# Board of Supervisors Minutes: May 13, 1996 - Meeting date: 1996-05-13 - Document type: minutes - Source format: HTML - Extracted pages: 1 - [Canonical HTML transcript](https://sfbos.info/documents/1167/1996-05-13-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/index.aspx-page=10700.html) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 65-96-7: Lease Modification, Port/Franciscan Restaurant - Pages: 1 - Vote 1: continuance - Action: [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, Fisherman's' Wharf. (Port) File 65-96-7, Ordinance No. 190-96 (May 6, 1996 - Consideration continued to May 13, 1996.) Finally passed by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki ### File 21-96-1: Sewer Service Charge, 1996-97 - Pages: 1 - Vote 1: continuance - Action: [Sewer Service Charge, 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 (Filed April 15, 1996.) (May 6, 1996 - Consideration continued to May 13, 1996.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki ### File 101-95-75: Appropriation, Department of Public Health - Pages: 1 - Vote 1: rescission - Action: [Appropriation, Department of Public Health] Ordinance appropriating and rescinding $22,040,803, Department of Public Health, of revenues (Realignment Short Doyle Medi-Cal and Medical), contribution transfers, salaries and fringe benefits at the Department of Mental Health, Laguna Honda and San Francisco General Hospitals to address projected deficit for fiscal year 1995-96. (Controller) File 101-95-75, Ordinance No. Passed for second reading by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki ### File 97-96-25: General Assistance Grant, FY 1996-97 - Pages: 1 - Vote 1: amendment - Action: [General Assistance Grant, FY 1996-97] Ordinance amending Administrative Code (General Assistance Ordinance) relating to the cost of living adjustment of aid grants. (Mayor, Supervisor Kennedy) File 97-96-25, Ordinance No. (Amends Section 20.57.) Passed for second reading by the following vote: - Ayes: Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Noes: Alioto, Ammiano ### File 251-95-2.1: Bayshore Hester Assessment District - Pages: 1 - Vote 1: other - Action: [Bayshore Hester Assessment District] Resolution ordering changes and modifications to the Engineer's Report, including the assessment roll for the City and County of San Francisco Bayshore Hester Assessment District No. 95-1. Sponsors Supervisors Shelley, Kaufman, Bierman, Hsieh, Teng, Kennedy. File 251-95-2.1, Resolution No. 392-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 170-96-2: Bonds, Bayshore Hester Assessment District - Pages: 1 - Vote 1: continuance - Action: [Bonds, Bayshore Hester Assessment District] Resolution providing for the issuance of $1,030,000 principal amount of limited obligation improvement bonds; providing for the approval and execution and delivery by officers of the City and County of a fiscal agent agreement; providing for the appointment of a fiscal agent for the bonds and an assessment administrator; providing for the collection of assessments to pay the principal of and interest on said bonds; approving the notice of sale and preliminary official statement for said bonds; authorizing the execution of said bonds; approving an acquisition and funding agreement and a continuing disclosure agreement; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. Sponsors Supervisors Shelley, Kaufman, Bierman, Hsieh, Teng, Kennedy. File 170-96-2, Resolution No. 415-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 12-96-21: State Penal Code - Rape - Pages: 1 - Vote 1: other - Action: [State Penal Code - Rape] Resolution urging the State Legislature to increase the penalties for the crime of rape as defined in State Penal Code Sections 264 (a) and (b) and Penal Code Sections 186.22 (a) and (b); and urging the Governor and the State Legislature to increase funding for rape prevention programs. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy. File 12-96-21, Resolution No. 404-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 30-96-9: Rape - Sexual Assault and Treatment Services - Pages: 1 - Vote 1: other - Action: [Rape - Sexual Assault and Treatment Services] Resolution urging his Honor, the Mayor, to support the Department of Public Health Adult Sexual Assault Services Planning group's recommendations to develop an integrated sexual assault services system in the City and County and to urge the Commission on the Status of Women to enhance the sexual assault service delivery system for young women and girls in the City and County. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy. File 30-96-9, Resolution No. 407-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 236-96-1: Sexual Predator Law, AB 888 - Pages: 1 - Vote 1: other - Action: [Sexual Predator Law, AB 888] Resolution designating the District Attorney to assume responsibility for proceedings brought under AB 888, the new State sexual predator law. Sponsors Supervisors Kaufman, Alioto, Kennedy. File 236-96-1, Resolution No. Supervisor Kaufman, seconded by Supervisor Alioto, moved to rerefer to Committee. Motion to rerefer to Committee adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 97-95-56: Historic Property Restoration - Pages: 1 - Vote 1: amendment - Action: [Historic Property Restoration] Ordinance amending Administrative Code, to implement California Mills Act 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 to establish fee to pay for costs of entering Mills Act contract and administering this program. Sponsors Supervisors Bierman, Alioto, Kennedy. File 97-95-56, Ordinance No. (Adds Sections 71.1 through 71.6.) Passed for second reading by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 115-95-3.1: Review of Murals on Landmark Structures - Pages: 1 - Vote 1: continuance - Action: [Review of Murals on Landmark Structures] Ordinance amending City Planning Code, to require review of murals on landmarks or in a historic district. Sponsor Supervisor Bierman. File 115-95-3.1, Ordinance No. (Amends Sections 1005, 1006, 1006.6 and 1006.7.) (The legislation was amended by the Housing and Land Use Committee.) (General Rule Exclusion from environmental review.) The Clerk announced that the legislation was amended in committee and the Planning Code requires that this amended ordinance be referred back to the Planning Commission for further review. A motion to continue the item to June 10, 1996 would be in order to allow the Planning Commission adequate time to review the legislation and report back to the Board of Supervisors Supervisor Teng, seconded by Supervisor Yaki, moved to continue consideration to June 10, 1996. Motion to continue adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 34-96-1: Sidewalk Width Regulations, Indiana Street - Pages: 1 - Vote 1: amendment - Action: [Sidewalk Width Regulations, Indiana Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding Section 1521 changing official sidewalk width on the east side of Indiana Street between 23rd Street and Tubbs Street, as shown on the Department of Public Works drawing labeled Q-20-435 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 34-96-1, Ordinance No. Passed for second reading by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 36-96-3: Zoning Map Amendment, 1118 Capitol Avenue - Pages: 1 - Vote 1: amendment - Action: [Zoning Map Amendment, 1118 Capitol Avenue] Ordinance amending Planning Code, by adopting changes in property use classification as an amendment to the Zoning Map of the City and County for property generally described as 1118 Capitol Avenue, Assessor's Block 6937, Lot 26, from an RH-1 (House, One-Family) District to an RH-2 (House, Two-Family) District and adopting findings pursuant to Planning Code Section 101.1. (Department of City Planning) File 36-96-3, Ordinance No. (City Planning Resolution No. 14083, adopted 3/21/96.) (Exempt from environmental review per Certificate of Determination issued