Board of Supervisors Minutes: May 28, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Tuesday, May 28, 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 2:07 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Alioto, Kennedy - 2. Quorum present. Supervisor Alioto was noted present at 2:10 p.m. Supervisor Kennedy was noted present at 2:10 p.m. APPROVAL OF JOURNAL There being no errors, corrections or omissions, Supervisor Teng, seconded by Supervisor Leal, moved that the Journal of Proceedings for Monday, May 6, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Kennedy - 2. Farewell Statement from Supervisor Willie B. Kennedy Supervisor Kennedy submitted the following departing statement: "It is with sadness and mixed emotions that I resign from the office of Supervisor of the City and County of San Francisco. Maybe I should say as President Richard Nixon said, that you won't have Willie Kennedy to kick around anymore. But I can say it with a smile on my face, for in fact despite the harsh criticism and racist messages and statements I received throughout my fifteen years I have enjoyed them all. I wish I could say that my career has been 100% successful, but I can't. However I can say and I believe that San Francisco is a better place to live because of the many changes I helped make and the people's lives I touched. Being a Supervisor is more than creating legislation. Although I did my share, it is interacting and helping the people you serve. There are a very few people that called my office with a problem that was not solved to their satisfaction. It has been a great pleasure serving the people. I really must thank Mr. Taylor and the clerks, especially the committee clerks, who work so hard to keep us in line. We depend on Mr. Taylor so much to keep us straight that he sometimes forgets who is boss. All of the City departments have been great, and Lord knows that I worried all of you enough. So thank you, Department of Social Services; Health; Department of Public Works; Purchasing; Public Utilities Commission; Parking and Traffic; City Attorney; Chief Administrative Officer; Police; Fire; Library; Controller; DeYoung Museum; Recreation and Park; Housing Authority and the Redevelopment Agency and of course the Mayors' Office. But you were always there, for you always came through with flying colors, for this I thank you. San Francisco is by far a better place to live because of your efforts. Surprisingly, I have been able to work successfully with four Mayors, Dianne Feinstein who gave me the opportunity to serve; Art Agnos, Frank Jordan and most importantly, Willie Brown. All of them contributed to my growth. Its so important that I thank the people of San Francisco for their faith and trust in me through three campaigns, and for allowing me to represent the City and County at the California State Association of Counties, the National Association of Counties and the National Forum of Black Public Administrators at their conferences and board meetings. This has made me a better and stronger public servant and the networking has proved invaluable. I will miss serving as director of the Golden Gate Bridge District, Association of Bay Area Government Board, Bay Conservation and Development Commission and of course the Transportation Authority. They have all been excellent tools of the trade. Through all of these organizations I have made many wonderful friends. Thanks to all of the businesses large and small, the corporations and individuals who were always there for me. All of you are a part of making San Francisco a better place to live and you made my job so much easier. You know it would be hard to run a campaign without some help, so my thanks to Jim Jefferson, my treasurer for fifteen years, to Barbara Jefimoff who did most of my campaign reports and for Welton Flynn for keeping me straight with Uncle Sam. And the three persons who ran my successful campaigns, Mary O'Shea 1984; Gail Kaufman 1988; and Jim Wunderman in 1992. Of course I could not leave without thanking all of my colleagues, and there were many; John Molinari, Quentin Kopp, Doris Ward, Nancy Walker, Carol Ruth Silver, Louise Renne, Harry Britt, Wendy Nelder, Richard Hongisto, Lee Dolson, Bill Maher, Jim Gonzalez, Terence Hallinan and Anne Marie Conroy, and all of you, the present Board of Supervisors. It has been a pleasure working with you, a lot different from the Board members I started with, but each of you represent the City and County in your own professional way. I'm leaving the Board in good hands. Last but certainly not least, my staff, my backbone. Of the fifteen years I served, I had only ten excellent dedicated members of my staff: Avonee Smith, Dawn Burgess, Gayle Armstrong, Mary Kelley, Darryl Cox, Minnie Loo, Richard Nichols, Sharon Treskennoff, Gaynell again, Rhonda Parker and Jackie Keys. They all contributed to the success of the office. How do you say thanks to a person who has been with you for almost ten years. Does it speak well for Gaynell or for me. I like to think a little of both. Thanks Gaynell for being a dedicated, capable, valuable and expert member of the team. I'm going to miss your telling me what to do, how to do it and then doing it yourself. Thanks for making me look good at all times. Good luck in your new job. And Jackie, I'm going to miss your capable dedicated service in the office these past sixteen months. Although your personality upsets some people, your skills out weighed it all. Thank you for helping to make the 'Stand for Children' trip to Washington, DC a success. Without your untiring help it could never have happened. Thanks to you and all the volunteers from numerous non-profit agencies there will be more than 100 people leaving for DC on Friday. Thanks Jackie. I'm leaving the Board of Supervisors to work as the administrator for the Transitional Development Corporation, so I won't be far away, and I will still be working to make San Francisco a better place to live. To those of you who say good riddance, that she didn't do anything anyway, I love you too." Presentation Made After each Supervisor was afforded an opportunity to extend their best wishes to Supervisor Kennedy, President Shelley, on behalf of the entire Board, presented Supervisor Kennedy with a resolution commending her for her years of service to the people of the City and County of San Francisco. (See infra.) CONSENT CALENDAR Recommendations of Budget Committee Finally Passed [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. 