City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
February 1, 2005
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordinances
| 050173 |
[Policy to Preserve Street Tree Planting Sites] |
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Ordinance adopting a policy to preserve street tree planting sites. Supervisor Ma presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050176 |
[Amending the Planning Code to Make All Massage Establishments Conditional Uses] |
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Ordinance amending Sections 218.1, 710.54, 711.54, 712.54, 713.54, 716.54, 717.54, 718.54, 719.54, 720.54, 721.54, 722.54, 723.54, 724.54, 725.54, 726.54, 727.54, 728.54, 729.54, 730.54, 810.54, 811.54, 812.54, 790.60 and 890.60 of the Planning Code to define massage establishments per Section 1900 of the Health Code, to provide that all massage establishments shall be permitted as conditional uses, to provide that non-incidental massage establishments must first obtain all required permits from the Health Department before seeking a conditional use permit, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisor Ma presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050177 |
[Subdivision Code - 100% owner-occupied TICs] |
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Ordinance amending the Subdivision Code with an uncodified section that provides a grandfather provision for 2-6 unit buildings that are eligible to participate in the 2005 condominium conversion lottery and where the building was owned as a tenancy-in-common on January 20, 2005 and was 100% owner-occupied on January 20, 2005 and making environmental findings. Supervisors Alioto-Pier, Dufty, Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. Primary sponsors: Supervisors Alioto-Pier and Dufty. |
| 050178 |
[Regulations for Junk Dealers] |
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Ordinance amending San Francisco Municipal (Police) Code Part II, Chapter VII Sections 974.1, 974.4, 974.10, 974.11, 974.12, 974.14, 974.15, 974.21 and 974.22, to align definitions to those of the California Business and Professions Code and to define "buy book", require that a permit applicant include additional information in the permit application, including a requirement that a permit holder inform the Police Department if the business will engage in welding, use of a propane tank, or cutting torches operated by compressed gasses and provide copies of permits for those activities; expand the types of information that the Chief of Police may consider in determining whether to grant the permit including convictions for fraud and crimes related to the environment, permit revocations from other government agencies, and civil penalties imposed related to the operation of a junk dealer or hazardous material or the environment; provide examples of types of "cause" that would justify a revocation of the permit and clarify that the standard of proof is a preponderance of the evidence; clarify the prohibition of operating at another location not listed on the permit; set forth the rules under which the permit holder operates, including a requirement that the permit holder keep all items purchased in the same condition for five days, allow non-peace officer who have the authority to enforce rules and regulations on the premises to inspect, maintain a record of all purchases that includes requiring the seller to produce a valid form of identification for each transaction, maintain the "buy book" in serial-number order for a period of three years and to allow inspection of the book, maintain the sidewalk and other areas adjacent to the premises clear of obstacles, trash and debris, and prevent loitering; clarify that a violation of these provisions is a misdemeanor; and grant the Chief of Police authority to temporarily suspend operation of the business if it presents an immediate threat to the public health and safety; adding Sections 974.10-2 and 974.14-2 to require the permit holder to provide current information to the Chief on an annual basis and to require the Chief to make a determination of whether to move to revoke the permit; and to prohibit the junk dealer from making purchases (1) from anyone who does not have a valid identification, (2) of parts that contain hazardous materials; and (3) of goods that may be stolen; repealing Sections 974.18, 974.19 and 974.24 to repeal the holding period exemption for purchases from other junk dealers; repeal the prior requirements for buy books, and repeal the provision regarding pre-existing permits. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. |
| 050181 |
[General Plan amendments in connection with the Transbay Redevelopment Plan] |
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Ordinance amending the San Francisco General Plan in connection with the Transbay Redevelopment Plan and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1. Mayor, Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050182 |
[Zoning - Planning Code amendments in connection with the Transbay Redevelopment Plan] |
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Ordinance amending the Planning Code to add Sections 249.27, 263.18, 825, and 825.1 to establish special zoning controls in connection with the Transbay Redevelopment Plan; amending Planning Code Section 270 to reflect the new zoning changes to bulk controls set forth in Section 263.18; adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1. . ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050183 |
[Zoning Map amendments in connection with the Transbay Redevelopment Plan] |
