Board of Supervisors Minutes: May 20, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, May 20, 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 2:05 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Kaufman, Shelley, Teng, Yaki - 6. Noted absent at first roll call: Supervisors Alioto, Hsieh, Kennedy, Leal - 4. Quorum present. Supervisor Alioto was noted present at 2:06 p.m. Supervisor Hsieh excused, on official leave of absence. Supervisor Leal excused, (See infra.) Supervisor Kennedy was noted present at 2:09 p.m. Supervisor Leal Excused The Clerk announced that Supervisor Leal requested to be excused from attendance because of a death in the family. Supervisor Kaufman, seconded by Supervisor Teng, moved to excuse Supervisor Leal from attending today's meeting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Shelley, Teng, Yaki - 7. Absent: Supervisors Hsieh, Kennedy, Leal - 3. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Alioto, seconded by Supervisor Teng, moved that the Journal of Proceedings for Monday, April 29, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Shelley, Teng, Yaki - 7. Absent: Supervisors Hsieh, Kennedy, Leal - 3. CONSENT CALENDAR Recommendation of Budget Committee Finally Passed [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. 192-96 Finally passed. Recommendations of Housing and Land Use Committee Finally Passed [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. 191-96 (Adds Sections 71.1 through 71.6.) Finally passed. [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. 193-96 Finally passed. [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. 194-96 (City Planning Resolution No. 14083, adopted 3/21/96.) (Exempt from environmental review per Certificate of Determination issued January 19, 1996.) Finally passed. [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. 195-96 (City Planning Resolution No. 14079, adopted 3/14/96.) (Landmarks Preservation Advisory Board Resolution No. 481, adopted 11/15/95.) Finally passed. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Mychelle Colleary v. CCSF, et al.] Ordinance authorizing settlement of personal injury claim of Mychelle Colleary against the City and County and its employee Chinedu Elekwachi by payment of $15,000, each side to bear its own costs and attorneys' fees. (City Attorney) File 45-96-22, Ordinance No. (Superior Court No. 969-275.) Passed for second reading. [Tina Periera v. CCSF] Ordinance authorizing settlement of litigation of Tina Periera against the City and County of San Francisco by payment of $6,000. (City Attorney) File 45-96-23, Ordinance No. (Superior Court No. 961-877.) Passed for second reading. [Mamaradlo v. CCSF] Ordinance authorizing settlement of litigation of Virginia Mamaradlo and Manuel Mamaradlo against the City and County by payment of $90,000. (City Attorney) File 45-96-24, Ordinance No. (Superior Court No. 965-646.) Passed for second reading. [Eubank v. CCSF, et al.] Ordinance authorizing settlement of litigation of Jerry Eubank and Charles Eubank against the City and County by payment of $55,000. (City Attorney) File 45-96-25, Ordinance No. (Superior Court No. 958-994.) Passed for second reading. [U.S.A. (Davis) v. CCSF] Ordinance authorizing partial settlement of litigation of U.S.A. (Davis) v. City and County, by payment of $195,875.00. (City Attorney) File 45-96-26, Ordinance No. (USDC, Northern District of California, Consolidated Cases Nos. C84-1100 MHP, C84-7089 MHP.) Passed for second reading. [Barnes Construction Co., Inc. v. CCSF et al.] Ordinance authorizing settlement of litigation of Barnes Construction Co., Inc. against the City and County by payment of $15,000. (City Attorney) File 45-96-27, Ordinance No. (Superior Court No. 968-676.) Passed for second reading. [Joseph Nugent/Catherine Schoop v. CCSF et al.] Ordinance authorizing settlement of litigation of Joseph Nugent and Catherine Schoop against the City and County by payment of $13,888.85. (City Attorney) File 45-96-28, Ordinance No. (Municipal Court No. 118698.) Passed for second reading. [Morley Shapiro v. CCSF, et al.] Ordinance authorizing settlement of litigation of Morley Shapiro against the City and County by payment of $40,000. (City Attorney) File 45-96-29, Ordinance No. (Superior Court No. 958-035.) Passed for second reading. [CCSF, v. Department of Health Services] Ordinance authorizing settlement of litigation of the City and County against the State Department of Health Services, for approval of Medi-Cal reimbursement claims. (City Attorney) File 46-96-7, Ordinance No. (Superior Court No. 962-505.) Passed for second reading. [CCSF v. AVP Investments, et al.] Ordinance authorizing settlement of litigation of City and County v. AVP Investments, et al. and the City's purchase of Assessor's Block 2336, Lot 27, for open space for $2,340,000. (City Attorney) File 46-96-8, Ordinance No. (Superior Court Action No. 963-267.) Passed for second reading. Adopted [Settlement of Claim, Lee Kyu Park] Resolution approving the settlement of the unlitigated claim of Lee Kyu Park by payment of $25,729.95. (City Attorney) File 48-96-12, Resolution No. 429-96 Adopted. [Lease of Property at 1650 Mission Street] Resolution authorizing a lease of real property at 1650 Mission Street for the Department of Social Services. (Real Estate Department) File 64-96-3, Resolution No. 418-96 Adopted. [Grant, Landmarks Preservation Advisory Board] Resolution authorizing the Landmarks Preservation Advisory Board's Certified Local Government (C.L.G.) program located within the Planning Department to apply for funds from the National Historic Preservation Act Grant-in-Aid Subgrant program administered by the California State Office of Historic Preservation Funds of up to $25,000 foregoing reimbursement of indirect costs during fiscal year July 1, 1996 to June 30, 1997. Sponsor Supervisor Ammiano. File 134-96-1, Resolution No. 434-96 Adopted. [Grant-State, TDA Funds-Bicycle/Pedestrian Projects] Resolution authorizing the Director of Public Works and the Executive Director of the Department of Parking and Traffic to execute documents necessary to apply for, accept and expend $477,372 of Transportation Development Act (TDA) Article 3 funds