Board of Supervisors Minutes: May 6, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, May 6, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:06 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Kaufman, Kennedy, Leal, Shelley, Yaki - 6. Noted absent at first roll call: Supervisors Alioto, Bierman, Hsieh, Teng - 4. Quorum present. Supervisor Alioto was noted present at 2:09 p.m. Supervisor Bierman was noted present at 2:10 p.m. Supervisor Hsieh was noted present at 2:09 p.m. Supervisor Teng was noted present at 2:08 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Leal, moved that the Journal of Proceedings for Monday, April 15, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Bierman - 1. CONSENT CALENDAR Severed from Consent Calendar Supervisor Yaki requested that the following measure be severed from the Consent Calendar and considered separately. Recommendation of Government Efficiency and Labor Committee Consideration Continued [Lease Modification, Port/Franciscan Restaurant] Ordinance approving third amendment to lease of real property between the Franciscan Restaurant and the City and County operating by and through the Port Commission for restaurant and retail uses at Pier 43-1/2, Fishermans' Wharf. (Port) File 65-96-7, Ordinance No. Supervisor Yaki, seconded by Supervisor Ammiano, moved to continue consideration to May 13, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. The Board resumed its consideration of the following items on the Consent Calendar. Consent Calendar Recommendations of Budget Committee Finally Passed [Appropriation, Department of Public Works] Ordinance appropriating $5,687,710, 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. (Controller) File 101-95-71.1, Ordinance No. 179-96 (Fiscal Impact.) Finally passed. [Appropriation, Public Utilities Commission-Hetch Hetchy] Ordinance appropriating and rescinding $77,002, Public Utilities Commission-Hetch Hetchy, of Hetch Hetchy Operating Funds, to create and delete six (6) positions for fiscal year 1995-96. (Controller) File 101-95-72, Ordinance No. 180-96 Finally passed. [Salary Ordinance Amendment] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96) Public Utilities, Hetch Hetchy project, reflecting the creation of six (6) positions; companion measure to File 101-95-72. (Department of Human Resources) File 102-95-18, Ordinance No. 183-96 Finally passed. [Appropriation, Chief Administrative Officer] Ordinance appropriating $275,500, Chief Administrative Officer, of Redevelopment Agency revenue for salaries, professional services, and services of other departments to allow the CAO's office to assist the Redevelopment Agency with urban design guidelines for the Mid-Embarcadero Roadway replacement and open space projects for fiscal year 1995-96. (Controller) File 101-95-73, Ordinance No. 181-96 Finally passed. [Appropriation, 911 CAD Interim System] Ordinance appropriating $5,337,594, Police Department, for purchase and installation of an interim Computer Aided Dispatch (CAD/911) System including professional services, services of other departments and overtime; funded from the General Fund Reserve (established from the 1994-95 one time accounting adjustment); providing for ratification of action previously taken. Sponsors Supervisors Shelley, Kennedy. File 101-95-74, Ordinance No. 182-96 Finally passed. [New Jobs Tax Credit Extension] Ordinance amending Part III, Municipal Code, extending the expiration date of the New Jobs Tax Credit to December 31, 2002. Sponsors Supervisors Kaufman, Leal, Hsieh, Bierman, Teng. File 127-96-2, Ordinance No. 188-96 (Amends Section 906B.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [CCSF v. Glimidakis, et al.] Ordinance authorizing settlement of the litigation of City and County v. Vasilios and Christine Glimidakis, et al., of Forty Thousand Dollars ($40,000). (City Attorney) File 46-96-6, Ordinance No. 184-96 (Superior Court No. 963-377) Finally passed. [Public Notices, Plain] Ordinance amending Administrative Code, to require that items on agendas of meetings of policy bodies of the City and County should be written in and 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. Sponsors Supervisors Kaufman, Teng, Bierman, Shelley. File 97-96-14.1, Ordinance No. 185-96 (Amends Section 67.7; Adds Section 67.7-1.) Finally passed. [Hold Harmless Agreement with Caltrans] Ordinance amending Administrative Code, regarding hold harmless agreements with various city departments and to California Department of Transportation (Caltrans) for the purpose of obtaining encroachment permits from the State. (Department of Public Works) File 97-96-15, Ordinance No. 186-96 (Adds Section 1.49.) Finally passed. [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) File 172-96-7, Ordinance No. 189-96 Finally passed. Recommendation of Housing and Land Use Committee Finally Passed [Special Truck Loading Zones and Yellow Zones] Ordinance amending Traffic Code, regarding the designation of special truck loading zones and yellow zones. (Department of Parking and Traffic) File 124-96-4, Ordinance No. 187-96 (Amends Sections 33.3, 38.B, and 38.B.1.) 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, Shelley, Teng, Yaki - 10. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Housing and Land Use Committee Adopted [Liquor License Transfer, 3165 Steiner Street] Resolution determining that the transfer of a Type 21 off-sale general alcohol beverage control license for Basher A. El-Yousef for Hollow Cow Market and Delicatessen, from 2100 Chestnut Street to 3165 Steiner Street, will serve the convenience and necessity of the people of the City and County, in accordance with Section 23958.4 of the California Business and Professions Code; with condition. (Housing and Land Use Committee) File 223-96-13, Resolution No. 387-96 (April 29, 1996 - Consideration continued to May 6, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Noes: Supervisor Kennedy - 1. NEW BUSINESS SPECIAL ORDER 3:00 P.M. Consideration Continued [Public Hearing] Hearing appealing decision of City Planning Commission by its Motions 14067, 14068, 14069, 14070 and 14072 approving Conditional Use Applications 95.348C, 95.389C, 95.390C, 95.391C and 95.393C to install wireless transmission facilities on properties located at 1700 Haight Street, 6143-6153 Geary Boulevard, 2696 Geary Boulevard, 1400 Lombard Street and 669-677 Portola Drive. File 37-96-1 (Appeal filed April 8, 1996.) (Categorically exempt from environmental review process pursuant to Title 14 of the California Administrative Code.) (Both the appellant and project representative have requested a continuance of the public hearing to June 3, 1996.) Supervisor Hsieh Excused from Voting On advice of the City Attorney, Supervisor Hsieh requested to be excused from voting because of possible conflict of interest. Thereupon, Supervisor Leal, seconded by Supervisor Kaufman, moved to excuse Supervisor Hsieh from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Ammiano - 1. Supervisor Kennedy, seconded by Supervisor Kaufman, moved to continue consideration to June 3, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Excused: Supervisor Hsieh - 1. Absent: Supervisor Ammiano - 1. (Only one of the following two Motions should be adopted.) [Appeal, Wireless Transmission Facilities] Motion approving decision of the City Planning Commission by its Motions 14067, 14068, 14069, 14070 and 14072 approving Conditional Use Applications 95.348C, 95.389C, 95.390C, 95.391C and 95.393C, on properties located at 1700 Haight Street, 6143-6153 Geary Boulevard, 2696 Geary Boulevard, 1400 Lombard Street and 669-677 Portola Drive. (Clerk of the Board) File 37-96-1.1 Supervisor Kennedy, seconded by Supervisor Kaufman, moved to continue consideration to June 3, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Excused: Supervisor Hsieh - 1. Absent: Supervisor Ammiano - 1. [Appeal, Wireless Transmission Facilities] Motion disapproving decision of the City Planning Commission by its Motions 14067, 14068, 14069, 14070 and 14072 approving Conditional Use Applications 95.348C, 95.389C, 95.390C, 95.391C and 95.393C, on properties located at 1700 Haight Street, 6143-6153 Geary Boulevard, 2696 Geary Boulevard, 1400 Lombard Street and 669-677 Portola Drive. (Clerk of the Board) File 37-96-1.2 Supervisor Kennedy, seconded by Supervisor Kaufman, moved to continue consideration to June 3, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Excused: Supervisor Hsieh - 1. Absent: Supervisor Ammiano - 1. [Findings] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Applications 95.348C, 95.389C, 95.390C, 95.391C and 95.393C, on properties located at 1700 Haight Street, 6143-6153 Geary Boulevard, 2696 Geary Boulevard, 1400 Lombard Street and 669-677 Portola Drive, for action by the Board at its next meeting. (Clerk of the Board) File 37-96-1.3 Supervisor Kennedy, seconded by Supervisor Kaufman, moved to continue consideration to June 3, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Excused: Supervisor Hsieh - 1. Absent: Supervisor Ammiano - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could participate in the debate from the floor. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of all persons interested in or objecting to proposed schedules of sewer service charges to be paid by users for fiscal year 1996-97 pursuant to Articles 4.1 and 4.2 of the Public Works Code; providing for severability clause. File 21-96-1 (Filed April 15, 1996.) (Exempt from Environmental Review.) The President inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing closed. Consideration Continued as Amended [Sewer Service Charges, 1996-97] Resolution adopting and imposing schedules of sewer service charges to be paid by users for fiscal year 1996-97 pursuant to Articles 4.1 and 4.2 of the Public Works Code; providing for severability clause. (Chief Administrative Officer) File 21-96-1, Resolution No. 406-96 Supervisor Shelley, seconded by Supervisor Alioto, moved an amendment of the whole bearing same title. Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Supervisor Kaufman, seconded by Supervisor Teng, moved to continue consideration as amended to May 13, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. The President resumed the Chair. COMMITTEE REPORT Recommendation of Housing and Land Use Committee Adopted [Interim Zoning Controls, Union Square Signs] Resolution extending for an additional twelve months Interim Zoning Controls prohibiting the approval of general advertising signs within 200 feet of the park known as Union Square and facing said park but allowing replacement signs and deleting the special exceptions from the roof sign and height limitations for general advertising signs within 200 feet of Union Square. Sponsors Supervisors Bierman, Alioto. File 111-95-1.1, Resolution No. 373-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Patricia Vaughey, soccer fields; John Hackett, transgender community; James McAree, Jones Memorial United Methodist Church; Pat Herber, submitted written information concerning antennas; Charles Amoson, Hayes Valley; Wendy Lauren, Police Department problems; Rodney Talmadge, alcohol use at Candlestick; Eugenia Goods, parking tickets. 