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Board of Supervisors Minutes: July 8, 1996

This is a page-by-page text extraction provided for search and accessibility. Extraction errors may be present. The linked official HTML is the authoritative public record.

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Structured legislative records

43 files
FILE 34-96-4SOURCE PAGE 1
Sidewalk Width Regulations, Fulton Street

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FILE 34-96-5SOURCE PAGE 1
Sidewalk Width Regulations, Langton Street

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FILE 97-96-19.2SOURCE PAGE 1
Chief Administrative Officer

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FILE 65-96-8.1SOURCE PAGE 1
Redevelopment Agency Rooftop Surface Lease

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FILE 106-96-2SOURCE PAGE 1
Compensation Schedules for Superior Court

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FILE 106-96-3SOURCE PAGE 1
Compensation, Municipal Court, FY 1996-97

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FILE 172-96-18SOURCE PAGE 1
Medical Services Contract

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FILE 172-96-19SOURCE PAGE 1
Medical Services Contract

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other

[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. 292-96 Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote:

Ayes: Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

other

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Ayes: None

Noes: None

Absent: Katz

FILE 37-96-1.12SOURCE PAGE 1
Findings

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other

[Findings] Motion adopting findings related to the appeal of the City Planning Commission approval of Conditional Use Application 95.393C, on property located at 669-677 Portola Drive. File 37-96-1.12 Supervisor Teng Excused From Voting On advice of the City Attorney, Supervisor Teng requested to be excused from voting. Thereupon, Supervisor Ammiano, seconded by Supervisor Katz, moved to excuse Supervisor Teng from voting. Motion adopted by the following vote:

Ayes: Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Katz, Leal, Shelley, Teng, Yaki

Noes: None

other

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Ayes: None

Noes: None

Excused: Hsieh, Teng

FILE 127-96-3SOURCE PAGE 1
Transient Occupancy Tax

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amendment

[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. 290-96 (Adds Sections 502.6-1 and 502.8-1.) Finally passed by the following vote:

Ayes: Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 65-96-9SOURCE PAGE 1
Bay Area Cellular Telephone Company Transmitter Lease

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other

[Bay Area Cellular Telephone Company Transmitter Lease] Ordinance authorizing and approving a lease of cellular transmitter space in Fire Department Headquarters to Bay Area Cellular Telephone Company (BACTC). (Real Estate Department) File 65-96-9, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote:

Ayes: Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

other

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Ayes: None

Noes: Bierman

FILE 97-95-34SOURCE PAGE 1
Telecommunications Commission

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amendment

[Telecommunications Commission] Ordinance amending Administrative Code, to create a Department of Telecommunications and Information Services, a Telecommunications Commission, and a Telecommunications Plan and to transfer certain functions regarding cable television franchises from the Chief Administrative Officer to the Department of Telecommunications and Information Services and to limit the duration of new cable television franchises to ten years. Sponsors Supervisors Bierman, Ammiano, Alioto. File 97-95-34, Ordinance No. (Adds Sections 11.50, 11.51, 11.52, 11.53, 11.54, 11.55, 11.45 and 11.46.) Supervisor Bierman, seconded by Supervisor Leal, moved to amend page four, line 23 by adding a new "(iv)" to read: "(iv) negotiating and recommending to the Board cable television franchises" and re-number the old "(iv)" to "(v)" and "(v")" to "(vi)"; amend page seven, line 22 after "submitted to the" by inserting "Mayor and the"; clerical correction on page four, line three, by renumbering the second "(f)" to "(g)". Motion to amend adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 121-96-8.1SOURCE PAGE 1
Home Delivery Services

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SponsorsShelley

amendment

[Home Delivery Services] Ordinance amending Police Code, relating to home delivery services. Sponsor Supervisor Shelley. File 121-96-8.1, Ordinance No. (Amends Section 3305.1.) Passed for second reading by the following vote:

Ayes: Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Katz, Leal, Shelley, Teng, Yaki

