Board of Supervisors Minutes: July 1, 1996

JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, July 1, 1996 - 2:00 p.m. The Board of Supervisors of the City and County of San Francisco met in regular session on the above date with President Kevin Shelley presiding. CALLING THE ROLL The meeting was called to order at 2:08 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 9. Noted absent at first roll call: Supervisors Alioto, Teng - 2. Quorum present. Supervisor Alioto was noted present at 2:10 p.m. Supervisor Teng excused, on official leave of absence. CONSENT CALENDAR Recommendations of Select Committee on Charter Implementation Finally Passed [General Plan Referrals] Ordinance amending Administrative Code to provide for General Plan referrals. Sponsor Supervisor Kaufman. File 97-96-35, Ordinance No. 279-96 (Adds Section 3.012.) Finally passed. [General Plan Referral, Capital Improvement] Ordinance amending Administrative Code to provide for General Plan referrals by the Capital Improvement Advisory Committee. Sponsor Supervisor Kaufman. File 97-96-36, Ordinance No. 280-96 (Amends Section 3.011.) Finally passed. Recommendations of Rules Committee Finally Passed [Tour Bus Prohibition] Ordinance amending Ordinance No. 88-96, which amended the Police Code to prohibit tour buses on El Camino Del Mar between the Presidio (approximately 290 feet east of 25th Avenue) and Legion of Honor Drive, and 25th Avenue between Lake Street and El Camino Del Mar through June 30, 1996, by amending Section 3 to provide that this prohibition on tour buses shall expire on June 30, 1997 rather than June 30, 1996. Sponsors Supervisors Shelley, Yaki. File 121-96-2.1, Ordinance No. 281-96 Finally passed. [Extend Sunset Clause - Tour Bus Prohibition on 15th Ave.] Ordinance amending Ordinance No. 115-96, which amended the Police Code to prohibit tour buses on 15th Avenue from Lake Street to the Presidio through June 30, 1996 by amending Section 2 to provide that this prohibition on tour buses shall expire on June 30, 1997 rather than June 30, 1996. Sponsors Supervisors Shelley, Yaki. File 121-96-5.2, Ordinance No. 282-96 Finally passed. Recommendation of Health, Public Safety and Environment Committee Finally Passed [Regulating the Sale of "Saturday Night Specials"] Ordinance amending Chapter 8, Police Code, to define and prohibit the sale of certain firearms deemed "Saturday Night Specials". Sponsors Supervisors Leal, Yaki, Shelley, Kaufman, Bierman, Alioto. File 121-96-10, Ordinance No. 283-96 (Amends Sections 613.1 and 613.10; adds Section 613.10-1.) Finally passed. Recommendations of Government Efficiency and Labor Committee Adopted [Management Agreement Amendment] Resolution approving amendment of the management agreement (between Parking Authority and Five Star Parking/Universal Parking Resources) for operation of the San Francisco General Hospital Medical Center Parking System. (Real Estate Department) File 47-96-4, Resolution No. 614-96 Adopted. [Settlement of Claim, CSAA Insurance] Resolution approving the settlement of the unlitigated claim of CCAA Insurance (Charles Crockett) by payment of $12,300. (City Attorney) File 48-96-20, Resolution No. 616-96 Adopted. (Extension and Renewal of Leases] Resolution authorizing extension and renewal of eleven (11) existing leases of real property required by the Department of Public Health. (Real Estate Department) File 64-96-6, Resolution No. 619-96 Adopted. [Lease of Property at 3801 Third Street] Resolution authorizing a lease of real property at 3801 Third Street, for the Department of Public Works. (Real Estate Department) File 64-96-8, Resolution No. 620-96 Adopted. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Alioto, Teng - 2. REGULAR CALENDAR UNFINISHED BUSINESS From the Clerk (Only one of the following two Motions should be adopted.) (Supervisor Hsieh Excused from Voting.) (See Journal of Proceedings of May 6, 1996.) Adopted as Divided [Appeal, Wireless Transmission Facilities] ((Motion approving decision of the City Planning Commission by its Motions 14067 and 14072 approving Conditional Use Applications 95.348C and 95.393C, on properties located at 1700 Haight Street and 669-677 Portola Drive.)) Motion approving decision of the City Planning Commission by its Motion 14067 approving Conditional Use Application 95.348C on property located at 1700 Haight Street. File 37-96-1.4 (June 17, 1996 - Consideration