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 [Commending Joanne Hayes-White, Lorrie Kalos] Resolution commending Joanne Hayes-White and Lorrie Kalos, the first two women captains of the San Francisco Fire Department and the San Francisco Fire Department. Sponsors Supervisors Teng, Bierman, Shelley, Kaufman, Yaki, Hsieh, Leal. File 6-96-59, Resolution No. 375-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Yaki, Hsieh, Leal requested to be added as co-sponsors. [Angel Island State Park] Resolution supporting the use of East Garrison Docking Facility, Angel Island State Park, by Golden Gate Ferries. Sponsor Supervisor Kennedy Bierman, Leal, Teng. File 12-96-24, Resolution No. 380-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisors Leal, Teng requested to be added as co-sponsors. [Expansion of Point Reyes National Seashore] Resolution supporting legislation endorsed by President Clinton to preserve and expand Point Reyes National Seashore and urging the United States House of Representatives and United States Senate to support such legislation. Sponsors Supervisors Kaufman, Bierman, Teng. File 13-96-16, Resolution No. 381-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Supporting Brooke Amendment] Resolution supporting the continuation of the principals of the Brooke Amendment (public housing tenants' rents) and opposing any congressional attempts at its repeal. Sponsors Supervisors Shelley, Yaki, Bierman, Teng. File 13-96-17, Resolution No. 382-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman, Teng requested to be added as co-sponsors. Passport Applications] Resolution authorizing the County Clerk-Recorder to accept passport applications pursuant to a designation of authority from the United States Department of State. Sponsors Supervisors Yaki, Hsieh, Leal, Teng. File 13-96-18, Resolution No. 383-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisors Hsieh, Leal, Teng requested to be added as co-sponsors. [Golden Gate National Recreation Area] Resolution urging the Golden Gate National Recreation Area to rent/lease the Presidio Chapel or a comparable building to be used for approximately two years by the Jones Memorial United Methodist Church for the purpose of holding Sunday services and related meetings. Sponsors Supervisors Kennedy, Teng. File 13-96-19, Resolution No. 384-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [City Hall Security Devices] Resolution urging the Chief Administrative Officer to request supplemental appropriation of sufficient funds to reinstate City Hall security devices. Sponsors Supervisors Ammiano, Teng. File 186-96-2, Resolution No. 385-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Retirement Board Divestment-Tobacco Companies] Resolution urging the Retirement Board to divest holdings in securities of publicly traded companies that derive revenue from the sale of tobacco products and further urging the California State Legislature to pass legislation barring state and municipal pension funds from holding tobacco stocks. Sponsors Supervisors Alioto, Ammiano, Yaki, Bierman, Kennedy, Leal, Hsieh, Kaufman, Teng, Shelley. File 210-96-1, Resolution No. 386-96 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisor Shelley requested to be added as co-sponsor. [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, Teng, Hsieh, Ammiano, Yaki, Kaufman. File 30-96-1.8 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [Final Map] Motion approving final map of 50, 52, 54, 56, 58, 60, 62 and 64 Guy Place, a Condominium Project, being a resubdivision of Lot 55 in Assessor's Block 3749, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-10 (April 29, 1996 - Introduced in Board for consideration on May 6, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. 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 1-96-19, Resolution No. 374-96 (Willie L. Brown, Jr., Mayor, Office of the Mayor, May 4 - 5; Tom Hsieh, member, Board of Supervisors, May 20 - 26; Mabel Teng, member, Board of Supervisors, May 29 - June 4 and June 18 - 25; Philip Adams, Director, Department of Public Transportation, May 4 - 9; Dennis P. Bouey, Executive Director, Port of San Francisco, May 20 - 24; Cynthia Gissler, Commissioner, Commission on the Status of Women, April 24 - May 1; Fred H. Lau, Chief, Police Department, April 26 - 30; John L. Martin, Director, International Airport, April 19 - 24; Peter Mezey, Commissioner, Parking and Traffic Commission, May 28 - June 24; Harry S. Parker III, Director, Fine Arts Museums, May 15 - 17; Wendell L. Pryor, Director, Department of Human Resources, April 24 - 26; Louise H. Renne, City Attorney, Office of City Attorney, April 19 - 26; Arlene M. Sauser, Chief, Adult Probation Department, May 13 - 16, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. 