Noes: None

amendment

Supervisor Teng, seconded by Supervisor Yaki, moved to amend by reinstating the previous language. After a period of debate, there being no objection, Supervisor Teng withdrew the motion to amend. The roll was then called on the pending legislation and it was passed for second reading by the following vote:

Ayes: Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 246-96-1SOURCE PAGE 1
Charter Amendment, Retiree COLA Proposal

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amendment

[Charter Amendment, Retiree COLA Proposal] Charter amendment (Fourth Draft) (((Third Draft))) amending the charter by adding Section A8.526-1 relating to a supplemental cost of living benefit for retirees and their survivors. Sponsor Supervisor Bierman. File 246-96-1 Supervisor Bierman, seconded by Supervisor Teng, moved an amendment of the whole (Fourth Draft) amending the charter by adding Section A8.526-1 relating to a supplemental cost of living benefit for retirees and their survivors." Amendment of the whole adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 249-96-1SOURCE PAGE 1
Charter, Board of Supervisors Compensation

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continuance

[Charter, Board of Supervisors Compensation] Charter amendment (Second Draft) amending Section 2.100 to set the salary for members of the Board of Supervisors at $50,000 per year and by adding Section A8.502-1 to make members of the Board of Supervisors members of the Retirement System. Sponsors Supervisors Ammiano, Bierman. File 249-96-1 (Fiscal Impact.) Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 253-96-1SOURCE PAGE 1
Charter, Firefighters Retirement Benefits

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continuance

[Charter, Firefighters Retirement Benefits] Charter amendment (Third Draft) amending Appendix A8.588 relating to retirement benefits for firefighters. Sponsor Supervisor Shelley. File 253-96-1 Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

FILE 257-96-1SOURCE PAGE 1
Charter Amendment, Consent Decrees

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continuance

[Charter Amendment, Consent Decrees] Charter amendment (Second Draft) amending Section 10.102 relating to the hiring and promotion of uniformed members of the San Francisco Police and Fire Departments. Sponsor Supervisor Shelley. File 257-96-1 Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

continuance

se the General Fund Reserve from $12.0 to $14.6 million. The remaining $2.4 million was reallocated to various programs. Supervisor Hsieh indicated the Budget Committee will continue to monitor state and federal actions on any potential reductions in revenues. Supervisor Hsieh thanked Supervisors Kaufman and Bierman for their time, efforts, dedication and insight during the budget review process and acknowledged the work of the Budget Analyst, Controller, Mayor's Budget Office, the committee clerk and various legislative assistants to members of the Committee. A complete copy of the Budget Statement is on file in the Office of the Clerk of the Board of Supervisors. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). Sponsors Supervisors Kaufman, Yaki. Supervisor Kaufman, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

other

Recess The Board recessed at the hour of 3:09 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 3:59 p.m., reconvened. The following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Katz, Leal, Shelley, Teng, Yaki - 10. Noted absent: Supervisor Hsieh - 1. Quorum present. 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 City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). The meeting was informational only and no action was taken. Report on Closed Session 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 Leal, seconded by Supervisor Yaki, moved adoption. Motion adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Teng, Yaki

Noes: None

other

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Ayes: None

Noes: None

Absent: Hsieh

FILE 6-96-103SOURCE PAGE 1
Commending Bank of America

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SponsorsKaufman

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FILE 12-96-36SOURCE PAGE 1
Supporting SB 1545-Electronics Recycling

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FILE 12-96-37SOURCE PAGE 1
State Budget

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FILE 12-96-38SOURCE PAGE 1
Multi-Lingual Testing - DMV

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FILE 13-96-27SOURCE PAGE 1
Federal Legislation

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FILE 13-96-29SOURCE PAGE 1
Urging Release of Seized NZT Drug

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FILE 30-96-13SOURCE PAGE 1
Contract Dispute

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FILE 154-96-1SOURCE PAGE 1
Adult and Juvenile Probation Departments

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FILE 189-96-2SOURCE PAGE 1
Revision of Telecommunications Guidelines