continued to July 1, 1996.) At the request of Supervisor Yaki, the question was divided concerning 1700 Haight Street, so the matter could be considered separately. The roll was then called on the main motion and it was adopted as divided, by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Shelley, Yaki - 6. Noes: Supervisors Alioto, Ammiano, Bierman - 3. Excused: Supervisor Hsieh - 1. Absent: Supervisor Teng - 1. Tabled as Divided [Zoning Appeal] Motion approving decision of the Planning Commission by its Motion 14067 approving Conditional Use Application 95.348C, on property located at 1700 Haight Street. (Clerk of the Board) File 37-96-1.10 Supervisor Yaki, seconded by Supervisor Kaufman, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Yaki - 9. Excused: Supervisor Hsieh - 1. Absent: Supervisor Teng - 1. Filed [Appeal, Wireless Transmission Facilities] Motion disapproving decision of the City Planning Commission by its motions 14067 and 14072 approving Conditional Use Applications 95.348C and 95.393C, on properties located at 1700 Haight Street and 669-677 Portola Drive. File 37-96-1.5 (June 17, 1996 - Consideration continued to July 1, 1996.) No action taken; filed. Adopted as Divided [Findings] ((Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Applications 95.393C and 95.393C, on properties located at 1700 Haight Street and 669-677 Portola Drive, for action by the Board at its next meeting.)) Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application 95.393C, on property located at 669-677 Portola Drive, for action by the Board at its next meeting. File 37-96-1.6 (June 17, 1996 - Consideration continued to July 1, 1996.) At the request of Supervisor Yaki, the question was divided concerning 1700 Haight Street, so the matter could be considered separately. The roll was then called on the main motion and it was adopted as divided, by the following vote: Ayes: Supervisors Brown, Katz, Kaufman, Leal, Shelley, Yaki - 6. Noes: Supervisors Alioto, Ammiano, Bierman - 3. Excused: Supervisor Hsieh - 1. Absent: Supervisor Teng - 1. Tabled as Divided [Zoning Appeal] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application 95.348C on property located at 1700 Haight Street, for action by the Board at its next meeting. File 37-96-1.11 Supervisor Yaki, seconded by Supervisor Kaufman, moved to table. Tabled by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Yaki- 9. Excused: Supervisor Hsieh - 1. Absent: Supervisor Teng - 1. Recommendation of Government Efficiency and Labor Committee Finally Passed [Library Foundation Lease] Ordinance approving a Memorandum of Understanding between the Public Library and the Library Foundation of San Francisco for use of space in the new main library building for the performance of library-related services, generation of revenues for library department purposes and assurance of private funds to provide support on an ongoing basis for the public library system; and authorizing and approving certain agreements directly with the Library Foundation as contemplated by such MOU, including a lease of office space and an agreement giving the Foundation the right to manage the meeting rooms, auditorium and other space for private functions and special events and to charge fees for such uses. Sponsors Supervisors Kaufman, Alioto. File 65-96-5, Ordinance No. 276-96 Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Recommendations of Select Committee on Charter Implementation Finally Passed [Former Charter Provisions] Ordinance amending Administrative Code, 1932 Charter, respectively; making necessary changes to conform to the 1996 Charter; and repealing former Sections 3.201 and 7.603 of the 1932 Charter. Sponsor Supervisor Kaufman. File 97-96-19, Ordinance No. 277-96 (Adds Sections 1.49, 2.1-1, 2A.10, 2A.19, 2A.20, 2A.30, 10.01, 10.02, 10.03, 6.01, 6.02, 6.03, 6.04, 6.05, 6.06 and 2A.110, to codify Charter Sections 1.103, 2.101, 3.100, 3.302, 3.303, 3.501, 6.300, 6.306, 6.307, 7.100, 7.101, 7.102, 7.103, 7.200, 7.203 and 7.400 and repeals Charter Sections 3.201 and 7.603.