198-96 Finally passed. [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. 199-96 Finally passed. [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. 216-96 (Adds Sections 10.25-10 and 10.25-11.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. 197-96 Finally passed. [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. 202-96 (Superior Court No. 969-275.) Finally passed. [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. 203-96 (Superior Court No. 961-877.) Finally passed. [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. 204-96 (Superior Court No. 965-646.) Finally passed. [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. 205-96 (Superior Court No. 958-994.) Finally passed. [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. 206-96 (USDC, Northern District of California, Consolidated Cases Nos. C84-1100 MHP, C84-7089 MHP.) Finally passed. [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. 207-96 (Superior Court No. 968-676.) Finally passed. [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. 208-96 (Municipal Court No. 118698.) Finally passed. [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. 209-96 (Superior Court No. 958-035.) Finally passed. [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. 210-96 (Superior Court No. 962-505.) Finally passed. [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. 211-96 (Superior Court Action No. 963-267.) Finally passed. [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. 212-96 Finally passed. [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. 214-96 Finally passed. [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. 215-96 (Amends Sections 12B.1 and 12B.2.) Finally passed. Recommendation of Economic Vitality and Social Policy Committee Finally Passed [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. 201-96 Finally passed. Recommendations of Housing and Land Use Committee Adopted [Stop Intersections] Resolution designating certain intersections as stop intersections. Sponsor Supervisor Shelley. File 18-96-6, Resolution No. 463-96 (Stop Signs - Establish Sixteenth Avenue and Noriega Street (north), northeast corner, stopping Noriega Street traffic (presently an uncontrolled T-intersection). Sixteenth Avenue and Noriega Street (south), southwest corner, stopping Noriega Street traffic (makes this an all-way stop.) Sixteenth Avenue and Ortega Street, northeast and southwest corners, stopping Ortega Street traffic (makes this an all-way stop). Eighteenth Avenue and Moraga Street, northwest and southeast corners, stopping Eighteenth Avenue traffic (makes this an all-way stop). Second Avenue and Irving Street, northeast and southwest corners, stopping Irving Street traffic (makes this an all-way stop). Beach and Jones Streets, northeast and southwest corners, stopping Beach Street traffic (makes this an all-way stop). Clifford Terrace and Ashbury Street, northeast corners, stopping Clifford Terrace traffic (presently an uncontrolled T-intersection). College Avenue and Murray Street, northwest and southeast corners, stopping College Avenue traffic (makes this an all-way stop). Melrose Avenue and Teresita Boulevard, northeast corner, stopping Melrose Avenue traffic (presently an uncontrolled T-intersection). Monterey Boulevard and Ridgewood Avenue, northeast and southwest corners, stopping Monterey Boulevard traffic (makes this an all-way stop).) Adopted. [Parking Regulations] Resolution enacting and rescinding parking regulations at various locations. (Housing and Land Use Committee) File 19-96-7, Resolution No. 464-96 (20-Minute Parking Time Limit, 4 p.m. - 6 p.m., School Days - Establish Stockton Street, east side, between Pine and Emma Streets. No Parking Anytime - Establish Seventeenth Street, north side, from Treat Avenue to 40 feet westerly (40-foot zone). No Parking, 9 a.m. - 6 p.m., Monday Through Friday - Establish Holloway Avenue, north side, between Ashton Avenue and Beverly Street. Unmetered Motorcycle Parking - Rescind Nineteenth Avenue, west side, from 723 feet to 823 feet north of Holloway Avenue (100-foot zone to be relocated to accommodate new white zone). Unmetered Motorcycle Parking - Establish Nineteenth Avenue, west side, from 800 feet to 900 feet north of Holloway Avenue (100-foot zone).) Adopted. [Traffic Regulations, Various Locations] Resolution enacting and rescinding traffic regulations on various streets. (Housing and Land Use Committee) File 20-96-6, Resolution No. 465-96 No U-Turns - Establish Market Street, westbound, at Valencia Street. No Left Turn, 4 p.m. - 6 p.m., Except Sundays - Rescind No Left Turn, 4 p.m. - 6 p.m., Except Sundays (Muni Excepted) - Establish South Van Ness Avenue, northbound, at Sixteenth Street. Tow-Away, No Stopping Anytime - Establish Sutter Street, north side, between Market and Sansome Streets. Tow-Away Lane Must Turn Right - Establish Folsom Street, eastbound, at Fourth Street. Tow-Away, No Stopping, 6 a.m. - 10 a.m., Monday Through Friday - Rescind Tow-Away, No Stopping, 6 a.m. - 9 a.m., Monday Through Friday - Establish Sixth Street, east side, between Bryant and Brannan Streets (change in effective hours only).) Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Alioto, Kennedy - 2. REGULAR CALENDAR UNFINISHED BUSINESS Recommendations of Economic Vitality and Social Policy Committee Finally Passed [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. 200-96 Finally passed by the following vote: Ayes: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Alioto - 1. [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. 