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FILE 58-96-20SOURCE PAGE 1
Final Map, 650 Second Street

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referral

[Final Map, 650 Second Street] Motion approving final map of 650 Second Street, a Live/Work Condominium Project, being a resubdivision of Lot 2A in Assessor's Block 3788, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-20 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. The foregoing items on the For Adoption Without Committee Reference Calendar were adopted by the following vote:

Ayes: Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Shelley, Teng, Yaki

Noes: None

other

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Ayes: None

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Absent: Hsieh, Leal

FILE 093-94-017.05SOURCE PAGE 1
Compensation, Arbitrator's Award

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FILE 097-96-041SOURCE PAGE 1
Gender Parity Funding Reports

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FILE 154-96-001.01SOURCE PAGE 1
Retirement

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FILE 203-96-001SOURCE PAGE 1
Quitclaim Deed, Excelsior Youth Center

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FILE 001-96-028SOURCE PAGE 1
Leaves of Absence

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Commend Japanese Cultural/Community Center

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FILE 020-96-011SOURCE PAGE 1
Pedestrian Preferred Crossing

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FILE 064-96-014SOURCE PAGE 1
Lease of Real Property

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FILE 030-96-014SOURCE PAGE 1
Healthy Cities

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FILE 244-96-007SOURCE PAGE 1
Treasure Island Reuse Plan

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FILE 258-96-001SOURCE PAGE 1
YWCA Chinatown Center

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Western Addition YWCA Building

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FILE 124-96-008SOURCE PAGE 1
Skateboarding Activities

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FILE 200-96-006SOURCE PAGE 1
Utility Undergrounding Fund

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FILE 244-96-008SOURCE PAGE 1
Crissy Field Plan

