Board of Supervisors Minutes: April 1, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, April 1, 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. CALLING THE ROLL In the absence of President Kevin Shelley, the meeting was called to order at 2:03 p.m. by the Clerk. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Noted absent at first roll call: Supervisors Shelley, Teng - 2. Quorum present. Supervisor Shelley excused. (See infra.) Supervisor Teng excused, on official leave of absence. Election of President Pro Tempore Following roll call of attendance by the Clerk, Supervisor Kennedy, seconded by Supervisor Leal, moved that Supervisor Alioto be appointed President Pro Tempore. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Supervisor Shelley Excused The Clerk stated Supervisor Shelley requested to be excused from attending today's meeting because of illness. Supervisor Kennedy, seconded by Supervisor Yaki, moved to excuse Supervisor Shelley. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Kennedy, seconded by Supervisor Leal, moved that the Journals of Proceedings for Monday, March 4 and Monday, March 11, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. COMMUNICATION The Clerk presented the following communication: March 27, 1996 Mr. John L. Taylor Clerk of the Board Board of Supervisors 401 Van Ness Ave., Room 308 San Francisco, CA 94102 Subject: Resignation Dear Mr. Taylor: As I am slated to join the California State Assembly on March 28, 1996, I hereby resign from the office of member of the Board of Supervisors of the City and County of San Francisco effective on my swearing in and taking office. I also hereby resign from the position I hold on the Board of Directors of the Golden Gate Bridge, Highway and Transportation District, and my position as Commissioner of the San Francisco County Transportation Authority. This resignation is sent to you in accordance with the provisions of California Government Code Section 1750. I have enjoyed working with my colleagues on the Board and with you and your staff. I am sure that we will continue to work together in the future. Sincerely, Carole Migden cc: Hon. Willie L. Brown, Jr. Hon. Kevin Shelley Golden Gate Bridge District San Francisco County Transportation Authority CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 127-96 Finally passed. Passed for Second Reading [Appropriation, Airport] Ordinance appropriating $81,065,500, Airport, of 1992 Airport Revenue Bond proceeds for capital improvements and professional services to allow the Airport to implement the Master Plan Mitigation Noise Insulation Program for fiscal year 1995-96. (Controller) File 101-95-67, Ordinance No. Passed for second reading. [Appropriation, Department of Public Health] Ordinance appropriating $20,000,000 to allow San Francisco General Hospital to participate in the SB 1255 Disproportionate Share Payment Program through the California Medical Assistance Commission during fiscal year 1995-96. Funded from miscellaneous Health Department revenues. Sponsors Supervisors Hsieh, Alioto. File 101-95-68, Ordinance No. Passed for second reading. Recommendation of Economic Vitality and Social Policy Committee Finally Passed [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. 131-96 (Amends Section 16.9-29.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 128-96 (Superior Court No. 961-083.) Finally passed. [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. 129-96 (Superior Court No. 955-038.) Finally passed. [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. 130-96 (Fiscal Impact.) Finally passed. Passed for Second Reading [Airport North Terminal Concession Lease] Ordinance approving the "North Terminal California Products Shop Lease" between Marilla Chocolate Company Inc. and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-96-4, Ordinance No. Passed for second reading. [Morales v. CCSF] Ordinance authorizing settlement of litigation of Epitacia Morales against the City and County by payment of $40,000. (City Attorney) File 45-96-17, Ordinance No. (Superior Court No. 966-482) Passed for second reading. [CCSF v. Ilitovich, et al] Ordinance authorizing settlement of the litigation of City and County v. Eugenie S. Ilitovich, et al., in the amount of Seventy Three Thousand Dollars ($73,000). (City Attorney) File 46-96-5, Ordinance No. (Superior Court No. 968-593) Passed for second reading. Adopted [Settlement of Claim, Gary and Anita Godwin] Resolution approving the settlement of the unlitigated claim of Gary and Anita Godwin by payment of $12,500. (City Attorney) File 48-96-10, Resolution No. 290-96 Adopted. [SDI Coverage, 1364 Special Assistant V] Resolution authorizing enrollment of classification 1364 Special Assistant V into the State Disability Insurance Program. (Department of Human Resources) File 