Board of Supervisors Minutes: April 8, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, April 8, 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 2:09 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Noted absent at first roll call: Supervisor Hsieh - 1. Quorum present. Supervisor Hsieh excused, on official leave of absence. Presentation of Guests Supervisor Ammiano introduced and welcomed the 24 member Lincoln High School Show Chorus. Suspension of the Rules Supervisor Ammiano, seconded by Supervisor Kennedy, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the students and their instructor. No objection and motion granted. The teacher indicated the purpose of their visit is to present a short presentation to the Board of Supervisors to announce that the Lincoln High School Show Chorus has an opportunity to participate in a competition in Los Angeles and are on a fund raising drive. The Chorus sang a portion of the song called "Celebrate". CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 133-96 Finally passed. [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. 144-96 Finally passed. [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. 134-96 Finally passed. [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. 143-96 Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 132-96 Finally passed. [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. 135-96 Finally passed. [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. 136-96 Finally passed. [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. 137-96 (Superior Court No. 966-482) Finally passed. [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. 138-96 (Superior Court No. 968-593) Finally passed. [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, Leal. File 65-96-3, Ordinance No. 139-96 Finally passed. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [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, Leal. File 97-96-12, Ordinance No. 141-96 (Adds Section 1.6-B.) Finally passed. Recommendation of Housing and Land Use Committee Finally Passed [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. 142-96 (Amend Section 983(e)(3).) (City Planning Resolution No. 14050, adopted 2/1/96). (Exempt from Environmental Review, General Rule Exclusion). Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Government Efficiency and Labor Committee Finally Passed [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. 140-96 (Amends Section 16.157.) (April 1, 1996 - Consideration continued to April 8, 1996.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Recommendations of Housing and Land Use Committee Tabled [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. (April 1, 1996 - Consideration continued to April 8, 1996.) Supervisor Bierman, seconded by Supervisor Kaufman, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Leal assumed the Chair so the President could participate in the debate from the floor. 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. (April 1, 1996 - Consideration continued to April 8, 1996.) Supervisor Leal, seconded by Supervisor Kaufman, moved to continue consideration to April 29, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. The President resumed the Chair. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Airport] Ordinance appropriating $239,592, Airport, of San Francisco Airport Operating Funds for salaries and mandatory fringe benefits for the creation of thirty-three (33) positions to support the implementation of the Master Plan for fiscal year 1995-96. (Controller) File 101-95-63, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Salary Ordinance Amendment, Airport] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), reflecting the creation of thirty-three (33) positions at the San Francisco International Airport; companion measure to File 101-95-63. (Department of Human Resources) File 102-95-17, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Appropriation, Airport] Ordinance appropriating $636,354, Airport, of San Francisco Operating Funds for overtime to support increased security mandated by the Federal Aviation Administration for fiscal year 1995-96. (Controller) File 101-95-64, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Appropriation, Department of Social Services] Ordinance appropriating and rescinding $318,395, Department of Social Services, for personal services, materials and supplies and equipment for automation projects for fiscal year 1995-96. (Controller) File 101-95-70, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Adopted [Patient Rates] Resolution amending Resolution No. 620-95 which fixes patient rates for services furnished by City and County health care institutions, to include patient 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) File 30-95-11.1, Resolution No. 303-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Recommendations of Government Efficiency and Labor Committee Adopted [HUD Guidelines; Small Business] Resolution urging the U.S. Housing and Urban Development Department to revise the underwriting criteria to allow small business owners more accessibility to the Mayor's Office of Community Development revolving loan fund. Sponsors Supervisors Teng, Bierman, Alioto, Ammiano, Yaki, Leal, Kaufman, Shelley. File 