January 19, 1996.) Passed for second reading by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 90-96-2: Landmark Designation, Milo Hoadley Residence - Pages: 1 - Vote 1: other - Action: [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) File 90-96-2, Ordinance No. (City Planning Resolution No. 14079, adopted 3/14/96.) (Landmarks Preservation Advisory Board Resolution No. 481, adopted 11/15/95.) Passed for second reading by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 10-96-2: Encroachment Permit, 62-64 Bonview Street - Pages: 1 - Vote 1: other - Action: [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) File 10-96-2, Resolution No. 400-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 10-96-3: Encroachment Permit, Golden Gate Ave/Larkin Street - Pages: 1 - Vote 1: other - Action: [Encroachment Permit, Golden Gate Ave/Larkin Street] Resolution granting revocable permission to the Clark Construction Group, Inc. to temporarily close and occupy the southerly sidewalk and a portion of the street area on Golden Gate Avenue, between Polk and Larkin Streets, and the westerly sidewalk and a portion of the street area on Larkin Street, between McAllister Street and Golden Gate Avenue during construction operations for the State Office Building Project at 455 Golden Gate Avenue and 350 McAllister Street (Block 765, Lots 2 and 3). (Department of Public Works) File 10-96-3, Resolution No. 401-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 42-96-2: Temporary Closure of Wayne Place - Pages: 1 - Vote 1: other - Action: [Temporary Closure of Wayne Place] Resolution urging the Department of Parking and Traffic and Department of Public Works to support the temporary closure and improvements of Wayne Place for children's recreational activities operated by the Wu Yee Children's Services. Sponsors Supervisors Teng, Bierman, Ammiano, Shelley, Yaki, Kennedy. File 42-96-2, Resolution No. 408-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 151-96-1: Northeastern Waterfront Survey Area - Pages: 1 - Vote 1: amendment - Action: [Northeastern Waterfront Survey Area] Resolution amending Resolutions 141-77, 607-91 and 125-95 designating and describing the Northeastern Waterfront Survey Area by adding real property to said survey area (to potentially provide land for the proposed Giant's Downtown Ballpark). Sponsors Supervisors Shelley, Teng, Alioto, Yaki, Hsieh, Kennedy. File 151-96-1, Resolution No. 414-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kaufman, Leal ### File 223-96-15: Liquor License, 1765 California Street - Pages: 1 - Vote 1: other - Action: [Liquor License, 1765 California Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine license for Whole Foods Market located at 1765 California 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. (Housing and Land Use Committee) File 223-96-15, Resolution No. 416-96 Adopted by the following vote: - Ayes: Alioto, Bierman, Hsieh, Kaufman, Shelley, Teng - Vote 2: other - Action: Action text unavailable. - Noes: Ammiano, Kennedy, Yaki - Vote 3: other - Action: Action text unavailable. - Absent: Leal ### File 223-96-16: Liquor License Transfer, 4 Valencia Street - Pages: 1 - Vote 1: other - Action: [Liquor License Transfer, 4 Valencia Street] Resolution determining that the transfer of a Type 48 on-sale general premise liquor license for Martuni's Inc., located at 4 Valencia Street, from a store located at 580 Pacific Avenue, 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. (Housing and Land Use Committee) File 223-96-16, Resolution No. 417-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Noes: Kennedy - Vote 3: other - Action: Action text unavailable. - Absent: Leal ### File 24-96-3: Appeal, Sidewalk Encroachment, 1350 Florida Street - Pages: 1 - Vote 1: rejection - Action: [Appeal, Sidewalk Encroachment, 1350 Florida Street] Motion upholding the appeal of a decision by the Department of Public Works, which denied the issuance of a Minor Sidewalk Encroachment Permit to install: (1) two pipe barriers, 6 feet apart, 4 feet high, 3-1/2 feet from property line, with a fence, shrubs, flowers, etc.; (2) place one pipe barrier on the middle of the driveway removable with a lock, a foot or parallel from the curb, to prevent motorists from driving on the sidewalk at that location; and granting the issuance of a minor sidewalk encroachment permit for the property at 1350 Florida Street, which will allow the applicant to place one removable bollard placed at the curb within the driveway at 1350 Florida Street. (Housing and Land Use Committee) File 24-96-3 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 92-95-12: Appointment - Pages: 1 - Vote 1: other - Action: [Appointment] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, for unexpired portion of four-year term ending June 25, 1997; making finding waiving residency requirement. (Rules Committee) File 92-95-12, Resolution No. 389-96 (John "Pete" Peterson, vice Robert J. Boileau, Seat No. 26704, Building Trade, resigned.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 92-95-28.1: Appointments - Pages: 1 - Vote 1: other - Action: [Appointments] Resolution appointing members to the Delinquency Prevention Commission. (Rules Committee) File 92-95-28.1, Resolution No. 390-96 (Joshua Bloom, vice Father James M. Goode, Seat No. 21809, resigned, for unexpired portion of term ending December 31, 1996; Megan Burke, vice Elizabeth Youhn, Seat No. 21819, resigned, for unexpired portion of term ending June 30, 1999.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 92-95-48.2: Appointments - Pages: 1 - Vote 1: other - Action: [Appointments] Resolution appointing members to the Telecommunications Policy Committee, terms expired, for new two-year terms ending February 1, 1998. (Rules Committee) File 92-95-48.2, Resolution No. 391-96 (Michael B. Freeman, vice Carol C. Hull, Seat No. 21606, public-at-large; Maria Luz Agudelo, vice Edd Dundas, Seat No. 21605, public-at-large.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 12-96-12: School-to-Career Opportunities Act - Pages: 1 - Vote 1: other - Action: [School-to-Career Opportunities Act] Resolution supporting SB 643, the School-to-Career Opportunities Act and directing the State Legislative Representative to work towards strengthening the Act and furthering its passage. Sponsors Supervisors Shelley, Alioto, Teng. File 12-96-12, Resolution No. 402-96 Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 12-96-17: Absentee Voter Procedures - Pages: 1 - Vote 1: amendment - Action: ny 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. Sponsors Supervisors Kaufman, Bierman, Shelley, Ammiano, Leal, Ammiano, Alioto, Teng. File 12-96-17, Resolution No. 403-96 Supervisor Kaufman, seconded by Supervisor Leal, moved an amendment of the whole entitled, "Resolution resolving that California Election Code Section 3017 discriminates against absentee voters based on their marital and family 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." Motion to amend adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal - Vote 3: amendment - Action: Adopted as amended by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 4: other - Action: Action text unavailable. - Absent: Leal ### File 92-96-1: Appointment - Pages: 1 - Vote 1: other - Action: [Appointment] Resolution appointing member to the Advisory Council to the Commission on the Aging, for two-year term ending March 31, 1998. (Rules Committee) File 92-96-1, Resolution No. 409-96 (Ernestine Pina McGoldrick, vice Daisie Flor V. Harrison, Seat No. 20307, term expired.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 92-96-18: Appointment - Pages: 1 - Vote 1: other - Action: [Appointment] Resolution appointing member to the Delinquency Prevention Commission for unexpired portion of four-year term ending December 31, 1998. (Rules Committee) File 92-96-18, Resolution No. 410-96 (Melanie DewBerry, vice David Inocencio, Seat No. 21805, interest and knowledge regarding juvenile delinquency prevention, resigned.