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Needle Exchange Emergency

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JOURNAL OF PROCEEDINGS BOARD OF SUPERVISORS Monday, July 8, 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 2:04 p.m. On call of the roll, the following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Hsieh, Kaufman, Shelley, Teng, Yaki - 8. Noted absent at first roll call: Supervisors Brown, Katz, Leal - 3. Quorum present. Supervisor Brown was noted present at 2:05 p.m. Supervisor Leal was noted present at 2:05 p.m. Supervisor Katz was noted present at 2:13 p.m. APPROVAL OF JOURNALS There being no errors, corrections or omissions, Supervisor Yaki, seconded by Supervisor Teng, moved that the Journal of Proceedings for Tuesday, May 28, 1996, be approved. Motion carried by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair. Suspension of the Rules for Presentation of Guests Supervisor Teng, seconded by Supervisor Yaki, moved to suspend Rule 2.21 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to Mrs. Lei. No objection and motion carried. Supervisor Teng introduced and welcomed Mrs. Lei and her family, Sue and Billy, and presented her with a copy of the resolution concerning Old Uncle Gaylord Ice Cream Parlor. Mrs Lei thanked the Board of Supervisors for the commendation and the efforts the Supervisors put forth on her behalf. The President resumed the Chair after the presentation. CONSENT CALENDAR Recommendations of Housing and Land Use Committee Finally Passed [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. 284-96 (Adds Section 1524.) Finally passed. [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 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. 285-96 (Adds Section 1525.) Finally passed. Recommendation of Select Committee on Charter Implementation Finally Passed [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. 287-96 (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.) Finally passed. Recommendations of Government Efficiency and Labor Committee Finally Passed [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. (Chief Administrative Officer) File 65-96-8.1, Ordinance No. 286-96 Finally passed. [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. 288-96 Finally passed. [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. 289-96 Finally passed. [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. 291-96 Finally passed. [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. 292-96 Finally passed. The foregoing items on the Consent Calendar were acted upon by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Katz - 1. REGULAR CALENDAR UNFINISHED BUSINESS From the Clerk (Supervisor Hsieh Excused from Voting) (See Journal of Proceedings of May 6, 1996.) (Supervisor Teng was absent during Public Hearing.) Adopted [Findings] Motion adopting findings related to the appeal of the City Planning Commission approval of Conditional Use Application 95.393C, on property located at 669-677 Portola Drive. File 37-96-1.12 Supervisor Teng Excused From Voting On advice of the City Attorney, Supervisor Teng requested to be excused from voting. Thereupon, Supervisor Ammiano, seconded by Supervisor Katz, moved to excuse Supervisor Teng from voting. Motion adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Katz, Leal, Shelley, Teng, Yaki - 11. The roll was then called on the main motion and it was adopted by the following vote: Ayes: Supervisors Ammiano, Brown, Katz, Kaufman, Leal, Shelley, Yaki - 7. Noes: Supervisors Alioto, Bierman - 2. Excused: Supervisors Hsieh, Teng - 2. Recommendation of Budget Committee Finally Passed [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. 290-96 (Adds Sections 502.6-1 and 502.8-1.) Finally passed by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. NEW BUSINESS Recommendation of Government Efficiency and Labor Committee Passed for Second Reading [Bay Area Cellular Telephone Company Transmitter Lease] Ordinance authorizing and approving a lease of cellular transmitter space in Fire Department Headquarters to Bay Area Cellular Telephone Company (BACTC). (Real Estate Department) File 65-96-9, Ordinance No. (Fiscal Impact.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Noes: Supervisor Bierman - 1. Recommendations of Rules Committee Passed for Second Reading as Amended [Telecommunications Commission] Ordinance amending Administrative Code, to create a Department of Telecommunications and Information Services, a Telecommunications Commission, and a Telecommunications Plan and to transfer certain functions regarding cable television franchises from the Chief Administrative Officer to the Department of Telecommunications and Information Services and to limit the duration of new cable television franchises to ten years. Sponsors Supervisors Bierman, Ammiano, Alioto. File 97-95-34, Ordinance No. (Adds Sections 11.50, 11.51, 11.52, 11.53, 11.54, 11.55, 11.45 and 11.46.) Supervisor Bierman, seconded by Supervisor Leal, moved to amend page four, line 23 by adding a new "(iv)" to read: "(iv) negotiating and recommending to the Board cable television franchises" and re-number the old "(iv)" to "(v)" and "(v")" to "(vi)"; amend page seven, line 22 after "submitted to the" by inserting "Mayor and the"; clerical correction on page four, line three, by renumbering the second "(f)" to "(g)". Motion to amend adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Passed for second reading as amended by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Appointment of President Pro Tempore At the request of the President, Supervisor Yaki assumed the Chair so the President could participate in the debate from the floor. Passed for Second Reading; Rescinded; Passed for Second Reading [Home Delivery Services] Ordinance amending Police Code, relating to home delivery services. Sponsor Supervisor Shelley. File 121-96-8.1, Ordinance No. (Amends Section 3305.1.) Passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Katz, Leal, Shelley, Teng, Yaki - 11. Supervisor Brown, seconded by Supervisor Bierman, moved to rescind the previous vote: Motion to rescind the previous vote adopted by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Kaufman, Katz, Leal, Shelley, Teng, Yaki - 11. Supervisor Teng, seconded by Supervisor Yaki, moved to amend by reinstating the previous language. After a period of debate, there being no objection, Supervisor Teng withdrew the motion to amend. The roll was then called on the pending legislation and it was passed for second reading by the following vote: Ayes: Supervisors Alioto, Ammiano, Bierman, Brown, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. (Pursuant to the provisions of the Board's Rules of Order, at least six days must intervene between the first appearance of a proposed Charter amendment before the Board as a referral from Committee and any Board order of submission to the electorate. In accordance therewith, consideration of the following proposed Charter amendments appropriately may be continued at least one week.) Consideration Continued as Amended [Charter Amendment, Retiree COLA Proposal] Charter amendment (Fourth Draft) (((Third Draft))) amending the charter by adding Section A8.526-1 relating to a supplemental cost of living benefit for retirees and their survivors. Sponsor Supervisor Bierman. File 246-96-1 Supervisor Bierman, seconded by Supervisor Teng, moved an amendment of the whole (Fourth Draft) amending the charter by adding Section A8.526-1 relating to a supplemental cost of living benefit for retirees and their survivors." Amendment of the whole adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration as amended to July 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Consideration Continued [Charter, Board of Supervisors Compensation] Charter amendment (Second Draft) amending Section 2.100 to set the salary for members of the Board of Supervisors at $50,000 per year and by adding Section A8.502-1 to make members of the Board of Supervisors members of the Retirement System. Sponsors Supervisors Ammiano, Bierman. File 249-96-1 (Fiscal Impact.) Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Charter, Firefighters Retirement Benefits] Charter amendment (Third Draft) amending Appendix A8.588 relating to retirement benefits for firefighters. Sponsor Supervisor Shelley. File 253-96-1 Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. [Charter Amendment, Consent Decrees] Charter amendment (Second Draft) amending Section 10.102 relating to the hiring and promotion of uniformed members of the San Francisco Police and Fire Departments. Sponsor Supervisor Shelley. File 257-96-1 Supervisor Leal, seconded by Supervisor Brown, moved to continue consideration to July 15, 1996. Motion to continue adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. The President resumed the chair. Budget Statement to the Board of Supervisors on behalf of the Budget Committee Supervisor Tom Hsieh, chair of the Budget Committee, presented an oral report to the Board highlighting some of the actions and recommendations of the Committee concerning the 1996-1997 Budget. The Budget Committee achieved General Fund savings of approximately $5.0 million and thereby was able to increase the General Fund Reserve from $12.0 to $14.6 million. The remaining $2.4 million was reallocated to various programs. Supervisor Hsieh indicated the Budget Committee will continue to monitor state and federal actions on any potential reductions in revenues. Supervisor Hsieh thanked Supervisors Kaufman and Bierman for their time, efforts, dedication and insight during the budget review process and acknowledged the work of the Budget Analyst, Controller, Mayor's Budget Office, the committee clerk and various legislative assistants to members of the Committee. A complete copy of the Budget Statement is on file in the Office of the Clerk of the Board of Supervisors. Conference with City Attorney - Litigation From the President Adopted [Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of reviewing the City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). Sponsors Supervisors Kaufman, Yaki. Supervisor Kaufman, seconded by Supervisor Yaki, moved adoption. Adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Hsieh, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 11. Recess The Board recessed at the hour of 3:09 p.m. to convene in closed session. Reconvening of the Board The Board, at the hour of 3:59 p.m., reconvened. The following Supervisors were noted present: Supervisors Alioto, Ammiano, Bierman, Brown, Kaufman, Katz, Leal, Shelley, Teng, Yaki - 10. Noted absent: Supervisor Hsieh - 1. Quorum present. 