for bicycle and pedestrian projects and waiving indirect costs. (Department of Public Works) File 148-96-2, Resolution No. 438-96 Adopted. [Contract, DPH - University of Washington] Resolution authorizing the Director of Public Health to execute a contract in the amount of up to $20,000 with the University of Washington to collect and submit San Francisco City and County Sexually Transmitted Disease/HIV prevention data, to the University of Washington for a study of the impact of health care reform on STD/HIV prevention activities, including an agreement to indemnify the University of Washington. (Department of Public Health) File 172-96-9, Resolution No. 441-96 Adopted. [Mutual Aid Agreement, Water Agencies] Resolution authorizing the General Manager of the Public Utilities Commission to execute an updated Mutual Aid Agreement with other water agencies in the State Office of Emergency Services Region 2. (Public Utilities Commission) File 172-96-13, Resolution No. 444-96 Adopted. [San Francisco 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. Sponsor Supervisor Bierman. File 186-96-3, Resolution No. 446-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Shelley, Teng, Yaki - 7. Absent: Supervisors Hsieh, Kennedy, Leal - 3. REGULAR CALENDAR UNFINISHED BUSINESS Recommendation of Budget Committee Finally Passed [General Assistance Grant, FY 1996-97] Ordinance amending Administrative Code (General Assistance Ordinance) to suspend a scheduled cost of living adjustment for general assistance clients. Sponsor Supervisor Kennedy. File 97-96-25, Ordinance No. 196-96 (Amends Section 20.57.) Finally passed by the following vote: Ayes: Supervisors Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 6. Noes: Supervisors Alioto, Ammiano - 2. Absent: Supervisors Hsieh, Leal - 2. Recommendation of Housing and Land Use Committee Consideration Continued [Liquor License/1745 Folsom Street] Resolution determining that the issuance of a Type 20 Off-Sale Beer and Wine License to Jennifer Kitchen for Rainbow Grocery, located at 1745 Folsom Street, will serve the convenience and necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code. (Housing and Land Use Committee) File 223-96-10, Resolution No. (April 29, 1996 - Consideration continued to May 20, 1996.) On behalf of Supervisor Leal, Supervisor Kaufman, seconded by Supervisor Ammiano, moved to continue consideration to June 10, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, Fire Department] Ordinance appropriating $1,984,126, Fire Department, from the General Fund Reserve for salaries, fringe benefits, services of other departments (Workers Compensation) and facilities maintenance for fiscal year 1995-96. (Controller) File 101-95-76, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Appropriation, Fire Department] Ordinance appropriating $43,966, Fire Department, of Fire Plan Checking Revenue for the purchase of computer equipment for fiscal year 1995-96. (Controller) File 101-95-77, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Settlement of Airport Claims/Legal Proceedings] Ordinance amending Administrative Code, authorizing the Airports Commission upon the recommendation of the City Attorney to settle or dismiss any legal proceeding involving construction contract, property or matter under its jurisdiction and which does not exceed $100,000 and also authorizing the City Attorney, with the consent of the Airports Commission, to settle or dismiss the above Airport claims or demands not exceeding $100,000. (Airports Commission) File 97-96-26, Ordinance No. (Adds Sections 10.25-10 and 10.25-11.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Recess Supervisor Kaufman, seconded by Supervisor Teng, moved that the Board recess this meeting to convene a special meeting to consider adopting findings in connection with the following item relating to a revised schedule of water rates. (See infra for Board action.) No objection and motion carried. The Board, at the hour of 2:20 p.m., took a brief recess. Reconvening of the Board The Board, at the hour of 2:22 p.m., reconvened its regular session. Adopted [Disapproving Revised Water 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. (Public Utilities Commission) File 142-96-1.2, Resolution No. 436-96 (Filed April 24, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Consideration Continued [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 finance 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. Sponsors Supervisors Kaufman, Hsieh, Bierman, Teng. File 241-96-1, Resolution No. Supervisor Kaufman, seconded by Supervisor Teng, moved to continue consideration to May 28, 1996, and that a public hearing be held at 3:00 p.m. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. Consideration Continued [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. Sponsors Supervisors Kaufman, Hsieh, Bierman, Teng. File 241-96-2, Resolution No. Supervisor Kaufman, seconded by Supervisor Teng, moved to continue consideration to May 28, 1996, and that a public hearing be held at 3:00 p.m. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. [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; companion measure to File 241-96-2. Sponsors Supervisors Kaufman, Hsieh, Bierman, Teng. (May 31, 1996 - A public hearing notice was published in connection with this item.) File 241-96-3, Resolution No. Supervisor Kaufman, seconded by Supervisor Teng, moved to continue consideration to May 28, 1996, and that the public hearing be held at 3:00 p.m. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Amendment to MOU, Local 856] Ordinance amending Ordinance No. 219-95 to implement the provisions of an arbitration award between the Teamsters Local 856 and the City and County for the period July 1, 1996 through June 30, 1998. (Department of Human Resources) File 93-95-33.