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 Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [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 Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Imperative Resolutions] Adopted [Commending Edward J. Sharkey] Resolution commending Edward J. Sharkey on the occasion of his 100th Birthday on May 18, 1996, and for his service to San Francisco and its War Memorial and Veterans. File 006-96-063, Resolution No. 376-96 Supervisor Shelley presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Fred and Ernestine Campagnoli Day] Resolution commending Fred and Ernestine Campagnoli for their years of dedication to the City of San Francisco and declaring May 11, 1996 as Fred and Ernestine Campagnoli Day in San Francisco. File 006-96-064, Resolution No. 377-96 Supervisors Shelley, Alioto, Teng, Leal, Kaufman, Yaki, Hsieh presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Commending Irene Yee Riley] Resolution commending Irene Yee Riley's promotion to District Manager of the Bank of America. File 006-96-065, Resolution No. 378-96 Supervisors Teng, Hsieh, Kaufman, Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Commending Bruce Kapsack, Esq.] Resolution commending Bruce Kapsack, Esq. for his exemplary conduct and dedicated public service while serving as staff attorney for the Office of Citizen Complaints. File 006-96-066, Resolution No. 379-96 Supervisors Ammiano, Kennedy, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Portsmouth Square Parking Garage] Ordinance approving a second amendment to the Portsmouth Square Public Parking Lease between the City and County of San Francisco and the San Francisco Portsmouth Plaza Parking Corporation, which provides for quarterly rather than annual payments of rent, and strengthens the City's termination rights under the lease. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 047-96-003. [Use of Surplus Campaign Funds] Ordinance amending Administrative Code, by amending Section 16.510 to provide that individuals who cease to be a candidate for local office, or who fail to qualify as a candidate for local office, and who have unexpended campaign funds, may donate the unexpended funds to the General Fund of the City and County of San Francisco. Supervisor Shelley presented. Referred to Rules Committee. File 097-96-029. [Bayview Senior Housing Project] Ordinance amending City Planning Code by adding Section 263.XX to create special exceptions in the 40-65-J Special Height and Bulk District. Supervisor Kennedy presented. Referred to Housing and Land Use Committee. File 115-96-005. Referred to Board [Commending Citizen Volunteers] Resolution commending citizens who volunteer their time for the benefit of the City of San Francisco, noting that their contributions are greatly valued and encouraging the people and governmental agencies of San Francisco to join in, celebrate and support their efforts to continue to improve the quality of life for all San Franciscans. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 006-96-067. [Commending Geo/Resource Consultants, Inc.] Resolution commending Geo/Resource Consultants, Inc., on their 20th Anniversary. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 006-96-068. [Market Heights Affordable Housing] Resolution commending the Bernal Heights Housing Corporation for building Market Heights and welcoming its first residents. Supervisors Shelley, Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 006-96-069. [Asian American Day in the Park] Resolution commending Asian American Day in the Park, Jest Jammin's 25th Anniversary and Norman Fong. Supervisors Teng, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 006-96-070. Referred to Committee [Opposing Senate Bill 1695] Resolution opposing Senate Bill 1695, Family Day Care Bill, to be heard on May 8, 1996 in the Senate Health and Human Services Committee. Supervisor Teng presented. Referred to Government Efficiency/Labor Committee. File 012-96-025. Referred to Board [Stop Intersection, 30th Avenue/Clement Street] Resolution designating 30th Avenue and Clement Street as an All-Way "Stop" intersection. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 018-96-007. Referred to Committee [Settlement of Claim] Resolution approving the settlement of the unlitigated claim of the City and County of San Francisco against the Portsmouth Plaza Parking Corporation in the amount of $544,476. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 049-96-001. Referred to Board [Federal Grant-Enterprise Community Program] Resolution authorizing the Mayor to accept and expend Social Services Block Grant (SSBG) Funds in a total amount not to exceed $2,947,368 from the California Department of Social Services for the U.S. Department of Housing and Urban Development-Administered Empowerment Zone/Enterprise Community Program. Supervisors Leal, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 068-96-004. [Elections Task Force] Resolution urging the Mayor and the Registrar of Voters to appoint members to any vacant positions on the Elections Task Force created by voter approved Proposition L and urging the Mayor to provide supplemental appropriation of funds needed to complete its work. Supervisors Ammiano, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 13, 1996. File 092-96-024. Referred to Committee [Domestic Partners] Resolution urging the Chief Administrative Officer and the City Attorney to submit to the Board of Supervisors legislation amending the Administrative Code to provide domestic partners the right to control the disposition of a decedent's partner's bodily remains, and to so reflect said right on the form entitled "Affidavit in Support of Claim to Control Disposition of Bodily Remains pursuant to Health and Safety Code Section 7100". Supervisors Ammiano, Bierman presented. Referred to Government