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 City's position on whether the City should initiate litigation against Viacom and/or TCI related to telecommunications franchise issues, as permitted by Government Code Section 54956.9(c). The meeting was informational only and no action was taken. Report on Closed Session 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 Leal, seconded by Supervisor Yaki, moved adoption. Motion adopted by the following vote: Ayes: Supervisors Alioto, Brown, Ammiano, Bierman, Katz, Kaufman, Leal, Shelley, Teng, Yaki - 10. Absent: Supervisor Hsieh - 1. PUBLIC COMMENT The privilege of the floor was granted to the following persons: Patricia Vaughey, neighborhood participation; Eula Walters, save Ferry Park; Leboriae P. Smoore, police brutality, housing; Constance Kuruppu, Alice Griffith Project; Wendy, police officers, illegal drug actions; Sarah Murphy, police, housing, evictions; Female speaker, homeless. 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. Adopted [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. Sponsor Supervisor Kaufman. File 6-96-103, Resolution No. 627-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. [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. Sponsors Supervisors Yaki, Alioto, Bierman, Leal. File 12-96-36, Resolution No. 628-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. In connection with the above item, Supervisor Leal requested to be added as co-sponsor. [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. (Supervisors Alioto, Bierman, Leal, Yaki File 12-96-37, Resolution No. 629-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki requested to be added as co-sponsors. [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. Sponsors Supervisors Leal, Alioto, Bierman, Yaki, Katz. File 12-96-38, Resolution No. 630-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. In connection with the above item, Supervisors Yaki, Katz requested to be added as co-sponsors. [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. Sponsors Supervisors Alioto, Bierman. File 13-96-27, Resolution No. 631-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. [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. Sponsors Supervisors Ammiano, Alioto, Bierman, Leal, Yaki, Katz. File 13-96-29, Resolution No. 632-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. In connection with the above item, Supervisors Leal, Yaki, Katz requested to be added as co-sponsors. [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. Sponsor Supervisor Ammiano. File 30-96-13, Resolution No. 633-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. [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. Sponsors Supervisors Yaki, Bierman. File 154-96-1, Resolution No. 634-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. In connection with the above item, Supervisors Bierman requested to be added as co-sponsor. [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. Sponsors Supervisors Yaki, Shelley. File 189-96-2, Resolution No. 635-96 (July 1, 1996 - Introduced in Board for consideration on July 8, 1996.) Adopted. [Final Map, 650 Second Street] Motion approving final map of 650 Second Street, a Live/Work Condominium Project, being a resubdivision of Lot 2A in Assessor's Block 3788, and adopting findings pursuant to City Planning Code Section 101.1. (Department of Public Works) File 58-96-20 (July 1, 1996 - Introduced in Board for consideration on July 8, 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, Shelley, Teng, Yaki - 9. Absent: Supervisors Hsieh, Leal - 2. OFF-CALENDAR LEGISLATION ROLL CALL FOR INTRODUCTION OF MEASURES AND COMMUNICATIONS NOT CONSIDERED OR REPORTED ON BY COMMITTEE Referred to Committee [Compensation, Arbitrator's Award] Ordinance amending Ordinance No. 316-94 to implement the provisions of the arbitrator's award amending the memorandum of understanding between the Building Inspectors Association and the City and County to be effective July 1, 1996 through June 30, 1997. Supervisor Shelley presented. Referred to Government Efficiency/Labor Committee with request it be considered at the July 23, 1996 meeting. File 093-94-017.05. [Gender Parity Funding Reports] Ordinance amending Administrative Code by adding Section 3.17-3, requiring the Mayor's Office of Children, Youth and Families to annually report funds allocated by all departments and agencies of the City and County and the amount of the actual services rendered by them to young males under 18 years of age and young females under 18 years of age and to identify disparities in either the funding allocations and/or the amount of the actual services rendered. Supervisors Kaufman, Leal presented. Referred to Economic Vitality/Social Policy Committee with request it be considered at the July 16, 1996 meeting. File 