217-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. From Government Efficiency and Labor Committee Without Recommendation Finally Passed [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. (Port Commission) File 65-96-2.1, Ordinance No. 213-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 9. Noes: Supervisor Ammiano - 1. NEW BUSINESS Recommendations of Budget Committee Passed for Second Reading [Appropriation, DPH-Mental Health/SFGH] Ordinance rescinding $503,467, Mental Health, of Mental Health Professional Services and appropriating $117,638 to salaries and fringe benefits for the creation of eighteen (18) full time equivalent positions at Mental Health, and transferring and appropriating $308,726 for San Francisco General Hospital for salaries, fringe benefits, non-personal services, materials and supplies and equipment purchase for the creation of two hundred twenty-two (222) full time equivalent positions for the operation of the Mental Health Rehabilitation Facility for fiscal year 1995-96. (Controller) File 101-95-78, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Salary Ordinance Amendment, DPH-Mental Health/SFGH] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Department of Public Health-Mental Health, reflecting the creation of eighteen (18) positions at Mental Health-Substance Abuse Services, and two hundred twenty-two (222) positions at San Francisco General Hospital for the operation of the Mental Health, rehabilitation facility for fiscal year 1995-96; companion measure to File 101-95-78. (Department of Human Resources) File 102-95-19, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Appropriation, Assessor's Office] Ordinance amending the 1995-96 Annual Appropriation Ordinance by appropriating $357,249, Assessor's Office, of AB 818 State Loan Revenue, for salaries, fringe benefits and equipment purchase for the creation of six (6) positions for staff support at the Assessor's Office, for the first year of a three-year project to reduce the assessment backlog. (Controller) File 101-95-79, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Salary Ordinance Amendment, Assessor's Office] Ordinance amending Ordinance No. 256-95 (Annual Salary Ordinance, 1995/96), Assessor's Office, reflecting the creation of six (6) positions; companion measure to File 101-95-79. (Department of Human Resources) File 102-95-20, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Consideration Continued [Summer Youth Employment Credit] Ordinance amending Part III, Articles 12-A (the Payroll Expense Tax Ordinance) and 12-B (the Business Tax Ordinance) of the Municipal Code to provide for credits against those taxes for businesses hiring youths between the ages of 14 and 21 for the summer; and to provide that the provisions of these credits expire on December 31, 2001. Sponsors Supervisors Yaki, Leal, Ammiano, Bierman, Teng, Alioto, Kaufman, Kennedy, Shelley. File 127-96-5, Ordinance No. (Add Sections 906-C and 1005.7.) Supervisor Yaki, seconded by Supervisor Ammiano, moved to continue consideration to June 3, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. In connection with the above item, Supervisors Kennedy, Shelley requested to be added as co-sponsors. Adopted [Redevelopment Agency Budget and Bonds] Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for fiscal year 1995-96 by increasing by $1,000,000 the Agency's expenditure for the South of Market Earthquake Recovery Redevelopment Project Area; approving the issuance of not to exceed $1,143,000 of Tax Allocation Bonds; and authorizing the Agency to increase its Annual Statement of Indebtedness by $98,069. Sponsor Supervisor Bierman. File 161-95-6.1, Resolution No. 450-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Recommendations of Health, Public Safety and Environment Committee Adopted [California Civil Code] Resolution urging the State Legislature to amend California Civil Code Section 1714.45 which provides certain immunity to tobacco manufacturers from product liability lawsuits filed in the State of California. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng. File 12-96-22, Resolution No. 458-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Kaufman, Kennedy - 2. Adopted as Amended [Litigation, Tobacco Companies] Resolution urging the City Attorney and District Attorney to institute litigation against the United States Tobacco Companies to recover the costs of caring for people with smoking-related illnesses. Sponsors Supervisors Alioto, Leal, Yaki, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Shelley, Teng. File 194-96-1, Resolution No. 469-96 Supervisor Alioto, seconded by Supervisor Ammiano, moved an amendment of the whole entitled, "Resolution urging the City Attorney and District Attorney to institute litigation against the United States Tobacco Companies to recover the costs of caring for people with smoking-related illnesses." Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Adopted as amended by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Recommendations of Housing and Land Use Committee Passed for Second Reading [Sidewalk Width Regulations, Bryant/Ninth/Brannan] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1522 changing the official sidewalk widths on the southeasterly side of Bryant Street between Ninth Street and 275 feet northeasterly of Ninth Street, on the northeasterly side of Ninth Street between Bryant and Brannan Streets, and on the northwesterly side of Brannan Street between Ninth Street and 275 feet northeasterly of Ninth Street, as shown on the Department of Public Works drawing labeled Q-20-418 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 34-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Kaufman, Kennedy - 2. [Parking Authority] Ordinance amending Administrative Code, which set forth certain powers and responsibilities of the Parking Authority that are no longer consistent with the San Francisco Charter, or Administrative Code, or current practice; to make those sections consistent with the powers and responsibilities vested in the Parking and Traffic Commission and which provide for certain powers and responsibilities of the Parking Authority consistent with the San Francisco Charter, the Administrative Code and current practice. (Department of Parking and Traffic) File 97-96-28, Ordinance No. (Repeals Sections 17.2-1, 17.2-2, 17.3, 17.4, 17.5, 17.9, 17.10, 17.14, 17.15, 17.19, and 17.22; amends Sections 17.1, 17.2, 17.6, 17.7, 17.8, 17.11, 17.16, 17.17, 17.18, 17.20, 17.21, and 17.23; adds Sections 17.3, 17.8, 17.11, 17.12, and 17.16.