89-96-1, Resolution No. 291-96 Adopted. [SDI Coverage, 1362 Special Assistant III] Resolution authorizing enrollment of classification 1362 Special Assistant III into the State Disability Insurance Program. (Department of Human Resources) File 89-96-2, Resolution No. 292-96 Adopted. Recommendations of Housing and Land Use Committee Adopted [Residential Parking Area "I", Bartlett Street] Resolution extending the boundaries of Residential Permit Parking Area "I" in the Bartlett Street Area and adding Shotwell Street, between Twenty-Third and Twenty-Fourth Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-7, Resolution No. 288-96 Adopted. [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 Hyde Street, between Post and Sutter Streets, both sides, to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) File 40-96-8, Resolution No. 289-96 Adopted. Recommendation of Rules Committee Finally Passed [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. 126-96 (Amends Section 3703.) Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Government Efficiency and Labor Committee Consideration Continued [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.) Supervisor Kennedy, seconded by Supervisor Leal, moved to continue consideration to April 4, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. NEW BUSINESS COMMITTEE REPORT Recommendation of Rules Committee Adopted [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) File 33-96-3, Resolution No. 287-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Recommendations of Budget Committee Passed for Second Reading [Appropriation, Tax Collector/Treasurer/Assessor] Ordinance appropriating $571,428, Tax Collector/Treasurer and Assessor, from the General Fund Reserve for salaries and mandatory fringe benefits to implement an Arbitrator's Award increasing rates of pay of Real Property Auditors and Appraisers retroactive to July 1994 for fiscal year 1995-96. (Controller) File 101-95-66, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. [Reward Authorization] Ordinance authorizing payment of reward to Doe One for supplying information leading to the arrest and conviction of the perpetrator who murdered Justine Jones, "The Haight Street Good Samaritan" on March 27, 1994. (Mayor) File 155-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Amendment to MOU, Staff and Per Diem Nurses] Ordinance amending Ordinance No. 178-95 to implement the terms of an amendment to the Memorandum of Understanding between the Service Employees International Union, Local 790, AFL-CIO and the City and County for Staff Nurse and Per Diem Nurses extending the duration of the Memorandum of Understanding through June 30, 1997. (Department of Human Resources) File 93-95-1.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. [Airport Lease Modification, Delta Airlines, Inc.] Ordinance approving, retroactively, Modification No. 5 of Lease and Use Agreement between Delta Airlines, Inc. and the City and County, acting by and through its Airports Commission. (Airports Commission) File 27-96-5, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. [Friends of the Library Agreement, Lease, MOU] Ordinance approving a Memorandum of Understanding between the Public Library and the Friends of the Public Library for use of space in the new main library building for the performance of library-related services, generation of revenues for Library Department purposes, and assurance of private funds to provide support on an ongoing basis for the Public Library System; and authorizing and approving certain agreements directly with such non-profit corporation as contemplated by such MOU, including a lease of office space and a lease of gift store space. Sponsors Supervisors Kaufman, Migden, Alioto, Ammiano, Teng, Yaki. File 65-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. [City Seal Authorization, Affinity Programs] Ordinance amending Administrative Code, authorizing the Clerk of the Board, upon recommendation of the Chief Administrative Officer to approve the use of the City Seal on the face of San Francisco Affinity credit cards and San Francisco Affinity pre-paid phone cards promoting the City and allowing San Francisco Affinity credit and pre-paid phone cards inscribed with the City Seal to be offered for sale. Sponsors Supervisors Migden, Bierman, Teng, Alioto. File 97-96-12, Ordinance No. (Adds Section 1.6-B.