13-96-9, Resolution No. 315-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Yaki, Leal, Kaufman, Shelley requested to be added as co-sponsors. [MOCD Revolving Loan Fund: Garment Industry] Resolution establishing a minimum of one million dollars revolving loan fund of the U.S. Housing and Urban Development Section 108 funding to meet the needs expressed by small business owners in the garment industry. Sponsors Supervisors Teng, Bierman, Alioto, Ammiano, Leal, Shelley, Kaufman, Yaki. File 68-96-2, Resolution No. 318-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Leal, Shelley, Kaufman, Yaki requested to be added as co-sponsors. Recommendations of Rules Committee Passed for Second Reading as Amended [Street Plaque Placement Procedures] Ordinance amending Public Works Code, to establish procedures for the commemoration of historical sites, events and persons in locations upon a public street or place. Sponsors Supervisors Ammiano, Shelley, Alioto, Leal, Bierman, Teng. File 123-95-3, Ordinance No. (Adds Sections 789, 789.1, 789.2, 789.3, 789.4, 789.5, 789.6 and 789.7.) Supervisor Ammiano, seconded by Supervisor Kaufman, moved to amend title, line five and page two, lines 1 and 9, by inserting the word "historical" before the word "sites". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. Adopted [Appointments] Resolution appointing members to the Advisory Council to the Commission on the Aging, terms expired, for new two-year terms ending March 31, 1998. (Rules Committee) File 92-96-1.2, Resolution No. 319-96 (Marian Levy, Seat No. 20301, vice herself; Vera Haile, Seat No. 20304, vice Fran Watkins.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. [Audit, Medical Examiner-Coroner's Office] Motion directing the Budget Analyst to give priority to conducting a comprehensive audit of the Medical Examiner-Coroner's Office upon completion of audits currently underway. Sponsors Supervisors Ammiano, Leal. File 165-96-2 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Hsieh - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Ms. Hewlett, police accountability; Rodney, liquor licenses, church occupancy certificate. 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 [Sexual Assault Awareness Month] Resolution declaring the month of April 1996 as Sexual Assault Awareness Month. Sponsors Supervisors Kaufman, Bierman, Alioto, Leal, Yaki, Ammiano, Teng. File 4-96-8, Resolution No. 305-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki, Ammiano, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Leal, Ammiano, Shelley, Alioto, Bierman, Yaki, Teng. File 6-96-42, Resolution No. 306-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Kaufman, Bierman, Alioto, Leal, Yaki, Ammiano, Teng. File 6-96-43, Resolution No. 307-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki, Ammiano, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Alioto, Yaki, Leal, Bierman, Teng. File 12-96-15, Resolution No. 310-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [State Legislation, AB 2549] Resolution opposing AB 2549 concerning relocation of the State Public Utilities Commission. Sponsors Supervisors Bierman, Kennedy, Ammiano, Teng. File 12-96-16, Resolution No. 311-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Ammiano, Teng requested to be added as co-sponsors. [State Legislation, AB 2147, HIV] Resolution opposing Assembly Bill 2147 (Rainey) relating to the Human Immunodeficiency Virus. Sponsors Supervisors Alioto, Bierman, Leal, Teng, Ammiano. File 12-96-18, Resolution No. 312-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Leal, Teng, Ammiano requested to be added as co-sponsors. [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. Sponsors Supervisors Alioto, Bierman, Leal, Yaki, Ammiano, Teng. File 12-96-19, Resolution No. 313-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Leal, Yaki, Ammiano, Teng requested to be added as co-sponsors. [State Legislation, SB 1976, Needle Exchange Program] Resolution supporting Senate Bill 1976 (Watson) concerning clean needle and syringe pilot projects. Sponsors Supervisors Alioto, Bierman, Ammiano, Teng. File 12-96-20, Resolution No. 314-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Ammiano, Teng requested to be added as co-sponsors. [Federal Legislation, S. 1624] Resolution supporting S. 1624 concerning the reauthorization of the Hate Crimes Statistics Act. Sponsors Supervisors Alioto, Bierman, Yaki, Ammiano, Teng. File 13-96-14, Resolution No. 316-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Yaki, Ammiano, Teng requested to be added as co-sponsors. [Gift Acceptance] Resolution accepting the gift of possession and use of gay and lesbian historical materials for deposit in the San Francisco Public Library. Sponsors Supervisors Ammiano, Alioto, Kaufman, Bierman, Leal, Teng. File 38-96-7, Resolution No. 317-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Bierman, Leal, Teng requested to be added as co-sponsors. [Youth Commission Budget] Resolution urging the Mayor to create an appropriate operating budget for the Youth Commission in the 1996-97 budget. Sponsors Supervisors Yaki, Bierman, Alioto, Kennedy, Ammiano, Teng. File 100-96-4, Resolution No. 320-96 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Ammiano, Teng requested to be added as co-sponsors. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki. File 30-96-1.6 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. [Cantonese/Spanish Simulcasts] Motion directing the Clerk of the Board to work with Citywatch, Channel 54 in developing and reporting on costs and feasibility of a second Audio Program to existing Citywatch broadcasts of Board and Committee meetings with a view toward simulcasts with Cantonese and Spanish translations. Sponsors Supervisors Yaki, Kennedy, Teng, Leal, Ammiano. File 54-96-3 (April 1, 1996 - Introduced in Board for consideration on April 8, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Teng, Leal, Ammiano requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-15, Resolution No. 304-96 (Willie L. Brown, Jr., Mayor, City and County of San Francisco, April 9 - 10; Angela Alioto, member, Board of Supervisors, April 15 - 21 and August 1 - September 1; Philip Adams, Director, Department of Public Transportation, April 13 - 15; Chuck Breyer, Commissioner, Juvenile Probation Commission, April 5 - 15; Marie K. Brooks, Vice President, Airports Commission, April 5 - 15; Mary I. Callanan, Treasurer, Office of the Treasurer, April 18 - 21; V. C. Gee, Commission Chair, Ethics Commission, April 3 - 7; Ricardo Hernandez, Public Administrator/Public Guardian, April 24 - 27, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Leal, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Leal, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. [Imperative Resolutions] Adopted [Commend Fight the Right March] Resolution commending the National Organization for Women and welcoming participants in the "Fight the Right March" and declaring April 14, 1996 "Fight the Right March Day". File 006-96-044, Resolution No. 308-96 Supervisors Teng, Bierman, Leal, Alioto, Ammiano, Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. [Commend Dennis Peron] Resolution commending and honoring Dennis Peron for his civic and community leadership on his birthday, April 8, 1996. File 006-96-046, Resolution No. 309-96 Supervisors Ammiano, Kaufman, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Hsieh - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Tour Bus, 25th Avenue/El Camino Real] Ordinance amending Ordinance No. 88-96, which amended the Police Code to prohibit tour buses on El Camino Del Mar between the Presidio (approximately 290 feet east of 25th Avenue) and Legion of Honor Drive, and 25th Avenue between Lake Street and El Camino Del Mar through June 30, 1996, by amending Section 3 to provide that this prohibition on tour buses shall expire on September 30, 1996 rather than June 30, 1996. Supervisors Shelley, Yaki presented. Referred to Rules Committee. File 121-96-002.01. [Tour Bus, 15th Avenue] Ordinance amending Ordinance No. 115-96, which amended the Police Code to prohibit tour buses on 15th Avenue from Lake Street to the Presidio through June 30, 1996 by amending Section 2 to provide that this prohibition on tour buses shall expire on September 30, 1996 rather than June 30, 1996. Supervisors Shelley, Yaki presented. Referred to Rules Committee. File 121-96-005.02. [New Jobs Tax Credit Extension] Ordinance amending Part III of the Municipal Code by amending Section 906B, extending the expiration date of the New Jobs Tax Credit to December 31, 2002. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered on April 24, 1996. File 127-96-002. Referred to Board [Proclaim Laurel Hill Nursery School Day] Resolution proclaiming April 27, 1996 Laurel Hill Nursery School Day in San Francisco. Supervisors Yaki, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 004-96-009. [Commend Irwin Memorial Blood Centers] Resolution commending Irwin Memorial Blood Centers on the plasma pheresis blood donation program and declaring April 27, 1996 Irwin Memorial Blood Centers Day in San Francisco. Supervisors Teng, Kennedy, Bierman, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 006-96-045. [Riverside County Police Beating] Resolution condemning the beating of two Mexican immigrants by Riverside County Sheriff's deputies in South El Monte, California and urging the Justice Department to conduct a thorough investigation into the civil rights abuses of immigrants. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 013-96-015. [Off Street Parking Fee Waiver] Resolution waiving parking fees for main library opening participants on April 16, 17, 18 and 21, 1996 at the Civic Center Garage and the Performing Arts Garage. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 047-96-002. [Bay Area Rapid Transit District Police Oversight] Resolution urging the Bay Area Rapid Transit (BARTD) District Board of Commissioners to immediately take action to improve oversight of its BART police and create a citizens' oversight process. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 080-96-001. [Appointment] Resolution appointing Supervisor Tom Ammiano to the Bay Area Air Quality Management District Board of Directors. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar April 15, 1996. File 092-96-009.01. Referred to Committee [Pesticide Reduction] Resolution urging the Mayor to urge the Recreation and Parks Commission to implement an integrated pest management policy to ban the use of especially hazardous pesticides and to reduce the use of other toxic pesticides. Supervisor Shelley presented. Referred to Rules Committee. File 193-96-002. Requests for Hearings: [Street Lighting, Stockton Tunnel] Hearing to consider the inadequate lighting in Stockton Street tunnel. Supervisor Teng presented. Referred to Housing and Land Use Committee. File 191-96-002. [Election of Supervisors and Related Matters] Hearing to consider proposals to reform the method of election of members of the Board of Supervisors and related matters. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 245-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-0022. [Mychelle Colleary v. CCSF, et al.] Ordinance authorizing settlement of personal injury claim of Mychelle Colleary against the City and County of San Francisco and its employee Chinedu Elekwachi by payment of $15,000, each side to bear its own costs and attorneys' fees. (Superior Court No. 969-275). (City Attorney) Referred to Government Efficiency/Labor Committee. File 046-96-006. [CCSF v. Glimidakis, et al.] Ordinance authorizing settlement of the litigation of City and County of San Francisco v. Vasilios and Christine Glimidakis, et al., in the amount of Forty Thousand Dollars ($40,000). (Superior Court No. 963-377). (City Attorney) Referred to Government Efficiency/Labor Committee. File 172-96-007. [Muni Railway Regional Trip Planning Agreement] Ordinance approving a contract between the City, through its Municipal Railway, and three Bay Area transit agencies, to provide regional database for route, schedule and fare information so that passengers can plan regional trips. (Public Transportation Commission) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 010-96-002. [Encroachment Permit, 62-64 Bonview Street] Resolution granting revocable permission to James P. Zerga to construct one (1) concrete retaining wall and landscaping in conjunction with grading and constructing a private driveway for access to 62-64 Bonview Street (Block 5613, Lots 20 and 21) and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 025-96-005. [Prop J Contract, Legal Services, District Attorney] Resolution concurring with the Controller's certification that legal process server services can be practically performed for the District Attorney, Family Support Bureau, by a private contractor for a lower cost than similar services performed by City and County employees. (District Attorney) Referred to Government Efficiency/Labor Committee. File 028-96-004. [Emergency Repair, Various Locations] Resolution authorizing the Director of the Department of Public Works to take necessary measures to protect the health, welfare and property of the citizens of San Francisco by performing the necessary work to replace structurally inadequate sewer in Francisco Street between Larkin Street and Mid-Block Polk Street, Lansing Street between First Street and Guy Place, Twenty-Third Avenue between Clement Street and Geary Boulevard and Bannam Place between Green Street and Union Street - $232,120. (Department of Public Works) Referred to Budget Committee. File 048-96-012. [Settlement of Claim, Lee Kyu Park] Resolution approving the settlement of the unlitigated claim of Lee Kyu Park by payment of $25,729.95. (City Attorney) Referred to Government Efficiency/Labor Committee. File 147-96-003. [State Grant - African American History Network] Resolution authorizing the City Librarian to apply for Library Services and Construction Act funds from the California State Library for the African American History Network II. There are direct costs of eight percent (8%) contained in the budget of this grant. (Public Library) 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 Teng, that City Attorney research and prepare appropriate legislation to recruit and provide incentive to businesses at the San Francisco Airport that sell "made in San Francisco" products. By Supervisor Kennedy, that letter of inquiry be sent to Bureau of Building Inspection concerning the Concord Missionary Baptist Church project to determine whether there were ongoing inspections during construction of the building and if not, why not; whether there was any deviation from the approved plans and if so, was the deviation approved by the inspector; whether it is permissible to issue a temporary occupancy certificate so the building can be used while the problem of disability access is addressed and corrected. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: I. Donald Terner (By the entire Board) Ron Brown (By the entire Board) Carl B.Stokes (By the entire Board) James E. Stratten Sponsor Supervisor Kennedy. Gwendolyn Gatewood Sponsor Supervisor Kennedy. Georgena Starnes Scott Sponsor Supervisor Kennedy. David Butler Sponsor Supervisor Kennedy. Whitman Tatum Sponsor Supervisor Kennedy. Valerie Williams Sauls Sponsor Supervisor Kennedy. Mary L. Foy Sponsors Supervisors Leal, Shelley. James Kennedy Sponsor Supervisor Ammiano. Michael Alan Knapp Sponsor Supervisor Ammiano. Bill Morton Sponsors Supervisors Yaki, Teng. Carol Hamilton Sponsor Supervisor Yaki. File 2-96-15 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:12 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 29, 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