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Chief Administrative Officer] Ordinance amending Administrative Code relating to functions and duties of the Chief Administrative Officer, to conform to the provisions of the Charter of 1996; and repealing various sections relating to a city hall portable communication system; temporary use of official voting machines, and contract approvals. Sponsor Supervisor Kaufman. File 97-96-19.1, Ordinance No. 278-96 (Amends Sections 1.6-A, 1.25-7, 1.48, 2.70, 2.70-5, 2.92 , 3.06, 3.019, 3.15, 4.1, 4.1-1, 4.2, 4.3, 4.9-1, 4.10, 4.10-1, 4.11, 4.12, 5.7, 5.64, 5.83, 5.108.A-1, 5.108.A-3, 5.150, 6.1-1, 6.1-2, 6.1-5, 6.3, 6.6, 6.18, 6.20, 6.21, 6.22-1, 6.28, 6.30, 6.51, 7.3, 7.6-1, 7.7, 8.3, 8.5, 8.7, 8.12.2, 8.12-1, 8.12-2.1, 9A.1, 9A.3, 9A.4, 9A.5, 9A.7, 9A.8, 9A.9, 9A.12, 9A.15, 9A.17, 9A.18, 10.24, 10.33, 10.34, 10.43-5, 10.87, 10.98-1, 10.109-6, 10.110-1, 10.117, 10.117-4, 10.117.11, 10.117-26, 10.117-30, 10.117-35, 10.117-42, 10.117-69, 10.117-70, 10.117-78, 10.126, 10.171, 10.172, 10.172-1, 10.200, 10.201, 10.204, 10F.2, 11.5, 11.6, 11.21, 11.23, 11.25, 11.26, 11.30, 11.31, 12A.5, 12D.6, 12D.7, 12D.8, 12D.12, 12D.14, 12D.15 and 12I.2 and repeals Sections 4.1-2, 4.14, and 6.29.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Recommendation of Rules Committee Adopted [Revised Rules of Order] Motion amending the Rules of Order of the Board of Supervisors by adopting a new edition of the rules. Sponsor Supervisor Shelley. File 56-96-1 (June 24, 1996 - Consideration continued to July 1, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. NEW BUSINESS Recommendations of Housing and Land Use Committee Passed for Second Reading [Sidewalk Width Regulations, Fulton Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by changing the official sidewalk width on the south side of Fulton Street, west of Stanyan Street, as shown on the Department of Public Works drawing labeled Q-20-438 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 34-96-4, Ordinance No. (Adds Section 1524.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Sidewalk Width Regulations, Langton Street] Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by establishing the official sidewalk width on the northeasterly side of Langton Street, southeasterly of Bryant Street, to the southerly terminus of Langton Street, as shown on the Department of Public Works drawing labeled Q-20-448 and making findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 34-96-5, Ordinance No. (Adds Section 1525.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Adopted [Appeal, Mental Health Service Facility Relocation] Motion concurring in the decision of the Health Commission, and approving the relocation of the South of Market Mental Health Clinic from 471 Jessie Street to 760 Harrison Street. (Housing and Land Use Committee) File 29-96-1 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Recommendation of Select Committee on Charter Implementation Passed for Second Reading [Chief Administrative Officer] Ordinance amending Administrative Code relating to functions and duties of the Chief Administrative Officer, to conform to the provisions of the Charter of 1996; and repealing various sections. Sponsor Supervisor Kaufman. File 97-96-19.2, Ordinance No. (Amends Sections 16.4, 16.6-23, 16.6-48, 16.9-24, 16.93-3, 16.113, 16.121-2, 16.121-4, 16.121-5, 16.402, 20.46, 21.2, 21.5, 21.6, 21.8, 21.11, 21.13-1, 21.15, 21.17, 21.18, 21.22, 21.25, 21.28, 21.34, 21.39, 21.46, 21.53, 21A.2, 21A.3, 22.2, 22.4, 22B.2, 23.10, 33.2, 33.10, 51.03, 51.04, 54.2, 54.4, 56.17, 57.5, 58.6, 66.6, 66A.2, 66A.14, 66A.26, 66A.27, 66A.28, 67.4, 67.29, 67.30 and 67.31 and repeals Sections 16.6-50, 16.6-52, 16.96, 16.143, 21.18-1, and 21.18-2.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Recommendations of Government Efficiency and Labor Committee Adopted [Environmental Findings, Rooftop Surface Lease] Resolution reaffirming adoption of findings and statement of overriding considerations pursuant to the California Environmental Quality Act (CEQA) for the Yerba Buena Gardens Redevelopment Agency/City Rooftop Surface Lease. (Chief Administrative Officer) File 65-96-8, Resolution No. 621-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Passed for Second Reading [Redevelopment Agency Rooftop Surface Lease] Ordinance providing for the approval, execution and delivery of the Agency Rooftop Surface Lease, between City and County of San Francisco ("City") and Redevelopment Agency ("Agency"), for a portion of the Central Block Three of the Yerba Buena Gardens; providing for the approval, execution and delivery of the Coordination Agreement, between the City and the Agency, regarding the operation and use of Central Block