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Adopted [Alcoholic Beverage Control Grant Program] Resolution authorizing the Chief of Police, to retroactively apply for, accept, and expend funds in the amount of One Hundred Thousand Dollars ($100,000.00) for a project known as the "Alcoholic Beverage Control Grant Program"; waiving indirect costs. (Police Commission) File 143-96-1, Resolution No. 294-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Appointment of President Pro Tempore At the request of President Pro Tempore Alioto, Supervisor Kaufman assumed the Chair so the President can participate in the discussion. Adopted as Amended [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; placing $129,740 on reserve; conditions. Sponsors Supervisors Leal, Alioto. File 146-96-6, Resolution No. 295-96 Supervisor Yaki, seconded by Supervisor Leal, moved to amend page two, line four, after "Committee" by adding "; and, be it Further Resolved, That the following conditions are imposed: 1. The Director of Public Health must reserve an additional 15% of the augmentation funds for possible expansion of treatment services pending a decision of the Department of Health and Human Services (DHHS) on our waiver request; 2. The Director of Public Health make best efforts at obtaining a "special needs" waiver from the DHHS to increase that portion of the Target Cities grant available for direct treatment services; 3. The Mayor is urged to direct our federal lobbyists, Cassidy and Associates, to make obtaining the waiver an early legislative priority and that this effort be coordinated with the Office of Representative Nancy Pelosi.". Title amended accordingly on page one, line 11, after "reserve" by inserting "; conditions". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. The President resumed the Chair. Adopted [Paratransit Broker Contract Amendment] Resolution approving amendment to Paratransit Broker Agreement with Cerenio Management Group. Sponsors Supervisors Ammiano, Teng, Yaki. File 172-96-4, Resolution No. 296-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. [Grants, Municipal Railway and Port Projects] Resolution authorizing the Public Transportation Commission to retroactively apply for, accept and expend $71,488,041 of Federal Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Section 3, and Section 9 operating and capital assistance, and $679,000 of State Transit Capital Improvement Funds, State Traffic Systems Management Funds, State-Local Partnership Program and $6,947,400 from various local match sources such as from State Transit Assistance Funds, Transportation Development Act Funds, Bridge Toll Net Revenues, Regional Measure One Funds, Gas Tax Revenues, Transit Impact Development Fees, San Francisco Municipal Railway Improvement Corporation Funds, and/or San Francisco County Transportation Sales Taxes for twelve Municipal Railway projects, and one Port of San Francisco project including $2,115,602 of administrative overhead; placing $73,345,000 on reserve. (Public Transportation Commission) File 213-96-3, Resolution No. 300-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Recommendations of Housing and Land Use Committee Passed for Second Reading [Mission Bay Nonconforming Uses Text Amendment] Ordinance amending Planning Code, 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) File 115-96-4, Ordinance No. (Amend Section 983(e)(3).) (City Planning Resolution No. 14050, adopted 2/1/96). (Exempt from Environmental Review, General Rule Exclusion). Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Consideration Continued [Encroachment Permit, Perry/Third Streets] Resolution granting revocable permission to Nibbi Brothers, general contractors, to temporarily close and occupy the northerly sidewalk and a portion of the street area on Perry Street, 237.50 feet easterly of Third Street, during construction operations at 401-433 Third Street (Block 3763, Lots 82, 83, 85, 86, 89, 90, 91, 114, 115). (Department of Public Works) File 10-96-1, Resolution No. Supervisor Bierman, seconded by Supervisor Kennedy, moved to continue consideration to April 8, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Adopted [Liquor License Transfer, 401-A Judah Street] Resolution determining that the transfer of a Type-21 off-sale general alcohol beverage control license for Alan Chan from 501 Post Street, Suite 1500 to 401-A Judah Street, will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-8, Resolution No. 301-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Yaki - 7. Noes: Supervisor Kennedy - 1. Absent: Supervisors Shelley, Teng - 2. [Liquor License Transfer, 601 Indiana Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 548 Seventh Street to 601 Indiana Street, to Stella Wong for Y & C Enterprises, Inc. will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-9, Resolution No. 302-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Yaki - 7. Noes: Supervisor Kennedy - 1. Absent: Supervisors Shelley, Teng - 2. Refused Adoption; Rescinded; Consideration Continued [Liquor License, 1745 Folsom Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine license to Jennifer Kitchen for Rainbow Grocery located at 1745 Folsom Street, will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-10, Resolution