Efficiency/Labor Committee. File 097-96-030. [Federal Grant-Asian American Arts Initiative] Resolution authorizing the San Francisco Art Commission to apply for retroactively, accept, and expend $86,100 of National Endowment for the Arts Planning & Stabilization Grant funds to support an Asian American Arts Community Development Initiative in defining and developing the appropriate structure for facilitating more efficient resource acquisition and management, more effective audience development and productive collaborations, and better support for arts groups and artists rooted in, or growing out of San Francisco's Asian American population, waiving 2% associated indirect costs. Supervisor Teng presented. Referred to Government Efficiency/Labor Committee. File 132-96-001. [Federal Grant] Resolution authorizing retroactively the Department of Public Works to apply for, accept and expend $450,000 in Federal Funds for the Mission Street Lighting Project and waiving indirect costs. Supervisors Leal, Kaufman, Bierman presented. Referred to Government Efficiency/Labor Committee. File 148-96-003. [Empowerment Zone] Resolution urging the U.S. Housing and Urban Development Department to revise the regulations to allow the City and County of San Francisco to be considered for full Empowerment Zone status for all six neighborhoods or to include Chinatown and the Tenderloin as an Enterprise Community Area and to receive the benefits associated with that designation, including grant funds and access to facility bonds. Supervisors Teng, Bierman, Shelley presented. Referred to Government Efficiency/Labor Committee. File 161-96-002. [Affinity Phone Card Program] Resolution authorizing the Chief Administrative Officer to enter into an operating and licensing agreement with Winston Taylor for the development and operation of the San Francisco Affinity Phone Card Program and implementation thereunder. Supervisor Bierman presented. Referred to Government Efficiency/Labor Committee with request it be considered on May 14, 1996. File 186-96-003. [Joint Working Group-Parking System] Resolution urging the Department of Parking and Traffic and the San Francisco Unified School District to create a joint working group to propose a parking system at school sites that resolves problems experienced by teachers and staff. Supervisor Ammiano presented. Referred to Housing and Land Use Committee. File 190-96-003. [ABAG Finance Authority Membership] Resolution approving, authorizing and directing the execution and delivery of a joint exercise of powers agreement relating to the ABAG Finance Authority for Nonprofit Corporations, acknowledging and approving the by-laws thereof (including an indemnity contained therein), appointing a representative to the governing board thereof, authorizing the Board of Supervisors or the Mayor's Office to hold public hearings required by Section 147(f) of the Internal Revenue Code of 1986 in connection with projects to be located within the city and financed by the ABAG Finance Authority for Nonprofit Corporations, and designating either the Board of Supervisors or the Mayor as the applicable elected representative for purposes of Section 147(f) of the Internal Revenue Code of 1986. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered on May 15, 1996. File 241-96-001. [Final Negative Declaration] Resolution adopting final negative declaration, finding and determining that a reclassification from a P (Public) to an NC-3 (Moderate-Scale Neighborhood Commercial) District, conversion of a vacant, approximately 185,000 gross square foot office building to a school for students from pre-kindergarten through twelfth grade (National Center For International Schools), demolition of existing structures and construction of a gymnasium, and provision of parking for 115 automobiles for the property located at 129 and 150 Oak Street and 289 Fell Street, Assessor's Block 833, Lots 3 and 15 and Assessor's Block 837, Lots 18, 19 and 20, will have no significant impact on the environment, and adopting and incorporating findings of final negative declaration. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered on May 15, 1996. File 241-96-002. [TEFRA and NCIS Project Approval] Resolution approving the execution and delivery of not to exceed $22 million aggregate principal amount of Certificates of Participation for the financing of the National Center for International Schools Project. Supervisor Kaufman presented. Referred to Budget Committee with request it be considered on May 15, 1996. File 241-96-003. [Redevelopment Survey Area, North of Market] Resolution designating and describing a survey area within the City and County of San Francisco pursuant to the California Community Redevelopment Law. Supervisor Bierman presented. Referred to Housing and Land Use Committee with request it be considered on May 16, 1996. File 247-96-001. Requests for Hearings: [Accepting Waterville Street] Hearing to consider accepting Waterville Street as an accepted street in the City and County of San Francisco. Supervisor Kennedy presented. Referred to Economic Vitality/Social Policy Committee with request it be considered on May 14, 1996. File 009-96-001. [Aging Campus] Hearing to consider the development of a senior citizens' residential community to be called the "Aging Campus" modeled as a self-contained, self-sufficient, secured complex. Supervisor Kennedy presented. Referred to Housing and Land Use Committee. File 