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 92-96-22.1: Appointments - Pages: 1 - Vote 1: other - Action: [Appointments] Resolution appointing members to the City-Wide Alcoholism Advisory Board, terms expiring July 1, 1996, for new three-year terms ending July 1, 1999. (Rules Committee) File 92-96-22.1, Resolution No. 411-96 (Robert Nelson, Jr., vice himself, Seat No. 20603, Professional, research or personal interest in alcoholism; Rev. Timothy Downs, vice himself, Seat No. 20604, Professional, research or personal interest in alcoholism; Deborah Doyle, vice herself, Seat No. 20605, Professional, research or personal interest in alcoholism.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal ### File 92-96-23: Appointment - Pages: 1 - Vote 1: other - Action: [Appointment] Resolution appointing member to the San Francisco Environment Commission, for new three-year term ending May 12, 1999. (Rules Committee) File 92-96-23, Resolution No. 412-96 (Paul Okamoto, vice himself, Seat No. 26513, term expired.) Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Leal - Vote 3: other - Action: Conference with City Attorney - Litigation From the President Adopted Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the existing litigation of Williams v. San Francisco, U.S. District Court Nos. C96-0705 SBA and C96-1337 SBA, as permitted by Government Code Section 54956.9(a). Supervisor Kaufman, seconded by Supervisor Teng, moved adoption. - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 4: other - Action: Action text unavailable. - Absent: Leal - Vote 5: other - Action: Recess The Board recessed at the hour of 4:16 p.m. to convene in closed session pursuant to above motion. Reconvening of the Board The Board, at the hour of 5:22 p.m., reconvened. Noted Present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Noted absent: Supervisor Leal - 1. Quorum present. Report on Closed Session Deputy City Attorney Tom Owen reported that the Board had met in closed session with the City Attorney for the purpose of reviewing the existing litigation of Williams v. San Francisco, U.S. District Court Nos. C96-0705 SBA and C96-1337 SBA, as permitted by Government Code Section 54956.9(a). The meeting was informational only and no action was taken. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations in pending employee relations negotiations. Supervisor Kaufman, seconded by Supervisor Teng, moved adoption. Motion adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - Vote 6: other - Action: Action text unavailable. - Absent: Leal ### File 6-96-67: Commending Citizen Volunteers - Pages: 1 ### File 6-96-68: Commending Geo/Resource Consultants, Inc. - Pages: 1 ### File 6-96-69: Market Heights Affordable Housing - Pages: 1 ### File 6-96-70: Asian American Day in the Park - Pages: 1 ### File 18-96-7: Stop Intersection, 30th Avenue/Clement Street - Pages: 1 ### File 68-96-4: Federal Grant-Enterprise Community Program - Pages: 1 ### File 92-96-24: Elections Task Force - Pages: 1 ### File 58-96-11: Final Map, 313 2nd Avenue - Pages: 1 ### File 58-96-12: Final Map, 690 Church Street - Pages: 1 - Vote 1: referral - Action: [Final Map, 690 Church Street] Motion approving final map of 690 Church Street, a Condominium Project, being a resubdivision of Lot 12A in Assessor's Block 3585, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-12 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 1-96-20: Leaves of Absence - Pages: 1 - Vote 1: other - Action: [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 1-96-20, Resolution No. 393-96 (Mary I. Callanan, Treasurer, Office of the Treasurer, May 3 - 6; Gene DeMartini, Commissioner, Juvenile Probation Commission, May 8 - 14; David C. Frieders, Agricultural Commissioner/Director of Wts. & Measures, May 6 - 10; V. C. Gee, Commission Chair, Ethics Commission, May 17 - 27; Jon Henry Kouba, President, Redevelopment Agency, May 2 - 12; Jane Morrison, President, Social Services Commission, May 31 - June 17; Sululagi Palega, Sr., Commissioner, Social Services Commission, June 28 - July 5; Anson B. Moran, General Manager, Public Utilities, May 20 - 24; Richard A. Sullivan, Tax Collector, Office of the Treasurer/Tax Collector, May 17 - 19; Emily J. Sano, Director, Asian Art Museum, May 2 - 4 and May 7 - 11; Ted N. Soulis, Commissioner, Fire Commission, May 9 - 13, 1996.) Adopted. The foregoing items on the Immediate Adoption Calendar were adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal - Vote 3: other - Action: IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Teng, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 4: other - Action: Action text unavailable. - Absent: Kennedy, Leal - Vote 5: other - Action: [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Teng, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 6: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 004-96-011: Proclaiming Try Transit Week - Pages: 1 - Vote 1: other - Action: [Proclaiming Try Transit Week] Resolution declaring May 13-17, 1996 to be "Try Transit Week" in San Francisco and encouraging San Franciscans to utilize public transportation. File 004-96-011, Resolution No. 394-96 Supervisors Hsieh, Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki presented for immediate adoption. Resolution adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 004-96-013: Proclaiming Leslie Miko Day - Pages: 1 - Vote 1: other - Action: [Proclaiming Leslie Miko Day] Resolution proclaiming May 13, 1996 Leslie Miko Day in San Francisco. File 004-96-013, Resolution No. 395-96 Supervisors Yaki, Shelley, Bierman presented for immediate adoption. Resolution adopted by the following vote: - Ayes: Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - Vote 2: other - Action: Action text unavailable. - Absent: Kennedy, Leal ### File 093-94-022.02: MOU - Physicians & Dentists Unit 8CC - Pages: 1 ### File 093-94-023.02: MOU - Physicians and Dentists Unit 11AA - Pages: 1 ### File 003-96-001.01: Lien - Pages: 1 ### File 097-96-031: Memberships - Board of Supervisors - Pages: 1 ### File 121-96-008: Home Delivery Services - Pages: 1 ### File 121-96-009: Gun Free Zone - Pages: 1 ### File 121-96-010: Sale of Saturday Night Specials - Pages: 1 ### File 127-96-005: Summer Youth Employment Credit - Pages: 1 ### File 004-96-012: Proclaiming Stand For Children Day - Pages: 1 ### File 006-96-071: Commending Joseph W. Cotchett, Jr. - Pages: 1 ### File 012-96-026: State Legislation, Opposing AB 2167 - Pages: 1 ### File 013-96-020: Federal Legislation, Opposing HR 3396 - Pages: 1 ### File 033-96-004: Appointment - Pages: 1 ### File 132-96-002: Grant, Art Commission - Pages: 1 ### File 169-96-001: Street Artists - Pages: 1 ### File 169-96-002: Street Artists - Pages: 1 ### File 169-96-003: Street Artists - Pages: 1 ### File 107-96-002: General Assistance Program - Pages: 1 ### File 127-96-006: Payment of Property Taxes - Pages: 1 ### File 244-96-003: Hunters Point Shipyard - Pages: 1 ### File 244-96-004: Hunters Point Shipyard - Pages: 1 ### File 265-96-001: Preservation of Neighborhood Business - Pages: 1 ### File 030-96-001.09: Local Emergency, Needle Exchange Program - Pages: 1 ### File 054-96-004: Specifications for City Seal and Flag - Pages: 1 ### File 058-96-015: Final Map, Bayshore Hester Heights - Pages: 1 ### File 196-96-001: Filing Amicus Brief - Pages: 1 ## Extracted text ### [Page 1](https://sfbos.info/documents/1167/1996-05-13-minutes#page-1) JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, May 13, 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 2:08 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Yaki - 8. Noted absent at first roll call: Supervisors Alioto, Teng - 2. Quorum present. Supervisor Alioto was noted present at 2:10 p.m. Supervisor Teng was noted present at 2:09 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Kennedy, moved that the