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Kaufman, Kennedy - 2. Adopted [Liquor License, 413/415 Geary Street] Resolution determining that the issuance of a Type 64 on sale general - special theater alcoholic beverage license to Dianne M. Prichard for the American Conservatory Theater (A.C.T.), located at 413/415 Geary 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 223-96-17, Resolution No. 470-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Kaufman, Kennedy - 2. [Liquor License, 1795 Geary Street] Resolution determining that the issuance of a Type 42 on sale beer and wine license at 1795 Geary Street to Thomas Campbell-Reed 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 223-96-18, Resolution No. 471-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Leal, Shelley, Teng, Yaki - 8. Absent: Supervisors Kaufman, Kennedy - 2. From Housing and Land Use Committee Without Recommendation (Only one of the following motions should be adopted.) Consideration Continued [Appeal, Sidewalk Encroachment, 818 Sanchez Street] Motion denying the appeal of a decision of the Director of Public Works which granted the issuance of a minor sidewalk encroachment permit to occupy, construct and maintain within the unimproved portion of the public right-of-way fronting the property at 818 Sanchez Street the following four encroachments (1) low (less than 4' high) retaining walls, (2) concrete walk and steps with decorative pavers; (3) driveway with decorative pavers for egress and ingress to subject property; and (4) landscaping and irrigation; sustaining decision of the Director of Public Works and granting issuance of permit. (Housing and Land Use Committee) File 24-96-2 Supervisor Bierman, seconded by Supervisor Teng, moved to continue consideration to June 17, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kennedy - 1. [Encroachment Permit, 818 Sanchez Street] Motion upholding the appeal of a decision by the Director of Public Works, which granted the issuance of a minor sidewalk encroachment permit to occupy, construct, and maintain within the unimproved portion of the public right-of-way fronting the property at 818 Sanchez Street the following four encroachments (1) low (less than 4' high) retaining walls, (2) concrete walk and steps with decorative pavers; (3) driveway with decorative pavers for egress and ingress to subject property; and (4) landscaping and irrigation and denying issuance of permit. (Housing and Land Use Committee) File 24-96-2.1 Supervisor Bierman, seconded by Supervisor Teng, moved to continue consideration to June 17, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kennedy - 1. Recommendations of Rules Committee Passed for Second Reading [Use of Surplus Campaign Funds] Ordinance amending Administrative Code, to provide that individuals who cease to be a candidate for local office, or who fail to qualify as a candidate for local office, and who have unexpended campaign funds, may donate the unexpended funds to the General Fund of the City and County. Sponsors Supervisors Shelley, Teng. File 97-96-29, Ordinance No. (Amends Section 16.510.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 9. Absent: Supervisor Kennedy - 1. In connection with the above item, Supervisor Teng requested to be added as co-sponsor. [Gun Control] Ordinance amending Police Code, relating to the sale, lease or other transfer of firearms, firearm ammunition or firearm ammunition components. Sponsors Supervisors Shelley, Bierman, Leal, Yaki, Ammiano, Teng. File 121-96-6, Ordinance No. (Amends Sections 613.1 and 613.10.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. In connection with the above item, Supervisors Yaki, Ammiano, Teng requested to be added as co-sponsors. Adopted [Appointments] Resolution appointing members to the Delinquency Prevention Commission, for unexpired portion of a four-year term ending December 31, 1996. (Rules Committee) File 92-95-28.2, Resolution No. 448-96 (Arnold Laub, vice Raymond L. Benson, deceased, Seat No. 21814; Sharon Olivia Hoff, vice Eric Ciasullo, resigned, Seat No. 21816.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Appointment] Resolution appointing member to the Telecommunications Policy Commission, for new two-year term ending February 1, 1998. (Rules Committee) File 92-95-48, Resolution No. 449-96 (Byron Rhett, vice himself, Seat No. 21608, public-at-large, term expired.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [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. Sponsors Supervisors Ammiano, Alioto. File 33-96-4, Resolution No. 466-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Appointments] Resolution appointing members to the Sunshine Ordinance Task Force, for new two-year terms ending April 27, 1998. (Rules Committee) File 92-96-21.1, Resolution No. 467-96 (Karl Olson, vice Elizabeth Pritzker, Seat No. 27101, must be attorney nominated by Society of Professional Journalists; Bruce B. Brugmann, vice himself, Seat No. 27102, must be local journalist nominated by Society of Professional Journalists; Charlotte P. Berk, vice herself, Seat No. 27104, must be nominee of the League of Women Voters; Robert R. Planthold, vice himself, Seat No. 27105, must be disabled and have interest in citizen access/participation; Sue Hester, vice herself, Seat No. 27106, must be member of the public with interest/experience in local government; Landis Whistler, vice himself, Seat No. 27107, must be member of the public with interest/experience in local government; Enrique Ramirez, vice himself, Seat No. 27109, must be member of the public experience in consumer advocacy; Byron McQuarters, vice himself, Seat No. 27113, must be member of the public with interest/experience in local government; David Pilpel, vice James Chaffee, Seat No. 27108, must be member of the public experienced in consumer advocacy; Marilyn Smulyan, vice Kathryn L. Perry, Seat No. 27114, must be member of the public with interest/experience in local government.