217-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 027-96-006. [Airport Lease Modification, Bank of America] Ordinance approving Modification of Lease for Bank of America NT & SA Financial Services Lease between Bank of America NT & SA and the City and County of San Francisco, acting by and through its Airports Commission. (Airports Commission) Referred to Government Efficiency/Labor Committee. File 034-96-002. [Sidewalk Width Regulations, Bryant/Ninth/Brannan] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1522 changing the official sidewalk widths on the southeasterly side of Bryant Street between Ninth Street and 275' northeasterly of Ninth Street, on the northeasterly side of Ninth Street between Bryant Street and Brannan Street, and on the northwesterly side of Brannan Street between Ninth Street and 275' northeasterly of Ninth Street, as shown on the Department of Public Works drawing labeled Q-20-418 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) Referred to Housing and Land Use Committee. File 045-96-027. [Barnes Construction Co., Inc. v. CCSF et al.] Ordinance authorizing settlement of litigation of Barnes Construction Co., Inc. against the City and County of San Francisco by payment of $15,000. (Superior Court No. 968-676). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-028. [Joseph Nugent/Catherine Schoop v. CCSF et al.] Ordinance authorizing settlement of litigation of Joseph Nugent and Catherine Schoop against the City and County of San Francisco by payment of $13,888.85. (Municipal Court No. 118698). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-029. [Morley Shapiro v. CCSF, et al.] Ordinance authorizing settlement of litigation of Morley Shapiro against the City and County of San Francisco by payment of $40,000. (Superior Court No. 958-035). (City Attorney) Referred to Government Efficiency/Labor Committee. File 046-96-008. [CCSF v. AVP Investments, et al.] Ordinance authorizing settlement of litigation of City and County of San Francisco v. AVP Investments, et al. and the City's purchase of Assessor's Block 2336, Lot 27, for open space for $2,340,000. (Superior Court Action No. 963-267). (City Attorney) Referred to Government Efficiency/Labor Committee. File 097-96-028. [Parking Authority] Ordinance amending Administrative Code by repealing Sections 17.2-1, 17.2-2, 17.3, 17.4, 17.5, 17.9, 17.10, 17.14, 17.15, 17.19 ,and 17.22 thereof, which set forth certain powers and responsibilities of the San Francisco Parking Authority that are no longer consistent with the San Francisco Charter, or Administrative Code, or current practice; amending Sections 17.1, 17.2, 17.6, 17.7, 17.8, 17.11, 17.16, 17.17, 17.18, 17.20, 17.21, and 17.23 thereof to make those sections consistent with the powers and responsibilities vested in the Parking and Traffic Commission by the San Francisco Charter, the Administrative Code and with current practice; and adding Sections 17.3, 17.8, 17.11, 17.12, and 17.16 thereto, which provide for certain powers and responsibilities of the Parking Authority consistent with the San Francisco Charter, the Administrative Code and current practice. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 101-95-002.03. [AAO Amendment, New Football Stadium] Ordinance amending the Annual Appropriation Ordinance for the year 1995-96 by adding Section 34 to authorize sequestration of funds for the new stadium to replace 3COM Park. (Also see File 172-96-2). (Recreation and Park Department) Referred to Budget Committee. File 101-95-078. [Appropriation, DPH-Mental Health/SFGH] Ordinance rescinding $621,105, Mental Health, of Mental Health Professional Services and appropriating $205,030 to salaries and fringe benefits for the creation of eighteen (18) full time equivalent positions at Mental Health, and transferring and appropriating $416,075 for San Francisco General Hospital for salaries, fringe benefits, non-personal services, materials and supplies and equipment purchase for the creation of two hundred twenty-two (222) full time equivalent positions for the operation of the Mental Health Rehabilitation Facility for fiscal year 1995-96; companion measure to File 102-95-19. RO #95200. (Controller) Referred to Budget Committee. File 101-95-079. [Appropriation, Assessor's Office] Ordinance amending the 1995-96 Annual Appropriation ordinance by appropriating $357,249, Assessor's Office, of AB 818 State Loan Revenue, for salaries, fringe benefits and equipment purchase for the creation of six (6) positions for staff support at the Assessor's Office, for the first year of a three-year project to reduce the assessment backlog; companion measure to File 102-95-20. RO #95202. (Controller) Referred to Budget Committee. File 101-95-080. [Appropriation, Department of Public Works] Ordinance appropriating $82,500, Department of Public Works, of 1989 Earthquake Safety Bond interest earnings to a capital improvement project (utility pipe bracing) at Laguna Honda Hospital for fiscal year 1995-96. RO #95203. (Controller) Referred to Budget Committee. File 102-95-019. [Salary Ordinance Amendment, DPH-Mental Health/SFGH] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Department of Public Health-Mental Health, reflecting the creation of eighteen (18) positions at Mental Health-Substance Abuse Services, and two hundred twenty-two (222) positions at San Francisco General Hospital for the operation of the Mental Health Rehabilitation facility for fiscal year 1995-96; companion measure