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Adopted [CCSF v. Portsmouth Plaza Parking Corporation] Resolution approving the settlement of the unlitigated claim of the City and County against the Portsmouth Plaza Parking Corporation in the amount of $544,476. (City Attorney) File 49-96-1, Resolution No. 430-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Passed for Second Reading [Approving Portsmouth Square Parking Garage Lease Amendment] Ordinance approving a second amendment to the Portsmouth Square Public Parking lease between the City and County 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; companion measure to File 49-96-1. Sponsor Supervisor Ammiano. File 47-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Recommendations of Government Efficiency and Labor Committee Passed for Second Reading [Lease, New Main Library, 100 Larkin Street] Ordinance authorizing and approving the lease of space in City-owned property at 100 Larkin Street, consisting of a portion of the lowest floor to Robin Boley-Alvarez and Francois Alvarez commencing April 18, 1996. (Real Estate Department) File 65-96-6, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Sexual Harassment] Ordinance amending Administrative Code, to prohibit discrimination and sexual harassment of city employees and members of the public. Sponsors Supervisors Bierman, Teng, Ammiano, Yaki, Kaufman, Shelley. File 97-96-18, Ordinance No. (Amends Sections 12B.1 and 12B.2.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Kaufman, Shelley requested to be added as co-sponsors. Adopted [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. Sponsor Supervisor Shelley. File 148-95-7.1, Resolution No. 421-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Grant, Summer Food Service Program] Resolution authorizing the Mayor to retroactively apply for, accept and expend $777,564 from the United States Department of Agriculture (USDA) to sponsor the Summer Food Service Program for needy children. Sponsor Supervisor Shelley. File 68-96-3, Resolution No. 432-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Official Newspapers for Fiscal Year 1996-97] Resolution designating the San Francisco Examiner to be official newspaper of the City and County for specified categories of advertising, and designating the San Francisco Independent to be the official newspaper for other specified categories of official advertising, commencing July 1, 1996. (Purchasing Department) File 112-96-1, Resolution No. 433-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Federal Grant, Track Rehabilitation Project] Resolution rescinding Resolution 778-93, authorizing the Executive Director of the Port 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 $619,500 of reserved funds for the purchase and installation of the Digicon Signalization System. (Port) File 144-96-1, Resolution No. 437-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Standards and Training, Local Corrections] Resolution authorizing the Sheriff's Department, Adult Probation Department, and Juvenile Probation Department to apply for, accept and expend $317,285 in funds from the State of California Board of Corrections for the Standards and Training of Local Corrections and Probation Officers Programs; stipulating adherence to standards for recruitment and training established by the Board of Corrections; waiving any indirect costs. (Sheriff) File 152-96-1, Resolution No. 439-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Contract, DPH - University of Texas Medical Branch] Resolution authorizing the Director of Public Health to retroactively enter into a subcontract in the amount of $10,847 with the University of Texas Medical Branch at Galveston, the primary contractor, to provide reports and information for a study of Host Lymphocyte Resistance to HIV-1, including an agreement to indemnify the University of Texas Medical Branch at Galveston. (Department of Public Health) File 172-96-8, Resolution No. 440-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Prevailing Wage Requirements] Resolution exempting from the prevailing wage provisions of Charter Section 7.204 the contract between the City and the San Francisco Conservation Corps to provide fire hazard reduction activities for the Water Department. Sponsors Supervisors Ammiano, Teng. File 172-96-10, Resolution No. 442-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [Contract Modification, Breda Costruzioni] Resolution authorizing, retroactively, the Municipal Railway to modify an existing contract with Breda Costruzioni Ferroviarie S.p.A. (Public Transportation Commission) File 172-96-12, Resolution No. 443-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. [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. (District Attorney) File 172-96-15, Resolution No. 445-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. 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. (Supervisor Ammiano dissenting in Committee.) [Final Neg Dec, Pier 38 Maritime Recreation Center] Resolution adopting Final Negative Declaration, finding and determining that the proposed Pier 38 Maritime Recreation Center (on the Embarcadero between Brannan and Townsend Streets) will have no significant impact on the environment, and adopting and incorporating findings of Final Negative Declaration. (Port Commission) File 65-96-2, Resolution No. 431-96 (Final Negative Declaration issued on 2/2/95, as amended.) Adopted by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Shelley, Teng, Yaki - 6. Noes: Supervisors Ammiano, Kennedy - 2. Absent: Supervisors Hsieh, Leal - 2. From Government Efficiency and Labor Committee Without Recommendation Passed for Second Reading [Lease Agreement, Pier 38 Maritime Recreation Center] Ordinance approving Lease Agreement as amended between Carl Ernst, Jr. and Pier 38 Maritime Recreation Center, Inc. and the City and County operating by and through the Port Commission for a Maritime Recreation Center at Pier 38 (on the Embarcadero between Townsend and Brannan Streets) and requiring the Port to report back to the Board of Supervisors regarding the base rent terms for the dining space at the end of the tenth year of the proposed lease and any reduction in percentage rents during the term of the lease and requiring capital improvement expenditures to be made on Maritime Facilities prior to or contemporaneous with restaurant or other related recreation facilities; companion measure to File 65-96-2. (Port Commission) File 65-96-2.