Journal of Proceedings for Monday, April 22, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. COMMUNICATION The Clerk presented the following communication from Lynette Sweet, San Francisco Redevelopment Agency Commissioner: John L. Taylor, Clerk Board of Supervisors 401 Van Ness Avenue, Room 308 San Francisco, CA 94102 Dear Mr. Taylor: This letter is prompted by the requirements of California Health and Safety Code Section 33130(a). That section requires that any member of a redevelopment agency commission must disclose ownership of property within a redevelopment project area to the community's legislative body. That section further provides that such disclosure is to be entered on the minutes of the legislative body. Accordingly, I am hereby disclosing that property I own at 25 Rebecca Lane is located within Hunters Point Redevelopment Project Area, and requesting that this disclosure be entered on the Board of Supervisors' minutes. Thank You Very truly yours, Lynette Sweet Agency Commissioner Appointment of President Pro Tempore At the request of the President, Supervisor Kaufman assumed the Chair so the President could make a presentation. Suspension of the Rules Presentation Made Supervisor Ammiano, seconded by Supervisor Kennedy, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors to make a presentation. Motion to suspend the rules adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10 Supervisor Shelley made a presentation to Supervisor Yaki, on behalf of the entire Board, in recognition of his marriage to Christina Moore on Saturday, May 11, 1996. The President resumed the Chair. Presentation of Guests Supervisor Teng introduced and welcomed a group of students participating in the Neighborhood Computer After school Program of the Career Resources Development Center in the Tenderloin. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Government Efficiency and Labor Committee Finally Passed [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, Fisherman's' Wharf. (Port) File 65-96-7, Ordinance No. 190-96 (May 6, 1996 - Consideration continued to May 13, 1996.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. 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 Chief Administrative Officer Adopted [Sewer Service Charge, 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 (Filed April 15, 1996.) (May 6, 1996 - Consideration continued to May 13, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. The President resumed the Chair. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Department of Public Health] Ordinance appropriating and rescinding $22,040,803, Department of Public Health, of revenues (Realignment Short Doyle Medi-Cal and Medical), contribution transfers, salaries and fringe benefits at the Department of Mental Health, Laguna Honda and San Francisco General Hospitals to address projected deficit for fiscal year 1995-96. (Controller) File 101-95-75, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [General Assistance Grant, FY 1996-97] Ordinance amending Administrative Code (General Assistance Ordinance) relating to the cost of living adjustment of aid grants. (Mayor, Supervisor Kennedy) File 97-96-25, Ordinance No. (Amends Section 20.57.) Passed for second reading by the following vote: Ayes: Supervisors Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 8. Noes: Supervisors Alioto, Ammiano - 2. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. Appointment of President Pro Tempore At the request of the President, Supervisor Kennedy assumed the Chair so the President could participate in the debate. Adopted [Bayshore Hester Assessment District] Resolution ordering changes and modifications to the Engineer's Report, including the assessment roll for the City and County of San Francisco Bayshore Hester Assessment District No. 95-1. Sponsors Supervisors Shelley, Kaufman, Bierman, Hsieh, Teng, Kennedy. File 251-95-2.1, Resolution No. 392-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Teng, Kennedy requested to be added as co-sponsors. [Bonds, Bayshore Hester Assessment District] Resolution providing for the issuance of $1,030,000 principal amount of limited obligation improvement bonds; providing for the approval and execution and delivery by officers of the City and County of a fiscal agent agreement; providing for the appointment of a fiscal agent for the bonds and an assessment administrator; providing for the collection of assessments to pay the principal of and interest on said bonds; approving the notice of sale and preliminary official statement for said bonds; authorizing the execution of said bonds; approving an acquisition and funding agreement and a continuing disclosure agreement; and providing for the execution of documents in connection therewith and ratifying previous actions taken in connection therewith. Sponsors Supervisors Shelley, Kaufman, Bierman, Hsieh, Teng, Kennedy. File 170-96-2, Resolution No. 415-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Teng, Kennedy requested to be added as co-sponsors. The President resumed the Chair. Recommendations of Health, Public Safety and Environment Committee Adopted [State Penal Code - Rape] Resolution urging the State Legislature to increase the penalties for the crime of rape as defined in State Penal Code Sections 264 (a) and (b) and Penal Code Sections 186.22 (a) and (b); and urging the Governor and the State Legislature to increase funding for rape prevention programs. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy. File 12-96-21, Resolution No. 404-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy requested to be added as co-sponsors. [Rape - Sexual Assault and Treatment Services] Resolution urging his Honor, the Mayor, to support the Department of Public Health Adult Sexual Assault Services Planning group's recommendations to develop an integrated sexual assault services system in the City and County and to urge the Commission on the Status of Women to enhance the sexual assault service delivery system for young women and girls in the City and County. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy. File 30-96-9, Resolution No. 407-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Yaki, Ammiano, Bierman, Teng, Shelley, Kennedy requested to be added as co-sponsors. Rereferred to Committee [Sexual Predator Law, AB 888] Resolution designating the District Attorney to assume responsibility for proceedings brought under AB 888, the new State sexual predator law. Sponsors Supervisors Kaufman, Alioto, Kennedy. File 236-96-1, Resolution No. Supervisor Kaufman, seconded by Supervisor Alioto, moved to rerefer to Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. Recommendations of Housing and Land Use Committee Passed for Second Reading [Historic Property Restoration] Ordinance amending Administrative Code, to implement California Mills Act 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 to establish fee to pay for costs of entering Mills Act contract and administering this program. Sponsors Supervisors Bierman, Alioto, Kennedy. File 97-95-56, Ordinance No. (Adds Sections 71.1 through 71.6.