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Closed Session Conference with City Attorney - Litigation From the President Adopted Motion that the Board of Supervisors convene in closed session with City Attorney for the purpose of reviewing the (i) 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); (ii) as plaintiff, permitted by Government Code Section 54956.9(c); (iii) to further review the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as authorized by California Government Code Section 54956.9(c); (iv) as defendant because significant exposure to litigation exists pursuant to subdivision (b) (1) of Section 54956.9 regarding San Francisco's needle exchange program. Supervisor Kennedy, seconded by Supervisor Teng, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. Recess The Board recessed at the hour of 2:46 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 3:42 p.m., reconvened. Calling the Roll The following Supervisors were noted present: Supervisors Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Yaki - 8. Noted absent: Supervisors Alioto, Teng - 2. Quorum present. Supervisor Alioto was noted present at 3:47 p.m. Supervisor Teng was noted present at 3:47 p.m. Report on Closed Session Deputy City Attorney Ted Lakey reported that the Board had met in closed session with the City Attorney for the purpose of reviewing the (i) 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); (ii) as plaintiff, permitted by Government Code Section 54956.9(c); (iii) to further review the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as authorized by California Government Code Section 54956.9(c); (iv) as defendant because significant exposure to litigation exists pursuant to subdivision (b) (1) of Section 54956.9 regarding San Francisco's needle exchange program. 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 Kennedy, seconded by Supervisor Teng, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. SPECIAL ORDER 3:00 P.M. Hearing Held [Public Hearing] Hearing of persons interested in or objecting to creation of the ABAG Finance Authority for Nonprofit Corporations, appointing its representatives and execution and delivery of a joint exercise of powers agreement; adoption of Final Negative Declaration in connection with creation of the National Center for International Schools at 129 and 150 Oak Street and 289 Fell Street; and 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. File 241-96 The following message was read by a representative from the Chief Administrative Officer's office: "Ladies and Gentlemen: "The ABAG Finance Authority for Nonprofit Corporations or another joint exercise of powers agency (hereinafter referred to as the "Authority") proposes to provide for the execution and delivery of certificates of participation in the amount of up to $22,000,000 to assist the National Center for International Schools (hereinafter referred to as the "Corporation") in financing the acquisition and construction of, and improvements to, a five-story building and related improvements which will house the offices of the Corporation and the campuses of the Chinese American International School and the French-American International School, as well as other bilingual or bi-cultural programs which the Corporation may promote." "Section 147(f)(2) of the Internal Revenue Code of 1986 requires that, in order for interest evidenced and represented by the certificates to be excluded from gross income for federal income tax purposes, an "applicable elected representative" of the host governmental unit must approve the certificates of participation financing. Such approval must follow a public hearing which has been preceded by reasonable public notice. "Since the facilities to be financed with the proceeds of the certificates are or will be located within the jurisdiction of the City and County of San Francisco, the Board of Supervisors of the City and County of San Francisco will conduct this public hearing as the host governmental unit. "This hearing is being conducted pursuant to a notice published on May 3, 1996 in the Independent, a newspaper of general circulation within the City and County of San Francisco. "The facilities to be financed are or will be located at 150 Oak Street, 129 Oak Street and 289 Fell Street, San Francisco, California. "The certificates will evidence and represent installment payments to be made by the Authority to the Corporation pursuant to an installment sale financing, and will be payable solely from amounts received from the Corporation pursuant to the terms and provisions of an installment sale agreement between the Corporation and the Authority. The Certificates and the installment sale financing will not be a general obligation of the City and County of San Francisco or the State of California, or a charge upon the full faith and credit or taxing power of either. "As announced in the published notice, we now offer this opportunity for all interested persons to speak or submit written comments concerning the proposed installment sale financing, the execution and delivery of the certificates and the nature or location of the facilities to be financed thereby." The President then inquired if there was anyone present who wished to address the Board. There being no response, the President declared the public hearing closed. Rereferred to Committee [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. (May 20, 1996 - Consideration continued to May 28, 1996.) Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to Budget Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [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. (May 20, 1996 - Consideration continued to May 28, 1996.) Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to Budget Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [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. File 241-96-3, Resolution No. (May 20, 1996 - Consideration continued to May 28, 1996.) Supervisor Kaufman, seconded by Supervisor Leal, moved to rerefer to Budget Committee. Motion to rerefer to Committee adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Eula Walters, save Ferry Park; Cathy Perry, Chester Meadows eviction, 21st Century Academy School, Youth for Self Employment; Thomas Karnar, Bay Area Youth News; Brandon Johnson, Bay Area Youth News; Malaika Coleman, youth newspaper; Leboriae P. Smoore, police brutality, constitution for poor; Virginia Conway, Russian Hill reservoir. 