No. Refused adoption by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Alioto - 5. Noes: Supervisors Kennedy, Leal, Yaki - 3. Absent: Supervisors Shelley, Teng - 2. Supervisor Hsieh, seconded by Supervisor Kaufman, moved to rescind the previous vote: Motion to rescind the vote adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Yaki - 7. Noes: Supervisor Kennedy - 1. Absent: Supervisors Shelley, Teng - 2. Supervisor Bierman, seconded by Supervisor Kaufman, moved to continue consideration to April 8, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 7. Noes: Supervisor Ammiano - 1. Absent: Supervisors Shelley, Teng - 2. Adopted [Appeal, Minor Encroachment, 375 Rhode Island Street] Motion upholding the appeal of a decision by the Director of Public Works, which denied the issuance of a minor sidewalk encroachment permit to legalize the construction of an existing fence, at 375 Rhode Island Street, which fence encroaches into the public right-of-way fronting the subject property, and granting the issuance of the minor encroachment permit for the property at 375 Rhode Island Street, which will legalize the construction of an existing fence at the subject property, conditioned upon the City being able to rescind the permit at the time of any development to adjacent property. (Housing and Land Use Committee) File 24-96-1 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 59456.9. Sponsors Supervisors Ammiano, Alioto. File 32-96-1 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. Recess The Board recessed at the hour of 3:07 p.m. to convene in closed session. Reconvening of the Board The Board at the hour of 3:39 reconvened. Quorum present. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 59456.9(c). The meeting was informational only and no action was taken by the Board. 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. Supervisor Kennedy, seconded by Supervisor Kaufman, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Tom Mangold, Columbia Hotel building unsafe; Louise Vaughn, Geneva Towers; Connie Kuruppv, police brutality, Aaron Williams; Joe Braverman. 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 Kaufman requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Appointment] Resolution appointing Supervisor Susan Leal as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. Sponsor Supervisor Kennedy. File 92-96-20, Resolution No. 293-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Supervisor Leal Excused from Voting On advice of the City Attorney, Supervisor Leal requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Kennedy, seconded by Supervisor Leal, moved to excuse Supervisor Leal from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 8. Absent: Supervisors Shelley, Teng - 2. The roll was then called on the pending legislation and it was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Yaki - 7. Excused: Supervisor Leal - 1. Absent: Supervisors Shelley, Teng - 2. In connection with the above item, Supervisor Kennedy requested to be added as sponsor. 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 [Proclaim Sister Kathleen Healy Day] Resolution proclaiming April 26, 1996 "Sister Kathleen Healy" Day in San Francisco. Sponsors Supervisors Shelley, Teng, Kennedy, Bierman, Ammiano, Kaufman, Migden, Alioto, Leal, Yaki. File 4-96-7, Resolution No. 281-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki requested to be added as co-sponsors. [Commend Greater Geary Blvd Merchants Association] Resolution commending the Greater Geary Boulevard Merchants Association on its Fiftieth Anniversary. Sponsors Supervisors Kaufman, Shelley, Kennedy, Bierman, Leal, Yaki. File 6-96-39, Resolution No. 282-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Bierman, Leal, Yaki requested to be added as co-sponsors. [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. Sponsors Supervisors Shelley, Yaki, Teng, Hsieh, Alioto, Bierman, Leal. File 6-96-40, Resolution No. 283-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Leal requested to be added as co-sponsors. [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. Sponsors Supervisors Teng, Hsieh, Yaki, Shelley, Bierman, Ammiano, Kennedy, Leal, Kaufman, Migden, Alioto. File 6-96-41, Resolution No. 284-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. [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. Sponsors Supervisors Bierman, Ammiano, Alioto, Kennedy. File 12-96-14, Resolution No. 285-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. [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. Sponsors Supervisors Kaufman, Shelley, Alioto, Kennedy, Bierman, Leal, Yaki. File 13-96-13, Resolution No. 286-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Bierman, Leal, Yaki requested to be added as co-sponsors. [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. Sponsors