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. Consideration Continued [Review of Murals on Landmark Structures] Ordinance amending City Planning Code, to require review of murals on landmarks or in a historic district. Sponsor Supervisor Bierman. File 115-95-3.1, Ordinance No. (Amends Sections 1005, 1006, 1006.6 and 1006.7.) (The legislation was amended by the Housing and Land Use Committee.) (General Rule Exclusion from environmental review.) The Clerk announced that the legislation was amended in committee and the Planning Code requires that this amended ordinance be referred back to the Planning Commission for further review. A motion to continue the item to June 10, 1996 would be in order to allow the Planning Commission adequate time to review the legislation and report back to the Board of Supervisors Supervisor Teng, seconded by Supervisor Yaki, moved to continue consideration to June 10, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. Passed for Second Reading [Sidewalk Width Regulations, Indiana Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding Section 1521 changing official sidewalk width on the east side of Indiana Street between 23rd Street and Tubbs Street, as shown on the Department of Public Works drawing labeled Q-20-435 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 34-96-1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Zoning Map Amendment, 1118 Capitol Avenue] Ordinance amending Planning Code, by adopting changes in property use classification as an amendment to the Zoning Map of the City and County for property generally described as 1118 Capitol Avenue, Assessor's Block 6937, Lot 26, from an RH-1 (House, One-Family) District to an RH-2 (House, Two-Family) District and adopting findings pursuant to Planning Code Section 101.1. (Department of City Planning) File 36-96-3, Ordinance No. (City Planning Resolution No. 14083, adopted 3/21/96.) (Exempt from environmental review per Certificate of Determination issued January 19, 1996.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [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) File 90-96-2, Ordinance No. (City Planning Resolution No. 14079, adopted 3/14/96.) (Landmarks Preservation Advisory Board Resolution No. 481, adopted 11/15/95.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. Adopted [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) File 10-96-2, Resolution No. 400-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Encroachment Permit, Golden Gate Ave/Larkin Street] Resolution granting revocable permission to the Clark Construction Group, Inc. to temporarily close and occupy the southerly sidewalk and a portion of the street area on Golden Gate Avenue, between Polk and Larkin Streets, and the westerly sidewalk and a portion of the street area on Larkin Street, between McAllister Street and Golden Gate Avenue during construction operations for the State Office Building Project at 455 Golden Gate Avenue and 350 McAllister Street (Block 765, Lots 2 and 3). (Department of Public Works) File 10-96-3, Resolution No. 401-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Temporary Closure of Wayne Place] Resolution urging the Department of Parking and Traffic and Department of Public Works to support the temporary closure and improvements of Wayne Place for children's recreational activities operated by the Wu Yee Children's Services. Sponsors Supervisors Teng, Bierman, Ammiano, Shelley, Yaki, Kennedy. File 42-96-2, Resolution No. 408-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Shelley, Yaki, Kennedy requested to be added as co-sponsors. Appointment of President Pro Tempore At the request of the President, Supervisor Bierman assumed the Chair so the President could participate in the debate. [Northeastern Waterfront Survey Area] Resolution amending Resolutions 141-77, 607-91 and 125-95 designating and describing the Northeastern Waterfront Survey Area by adding real property to said survey area (to potentially provide land for the proposed Giant's Downtown Ballpark). Sponsors Supervisors Shelley, Teng, Alioto, Yaki, Hsieh, Kennedy. File 151-96-1, Resolution No. 414-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisor Kaufman, Leal - 2. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. The President resumed the Chair. [Liquor License, 1765 California Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine license for Whole Foods Market located at 1765 California 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. (Housing and Land Use Committee) File 223-96-15, Resolution No. 416-96 Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Shelley, Teng - 6. Noes: Supervisors Ammiano, Kennedy, Yaki - 3. Absent: Supervisor Leal - 1. [Liquor License Transfer, 4 Valencia Street] Resolution determining that the transfer of a Type 48 on-sale general premise liquor license for Martuni's Inc., located at 4 Valencia Street, from a store located at 580 Pacific Avenue, 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. (Housing and Land Use Committee) File 223-96-16, Resolution No. 417-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Noes: Supervisor Kennedy - 1. Absent: Supervisor Leal - 1. [Appeal, Sidewalk Encroachment, 1350 Florida Street] Motion upholding the appeal of a decision by the Department of Public Works, which denied the issuance of a Minor Sidewalk Encroachment Permit to install: (1) two pipe barriers, 6 feet apart, 4 feet high, 3-1/2 feet from property line, with a fence, shrubs, flowers, etc.; (2) place one pipe barrier on the middle of the driveway removable with a lock, a foot or parallel from the curb, to prevent motorists from driving on the sidewalk at that location; and granting the issuance of a minor sidewalk encroachment permit for the property at 1350 Florida Street, which will allow the applicant to place one removable bollard placed at the curb within the driveway at 1350 Florida Street. (Housing and Land Use Committee) File 24-96-3 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. Recommendations of Rules Committee Adopted [Appointment] Resolution appointing member to the Lead Hazard Reduction Citizens Advisory Committee, for unexpired portion of four-year term ending June 25, 1997; making finding waiving residency requirement. (Rules Committee) File 92-95-12, Resolution No. 389-96 (John "Pete" Peterson, vice Robert J. Boileau, Seat No. 26704, Building Trade, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. [Appointments] Resolution appointing members to the Delinquency Prevention Commission. (Rules Committee) File 92-95-28.1, Resolution No. 390-96 (Joshua Bloom, vice Father James M. Goode, Seat No. 21809, resigned, for unexpired portion of term ending December 31, 1996; Megan Burke, vice Elizabeth Youhn, Seat No. 21819, resigned, for unexpired portion of term ending June 30, 1999.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Appointments] Resolution appointing members to the Telecommunications Policy Committee, terms expired, for new two-year terms ending February 1, 1998. (Rules Committee) File 92-95-48.2, Resolution No. 391-96 (Michael B. Freeman, vice Carol C. Hull, Seat No. 21606, public-at-large; Maria Luz Agudelo, vice Edd Dundas, Seat No. 21605, public-at-large.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [School-to-Career Opportunities Act] Resolution supporting SB 643, the School-to-Career Opportunities Act and directing the State Legislative Representative to work towards strengthening the Act and furthering its passage. Sponsors Supervisors Shelley, Alioto, Teng. File 12-96-12, Resolution No. 402-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. Adopted as Amended [Absentee Voter Procedures] Resolution resolving that California Election Code Section 3017 discriminates against absentee voters based on their marital and ((familial)) family 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. Sponsors Supervisors Kaufman, Bierman, Shelley, Ammiano, Leal, Ammiano, Alioto, Teng. File 12-96-17, Resolution No. 403-96 Supervisor Kaufman, seconded by Supervisor Leal, moved an amendment of the whole entitled, "Resolution resolving that California Election Code Section 3017 discriminates against absentee voters based on their marital and family 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." Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. In connection with the above item, Supervisors Leal, Ammiano, Alioto, Teng requested to be added as co-sponsors. Adopted [Appointment] Resolution appointing member to the Advisory Council to the Commission on the Aging, for two-year term ending March 31, 1998. (Rules Committee) File 92-96-1, Resolution No. 409-96 (Ernestine Pina McGoldrick, vice Daisie Flor V. Harrison, Seat No. 20307, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Appointment] Resolution appointing member to the Delinquency Prevention Commission for unexpired portion of four-year term ending December 31, 1998. (Rules Committee) File 92-96-18, Resolution No. 410-96 (Melanie DewBerry, vice David Inocencio, Seat No. 21805, interest and knowledge regarding juvenile delinquency prevention, resigned.