097-96-041. [Retirement] Ordinance authorizing amendment to the contract between the City and County and the Board of Administration of the California Public Employees' Retirement System, to transfer prior service for safety members in the Adult and Juvenile Probation Departments who elected prospective membership on September 1, 1990. Supervisor Yaki presented. Referred to Government Efficiency/Labor Committee with request it be considered at the July 23, 1996 meeting. File 154-96-001.01. [Quitclaim Deed, Excelsior Youth Center] Ordinance authorizing and directing execution of a quitclaim deed from the City and County to the San Francisco Unified School District, a political subdivision of the State of California, for the San Francisco community school site and adopting findings pursuant to City Planning Code Section 101.1. Supervisor Shelley presented. Referred to Budget Committee. File 203-96-001. Referred to Board [Leaves of Absence] Resolution granting leaves of absence to various city and county officers with permission to leave the state. (Clerk of the Board) Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 001-96-028. [Commend Japanese Cultural/Community Center] Resolution commending the Japanese Cultural and Community Center of Northern California on the 10th anniversary of the opening of the community center and declaring July 21, 1996 at "JCCNC Day". Supervisors Teng, Yaki, Bierman, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 006-96-104. [Pedestrian Preferred Crossing] Resolution urging the Parking and Traffic Commission and the Director of Parking and Traffic to consider the feasibility of installing pedestrian preferred crossing signals at the intersection of Castro and 18th Streets. Supervisor Leal presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 020-96-011. Referred to Committee [Lease of Real Property] Resolution authorizing the City, as tenant, to enter into a lease with the San Francisco Unified School District, as landlord, for the lease of a portion of the San Francisco Community School play yard for the construction and operation of a youth center, which lease includes indemnities given by the City. Supervisor Shelley presented. Referred to Budget Committee. File 064-96-014. Referred to Board [Healthy Cities] Resolution supporting the San Francisco Healthy Cities Tenderloin Family Health Care Project. Supervisor Ammiano presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 030-96-014. Referred to Committee [Treasure Island Reuse Plan] Resolution authorizing and endorsing for submittal to the Federal Government a proposed draft reuse plan for the conversion of Naval Station Treasure Island, including a proposed conveyance plan and homeless assistance submission, as the preferred alternative for the purposes of initiating environmental analysis and meeting the requirements of federal base closure laws. Mayor Brown presented. Referred to Select Committee on Base Closures with request it be considered at the July 16, 1996 meeting. File 244-96-007. Referred to Board [YWCA Chinatown Center] Resolution urging the YWCA Board of Directors to grant a 60-day extension to the Chinese community to solicit interest from community based entities to utilize the 965 Clay Street YWCA building for the community. Supervisors Teng, Bierman, Ammiano, Katz, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 258-96-001. [Western Addition YWCA Building] Resolution recognizing the historical significance and the contributions of the Japanese community to the Western Addition YWCA building and urging the YWCA Board of Directors to negotiate a sale of the building with a community-based entity to serve the needs of the Japantown and Western Addition communities. Supervisors Teng, Yaki, Brown, Bierman, Ammiano, Katz, Alioto, Shelley presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 258-96-002. Requests for Hearings: [Skateboarding Activities] Hearing to consider skateboarding activities in order to protect the waterfront promenade and the new Main Library from any further damages and to explore reasonable alternatives for skateboarders. Supervisors Yaki, Brown presented. Referred to Housing and Land Use Committee. File 124-96-008. [Utility Undergrounding Fund] Hearing to consider the status of the fund established to pay for utility undergrounding in San Francisco, pursuant to California Public Utilities Commission Rule 20(a). Supervisor Leal presented. Referred to Health/Public Safety/Environment Committee with request it be considered at the August 1, 1996 meeting. File 200-96-006. [Crissy Field Plan] Hearing to consider the Crissy Field Plan Environmental Assessment and the impact it will have on the Marina District. Supervisor Alioto presented. Referred to Health/Public Safety/Environment Committee with request it be considered on July 18, 1996. File 244-96-008. Motions: Referred to Board [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. Supervisors Alioto, Leal, Bierman, Shelley, Teng, Hsieh, Ammiano, Yaki, Kaufman, Katz, Brown presented. Referred to Board for Adoption Without Committee Reference Calendar July 15, 1996. File 030-96-001.13. Introduced by the