Supervisors Leal, Alioto, Bierman, Yaki. File 197-96-1, Resolution No. 297-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Yaki requested to be added as co-sponsors. [Police Helicopter Citizens Task Force] Resolution urging the Police Commission to appoint a citizens task force to monitor and evaluate use of police helicopters. Sponsors Supervisors Ammiano, Yaki, Leal. File 207-96-5, Resolution No. 298-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [Police Helicopter Protocols] Resolution urging the Police Commission to develop appropriate use protocols for the new San Francisco Police Department helicopters. Sponsors Supervisors Yaki, Ammiano, Leal. File 207-96-6, Resolution No. 299-96 (March 25, 1996 - Introduced in Board for introduction on April 1, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 7. Absent: Supervisors Ammiano, Shelley, Teng - 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 1-96-14, Resolution No. 280-96 (Susan Leal, member, Board of Supervisors, April 2 - 4; Philip Adams, Director, Department of Public Transportation, March 27, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Yaki - 7. Absent: Supervisors Ammiano, Shelley, Teng - 3. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Review of Murals on Landmark Structures] Substitute ordinance amending City Planning Code Sections 1005, 1006, 1006.6 and 1006.7 to require review of murals on landmarks or in a historic district. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 115-95-003.01. [Historic Property Restoration] Substitute ordinance amending Administrative Code by adding Sections 71.1 through 71.6 to implement California Mills Act, California Government Code Sections 50280 et seq., allowing owners of qualified historic properties to contract with the City to rehabilitate, restore and preserve properties and to procure property tax reductions pursuant to individual Mills Act contracts and authorizing fee to pay for costs of entering Mills Act Contract and administering program. Supervisors Bierman, Alioto presented. Referred to Housing and Land Use Committee. File 097-95-056. [Myanmar, Burma] Substitute ordinance amending Administrative Code by adding Chapter 12J, Sections 12J.1 through 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 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. [Public Notices, Plain] Ordinance amending Administrative Code Section 67.7 to require that items on agendas of meetings of policy bodies of the City and County of San Francisco should be written in plain English and by adding Section 67.7-1 to require that public notices mailed by City departments, boards, agencies and commissions to residents be written in plain English and advise the public how they may submit written comments to City officials regarding the subject of public meetings and hearings. Supervisors Kaufman, Teng, Bierman presented. Referred to Government Efficiency/Labor Committee. File 097-96-014.01. [Transient Occupancy (Hotel) Tax Increase] Ordinance amending Part III, Municipal Code, by adding Section 502.6-1 to increase the current total transient occupancy surcharge by two percent and by adding Section 502.8-1 to impose an additional two percent transient occupancy surcharge in certain redevelopment project areas, both sections to be effective July 1, 1996. Supervisor Ammiano presented. Referred to Budget Committee. File 127-96-003. Referred to Board [Sexual Assault Awareness Month] Resolution declaring the month of April 1996 as Sexual Assault Awareness Month. Supervisors Kaufman, Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 004-96-008. [Commend American Rabbis/Sha'ar Zahav] Resolution commending the Central Conference of American Rabbis on its passage of a resolution in support of civil marriage for lesbian and gay couples and in opposition to governmental efforts to bar such unions and commending Congregation Sha'ar Zahav and its Rabbi Yoel H. Kahn, on their role in securing the passage of this resolution. Supervisors Kaufman, Leal, Ammiano, Shelley, Alioto, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 006-96-042. [Commend Dr. Jan Karski] Resolution commending Dr. Jan Karski for all of his efforts during World War II to inform the allies of the planned extermination of the Jews of Europe by Nazi Germany to make information about these plans widely available to the public and to save the lives of the Jews of Europe. Supervisors Kaufman, Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 006-96-043. [State Legislation, AB 2248] Resolution opposing AB 2248 relating to funding cuts to schools offering HIV/AIDS education, sexually transmitted disease prevention and sex education programs. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 012-96-015. [State Legislation, AB 2549] Resolution opposing AB 2549 concerning relocation of the State Public Utilities Commission. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 012-96-016. Referred to Committee [Absentee Voter Procedures] Resolution resolving that California Election Code Section 3017 discriminates against absentee voters based on their marital and familial status; urging the State Legislature to amend Election Code Section 3017 to delete any mention of any type of marital or family status; asking the City Attorney to institute proceedings to enforce guarantees of the Fourteenth and Fifteenth Amendments with regard to Election Code Section 3017 which has the effect of denying or abridging the right to vote in contravention of the guarantees set forth in the Constitution of the United States. Supervisors Kaufman, Bierman presented. Referred to Rules Committee. File 012-96-017. Referred to Board [State Legislation, AB 2147, HIV] Resolution opposing Assembly Bill 2147 (Rainey) relating to the Human Immunodeficiency Virus. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 012-96-018. [State Legislation, AB 3227, Same Sex Marriages] Resolution opposing Assembly Bill 3227 (Knight) and urging the Mayor to direct the City's lobbyist to urge the State Legislature to oppose AB 1982 concerning recognition of same sex marriages. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 012-96-019. [State Legislation, SB 1976, Needle Exchange Program] Resolution supporting Senate Bill 1976 (Watson) concerning clean needle and syringe pilot projects. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 012-96-020. [Federal Legislation, S. 1624] Resolution supporting S. 1624 concerning the reauthorization of the Hate Crimes Statistics Act. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 013-96-014. [Gift Acceptance] Resolution accepting the gift of possession and use of gay and lesbian historical materials for deposit in the San Francisco Public Library. Supervisors Ammiano, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 038-96-007. [Youth Commission Budget] Resolution urging the Mayor to create an appropriate operating budget for the Youth Commission in the 1996-97 budget. Supervisors Yaki, Bierman, Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 100-96-004. Requests for Hearings: [Family Mosiac Project] Hearing to consider the administration of the Family Mosiac Project as it relates to the Medi-Cal program, service to families in the community, their hiring and firing personnel practices, the program's goals, objections and community involvement. Supervisor Kennedy presented. Referred to Economic Vitality/Social Policy Committee. File 030-96-007. [Methamphetamine Epidemic] Hearing to consider the City's response to the growing methamphetamine epidemic. Supervisors Leal, Alioto presented. Referred to Health/Public Safety/Environment Committee. File 030-96-008. [Child Care] Hearing to consider what subsidized child care services are available. Supervisor Kennedy presented. Referred to Economic Vitality/Social Policy Committee. File 107-96-001. [Residential Hotel Conversion] Hearing to consider the efficacy of the Planning Department's regulation and control of the conversion of residential apartments into hotel rooms or business rental units. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee. File 189-96-001. [Unreinforced Masonry Retrofit Program] Hearing to consider the status of the unreinforced masonry retrofit program. Supervisor Hsieh presented. Referred to Budget Committee. File 200-96-003. Motions: Referred to Board [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 030-96-001.06. [Cantonese/Spanish Simulcasts] Motion directing the Clerk of the Board to work with Citywatch (Channel 54) to develop a Second Audio Program to existing Citywatch broadcasts of Board and Committee meetings with a view toward simulcasts with Cantonese and Spanish translations. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar April 8, 1996. File 054-96-003. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-020. [Tedral L. Thompson, v. CCSF] Ordinance authorizing settlement of litigation of Tedral L. Thompson against the City and County of San Francisco by payment of $7,500. (Superior Court No. 962-340). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-021. [Guillermo Lopez v. CCSF] Ordinance authorizing settlement of litigation of the City's cross-complaint in Lopez against the City and County of San Francisco. (Superior Court No. 952-731). (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-006. [Lease, New Main Library, 200 Larkin Street] Ordinance authorizing and approving the lease of space in City-owned property at 200 Larkin Street, consisting of a portion of the lowest floor to Robin Boley-Alvarez and Francois Alvarez commencing April 18, 1996. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 090-96-002. [Landmark Designation, Milo Hoadley Residence] Ordinance designating the Milo Hoadley Residence as Landmark No. 216 pursuant to Article 10 of the City Planning Code. (Department of City Planning) (City Planning Resolution No. 14079, adopted 3/14/96.) (Landmarks Preservation Advisory Board Resolution No. 481, adopted 11/15/95.) Referred to Housing and Land Use Committee. File 097-96-015. [Hold Harmless Agreement with Caltrans] Ordinance amending Administrative Code by adding Section 1.41 regarding hold harmless agreements with California Department of Transportation (Caltrans). (Department of Public Works) Referred to Government Efficiency/Labor Committee. File 102-95-017. [Salary Ordinance Amendment, Airport] Substitute ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Airport, reflecting the creation of thirty-seven (37) positions (Classifications 1203 Personnel Technician (1), 1368 Special Assistant IX (1), 1370 Special Assistant XI (1), 1404 Clerk, (1), 1424 Clerk Typist (1), 1426 Sr. Clerk Typist (1), 1632 Sr. Account Clerk (1), 1764 Mail Reproduction Service Superintendent (1), 1802 Research Assistant (1), 1844 Sr. Management Assistant (2), 3554 Associate Registrar (1), 7334 Stationary Engineer (2), 7335 Sr. Stationary Engineer (1), 7342 Locksmith (1), 7347 Plumber (2), 7348 Steamfitter (2), 9203 Sr. Airport Comm. Dispatcher (2), 9209 Police Service Aide (12), 9222 Airport Operations Coordinator (3)); companion measure to File 101-95-63. (Department Human Resources) Referred to Budget Committee. File 124-96-004. [Special Truck Loading Zones and Yellow Zones] Ordinance amending traffic code by amending Sections 33.3, 38.B, and 38.B1, regarding the designation of special truck loading zones and yellow zones. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 155-96-002. [Reward Authorization] Ordinance authorizing payment of reward to Doe One and Doe Two. (Mayor) Referred to Budget Committee. Resolutions Referred to Committee File 048-96-011. [Settlement of Claim, Grange Insurance Group] Resolution approving the settlement of the unlitigated claim of Grange Insurance Group (insured, Steve Young) by payment of $7,665.56. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-002. [Lease of Property at 720 Sacramento Street] Resolution authorizing a lease of real property at 720 Sacramento Street, San Francisco, for the Chinatown Children's Development Center of the Mental Health Division of the Department of Public Health. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 172-96-006. [State Mental Health Performance Contract] Resolution approving the San Francisco City and County Performance Contract for Mental Health Services in fiscal year 1995-96. (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 Yaki, that City Attorney research and report on the police powers of San Francisco in restricting alcohol (off-sale) and gun sales within a specified distance of schools, churches and community centers taking into account zoning ordinances as well as comparable "drug-free zone" criminal statutes. By Supervisors Yaki, Bierman, that City Attorney prepare ordinance which would extend the sunset provisions for tour bus bans on 25th and 15th Avenues to September 30, 1996. By Supervisor Alioto, that the Board of Supervisors send letter congratulating Michela Alioto on her victory as the Democratic nominee for the First Congressional District. By Supervisor Alioto, that City Attorney prepare a comprehensive history of the Raker Act and how it's been implemented in San Francisco. By Supervisor Alioto, that City Attorney prepare report regarding the status of all legal and business dealing the City has with Pacific Gas and Electric Company. By Supervisor Alioto, that letter of inquiry be sent to Controller to determine the status of the audit of the franchise agreement between Pacific Gas and Electric Company and the City and County conducted in 1995 and the status of the audit scheduled for 1996. By Supervisor Alioto, that letter of inquiry be sent to Chief Administrative Officer to ascertain whether any reports regarding the franchise fee agreement between Pacific Gas and Electric Company and the City and County will be prepared and submitted to the Board of Supervisors pursuant to Administrative Code Section 11.5. By Supervisor Alioto, that a second letter be sent to the Golden Gate National Recreation Area requesting that steps be taken to stop the demolition of housing in the Presidio with her name added to Supervisors Kennedy and Bierman. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Michael Weintraub Sponsor Supervisor Hsieh. Juan Pifarre Sponsor Supervisor Leal. File 2-96-14 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:16 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 22, 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