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Appointments] Resolution appointing members to the City-Wide Alcoholism Advisory Board, terms expiring July 1, 1996, for new three-year terms ending July 1, 1999. (Rules Committee) File 92-96-22.1, Resolution No. 411-96 (Robert Nelson, Jr., vice himself, Seat No. 20603, Professional, research or personal interest in alcoholism; Rev. Timothy Downs, vice himself, Seat No. 20604, Professional, research or personal interest in alcoholism; Deborah Doyle, vice herself, Seat No. 20605, Professional, research or personal interest in alcoholism.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. [Appointment] Resolution appointing member to the San Francisco Environment Commission, for new three-year term ending May 12, 1999. (Rules Committee) File 92-96-23, Resolution No. 412-96 (Paul Okamoto, vice himself, Seat No. 26513, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. Conference with City Attorney - Litigation From the President Adopted Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the existing litigation of Williams v. San Francisco, U.S. District Court Nos. C96-0705 SBA and C96-1337 SBA, as permitted by Government Code Section 54956.9(a). Supervisor Kaufman, seconded by Supervisor Teng, moved adoption. Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. Recess The Board recessed at the hour of 4:16 p.m. to convene in closed session pursuant to above motion. Reconvening of the Board The Board, at the hour of 5:22 p.m., reconvened. Noted Present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Noted absent: Supervisor Leal - 1. Quorum present. Report on Closed Session Deputy City Attorney Tom Owen reported that the Board had met in closed session with the City Attorney for the purpose of reviewing the existing litigation of Williams v. San Francisco, U.S. District Court Nos. C96-0705 SBA and C96-1337 SBA, as permitted by Government Code Section 54956.9(a). The meeting was informational only and no action was taken. Adopted Motion that the Board of Supervisors finds that it is in the best interest of the public and elects not to disclose its closed session deliberations in pending employee relations negotiations. Supervisor Kaufman, seconded by Supervisor Teng, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng, Yaki - 9. Absent: Supervisor Leal - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Eula Walters, opposing building in Ferry Park; Eladio Ballestas, evictions; Leonard Ross, government entitlements; Laboriae Smoore, police brutality; Louise Vaughn, Aaron Williams death; Gregory Wiggins, gun incident on MUNI; Wendy Lauren, police problems; Sara Benefee, poverty and homelessness; Constance Kuruppu, pepper spray used by police; 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 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. Sponsors Supervisors Kaufman, Bierman, Kennedy. File 6-96-67, Resolution No. 396-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Kennedy requested to be added as co-sponsors. [Commending Geo/Resource Consultants, Inc.] Resolution commending Geo/Resource Consultants, Inc., on their 20th Anniversary. Sponsors Supervisors Teng, Yaki, Bierman, Kennedy. File 6-96-68, Resolution No. 397-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman, Kennedy requested to be added as co-sponsors. [Market Heights Affordable Housing] Resolution commending the Bernal Heights Housing Corporation for building Market Heights and welcoming its first residents. Sponsors Supervisors Shelley, Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Teng, Yaki. File 6-96-69, Resolution No. 398-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. [Asian American Day in the Park] Resolution commending Asian American Day in the Park, Jest Jammin's 25th Anniversary and Norman Fong. Sponsors Supervisors Teng, Shelley, Kaufman, Yaki, Bierman, Kennedy. File 6-96-70, Resolution No. 399-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Yaki, Bierman, Kennedy requested to be added as co-sponsors. [Stop Intersection, 30th Avenue/Clement Street] Resolution designating 30th Avenue and Clement Street as an all-way "Stop" intersection. Sponsors Supervisors Shelley, Yaki, Teng, Kennedy. File 18-96-7, Resolution No. 405-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Teng, Kennedy requested to be added as co-sponsors. [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. Sponsors Supervisors Leal, Bierman, Shelley, Teng, Kennedy. File 68-96-4, Resolution No. 388-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisors Teng, Kennedy requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Bierman, Kennedy. File 92-96-24, Resolution No. 413-96 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. [Final Map, 313 2nd Avenue] Motion approving final map of 313 2nd Avenue, a Condominium Project, being a resubdivision of Lot 3 in Assessor's Block 1434, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-11 (May 6, 1996 - Introduced in Board for consideration on May 13, 1996.) Adopted. [Final Map, 690 Church Street] Motion approving final map of 690 Church Street, a Condominium Project, being a resubdivision of Lot 12A in Assessor's Block 3585, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-12 (May 6, 1996 - Introduced in Board for consideration on May 13, 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, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 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 1-96-20, Resolution No. 393-96 (Mary I. Callanan, Treasurer, Office of the Treasurer, May 3 - 6; Gene DeMartini, Commissioner, Juvenile Probation Commission, May 8 - 14; David C. Frieders, Agricultural Commissioner/Director of Wts. & Measures, May 6 - 10; V. C. Gee, Commission Chair, Ethics Commission, May 17 - 27; Jon Henry Kouba, President, Redevelopment Agency, May 2 - 12; Jane Morrison, President, Social Services Commission, May 31 - June 17; Sululagi Palega, Sr., Commissioner, Social Services Commission, June 28 - July 5; Anson B. Moran, General Manager, Public Utilities, May 20 - 24; Richard A. Sullivan, Tax Collector, Office of the Treasurer/Tax Collector, May 17 - 19; Emily J. Sano, Director, Asian Art Museum, May 2 - 4 and May 7 - 11; Ted N. Soulis, Commissioner, Fire Commission, May 9 - 13, 1996.) Adopted. The foregoing items on the Immediate Adoption Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Teng, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Teng, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. [Imperative Resolutions] Adopted [Proclaiming Try Transit Week] Resolution declaring May 13-17, 1996 to be "Try Transit Week" in San Francisco and encouraging San Franciscans to utilize public transportation. File 004-96-011, Resolution No. 394-96 Supervisors Hsieh, Alioto, Ammiano, Bierman, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. [Proclaiming Leslie Miko Day] Resolution proclaiming May 13, 1996 Leslie Miko Day in San Francisco. File 004-96-013, Resolution No. 395-96 Supervisors Yaki, Shelley, Bierman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Absent: Supervisors Kennedy, Leal - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [MOU - Physicians & Dentists Unit 8CC] Ordinance amending Ordinance No. 331-94 to implement the provisions of a mediated settlement dated April 24, 1996 between the Union of American Physicians and Dentists for Bargaining Unit 8CC and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered on May 28, 1996. File 093-94-022.02. [MOU - Physicians and Dentists Unit 11AA] Ordinance amending Ordinance No. 331-94 to implement the provisions