to File 101-95-78. (Department of Human Resources) Referred to Budget Committee. File 102-95-020. [Salary Ordinance Amendment, Assessor's Office] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Assessor's Office, reflecting the creation of six (6) positions (Classification 4265 Senior Appraiser (1); 4261 Appraiser (2); 4220 Auditor (2); and 4203 Senior Assessment Clerk (1)); companion measure to File 101-95-79. (Department of Human Resources) Referred to Budget Committee. File 121-96-007. [Filing and License Fees, Police Permits] Ordinance amending Police Code by amending Sections 2.26, 2.26.1, 2.27, and 2.27.1 relating to permit filing fees and permit license fees. (Police Commission) Referred to Budget Committee. Resolutions Referred to Committee File 025-96-006. [Prop J Contract, Security Guard Services] Resolution concurring with the Controller's certification that security guard services at 1380 Howard Street, Suite 1000 can be performed by a private contractor for a lower cost that similar services performed by City and County employees. (Department of Parking and Traffic) Referred to Government Efficiency/Labor Committee. File 028-96-005. [Emergency Repair, Stockton/Laguna Sts/Julian Ave] 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 Stockton Street between Francisco Street and Bay Street, Laguna Street between Ellis Street and Cleary Court and Julian Avenue between 15th Street and 16th Street - $212,937. (Department of Public Works) Referred to Budget Committee. File 138-96-001. [Grant, Statutory Rape Vertical Prosecution Program] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend grant funds not to exceed the amount of $300,000 including indirect cost not to exceed the amount of $15,000 made available through the California Office of Criminal Justice Planning for the operation of the "Statutory Rape Vertical Prosecution Program" for the twelve month period February 1, 1996 through January 31, 1997. (District Attorney) Referred to Government Efficiency/Labor Committee. File 138-96-002. [State Grant, Spousal Abuser Prosecution Program] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds not to exceed $132,000.00 with no indirect costs available through the California Department of Justice for a project entitled "Spousal Abuser Prosecution Program" for the six-month period January 1, 1996 through June 30, 1996. (District Attorney) Referred to Government Efficiency/Labor Committee. File 138-96-003. [State Grant, Automobile Insurance Fraud] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $300,000.00 including indirect costs of $15,000.00 made available through the California Department of Insurance for a project entitled "The Investigation and Prosecution of Automobile Insurance Fraud" for the period of July 1, 1995 through June 30, 1996. (District Attorney) Referred to Government Efficiency/Labor Committee. File 138-96-004. [State Grant, Theft and Related Crimes] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $234,984, including indirect costs of $11,749 made available through the California Department of Insurance for a project intended to facilitate the prosecution of theft and related crimes for the period of July 1, 1994 to June 30, 1996. (District Attorney) Referred to Government Efficiency/Labor Committee. File 138-96-005. [State Grant, Worker's Compensation Fraud] Resolution authorizing the District Attorney of the City and County of San Francisco to retroactively apply for, accept and expend funds in the amount of $331,967.00 including indirect costs of $15,808 made available through the California Department of Insurance for a project entitled "The Investigation and Prosecution of Worker's Compensation Fraud" for the period of July 1, 1995 through June 30, 1996. (District Attorney) Referred to Government Efficiency/Labor Committee. File 142-96-001. [Water Rates - Finding] Resolution making a finding that no tax subsidy will be required by the San Fancisco Water Department by reason of approval of a proposed schedule of rates to be charged by the San Francisco Water Department for retail water service in San Francisco and suburban areas; companion measure to Files 142-96-1.1 and 142-96-1.1. (Public Utilities Commission) Referred to Budget Committee with direction to report back to Board May 20, 1996. File 142-96-001.01. [Approving Revised Rates, S.F./Suburban Areas] Resolution approving revised schedule of rates to be charged by the San Francisco Water Department for retail water service in San Francisco and suburban areas; companion measure to Files 142-96-1 and 142-96-1.2. (Public Utilities Commission) Referred to Budget Committee with direction to report back to Board 6/20/96. File 142-96-001.02. [Disapproving Revised Rates, S.F./Suburban Areas] Resolution disapproving revised schedule of rates to be charged by the San Francisco Water Department for retail water service in San Francisco and suburban areas; companion measure to Files 142-96-1 and 142-96-1.1. (Public Utilities Commission) Referred to Budget Committee with direction to report back to Board May 20, 1996. File 144-96-001. [Federal Grant, Track Rehabilitation Project] Resolution rescinding Resolution 778-93, authorizing the Executive Director of the Port of San Francisco to retroactively apply for, accept and expend $2.4 million from the Federal Highway Administration for the Track Rehabilitation Project on the Peninsula Corridor Mainline and releasing $700,000 of reserved funds for the purchase and