Three; providing for the approval, execution and delivery of the amendment to 1988 Reciprocal Easement Agreement, dated as of March 1, 1988, between the City and the Agency affecting Central Block Three; providing for the execution of any additional documents in connection therewith; and ratifying previous actions taken in connection therewith; companion measure to File 65-96-8. (Chief Administrative Officer) File 65-96-8.1, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Compensation Schedules for Superior Court] Ordinance setting schedules of compensation and other economic benefits for certain classifications of persons employed by the Superior Court. (Superior Court) File 106-96-2, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Compensation, Municipal Court, FY 1996-97] Ordinance setting schedules of compensation and other economic benefits for fiscal year 1996-97 for certain classifications of persons employed by the Municipal Court. (Municipal Court) File 106-96-3, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Medical Services Contract] Ordinance authorizing the Director of Public Health to execute an agreement with the San Francisco Health Plan for the Department of Public Health to provide services to San Francisco Health Plan members, which agreement includes binding arbitration and hold harmless clauses. (Department of Public Health) File 172-96-18, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Medical Services Contract] Ordinance authorizing the Director of Public Health to execute an agreement with the California Department of Corrections for the Department of Public Health to provide services to inmates at the Elizabeth Frye Center, which agreement includes binding arbitration and indemnification clauses. (Department of Public Health) File 172-96-19, Ordinance No. Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. Adopted [Performing Arts Garage Management Agreement] Resolution approving form of the Performing Arts Garage management agreement and bid documents, and authorizing Parking Authority to request bids for management of the Performing Arts Garage using the approved bid documents. (Real Estate Department) File 47-96-6, Resolution No. 615-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Grant - Private] Resolution authorizing the Department of Public Health, Division of Mental Health and Substance Abuse, to accept and expend a grant of $190,691, from the Miriam and Peter Haas Fund, to create an integrated model of targeted consultation by establishing an intensive consultant training program which will prepare mental health practitioners to provide consultation, staff training, prevention and early intervention services and support for constituents of licensed, center-based early childhood programs serving San Francisco's low-income families; providing for ratification of action previously taken and waiving indirect costs. Sponsors Supervisors Alioto, Shelley. File 146-96-9, Resolution No. 623-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. [Grant, Universitywide AIDS Research Program] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively and accept and expend a grant of $119,143 from the University of California Universitywide AIDS Research Program to evaluate the referral component of the HIV Counseling, Testing, Referral and Partner Notification (CTRPN) Program; waiving indirect costs and providing for ratification of action previously taken. Sponsors Supervisors Alioto, Shelley. File 146-96-10, Resolution No. 624-96 Adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Yaki - 10. Absent: Supervisor Teng - 1. SPECIAL ORDER - 3:00 P.M. Hearing Held [Public Hearing] Hearing to consider amending Ordinance concerning tax on transient occupancy of hotel rooms to increase the current total transient occupancy surcharge by two percent and to impose an additional two percent transient occupancy surcharge in certain redevelopment project areas, both sections to be effective on August 1, 1996. Sponsor Supervisor Ammiano. File 127-96-3 (June 24, 1996 - The first public hearing was held. See supra.) The privilege of the floor was granted to the following person: Rachel Pitinsky. Recommendation of Budget Committee Passed for Second Reading [Transient Occupancy Tax] Ordinance amending Municipal Code, Part III, concerning the tax on transient occupancy of hotel rooms to increase the current total transient occupancy surcharge by two percent and to impose an additional two percent transient occupancy surcharge in certain redevelopment project areas, both sections to be effective on August 1, 1996. Sponsor Supervisor Ammiano. File 127-96-3, Ordinance No. (Adds Section 502.6-1 and 502.8-1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Patricia Vaughey, Pier 39; John Flaherty, sewer smells in financial district; Brandon Johnson, Bay Area Youth News; Eula Walters, Ferry Park; Richard Robinson, homelessness; Female speaker, drug laws. 