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 [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. Sponsor Supervisor Kennedy. File 174-95-6.1, Resolution No. 451-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. [Commend Enid Lim] Resolution commending Enid Lim and declaring June 14, 1996 Enid Lim Day in San Francisco. Sponsors Supervisors Teng, Bierman, Shelley, Yaki, Kaufman, Kennedy. File 6-96-75, Resolution No. 455-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Kaufman, Kennedy requested to be added as co-sponsors. [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. Sponsors Supervisors Shelley, Alioto, Ammiano, Bierman, Hsieh, Kaufman, Leal, Teng, Yaki. File 6-96-76, Resolution No. 419-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. [Commend Little League Baseball] Resolution supporting Little League Baseball in San Francisco. Sponsors Supervisors Bierman, Yaki, Kaufman, Leal, Kennedy, Teng. File 6-96-77, Resolution No. 456-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Kaufman, Leal, Kennedy, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Yaki, Bierman, Kaufman, Leal, Kennedy. File 12-96-27, Resolution No. 459-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Kaufman, Leal, Kennedy requested to be added as co-sponsors. [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. Sponsors Supervisors Alioto, Kennedy. File 12-96-28, Resolution No. 460-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisor Kennedy requested to be added as co-sponsor. [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. Sponsors Supervisors Ammiano, Bierman, Yaki, Leal, Kaufman, Kennedy, Teng. File 13-96-20.1, Resolution No. 461-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Leal, Kaufman, Kennedy, Teng requested to be added as co-sponsors. [Subsidized Mortgage Loans and Section 8 Housing] Resolution opposing recent changes in federal law regarding subsidized mortgage loans and Section 8 housing. Sponsors Supervisors Bierman, Yaki, Kennedy, Teng. File 13-96-21, Resolution No. 462-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Kennedy, Teng requested to be added as co-sponsors. [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. Sponsors Supervisors Ammiano, Bierman, Kennedy, Teng. File 112-96-3.1, Resolution No. 468-96 (May 20, 1996 - Introduced in Board for consideration on May 28, 1996.) Adopted. In connection with the above item, Supervisors Kennedy, Teng requested to be added as co-sponsors. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. IMMEDIATE ADOPTION CALENDAR These measures are being introduced at this meeting. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Adopted [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) File 1-96-22, Resolution No. 452-96 (Sue Bierman, member, Board of Supervisors, June 7 - 16; Lily Chan, Commissioner, Film and Video Arts Commission, April 27 - May 3; Joseph Driscoll, Commissioner, Retirement System Board, June 10 - 21; Edward Harrington, Controller, Office of the Controller, May 19 - 22; Sandra R. Hernandez, M.D., Director of Health, Department of Public Health, June 26 - 28; Bobbie Sue Hood, President, Building Inspection Commission, April 26 - 28; Alan T. Huie, Commissioner, Film and Video Arts Commission, May 1 - 3; James W. McCullough, Commissioner, Film and Video Arts Commission, May 1 - 3 and May 17 - 19; John E. Newlin, Executive Director, Department of Parking and Traffic, May 23 - 24; Sululagi Palega, Sr., Commissioner, Social Services Commission, May 10 - 12; Edward Petrillo, Commissioner, Film and Video Arts Commission, May 11 - 16; Denise Roth, Commissioner, Film and Video Arts Commission, May 10 - 22; Anna C. Shimko, Commissioner, Juvenile Probation Commission, May 16 - 20; Jitu Somaya, Commissioner, Asian Art Museum, May 28 - June 2; Andrew Sun, Commissioner, Public Transportation Commission, May 15 - 17, 1996.) Adopted. The foregoing item on the Immediate Adoption Calendar was adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Kennedy, seconded by Supervisor Ammiano, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Imperative Resolutions] Adopted [Commend LeRoy King] Resolution commending Commissioner LeRoy King, a devoted hardworking labor leader and long time resident of the Western Addition, for his continuous, philanthropic expressions of boundless generosity and love for the people of the City and County of San Francisco. File 006-96-078, Resolution No. 453-96 Supervisors Kennedy, Hsieh, Ammiano, Kaufman, Alioto, Yaki, Bierman, Shelley, Teng, Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Commend The China Press] Resolution commending The China Press and declaring June 1, 1996 China Press Day in San Francisco. File 006-96-079, Resolution No. 454-96 Supervisor Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. [Commend Mrs. Anson Chan] Resolution commending Mrs. Anson Chan and declaring May 28, 1996 Mrs. Anson Chan Day in San Francisco. File 006-96-080, Resolution No. 457-96 Supervisor Teng presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Kennedy, Leal, Shelley, Teng, Yaki - 10. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [General Plan Referrals] Ordinance amending Administrative Code by adding Section 3.012 to provide for General Plan referrals. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered on June 13, 1996. File 097-96-035. [General Plan Referral, Capital Improvement] Ordinance amending Administrative Code Section 3.011 to provide for General Plan referrals by the Capital Improvement Advisory Committee. Supervisor Kaufman presented. Referred to Select Committee on Charter Implementation with request it be considered on June 13, 1996. File 097-96-036. Referred to Board [Commend Chinatown Branch Library Re-opening] Resolution commending the re-opening of the San Francisco Chinatown Branch Library and declaring June 15, 1996 to be "Chinatown Branch Library Day" in San Francisco. Supervisors Hsieh, Teng, Yaki, Shelley, Ammiano, Kaufman, Alioto, Leal, Kennedy, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 006-96-081. [Commend Rosalyn Koo] Resolution commending Rosalyn Koo on her tremendous contributions as Chair of the Library Foundation of San Francisco to the Chinatown Branch Library and for her many years of service to the community. Supervisors Hsieh, Teng, Yaki, Shelley, Ammiano, Kaufman, Kennedy, Alioto, Leal, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 006-96-082. [Commend Shoji Horikoshi] Resolution commending Shoji Horikoshi for his 40 years of distinguished service to the San Francisco Police Department and declaring June 7, 1996 to be "Shoji Horikoshi Day" in San Francisco. Supervisors Hsieh, Teng, Yaki, Shelley, Ammiano, Kaufman, Alioto, Leal, Kennedy, Bierman presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 006-96-083. [Commend Chinese Historical Society of America] Resolution commending the Chinese Historical Society of America on their Third Annual Fundraising event to benefit the development of a National Museum and Learning Center. Supervisors Teng, Hsieh, Yaki, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 006-96-084. [Childhood Lead Prevention Funding] Resolution urging the Governor and State Legislature to fully fund childhood lead prevention programs. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 012-96-030. [Voting Rights Act Bilingual Provisions] Resolution opposing the proposed "Bilingual Voting Requirements Repeal Act of 1995" (H.R. 351) eliminating the bilingual provisions of the Voting Rights Act of 1975. Supervisors Leal, Yaki, Teng, Hsieh, Bierman, Ammiano, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 013-96-022. [H.R. 2202, Immigrant Services] Resolution establishing policy of the City and County to oppose federal or state restrictions on immigrants' access to services; opposing H.R. 2202 and S.1664; urging the Conference Committee of the U.S. House and Senate to adopt the least restrictive provisions of H.R. 2202 and S. 1664 and urging the President to veto H.R. 2202, S. 1664 and all other bills restricting immigrants' access to services. Supervisors Teng, Leal, Bierman, Yaki, Hsieh, Ammiano, Kennedy presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 013-96-023. [Appointment] Resolution appointing Supervisor Tom Ammiano as a member of the Board of Directors, Golden Gate Bridge, Highway and Transportation District. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 092-96-026. [Appointment] Resolution appointing Supervisor Mabel Teng to the Bay Area Air Quality Management District Board of Directors. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 092-96-027. [Appointment] Resolution appointing Supervisor Mabel Teng to the Association of Bay Area Governments Executive Board. Clerk of the Board. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 092-96-028. [Aging Campus] Resolution urging the Mayor to support the concept of a model "Aging Campus" and to urge the relevant City departments to consult with the Hunters Point Multipurpose Senior Services Center and the community to study and evaluate the feasibility of developing an aging campus and to do everything necessary to make this "Aging Campus" a reality. Supervisor Kennedy presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 217-96-002. Referred to Committee [Power Generation Facility] Resolution urging Mayor Willie L. Brown, Jr. to urge all City departments and agencies to refrain from taking, permitting or approving any action that would result in the development of any power generation facilities in the Bayview Hunters Point Community. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee. File 234-96-002. Referred to Board [Treasure Island, Sports Facility] Resolution urging the Mayor's Citizens Advisory Committee for Treasure Island, the Planning Commission and the Redevelopment Agency Commission to include in the proposed draft reuse plan for the conversion of Treasure Island a sports recreational facility as an interim reuse. Supervisor Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar June 3, 1996. File 244-96-005. Requests for Hearings: [PG&E Franchise Agreement] Hearing to consider amending the franchise agreement between the City and County of San Francisco and Pacific Gas and Electric Company to increase the franchise fee on the sale of electricity from .5% to a minimum of two percent and the franchise fee for the sale of gas from 1% to a minimum of two percent. Supervisor Alioto presented. Referred to Select Committee on Municipal Power. File 032-96-002. [Hunters Point Shipyard] Hearing to consider issues regarding the Hunters Point Naval Shipyard. Supervisor Shelley presented. Referred to Select Committee on Base Closures. File 244-96-006. 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 June 3, 1996. File 030-96-001.10. [Budget, 1996-1997] Presentation by the Mayor on the 1996-1997 Budget. Supervisor Shelley presented. Scheduled for June 3, 1996 Board meeting by direction of the President. File 100-96-001. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 045-96-032. [Furnelli dba Solid Gold, Inc. v. CCSF, et al.] Ordinance approving a settlement between Elizabeth Furnelli dba Solid Gold, Inc. and the City and County of San Francisco, the San Francisco Police Department, the San Francisco Chief of Police and the San Francisco Board of Permit Appeals involving removal of permit restrictions previously imposed by the Board of Permit Appeals. (USDC Northern District of California No. C-95-3517 SAW). (City Attorney) Referred to Government Efficiency/Labor Committee. File 045-96-033. [Scott Davis v. CCSF] Ordinance authorizing settlement of litigation of Scott Davis against the City and County of San Francisco by payment of $15,000. (Superior Court No. 952-773). (City Attorney) Referred to Government Efficiency/Labor Committee. File 172-96-016. [Medical Services Contract] Ordinance authorizing the Director of Public Health to execute an agreement with Blue Cross of California for the Department of Public Health to provide services to Blue Cross Medi-Cal Managed Care subscribers, which agreement includes binding arbitration and indemnification clauses. (Department of Public Health) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 025-96-010. [Prop J Contract, Shuttle Bus Services] Resolution approving the Controller's certification that shuttle bus services for San Francisco International Airport can practically be performed by private contractor at a lower cost for the fiscal year commencing July 1, 1996 than if work were performed by City and County employees. (Airport) Referred to Government Efficiency/Labor Committee. File 033-96-005. [Appointment, Port Commission] Resolution confirming Mayor's appointment of Denise McCarthy as a member of the Port Commission of the City and County of San Francisco. (Mayor) Referred to Rules Committee. File 040-96-012. [Residential Parking Area "W", Potrero Hill] Resolution establishing Residential Permit Parking Area "W" in the Potrero Hill Area, setting the boundaries and the applicable time limitations therefor. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 040-96-013. [Residential Parking "O", West Portal/St. Francis] Resolution extending the boundaries of Residential Permit Parking Area "O" in the West Portal/St. Francis Wood 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 040-96-014. [Residential Parking Area "A", Telegraph Hill] Resolution amending the boundaries of Residential Permit Parking Area "A" in the Telegraph Hill Area. (Department of Parking and Traffic) Referred to Housing and Land Use Committee. File 047-96-004. [Management Agreement Amendment] Resolution approving amendment of the management agreement (S.F. Parking Authority and Five Star Parking/Universal Parking Resources) for operation of the San Francisco General Hospital Medical Center Parking System. (See File 199-96-1) (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 047-96-005. [Parking Rates, City-Owned Parking Facilities] Resolution approving new parking rates for eight (8) City-owned parking facilities. (Department of Parking and Traffic) Referred to Budget Committee. File 048-96-018. [Settlement of Claim, William T. Wandall] Resolution approving the settlement of the unlitigated claim of William T. Wandall by payment of $6,333.00. (City Attorney) Referred to Government Efficiency/Labor Committee. File 048-96-019. [Settlement of Claim, Theresa Thompson] Resolution approving the settlement of the unlitigated claim of Theresa Thompson by payment of $27,000. (City Attorney) Referred to Government Efficiency/Labor Committee. File 068-95-009.02. [Amendment, 1996 Emergency Shelter Grant Program] Resolution approving an amendment to the 1996 Emergency Shelter Grants Program; approving Addendum No. 1 to the expenditure schedule for recipient agencies, and determining that no environmental evaluation is required. (Mayor's Office of Community Development) Referred to Budget Committee with request it be considered at the June 12, 1996 meeting. File 079-95-006.01. [Amendment, 1996 Community Development Program] Resolution approving an amendment to the 1996 Community Development Program by (1) authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend $1,893,400 in additional Community Development Block Grant funds and transfer $297,269 from reprogrammed funds and existing contingencies under the City's 1996 Community Development Block Grant (CDBG) Program from the U.S. Department of Housing and Urban Development, (2) approving Addendum 1 to the expenditure schedule for recipient departments and agencies previously approved by the Board of Supervisors; and (3)authorizing the Mayor to designate individual(s) to act as certifying officer for federal environmental review. (Also see Files 68-95-9 and 68-95-9.1). (Mayor's Office of Community Development). Referred to Budget Committee with request it be considered at the June 12, 1996 meeting. File 096-96-001. [Sale of Surplus City-Owned Property] Resolution confirming sale of surplus City-owned property. (Also see Files 96-93-5 and 96-95-3). (Real Estate Department) (Assessor's Block 6203, Lot 2, 400 Campbell St.; Assessor's Block 513, Lot 15, 2475 Greenwich St.) Referred to Budget Committee. File 255-96-001. [Mission Bay North Survey Area] Resolution designating and describing the Mission Bay North Survey Area in accordance with the California Community Redevelopment Law. (Also see Files 255-90-5, 255-90-6, and 255-95-2). (Redevelopment Agency) Referred to Housing and Land Use Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Kennedy, that letter be sent to Assistant Secretary, Housing and Urban Development, transmitting correspondence from Chester Meadows concerning alleged unfair eviction. By Supervisor Kennedy, that letter be sent to his Honor, the Mayor, and Chief of Police to determine if drug forfeiture funds or some other funds can be used to provide matching funds for the Northern California Service League Roads to Recovery program fund raising challenge. By Supervisor Bierman, that letter be sent to the Planning Department concerning the problem of lack of notice to residents of projects in neighborhood commercial zones and that the City Attorney has been requested to draft legislation to require such notice. In the interim, the Supervisor inquires whether the Planning Department can provide notice on all new construction in neighborhood commercial zones. By Supervisor Bierman, that City Attorney prepare ordinance amending the Planning Code by adding Section 703.3 to require notice to residents of new construction in neighborhood commercial districts. The language for notice could be modeled after Planning Code Section 311 for R Districts (the new notice that the Jordan Commission approved rather than revised rear yard requirements). By Supervisor Alioto, that City Attorney examine and move forward with litigation seeking to amend the franchise fee agreement between the City and County of San Francisco and Pacific Gas and Electric Company. By Supervisor Alioto, that City Attorney draft an ordinance amending the franchise agreement between the City and County of San Francisco and Pacific Gas and Electric Company to increase the franchise fee on the sale of gas and electricity to a minimum of two percent. File 32-96-2. By Supervisor Yaki, that City Attorney review, prepare and approve as to form proposed amendments to Administrative Code, Chapter 37, concerning senior housing protection. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Shelley Salieri (By the entire Board) Marsha Bursey Sponsor Supervisor Kennedy. Verlie Jordan Sponsor Supervisor Kennedy. File 2-96-22 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 5:02 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 July 8, 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