installation of the Digicon Signalization System. (See Files 144-93-5 and 172-95-48). (Port) Referred to Government Efficiency/Labor Committee. File 146-96-003.01. [Grant Amendment, State Dept. of Rehabilitation] Resolution authorizing the Department of Public Health, Division of Community Mental Health Services, to accept and expend a grant in the amount of $201,997 from the State Department of Rehabilitation and to enter into a Cooperative Program Agreement and a Case Service Contract with the San Francisco Department of Rehabilitation District to provide vocational services to mentally-ill psychiatric clients, waiving indirect costs; rescinding Resolution No. 179-96. (See File 146-96-3) (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-007. [State Grant, Solid Waste Facilities Program] Resolution authorizing the Department of Public Health, Bureau of Environmental Health Management, to apply for and accept and expend a grant of $22,000, from the California Integrated Waste Management Board, for the support of the Bureau of Environmental Health Management, Local Enforcement Agency's solid waste facilities permitting and inspection program; waiving indirect cost. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 146-96-008. [State Grant, Emergency Medical Services Program] Resolution authorizing the Department of Public Health, Central Administration, Emergency Medical Services (EMS) Agency, to apply for retroactively, accept and expend a grant of $100,000, which includes indirect costs in the amount of $7,326, based on 22.2% of personnel expenditures from the State Emergency Medical Services Authority, to provide for review and upgrade of the Emergency Medical Services for Children program; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 148-95-007.01. [State Grant, Integrated Pest Management Project] Resolution authorizing the Director of the Department of Public Works to accept a one-year, $20,000 grant contract, renewable for up to two additional years, with the California Department of Pesticide Regulation, which requires the City to indemnify the State from claims in connection with the performance of the contract. (See File 148-95-7) (Department of Public Works) Referred to Government Efficiency/Labor Committee. File 172-96-015. [Food Stamp Trafficking Agreement Extension] Resolution authorizing the District Attorney, Food Stamp Task Force Division, to amend an existing agreement with the State of California Social Services, to include and extend the terms of the agreement beginning May 1, 1994 through December 31, 1996, to investigate food stamp trafficking. (See File 138-94-5) (District Attorney) Referred to Government Efficiency/Labor Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Shelley, that letter be sent to Director, Department of Parking and Traffic, to determine the proposed timeline and plan for the conversion of quarters-only meters to meters that accept quarters, nickels and dimes. By Supervisor Shelley, that letter be sent to the Director of the Department of Public Works inquiring into the status of the planning of the Crosstown tunnel, both locally and regionally, and the status of the alternative study which was requested in Resolution No. 948-94. By Supervisor Yaki, that City Attorney prepare a Charter Amendment to make appointees to the Juvenile Probation Commission serve at the pleasure of the Mayor in time for introduction on May 20, 1996. By Supervisor Ammiano, that City Attorney investigate and report to the Board of Supervisors regarding the ability of the Board under the City Charter and appropriate state law to adopt changes in the method of voting used in municipal elections by ordinance rather than a vote of the people, thus permitting use of methods such as preference or cumulative voting in local elections. By Supervisor Kennedy, that letter be sent to the Assembly Appropriations Committee, immediately (must meet Wednesday, May 8 deadline for next hearing) opposing AB 2167 (Richter) - property tax equity; opposing AB 2846 (Sweeney) - annexations within city spheres of influence; supporting AB 2867 (Cortese) - flood control bonds; supporting AB 3357 (Ackerman) - Liability for wild animal attacks; supporting AB 3382 (Knox) - concurrent sales of gas/alcohol; and opposing SB 1903 (Maddy) - property tax administration. By Supervisor Kennedy, that City Attorney prepare legislation to accept Waterville Street for consideration at the May 14, 1996 Economic Vitality and Social Policy Committee meeting. File 9-96-1. By Supervisor Kennedy, that letter be sent to various departments concerning possible street acceptance of Waterville Street and requesting their attendance at the May 14, 1996 Economic Vitality and Social Policy Committee meeting. File 9-96-1. By Supervisor Kennedy, that letter be sent to various departments requesting their attendance at hearing to consider model development called Aging Campus. File 217-96-1. Motions Adopted Motion that the Board adjourn its meeting this day out of respect to the memory of the following deceased: Charlene Henderson (By Supervisor Kennedy) Melinda Corpuz (By Supervisor Kennedy) Robert Boswell (By Supervisor Kennedy) Elizabeth McElroy Bogart (By Supervisor Bierman) David Molina (By the entire Board) File 2-96-19 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:14 p.m. adjourned. Jean C. Lum, Acting 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 May 28, 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