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 are introduced for adoption without committee reference. A unanimous vote is required for adoption today. Any Supervisor may require any of these measures to go to committee. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate. Severed From For Adoption Without Committee Reference Calendar Supervisor Shelley requested that the following measure be severed from the For Adoption Without Committee Reference Calendar and considered separately. Adopted [Main Library Card Catalog] Resolution urging the Library Commission to preserve the card catalog at the Main Library and make it available to the public. Sponsors Supervisors Shelley, Alioto, Bierman, Ammiano, Yaki, Katz, Leal, Bierman. File 225-96-003, Resolution No. 626-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. In connection with the above item, Supervisors Yaki, Katz, Leal, Bierman requested to be added as co-sponsors. The President resumed the Chair. The Board thereupon resumed its consideration of the following items on the For Adoption Without Committee Reference Calendar. For Adoption Without Committee Reference Calendar Adopted [Commend Chamber of Commerce] Resolution recognizing the decision by the San Francisco Chamber of Commerce to oppose the California Civil Rights Initiative and commending the Chamber for its acknowledgment that affirmative action is good business. Sponsors Supervisors Leal, Kaufman, Hsieh, Ammiano, Alioto, Katz, Bierman, Yaki, Teng, Shelley, Brown. File 006-96-098, Resolution No. 607-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. [Commend Allan Berube] Resolution congratulating Allan Berube and declaring June 17, 1996 Allan Berube Day. Sponsors Supervisors Ammiano, Alioto, Bierman. File 006-96-099, Resolution No. 608-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [Commend Derek Glass] Resolution congratulating, commending and honoring Derek Glass and declaring June 29, 1996 Derek Glass Day. Sponsors Supervisors Ammiano, Alioto, Bierman. File 006-96-100, Resolution No. 609-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [State Litigation - Tobacco Companies] Resolution urging California Attorney General Daniel E. Lungren to institute litigation against the United States tobacco companies to recover the costs of caring for people with smoking-related illnesses. Sponsors Supervisors Alioto, Yaki, Bierman. File 012-96-035, Resolution No. 612-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Bierman requested to be added as co-sponsors. [Rescheduling Full Board Meeting] Resolution revising the regular meeting schedule of the Board of Supervisors by rescheduling the September 23, 1996 meeting to September 24, 1996; and directing the Clerk of the Board of Supervisors to make public notification of such changes. Sponsors Supervisors Kaufman, Katz. File 054-96-005, Resolution No. 617-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. [Domestic Partnership Benefits Report] Resolution requesting the Health Service System and the Retirement System to provide information regarding their experience providing benefits to the domestic partners of the employees of the City and County of San Francisco to the Board of Supervisors. Sponsors Supervisors Bierman, Katz, Leal. File 099-96-001, Resolution No. 622-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Katz, Leal requested to be added as co-sponsors. [EOC/Labor Union] Resolution urging that the management of the Economic Opportunity Council reach a fair collective bargaining agreement with all of its workers. Sponsors Supervisors Ammiano, Bierman, Yaki, Katz. File 176-96-003, Resolution No. 625-96 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. In connection with the above item, Supervisors Bierman, Yaki, Katz requested to be added as co-sponsors. [Aim High] Resolution proclaiming June 29, 1996 Aim High