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Bierman, Kaufman, Shelley, Teng, Yaki - 6. Noes: Supervisors Ammiano, Kennedy - 2. Absent: Supervisors Hsieh, Leal - 2. The President resumed the Chair. COMMITTEE REPORTS Recommendations of Economic Vitality and Social Policy Committee Passed for Second Reading [Street Acceptance] Ordinance accepting the roadway of Waterville Street from Silver Avenue to Conkling Street, from curb to curb for maintenance. Sponsor Supervisor Kennedy. File 9-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Adopted [Waterville Street Improvements] Resolution urging the Chief Administrative Officer to direct the Director of the Department of Public Works to determine the costs necessary to improve the unimproved portions of Waterville Street south of Conkling and to request a supplemental appropriation from the capital improvement budget to undertake those improvements. Sponsor Supervisor Kennedy. File 9-96-1.1, Resolution No. 427-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. Passed for Second Reading [Release of Lien and Forgiveness of Debt] Ordinance forgiving debt for unpaid water charges which includes interest and penalties owned by Booker T. Washington Community Service Center and authorizing and directing City officers and employees to expunge lien for those charges on property known as Booker T. Washington Community Service Center at 800 Presidio. Sponsors Supervisors Kennedy, Bierman, Teng. File 3-96-1.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. [Home Delivery Services] Ordinance amending the Police Code by adding Section 3305.1 thereto, making it unlawful to refuse home delivery services to a residential address located within the business' normal delivery range with specified exceptions. Sponsors Supervisors Kennedy, Bierman, Teng. File 121-96-8, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. In connection with the above item, Supervisors Bierman, Teng requested to be added as co-sponsors. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Eula Walters, save Ferry Park; Eladio J. Ballestas, Innovative Housing; Alexandra Apley, Innovative Housing; Loretta Ingraham, Innovative Housing; Cynthia Montero, Innovative Housing; Constance Kuruppu, Innovative Housing; Leboriae P. Smoore, police brutality; Tanya Twyman, Stand for Children Day; Cynthia Burnett, Innovative Housing; John W. Templeton, Our Roots Run Deep exhibit and street banners; Sarah, Innovative Housing; Jesus Gumban, discrimination in housing. 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 [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. Sponsors Supervisors Teng, Alioto, Bierman, Kennedy, Yaki. File 4-96-12, Resolution No. 423-96 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Yaki requested to be added as co-sponsors. [Commending Joseph W. Cotchett, Jr.] Resolution commending Joseph W. Cotchett, Jr. for his many contributions to the legal profession and to his community. Sponsors Supervisors Shelley, Kaufman, Alioto, Bierman, Yaki. File 6-96-71, Resolution No. 424-96 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. In connection with the above item, Supervisor Yaki requested to be added as co-sponsor. [State Legislation-Opposing AB 2167] Resolution opposing Assembly Bill 2167, which would take $87 Million in state funds from the San Francisco budget. Sponsors Supervisors Hsieh, Kennedy, Alioto, Bierman, Kaufman. File 12-96-26, Resolution No. 428-96 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. [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. Sponsors Supervisors Alioto, Ammiano, Yaki, Leal, Bierman, Shelley, Kaufman. File 13-96-20, Resolution No. 447-96 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. In connection with the above item, Supervisor Kaufman 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 30-96-1.9 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. [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 officials' 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. Sponsor Supervisor Ammiano. File 54-96-4 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. [Final Map, 1149 Jackson Street] Motion approving final map of 1149 Jackson Street, a Condominium Project, being a resubdivision of Lot 19B in Assessor's Block 189, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-13 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. [Final Map of Stoneridge, 1750 Geneva Avenue] Motion approving amended map of Stoneridge, 1750 Geneva Avenue, a Condominium Project, being a resubdivision of Lots 130-135 in Assessor's Block 6423, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-14 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. [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. Sponsor Supervisor Shelley, Kaufman. File 58-96-15 (May 13, 1996 - Introduced in Board for consideration on May 20, 1996.) Adopted. In connection with the above item, Supervisor Kaufman requested to be added as co-sponsor. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-21, Resolution No. 422-96 (Mabel Teng, Member, Board of Supervisors, June 17 and June 26 - July 7; Hatsuro Aizawa, Commissioner, Asian Art Museum, May 13 - 17; James M. Gerstley, Commissioner, Asian Art Museum, May 18 - June 14; Sandra R. Hernandez, M.D., Director, Public Health, May 17 - 18 and September 9 - 12; Willis Kirk, Commissioner, Art Commission, May 11 - 18; Leopold Korins, Member, Retirement System Board, May 10 - June 3; Richard Newirth, Director of Cultural Affairs, Art Commission, June 5 - 10; Marjorie Seller, Commissioner, Asian Art Museum, May 11 - 20, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Kennedy, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Kennedy, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. [Imperative Resolutions] Adopted [Commend Herb Caen] Resolution urging the Mayor to urge the Port Commission to honor Herb Caen by naming the bay front promenade along the Embarcadero after Herb Caen. File 006-96-072, Resolution No. 420-96 Supervisors Shelley, Kaufman, Yaki, Teng, Bierman, Kennedy, Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. [Commend Henry Der] Resolution commending Henry Der and declaring May 23, 1996 Henry Der Day in San Francisco. File 006-96-073, Resolution No. 425-96 Supervisors Teng, Shelley, Bierman, Kaufman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. [Taekwondo Friendship Tournament] Resolution commending the Pacific Association of the Amateur Athletic Union for sponsoring the Taekwondo Friendship Tournament, qualifying event for the 1996 Junior Olympics. File 006-96-074, Resolution No. 426-96 Supervisors Yaki, Shelley, Kaufman presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 7. Absent: Supervisors Alioto, Hsieh, Leal - 3. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Appropriation, DPW, Mission Street Lighting] Ordinance appropriating $50,000, Department of Public Works, for Mission Street lighting and rescinding $50,000 from street resurfacing project gas tax fund. Supervisor Bierman presented on behalf of Supervisor Leal. Referred to Budget Committee. File 101-95-087. [City Contracts Domestic Partner Benefits] Draft ordinance amending Administrative Code Sections 12B.1, 12B.2, 12C.1 and 12C.2 to require every agency contracting with the City and County to offer the same benefits to the domestic partners of its employees where the domestic partnership relationship has been filed with a governmental body, as it offers to the spouses of its employees. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 097-96-033. [Seismic Safety Loan Program] Ordinance amending Administrative Code Sections 66A.3, 66A.9, 66A.17, 66A.19, 66A.22 and 66A.23 regarding permissible loan packagers, permissible life/safety improvement costs, payment of financial consultant fees, applicability of base wage requirements, applicability of prevailing wage requirements and applicability of economically disadvantaged hire requirements. Supervisor Kaufman presented on behalf of Supervisor Hsieh. Referred to Budget Committee with request it be considered at the May 29, 1996 meeting. File 097-96-034. Referred to Board [CCPPSS Member Appointments] Resolution specifying that 10 of the 11 members of the Comprehensive Community Policing and Public Safety Strategy (CCPPSS) Task Force shall be residents of those areas that correspond to the 10 existing geographical police districts and that the CCPPSS shall be eligible to receive and disburse funds. Supervisor Kennedy presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 174-95-006.01. [Commend Enid Lim] Resolution commending Enid Lim and declaring June 14, 1996 Enid Lim Day in San Francisco. Supervisors Teng, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 006-96-075. [Commend Willie B. Kennedy] Resolution commending Willie B. Kennedy for her service on the Board of Supervisors and for her service to the people of the City and County of San Francisco. Supervisors Shelley, Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Teng, Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 006-96-076. [Commend Little League Baseball] Resolution supporting Little League Baseball in San Francisco. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 006-96-077. [Amendments to the Older Californians Act] Resolution supporting the assurance that priority consideration be given to target funding and services to those in greatest economic or social need, with particular attention to low-income, non-or-limited-English speaking populations, minority populations, and the frail elderly; the assurance of funding factors for those in greatest economic or social need, with particular attention to low-income non-or limited-English speaking populations, minority populations, and the frail elderly; the assurance of adequate funding for the Ombudsman program and the retention of state Ombudsman office; the assurance of adequate funding for the development and enhancement of the home and community-based system care; the maintenance of congregate nutrition programs as an entitlement; and the maintenance of the HICAP program in the amendments to the Older Californians Act. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 012-96-027. [State Legislation - SB 1696] Resolution supporting Senate Bill 1696 (Kopp) that seeks to reduce the manufacture and sale of portable aerosol paint cans and encourages the development of new technologies to reduce graffiti. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 012-96-028. Referred to Committee [Domestic Partners] Resolution urging the California Legislature to amend Health and Safety Code Section 7100 to allow Domestic Partners the right to control the disposition of a deceased Domestic Partner's remains. Supervisor Ammiano presented. Referred to Government Efficiency/Labor Committee. File 012-96-029. Referred to Board [Same-Sex Marriage] Resolution urging the United States Congress and the President of the United States, to veto the "Defense of Marriage Act", and for the President to reconsider his opposition on same-sex marriage. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 013-96-020.01. [Subsidized Mortgage Loans and Section 8 Housing] Resolution opposing recent changes in federal law regarding subsidized mortgage loans and Section 8 housing. Supervisor Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 013-96-021. Referred to Committee [Stop Intersection, Clay and Locust Streets] Resolution designating Clay Street and Locust Street as an All-Way "Stop" Intersection. Supervisor Shelley presented. Referred to Housing and Land Use Committee. File 018-96-009. Referred to Board [Newspaper Merger] Resolution urging the District Attorney and the City Attorney to use all of the powers granted to them under California law and the City Charter to fully investigate any proposed merger or discontinuation of one of San Francisco's daily newspapers as a possible violation of California anti-trust law and to take appropriate legal action. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar May 28, 1996. File 112-96-003.01. Referred to Committee [Affordable Housing General Obligation Bonds] Resolution determining and declaring that the public interest and necessity demand the financing of (1) the development of housing affordable to low-income households in the City and County of San Francisco and (2) down payment assistance to low and moderate income first time homebuyers and all other aspects necessary or convenient for the foregoing purposes, that the estimated cost of $100,000,000 is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. Supervisor Bierman presented. Referred to Budget Committee. File 170-96-006. [General Obligation Bonds - De Young Museum] Resolution determining and declaring that the public interest and necessity demand the acquisition, construction or reconstruction by the City and County of San Francisco of the following municipal improvements, to wit: acquisition, construction and/or reconstruction of a new museum facility to replace the De Young Museum and all other works, property and structures necessary or convenient for the foregoing purposes, that the estimated cost of $73,300,000 for said municipal improvements is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness. Supervisors Shelley, Hsieh, Bierman, Alioto, Yaki, Kennedy, Teng, Kaufman, Ammiano presented. Referred to Budget Committee. File 170-96-007. [Automated Victim Notification Program] Resolution urging the Mayor to urge the Sheriff to take the necessary steps to implement an automated victim notification program known as the VINE System at the earliest possible time. Supervisors Kaufman, Alioto, Leal, Shelley presented. Referred to Health/Public Safety/Environment Committee with request it be considered at the June 6, 1996 meeting. File 195-96-002. Charter Amendments: Referred to Committee [Charter, Juvenile Probation Commission] Charter amendment (First Draft) amending Sections 7.102 and 15.105 to provide that appointees to the Juvenile Probation Commission serve at the pleasure of the Mayor. Supervisors Yaki, Ammiano, Kennedy, Bierman, Teng presented. Referred to Rules Committee. File 248-96-001. [Charter, Board of Supervisors Compensation] Charter amendment (First Draft, Skeletal) amending Section 2.100 to increase compensation for members of the Board of Supervisors to an annual amount of $50,000 and fully include members of the Board of Supervisors under both the Health Service and Retirement Systems. Supervisor Ammiano presented. Referred to Rules Committee. File 249-96-001. [Charter, At-large Election, Preference Voting] Charter amendment (First Draft, Rough) amending Sections 2.100 and 2.116 and adding Section 13.110 to provide for the at-large election of 11 supervisors using preference voting. Supervisor Ammiano presented. Referred to Rules Committee. File 250-96-001. [Charter, District Election, Preference Voting] Charter amendment (First Draft, Rough) amending Sections 2.100, 2.116, 13.101, 13.102 and 14.103 and adding Section 13.110 to provide for the election of 11 (eleven) supervisors from 11 (eleven) districts, how the President of the Board is elected. Supervisor Ammiano presented. Referred to Rules Committee. File 251-96-001. [Charter, Collective Bargaining] Charter amendment (First Draft, Skeletal) amending or deleting Sections 19.100-11.101, 15.104, 16.116, 18.109, 18.110 and Sections A8.329-A8.346, A8.400-A8.440, A8.450-A8.590-7 of Appendix A, relating to setting wages, hours and other terms and conditions of employment. Supervisor Shelley presented. Referred to Rules Committee. File 252-96-001. [Charter, Firefighters Retirement Benefits] Charter amendment (First Draft, Skeletal) amending Charter by adding Section 8.506-5 relating to retirement benefits for firefighters. Supervisor Shelley presented. Referred to Rules Committee. File 253-96-001. Requests for Hearings: [Reserved Funds, Department of Social Services] Hearing to consider release of reserved funds, Department of Social Services (1995/96 Budget), in the amount of $410,000 to fund moving expenses and other costs associated with the relocation of Family and Children's Services Staff from 1440 Harrison to 170 Otis Street. Supervisor Kaufman presented on behalf of Supervisor Hsieh. Referred to Budget Committee with request it be considered at the May 29, 1996 meeting. File 100-95-001.06. [High School Athletic Fields] Hearing to consider the possible use of San Francisco high school athletic fields by the Recreation and Park Department during the summer. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 211-96-004. [Funding Disparity, Asian Nonprofit Agencies] Hearing to study the funding level for Asian nonprofit agencies. Supervisor Teng presented. Referred to Government Efficiency/Labor Committee. File 254-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 009-96-002. [Acceptance of Roadway, Waterville Street] Ordinance accepting the roadway of Waterville Street from Silver Avenue to Conkling Street, from curb to curb for maintenance; companion measure to File 9-96-1.1. (DPW Order No. 169,697). (Department of Public Works) Referred to Economic Vitality/Social Policy Committee. File 045-96-031. [Therese Warde et al., v. CCSF, et al] Ordinance authorizing settlement of litigation of Therese J. Warde, Mary Clarke, John Clarke, and Matthew Clarke against the City and County of San Francisco by payment of $200,500. (Superior Court No. 963-673). (City Attorney) Referred to Government Efficiency/Labor Committee. File 065-96-009. [Lease, Bay Area Cellular Telephone Company] Ordinance authorizing and approving a lease of cellular transmitter space in Fire Department Headquarters Building, 260 Golden Gate Avenue, to Bay Area Cellular Telephone Company (BACTC). (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 093-94-029.02. [MOU Amendment, SEIU Locals 250, 535 and 790] Ordinance amending Ordinance No. 341-94 to implement an amendment to the Memorandum of Understanding between the Service Employees International Union, AFL-CIO, Locals 790, 535, and 250 and the City and County of San Francisco increasing compensation for Classifications 9202 Airport Communications Dispatcher and 9203 Senior Airport Communications Dispatcher to be effective July 1, 1996 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 097-96-032. [Environmental Review Fees] Ordinance amending Administrative Code by amending Section 31.46A, to extend the September 30, 1996 Sunset Clause to September 30, 1997, and adjust fees currently charged for Environmental Review actions, activities, and procedures; companion measure to File 115-96-6. (Department of City Planning) (Exempt Status: Statutory Exemption per Public Resource Code