T. Washington Community Service Center, 800 Presidio Avenue. By Supervisor Kennedy, that City Attorney prepare resolution which would establish a sister city relationship with Capetown, South Africa. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Christine Bell Sponsor Supervisor Kennedy. Edith Callahan Sponsor Supervisor Kennedy. Alphonzo English, Jr. Sponsor Supervisor Kennedy. Foster Lomar Sponsor Supervisor Kennedy. Larry Purdom Sponsor Supervisor Kennedy. Betty Buelteman (By the Full Board) Perry Watkins Sponsors Supervisors Ammiano, Migden, Leal. Tom Bean Sponsors Supervisors Ammiano, Teng, Shelley, Kennedy. File 2-96-13 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:23 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 15, 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