day in San Francisco. Sponsors Supervisors Yaki, Bierman. File 4-96-15, Resolution No. 606-96 (June 25, 1996 - Introduced for consideration July 1, 1996.) Adopted. In connection with the above item, Supervisor Bierman requested to be added as co-sponsor. [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 1-96-27, Resolution No. 605-96 Adopted. [Needle Exchange Emergency] Motion concurring in the determination of the Mayor for the continued need for the declaration of emergency in connection with the needle exchange program. Sponsors Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown. File 030-96-001.12 (June 24, 1996 - Introduced in Board for consideration on July 1, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. IMPERATIVE CALENDAR Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the following two motions. Adopted [Purely Commendatory Finding] Motion that the Board finds by roll call vote that the resolutions being considered at this time are purely commendatory. Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. [Brown Act Finding] Motion that the Board finds by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Yaki, seconded by Supervisor Kaufman, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. [Imperative Resolutions] Adopted [Commending James W. Haas] Resolution commending James W. Haas for his 20 years of dedication and effort to provide the City and County of San Francisco with a new city charter. File 006-96-101, Resolution No. 610-96 Supervisors Kaufman, Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. [Commending TJ Anthony] Resolution commending TJ Anthony for his years of service to the City and County of San Francisco, especially his monumental effort in helping to draft and secure the passage of the new city charter by the voters of San Francisco. File 006-96-102, Resolution No. 611-96 Supervisors Kaufman, Leal presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. [Smyth Extradition] Resolution calling upon the President to refrain from extraditing Jimmy Smyth. File 013-96-028, Resolution No. 613-96 Supervisors Shelley, Yaki, Bierman, Ammiano, Alioto, Teng, Leal, Katz, Brown presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. [Golden Gate Bridge Barrier] Resolution urging the Board of Directors of the Golden Gate Bridge, Highway and Transportation District to implement a movable barrier system to protect the public from oncoming traffic on the Golden Gate Bridge and urging the California State Legislature to implement a safety-enhancement triple fine zone for speed limit violators on the Golden Gate Bridge and Doyle Drive approach. File 055-96-001, Resolution No. 618-96 Supervisor Alioto presented for immediate adoption. Resolution adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Yaki - 9. Absent: Supervisors Hsieh, Teng - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Special Election] Ordinance calling and providing for a Special Election to be held in the City and County of San Francisco on Tuesday, November 5, 1996, for the purpose of submitting to the voters of the City and County of San Francisco propositions to incur the following bonded debts of the City and County: (1) $73,300,000 for the acquisition, construction and/or reconstruction of a new museum facility to replace the De Young Museum;and (2) $100,000,000 for the financing of the low-income housing and down-payment assistance to low and moderate first-time homebuyers; and that the estimated cost of said projects is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated costs of such projects; fixing the date of election and the manner of holding such election and the procedure for voting for or against the propositions; fixing the maximum rate of interest on said bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; consolidating the Special Election with the General Election; and providing that the election precincts, voting places and officers for election shall be the same as for such General Election. Supervisor Shelley presented. Referred to Budget Committee with request it be considered July 10, 1996. File 060-96-006. [Transit Shelter Advertising] Ordinance amending Planning Code by amending Section 603 to permit transit shelter advertising on median public transit boarding platforms on the Embarcadero, and adopting findings pursuant to City Planning Code Section 101.1. Supervisor Yaki presented. Referred to Housing and Land Use Committee. File 115-96-008. Referred to Board [Commending Bank of America] Resolution commending Bank of America on the occasion of the opening of its newly renovated clock tower building and proclaiming Thursday, July 18, 1996 as Bank of America Day in San Francisco. Supervisor Kaufman presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 006-96-103. [Supporting SB 1545-Electronics Recycling] Resolution urging the California State Legislature to support SB 1545, a bill establishing an electronics recycling program that would promote waste reduction and recycling of computers and other electronic equipment in California. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 012-96-036. [State Budget] Resolution opposing any proposed restrictions in the state fiscal year 1996-1997 budget or any implementing legislation that restricts Proposition 99 tobacco research and media programs. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 012-96-037. [Multi-Lingual Testing - DMV] Resolution urging the State Attorney General to conclude that Article III, Section 6 of the California Constitution does not preclude the use of multi-lingual testing at the California Department of Motor Vehicles. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 012-96-038. [Federal Legislation] Resolution supporting Senate Joint Resolution 52 (SJ Res 52) that proposes an amendment to the Constitution of the United States to protect the rights of victims of crime. Supervisor Alioto presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 013-96-027. [Urging Release of Seized NZT Drug] Resolution urging the Federal Drug Administration (FDA) to intervene on behalf of people with AIDS who have severe cryptosporidiosis, to release the shipment of Nitazoxanide, an experimental drug, reported effective in treating patients with the parasite called Cryptosporidium. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 013-96-029. [Contract Dispute] Resolution urging the Mayor to urge the Health Commission to review all contracts and recommend that those contracts be awarded only to not-for-profit health care providers that operate in a responsible corporate manner. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 030-96-013. [Adult and Juvenile Probation Departments] Resolution giving notice of intention to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the Board of Supervisors relating to membership in said retirement system by members of the Adult and Juvenile Probation Departments. Supervisor Yaki presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 154-96-001. [Revision of Telecommunications Guidelines] Resolution urging the Planning Commission to revise the Wireless Telecommunication Facilities Guidelines it adopted May 23, 1996 by changing the location preferences therein to limit the opportunity for placement of such facilities in certain R-Districts until a Telecommunications Facilities Amendment has been adopted as part of the Master Plan and to recommend to the Board of Supervisors adoption of a moratorium on placement of such facilities, subject to certain conditions, for six months or upon the adoption of the Master Plan Amendment, whichever occurs later. Supervisors Yaki, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 8, 1996. File 189-96-002. Referred to Committee [Castro Street Walk of Fame] Resolution designating the sidewalk areas of Castro Street between Market and 19th Streets as a place to commemorate members of the lesbian, gay, bisexual and transgender community with commemorative street plaques pursuant to Public Works Code Section 789.2(b) and urging the Director of Public Works and the City Attorney to establish a concept paper exploring the creation of a public/private partnership to develop and implement a Walk of Fame on Castro Street. Supervisors Leal, Ammiano, Katz, Kaufman presented. Referred to Housing and Land Use Committee. File 200-96-005. Requests for Hearings: [Construction on Kensington Way] Hearing to consider construction at 118, 128 and 138 Kensington Way and requesting the staff of the Planning Department and the Bureau of Building Inspection to discuss responsibility for permitting a retaining wall to be constructed without a permit and staff of the Recreation and Parks Department to report on the status of damage to the city. Supervisor Bierman presented. Referred to Housing and Land Use Committee. File 010-96-004. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 027-96-008. [Termination of Lease, Continental Airlines] Ordinance approving early termination of Lease Nos. PUC 21391 and 21968 between Continental Airlines, Inc. and the City and County of San Francisco, acting by and through its Airports Commission. (Airports Commission) Referred to Government Efficiency/Labor Committee. File 115-96-007. [Charter Implementation Planning Code] Ordinance amending Planning Code by adding Section 108 to make the new names of the General Plan, Planning Department, Planning Commission and Board of Appeals applicable to the Planning Code, adding Section 340 to implement the Charter and provide procedures for General Plan amendments, amending Sections 302, 306, 306.1, 306.2, 306.3, 306.4, 306.5, and 308.1 to make the Planning Code consistent with the Charter and clarify procedures and amending Section 308.2 changing the time period for an appeal to a written determination of the Zoning Administrator from ten days to fifteen days as provided in the Administrative Code. (Planning Department) (City Planning Resolution No. 14138, adopted 6/13/96). (Exempt Status: General Rule Exclusion (State Guidelines, Section 15061(b)(3)). Referred to Select Committee on Charter Reform. Resolutions Referred to Committee File 025-96-014. [Prop J Contract, Intake/Shelter Services] Resolution concurring with the Controller's certification that intake and shelter services to status offenders can be practically performed by private contractor for lower cost than similar work services performed by City and County employees. (Juvenile Probation Department) Referred to Government Efficiency/Labor Committee. File 025-96-015. [Prop J Contract, Security Guard Services] Resolution concurring with the Controller's certification that security services can be practically performed by private contractor for lower cost than similar services performed by City and County employees. (Purchasing Department) Referred to Government Efficiency/Labor Committee. File 057-96-003. [Solid Waste Siting Element and Summary Plan] Resolution adopting the final draft Siting Element and final draft Summary Plan. (Chief Administrative Officer) (Final Negative Declaration adopted and issued on June 7, 1996.) Referred to Health/Public Safety/Environment Committee. File 146-96-011. [Federal Grant, Comprehensive Information System] Resolution authorizing the Department of Public Health, Community Public Health Services, to apply for retroactively a grant of $200,000 from the Health Services and Resources Administration (HRSA) for a comprehensive information system for children; providing for ratification of action previously taken. (Department of Public Health) Referred to Government Efficiency/Labor Committee. File 172-96-022. [Agreement, DHS - CA State Dept of Social Services] Resolution authorizing the Executive Director of the Department of Human Services to enter into an agreement with the California State Department of Social Services to perform licensing functions for the State with regard to Foster Family Homes. (Department of Social Services) Referred to Government Efficiency/Labor Committee. File 213-96-004. [Grant, Advanced Technology Transit Bus Project] Resolution authorizing the Public Transportation Commission to apply for, retroactively accept and expend up to $7,000,000 (including local match) of Federal Transit Administration Capital Assistance Section 3 funds to carry out Advanced Technology Transit Bus (ATTB) Demonstration Project activities; placing $7,000,000 on reserve. (Public Transportation Commission) Referred to Government Efficiency/Labor Committee. Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Juan Davis Sponsors Supervisors Yaki, Brown, Bierman. Carlos Hernandez (Entire Board) Sylvia Menendez (Entire Board) Rosita Abriam Sponsor Supervisor Alioto. Patrick J. Newsom Sponsor Supervisor Bierman. Anna Gilbert Sponsor Supervisor Kaufman. Peter Adair (Entire Board) Celia Eberhardt Sponsor Supervisor Leal. File 2-96-26 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 3:07 p.m. adjourned. Jean C. Lum, Acting Clerk N.B. This Journal of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on August 5, 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 the Board meeting of the date stated and that it was approved as recited. John L. Taylor Clerk of the Board of Supervisors