President at the Request of Departments Ordinances Referred to Committee File 036-96-007. [Zoning Map Amendment, 901 Polk Street] Ordinance adopting changes in property use classification as an amendment to the Zoning Map of the City and County of San Francisco for property located at 901 Polk Street at O'Farrell from a NC-3 District to Van Ness Special Use District; adopting findings pursuant to City Planning Code Section 101.1; companion measure to Files 81-96-2 and 81-96-2.1. (Planning Department) (City Planning Resolution No. 14125, adopted 6/6/96.) Referred to Housing and Land Use Committee. File 081-96-002.01. [Van Ness Special Use District] Ordinance amending Planning Code by amending Sections 243 and 607.3 to allow for the replacement and/or restoration of signs on designated landmarks within the Van Ness Special Use District; adopting findings pursuant to City Planning Code Section 101.1; companion measure to Files 81-96-2 and 36-96-7. (Planning Department) (City Planning Resolution No. 14126, adopted 6/6/96.) Referred to Housing and Land Use Committee. File 093-95-052.01. [Amendment to MOU, Local 856] Ordinance amending Ordinance No. 21-96 to implement the provisions of a Memorandum of Understanding between the Freight Checkers, Clerical Employees and Helpers, Local 856, and the City and County of San Francisco for Bargaining Unit 11B, Supervising Registered Nurses, effective July 1, 1996 through June 30, 1997. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 093-96-026. [Settlement of Grievances] Ordinance authorizing the Human Resources Director, with the approval of the City Attorney, to settle grievances pursuant to valid Memoranda of Understanding between the City and employee representatives for amounts not to exceed $50,000 to be paid subject to certification of availability of funds by the Controller. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. Resolutions Referred to Committee File 047-96-008. [Port Parking Garage, Mid-Embarcadero Project] Resolution endorsing, as in the public interest, of an underground parking garage of up to 350 spaces on the southern half of Block 202 to be included as part of the preferred alternative for the Mid-Embarcadero Replacement Project and requesting the Port and the Waterfront Transportation Projects Office to pursue full funding of the Mid-Embarcadero Replacement Project, including the underground parking garage. (Also see File 85-95-5). (Chief Administrative Officer) Referred to Housing and Land Use Committee. File 064-96-013. [Lease Extension at 732 Brannan Street] Resolution authorizing extension of an existing month-to-month lease of real property at 732 Brannan Street for the Office of the District Attorney. (Real Estate Department) Referred to Government Efficiency/Labor Committee. File 081-96-002. [Findings, 1000 Van Ness Avenue/901 Polk Street] Resolution incorporating by reference findings made by the San Francisco City Planning Commission and adopting findings pursuant to the California Environmental Quality Act relating to the construction of a mixed-used development project at 1000 Van Ness Avenue/901 Polk Street, as analyzed in the Final Environmental Impact Report, Case No. 94.618E; companion measure to Files 81-96-2.1 and 37-96-7. (Planning Department) Referred to Housing and Land Use Committee. File 089-96-005. [SDI Coverage, Classification 9254] Resolution authorizing enrollment of classification(s) 9254 Assistant to the Director, Bureau of Communications in the State Disability Insurance Program. (Department of Human Resources) Referred to Government Efficiency/Labor Committee. File 100-96-005. [Transfer of Hetch Hetchy Surplus Funds] Resolution concurring with the Public Utilities Commission's fact finding that a fund surplus of $30,165,393 exists in the Utilities which can be transferred to the General Fund. (Public Utilities Commission) Referred to Budget Committee. Requests Granted There being no objection, the Board directed the Clerk to comply with the following requests: By Supervisor Leal, that City Attorney draft amendment to Administrative Code Chapter 12D, Minority/Women/Local Business Enterprise Ordinance based on July 11, 1996 recommendations from Coalition for Economic Equity. By Supervisors Brown, Yaki, that City Attorney review Traffic Code Section 100 concerning use of skateboards and its impact on health, safety and property related issues. File 124-96-8. By Supervisor Alioto, that City Attorney render a legal opinion regarding tax exemption on properties administered by the Presidio Trust. Specifically, does the Presidio Trust legislation exempt businesses which locate in the Presidio from San Francisco taxes (in particularly San Francisco's business tax). Motions Adopted Motion that the Board adjourns its meeting this date out of respect to the memory of the following deceased: Consoladora Manlapaz Sponsor Supervisor Shelley. Rosalie Love Sponsor Supervisor Brown. File 2-96-28 Unanimously adopted by a rising vote. ADJOURNMENT There being no further business, the Board at the hour of 4:39 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 August 12, 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