of a mediated settlement dated April 24, 1996 between the Union of American Physicians and Dentists for Bargaining Unit 11AA and the City and County of San Francisco for the period July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered on May 28, 1996. File 093-94-023.02. [Lien] Ordinance directing Tax Collector to expunge lien for $10,145.90 for unpaid water bills on property known as Booker T. Washington Community Service Center at 800 Presidio and authorizing Tax Collector to forgive debt including interest and penalties for the unpaid water bill. Supervisor Kennedy presented. Referred to Economic Vitality/Social Policy Committee with request it be considered on May 20, 1996. File 003-96-001.01. [Memberships - Board of Supervisors] Ordinance amending Administrative Code by amending Section 16.6-1 to add to the list of organizations in which the Board of Supervisors provides representation for the City and County of San Francisco, the Urban Counties Caucus. Supervisor Kennedy presented. Referred to Budget Committee. File 097-96-031. [Home Delivery Services] Ordinance amending Police Code by adding Section 3305.1 making it unlawful to refuse home delivery services to a residential address located within the business' normal delivery range. Supervisor Kennedy presented. Referred to Economic Vitality/Social Policy Committee with request it be considered on May 20, 1996. File 121-96-008. [Gun Free Zone] Draft Ordinance amending Police Code by amending Section 613.3 to prohibit the sale of firearms near churches, community centers and other locations where regularly scheduled activities are conducted for people under 18 years of age. Supervisors Yaki, Leal, Kaufman, Bierman presented. Referred to Health/Public Safety/Environment Committee File 121-96-009. [Sale of Saturday Night Specials] Draft Ordinance amending Police Code by amending Sections 613.1 and 613.10 to define and prohibit the sale of certain firearms deemed "Saturday Night Specials". Supervisors Leal, Yaki, Kaufman, Bierman presented. Referred to Health/Public Safety/Environment Committee File 121-96-010. [Summer Youth Employment Credit] Substitute Ordinance amending Part III, Article 12-A (Payroll Expense Tax) and 12-B (Business Tax) by adding Sections 906-C and 1005.7, respectively, to provide for credits against those taxes for businesses hiring youths between the ages of 14 and 21 for the summer; and providing that the provisions of these credits expire on December 31, 2001. Supervisors Yaki, Leal, Ammiano, Bierman, Teng, Alioto, Kaufman presented. Referred to Budget Committee File 127-96-005. Referred to Board [Proclaiming Stand For Children Day] Resolution supporting the Children's Defense Fund's "Stand For Children" Day and declaring June 1, 1996 as "Stand For Children Day" in San Francisco. Supervisor Teng presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 004-96-012. [Commending Joseph W. Cotchett, Jr.] Resolution commending Joseph W. Cotchett, Jr. for his many contributions to the legal profession and to his community. Supervisors Shelley, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 006-96-071. [State Legislation, Opposing AB 2167] Resolution opposing Assembly Bill 2167, which would take $87 Million in state funds from the San Francisco budget. Supervisors Hsieh, Kennedy presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 012-96-026. [Federal Legislation, Opposing HR 3396] Resolution opposing House Resolution 3396 (Barr) that would create a federal definition of marriage that only includes heterosexual couples and would prevent the federal government from recognizing legal same-sex marriages. Supervisors Alioto, Ammiano, Yaki, Leal, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 013-96-020. Referred to Committee [Appointment] Resolution confirming the appointment of Mary C. Dunlap, Interim Director of the Office of Citizen Complaints, as the permanent Director of the Office of Citizen Complaints. Supervisor Ammiano presented. Referred to Rules Committee. File 033-96-004. [Grant, Art Commission] Resolution authorizing the San Francisco Art Commission to apply for, accept and expend $20,000 of California Art Council grant funds to implement a new Collaborative Arts Education Project in Latin American Arts & Culture in partnership with the Mission Cultural Center for Latino Arts and five schools of the San Francisco Unified School District, waiving the 2% associated indirect costs. Supervisors Yaki, Leal presented. Referred to Government Efficiency/Labor Committee. File 132-96-002. [Street Artists] Resolution designating for four months six selling spaces on Hyde Street, east side, Beach to Jefferson Streets, for street artists certified by the Art Commission, City and County of San Francisco, and exempting said spaces from the regulations prohibiting selling within seven and a half feet of a sprinkler inlet and twelve feet from the outer edge of an entrance to a building. Supervisor Shelley presented. Referred to Housing and Land Use Committee with request it be considered on June 6, 1996. File 169-96-001. [Street Artists] Resolution designating four former temporary holiday selling spaces on Market Street, south side, 2nd to 1st Streets, as permanent selling spaces and designating three former temporary holiday selling spaces on Sutter Street, south side, at Market Street, for one year subject to Board of Supervisors review for street artists certified by Art Commission, City and County of San Francisco. Supervisor Shelley presented. Referred to Housing and Land Use Committee with request it be considered on June 6, 1996. File 169-96-002. [Street Artists] Resolution re-designating for six months three selling spaces on Stockton Street, west side, at O'Farrell Street, for street artists certified by the Art Commission, City and County of San Francisco; holding harmless from any litigation any building adjacent to said street artist spaces. Supervisor Shelley presented. Referred to Housing and Land Use Committee with request it be considered on June 6, 1996. File 169-96-003. Requests for Hearings: [General Assistance Program] Hearing to consider the effectiveness of the General Assistance Program for the City and County of San Francisco. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 107-96-002. [Payment of Property Taxes] Hearing to consider establishing a procedure to permit payment of property taxes by credit card. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 127-96-006. [Hunters Point Shipyard] Hearing to consider the status of the creation of a Public Benefits Corporation to manage the reuse of the Hunters Point Shipyard. Supervisor Shelley presented. Referred to Select Committee on Base Closures. File 244-96-003. [Hunters Point Shipyard] Hearing to consider issues concerning Astoria Metals at the Hunters Point Shipyard. Supervisor Shelley presented. Referred to Select Committee on Base Closures. File 244-96-004. [Preservation of Neighborhood Business] Hearing to consider community input on the possible closing of Old Uncle Gaylord's Ice Cream Parlor on Irving Street. Supervisors Teng, Yaki, Bierman presented. Referred to Housing and Land Use Committee. File 265-96-001. Motions: Referred to Board [Local Emergency, Needle Exchange Program] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 030-96-001.09. [Specifications for City Seal and Flag] Motion requesting the Clerk of the Board to take the necessary steps to prepare and submit to the Board of Supervisors recommendations for the establishment of official specifications for the Seal of the City and County of San Francisco, other official seals, and city and county flags and any appropriate models thereof, and requesting the Clerk submit a request for a supplemental appropriation of $5,000. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 054-96-004. [Final Map, Bayshore Hester Heights] Motion approving final map of Bayshore Hester Heights, a Planned Unit Development, being a merger and resubdivision of Bayshore/Hester Unit 1 (41 PM 70) in Assessor's Block 5054A, and adopting findings pursuant to City Planning Code Section 101.1. (DPW Order No. 169,565). Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar May 20, 1996. File 058-96-015. Referred to Committee [Filing Amicus Brief] Motion authorizing the City and County of San Francisco to participate in the litigation entitled, California Rifle and Pistol Association, Inc., et al. vs. City of West Hollywood, et al., Superior Court for the Central Los Angeles Judicial District, No. B0144600, by the filing of an Amicus Brief. Supervisors Leal, Yaki, Kaufman, Bierman presented. Referred to Government Efficiency/Labor Committee. File 196-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 034-96-003. [Sidewalk Width Regulations] Ordinance amending ordinance No. 1061 entitled "Regulating the width of sidewalks" by adding thereto Section No. 1523 changing the official sidewalk widths on the south side of Irving Street between Arguello Boulevard and 2nd Avenue, on the northwest corner of Judah Street and 18th Avenue, on the northwest corner of Judah Street and 36th Avenue, on the northwest corner of Taraval Street and 36th Avenue, on the southwest corner of Taraval Street and 37th Avenue, and on a portion of Irving Street between 2nd Avenue and 3rd Avenue, collectively known as MUNI Key Stop Phase "B", and as shown on the Department of Public Works drawing labeled Q-20-440 through Q-20-445, inclusive, and making findings pursuant to City Planning Code Section 101.1. Referred to Housing and Land Use Committee. File 045-96-030. [Anthony Muschi v. CCSF] Ordinance authorizing settlement of litigation of Anthony Muschi against the City and County of San Francisco by payment of $27,500. (Superior Court No. 968071). (City Attorney) Referred to Government Efficiency/Labor Committee. File 093-95-030.01. [Amendment to MOU, Deputy Sheriff's Assn.] Ordinance adopting and implementing Amendment No. 1 to the Memorandum of Understanding between the Deputy Sheriff's Association and the City and County of San Francisco to correct a clerical error for the period July 1, 1995 through June 30, 1998. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 097-96-021. [Access to Electronic Information] Substitute ordinance amending Administrative Code by amending Section 67.21, governing requirements for the release and storage of information stored in electronic form. (Sunshine Ordinance Task Force) Referred to Government Efficiency/Labor Committee. File 101-95-081. [Appropriation, Department of Public Health/SFGH] Ordinance appropriating $63,841 from the General Fund Reserve, rescinding $24,540 of State tobacco tax revenues and appropriating $39,301 for management information systems of the Department of Public Health in the General Fund; appropriating and rescinding (reallocating) various tobacco tax revenues and expenditures to comply with State guidelines in the tobacco tax fund; appropriating $201,685 of tobacco tax revenues for salaries and fringe benefits at San Francisco General Hospital for fiscal year 1995-96. RO #95201. (Controller) Referred to Budget Committee. Resolutions Referred to Committee File 025-96-007. [Prop J Contract, Convention Facilities Management] Resolution concurring with Controller's certification that convention facilities management operation and maintenance service can be practically performed at Brooks Hall, Civic Auditorium and Moscone Center by private contractor for lower cost than similar work services performed by the City and County employees. (Chief Administrative Officer) Referred to Government Efficiency/Labor Committee. File 048-96-013. [Settlement of Claim, Shawn Bolan] Resolution approving the settlement of the unlitigated claim of Shawn Bolan dba Rose Express by payment of $8,722.29. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-004. [Lease of Property at One Jones Street] Resolution authorizing the month-to-month lease agreement for One Jones Street for the San Francisco Police Department's Tenderloin Task Force retroactive to 3/1/95. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 168-96-003. [Park and Open Space Fund, 1996-97] Resolution concurring with the general recommendations on the Park and Open Space Fund for fiscal year 1996-1997, reserving approval or disapproval on specific acquisitions. (Recreation and Park Department) Referred to Budget Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Bierman, that letter be sent to the City Attorney and to the Honorable City Planning Commission forwarding copies of two resolutions passed by the City of Medina, Washington, "imposing a moratorium upon the issuance of special use permits for communications facilities" and a copy of Judge William L. Dwyer's (U.S. District Judge-United States District Court, Western District of Washington at Seattle) "order on preliminary injunction" denying Sprint Spectrum L.P.'s request for the injunction and requesting the City Attorney comment on the implications of the decision and the City Planning Commission consider amending its proposed conditions regarding the placement of cellular antennas. By Supervisor Alioto, that letter be sent to his Honor, the Mayor, inquiring as to when he intends to fill the vacancy created March 28, 1996 on the Board of Supervisors by the departure of former Supervisor Carole Migden to the State Assembly. By Supervisor Kennedy, that letter be sent to United States Senators Nancy Kassebaum and Edward M. Kennedy and Congressmen William F. Goodling and Pat Williams regarding pending action by the Senate and House Conference Committee on Workforce Development legislation, HR 1617. By Supervisor Yaki, that letter be sent to Mr. Noel Radcliffe regarding lease extension and/or lease options for Old Uncle Gaylord's Ice Cream Parlor located on Irving Street. By Supervisor Kennedy, that letter be sent to the Director of Purchasing regarding the proposed Prime Vendor/Distribution Program awarded to Baxter Healthcare Corporation, Contract No. 60400, expressing concern that the Exam Gloves #60712 portion of the contract was separated and inquiring as to why the contract was separated and requesting a response by the end of the week. By Supervisor Kennedy, that letter be sent to the Department of Parking and Traffic requesting necessary actions be taken (including the waiver of any required fees) to ensure the closure of various streets on Sunday, October 13, 1996 to allow the Golden Gate Chapter, the San Francisco Bicycle Coalition and other community service groups to conduct a bicycle event, "Ride For Awareness", following the Bay to Breakers route (except for the Hayes Street hill) to kick off "White Cane Week". By Supervisor Kennedy, that City Attorney prepare legislation to amend the appropriate sections of the Administrative Code pertaining to the Urban Economic Development Corporation by adding language to read as follows: "The Urban Economic Development Corporation is able to engage in real estate development opportunities, activities and projects as deemed necessary to accomplish the continued economic development goals as set forth in the original charter, these real estate development opportunities, activities and projects are to include but are not limited to public and private joint ventures." By Supervisors Ammiano, Bierman, that City Attorney review the City's cable franchise agreement to identify a means by which the Board of Supervisors can require greater diversity of viewpoint and opportunity for rebuttal of inaccurate presentation in Viacom Cablevision's public/community affairs programming. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Isabelle Parker (By Supervisor Kennedy) Sheng Yoen Tong Liu (By Supervisor Teng) Ernestine Webb (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 5:28 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 June 17, 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