Section 21080(b)(8). Referred to Budget Committee. File 101-95-082. [Appropriation, PTC - Municipal Railway] Ordinance appropriating $4,943,173, Municipal Railway, of Municipal Railway Operating Funds (fare and subvention revenue, fund balance and rescinding fringe benefits) to fund projected shortfalls in Workers' Compensation and fuel for fiscal year 1995-96. RO #95212. (Controller) Referred to Budget Committee. File 101-95-083. [Appropriation, Public Library] Ordinance appropriating $2,500,000, Public Library, for salaries ($1,552,242 of Library Preservation Funds and $947,758 of General Funds), rescinding $50,000 from General Fund materials and supplies, $500,000 from books and $50,000 from materials and supplies in the Library Preservation Fund to address the projected budget shortfall for fiscal year 1995-96. RO #95213. (Controller) Referred to Budget Committee. File 101-95-084. [Appropriation, Assessor's Office] Ordinance amending the 1995-96 Annual Appropriation Ordinance, Assessor's Office, by appropriating $656,083 of AB 818 State Loan Revenue, $373,673 of prior Assessor's system project surplus and $2,302,886 from General Fund reserve (established from 1994-95 one-time accounting adjustment) to a project to provide an Integrated Assessor's Property Tax system (INPACT) including salaries and fringe benefits for two new staff positions, equipment services of other departments (ISD) and professional services, with the intent that the General Fund be paid back $1,300,000 from additional State Loan Revenue over the next two years; companion measure to File 102-95-21. RO #95215. (Controller) Referred to Budget Committee. File 101-95-085. [Appropriation, PUC-Hetch Hetchy] Ordinance appropriating $1,000,000, Public Utilities Commission-Hetch Hetchy, of Hetch Hetchy operating funds to a capital improvement project for the emergency repair of the O'Shaughnessy Dam road at Hetch Hetchy for fiscal year 1995-96. RO #95216. (Controller) Referred to Budget Committee. File 101-95-086. [Appropriation, Recreation and Park Department] Ordinance appropriating $80,000, Recreation and Park Department, from the General Fund Reserve to professional services, to provide consulting services at the Recreation and Park Department to assist with the preparation of FEMA applications concerning storm damage for fiscal year 1995-96. RO #95217. (Controller) Referred to Budget Committee. File 102-95-021. [Salary Ordinance Amendment, Assessor's Office] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Assessor's Office, reflecting the creation of two (2) positions (Classification 1821 MIS Manager (1); and 1819 MIS Specialist III (1)); companion measure to File 101-95-84. (Department of Human Resources) Referred to Budget Committee. File 115-96-006. [Planning Fees] Ordinance amending Article 3.5 and Article 3.5A of the City Planning Code by amending Sections 350 et seq. to extend the September 30, 1996 Sunset Clause to September 30, 1997, impose new fees and adjust fees currently charged for Department of City Planning actions, activities, and services; companion measure to File 97-96-32. (Department of City Planning) (City Planning Resolution No. 14114, adopted 5/9/96). Referred to Budget Committee. Resolutions Referred to Committee File 009-96-001.01. [Waterville Street Improvements] Resolution urging the Chief Administrative Officer to direct the Director of the Department of Public Works to determine the costs necessary to improve the unimproved portions of Waterville Street south of Conkling and to request a supplemental appropriation from the capital improvement budget to undertake those improvements. (Department of Public Works) Referred to Economic Vitality/Social Policy Committee. File 025-96-008. [Prop J Contract, Security Services] Resolution concurring with the Controller's certification that security services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 025-96-009. [Prop J Contract, Janitorial Services] Resolution concurring with the Controller's certification that janitorial services can be practically performed at the Permit Center at 1660 Mission Street and at 25 Van Ness Avenue by private contractor for lower cost than similar work services performed by City and County employees. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 040-96-010. [Residential Parking Area "J", Sunset/Parnassus] Resolution extending the boundaries of Residential Permit Parking Area "J" in the Sunset/Parnassus Heights Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-011. [Residential Parking Area "S", Duboce Triangle] Resolution extending the boundaries of Residential Permit Parking Area "S" in the Duboce Triangle Area and adding to the list of streets upon which time limitations shall apply. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 048-96-014. [Settlement of Claim, Michael J. Freeman] Resolution approving the settlement of the unlitigated claim of Michael J. Freeman by payment of $9,195.45. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-015. [Settlement of Claim, David Puente] Resolution approving the settlement of the unlitigated claim of David Puente by payment of $7,500.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-016. [Settlement of Claim, Farmers Insurance Group] Resolution approving the settlement of the unlitigated claim of Farmers Insurance Group by payment of $8,724.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-017. [Settlement of Claim, USAA Insurance] Resolution approving the settlement of the unlitigated claim of USAA Insurance by payment of $8,847.61. (City Attorney) Referred to Government Efficiency/Labor Committee. File 064-96-005. [Lease Renewal, Sixth/Harrison Streets Parking Lot] Resolution authorizing three renewal leases for parking lots located in the vicinity of Sixth and Harrison Streets described as SFX80-21, SFX80-22, and SFX80-23 for the Police Department and Sheriff retroactive to 9/1/95. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 170-96-003. [Water Revenue Bonds] Resolution approving the issuance of not to exceed $145,000,000 principal amount of San Francisco Water Revenue Bonds to be issued by the Public Utilities Commission of the City and County of San Francisco; affirming covenants contained in the Indenture pursuant to which the Bonds are issued; and authorizing taking of appropriate actions in connection therewith. (City Attorney) Referred to Budget Committee. File 170-96-004. [General Obligation Bonds Issuance] Resolution providing for the issuance of not to exceed $41,730,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Asian Art Museum Relocation Project) including the issuance of an initial series thereof in the aggregate principal amount of $25,000,000 and designated as the City and County of San Francisco General Obligation Bonds (Asian Art Museum Relocation Project), Series 1996E; authorizing the execution, authentication and registration of said Bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of funds related thereto; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said bonds. (Chief Administrative Officer) Referred to Budget Committee. File 170-96-005. [General Obligation Bonds Sale] Resolution authorizing and directing the sale of $7,645,000 City and County of San Francisco General Obligation Bonds (Public Safety Improvement Projects, 1989), Series 1996B; $14,285,000 City and County of San Francisco General Obligation Bonds (Fire Department Facilities Project, 1992), Series 1996C; $42,300,000 City and County of San Francisco General Obligation Bonds (School District Facilities Improvements), Series 1996D and $25,000,000 City and County of San Francisco General Obligation Bonds (Asian Art Museum Relocation Project), Series 1996E; prescribing the form and terms of said Bonds; authorizing the execution, authentication and registration of said Bonds; providing for the appointment of depositories and other agents for said Bonds; providing for the establishment of funds related thereto; approving the forms of Official Notice of Sale of Bonds and Notice of Intention to Sell Bonds; directing the publication of Notice of Sale and Notice of Intention to Sell Bonds; approving the form and execution of the official statement relating thereto; approving the form of the Continuing Disclosure Certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of said Bonds. (Chief Administrative Officer) Referred to Budget Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Ammiano, that City Attorney prepare ordinance to repeal Colorado Products Ban (Administrative Code Article XXI, Sections 10.240-10.247). By Supervisor Teng, that letter be sent to all departments who provide funding to community organizations/agencies requesting report on grant allocations given to nonprofit organizations that service the Asian Pacific Islander communities. File 254-96-1. By Supervisor Yaki, that City Attorney prepare ordinance pursuant to Charter Section 7.204 to permit a three percent bid preference in contracts for professional services where the bidder agrees to use locally manufactured, assembled or sourced products. By Supervisors Yaki, Ammiano that City Attorney prepare ordinance which will provide legal protections for workers displaced when one service contractor loses a contract to another service contractor (enacts base-line job security protections for workers employed in sub-contracting industries; i.e., janitorial, security, garment, food services, etc.) The legislation should require all such contractors with the City and County to retain the employees of the predecessor contractor for at least a ninety day transition period during which the employees may not be terminated except for cause and provide wage and benefit protections for workers impacted by Proposition J (November 1976) exemptions for contracting-out. By Supervisor Bierman, that letters be sent to the Department of Public Health and the City Planning Department requesting evaluation of cellular phone study done by Wireless Technology Research and report whether their findings indicate any need to warn the public of possible adverse effects from the use of digital cellular phones and whether City Planning regulations concerning the placement of cellular antennae should be amended to call attention to the potential adverse effects of digital phones on some members of the public. By Supervisor Kennedy, that letter be sent to members of the House Appropriation Committee in support of fiscal year 1997 appropriations for the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) program and the HOME Investment Partnerships program at a level at least equal to the current fiscal year levels of $4.6 billion for CDBG and $1.4 billion for HOME. By Supervisor Kennedy, that letter be sent to Ulysses Madison, Local 790, regarding the status of personnel issues at the Airport relating to treatment of employees and union representatives, sick leave policy, re-training and other employee rights. File 27-95-15. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Raymond Leal (By the entire Board) Rubell Mitchell Sponsor Supervisor Kennedy. Marcelee Cashmere Sponsor Supervisor Kennedy. June Truesdell Sponsor Supervisor Bierman. File 2-96-21 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:09 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, May 20, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in special session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:20 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Hsieh, Leal - 2. Quorum present. Supervisor Hsieh excused, on official leave of absence. Supervisor Leal excused. (See Supra.) ROLL CALL [Water Rates - Finding] Resolution making a finding that no tax subsidy will be required by the San Francisco Water Department by reason of approval of proposed schedule of rates to be charged by the San Francisco Water Department for retail water service in San Francisco and suburban areas. (Public Utilities Commission) File 142-96-1, Resolution No. 435-96 (May 6, 1996 - Referred to Budget Committee with direction to report back May 20, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Kaufman, Kennedy, Shelley, Teng, Yaki - 8. Absent: Supervisors Hsieh, Leal - 2. ADJOURNMENT There being no further business, the Board at the hour of 2:21 p.m. adjourned. John L. Taylor, Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on June 24, 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