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Ordinance amending the San Francisco Planning Code by amending Sectional Map 1, 1H, and 1SU of the Zoning Map of the City and County of San Francisco in connection with the Transbay Redevelopment Plan and an associated special use district with the Redevelopment Plan Project Area and adopting environmental findings and findings that the amendments are consistent with the General Plan and eight priority policies of Planning Code Section 101.1. Mayor, Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050184 |
[Adopting the Redevelopment Plan for the Transbay Redevelopment Project] |
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Ordinance approving and adopting the Redevelopment Plan for the Transbay Redevelopment Project area; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan and related documents and agreements (including a Tax Increment Allocation and Sales Proceeds Pledge Agreement and an Option Agreement with the Redevelopment Agency of the City and County of San Francisco and the Transbay Joint Powers Authority) are consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to the California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33679; authorizing official acts (including the execution of agreements) in furtherance of this ordinance. Mayor, Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 050185 |
[Refusing to install the facilities necessary to obtain utility services in a legislated underground district is a public nuisance] |
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Ordinance amending Article 18 of the San Francisco Public Works Code by adding Sections 944 to 953 to declare a public nuisance and allow for summary abatement of such nuisance at any property where the property owner has refused to comply with an order from the Director of Public Works that the property owner install conduits and associated equipment necessary to obtain utility services at a building or structure on property located in a legislated underground district; amending Section 926 of the Public Works Code to allow the City to recover all costs incurred by the City to enforce any provision of Article 18 of the Public Works Code; and amending Sections 900, 920, 921, 923, 929, and 930 and repealing Sections 922, 924, 925, 927, 928 and 931 of Article 18 of the Public Works Code consistent with this legislation. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. |
| 041005 |
[Pedestrian Protections] |
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Ordinance adding Sections 71, 73, 75, and 79 to the San Francisco Traffic Code to require the Director of Parking and Traffic to: (1) install countdown pedestrian signals and ladder striped crosswalks, (2) designate specific crosswalk signal crossing times, and (3) upon the recommendation of the Pedestrian Safety Advisory Committee, install one hundred signs a year for three years informing the public regarding prohibited sidewalk activities; amending Section 703 of the San Francisco Public Works Code to require: (1) all curb heights and adjacent sidewalks be a minimum height of six to eight inches as measured from the gutter by June 30, 2024, and (2) a citywide survey of curb heights and adjacent sidewalks be conducted by the San Francisco Department of Public Works by June 30, 2007, in order to prioritize the work process; and adding Sections 703.3 and 703.4 to the San Francisco Public Works Code to require the Director of Public Works to install: (1) corner curb bulb-outs on Geary Boulevard, Mission Street, Geneva Avenue, and at the intersections of Dr. Carlton B. Goodlett Place and McAllister and Grove Streets, as permitted by state and local law, by June 30, 2009, and (2) ADA compliant curb-cut ramps on every sidewalk corner in the City by June 30, 2014. The requirements and schedules for installation of certain devices and improvements shall inform the subsequent San Francisco Pedestrian Master Plan and funding may be sought through the Proposition K 5-Year Funding Priority Program. Supervisors Ma, Alioto-Pier, Dufty presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic for environmental review. SUBSTITUTED. Supervisor Ma submitted a substitute ordinance bearing new title. ASSIGNED to Land Use Committee. REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic for environmental review. REFERRED TO DEPARTMENT. Referred to Department of Parking and Traffic as a courtesy. REFERRED TO DEPARTMENT. Referred to Planning Department (Interim Director of Planning) for environmental review. REFERRED TO DEPARTMENT. Referred to Planning Department (Environmental Review Officer) for environmental review. TRANSFERRED to Finance and Audits Committee. RESPONSE RECEIVED. DPT responding that item is not under their purview. RESPONSE RECEIVED. Planning Department environmental review; categorically exempt. TRANSFERRED to Budget and Finance Committee. New committee structure effective 2/7/05. TRANSFERRED to Land Use Committee. SUBSTITUTED. Supervisor Ma submitted a substitute ordinance bearing new title. ASSIGNED to Land Use Committee. |
Resolutions
| 050171 |
[Retroactively Accept-Expend Federal Funding-HOME American Dream Downpayment Initiative Program and Permanent Housing for the Chronically Homeless Funds] |
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Resolution authorizing the Mayor of the City and County of San Francisco to retroactively accept and expend grants from the U.S. Department of Housing and Urban Development (HUD) for a total amount of $1,358,286 including $858,286 for the HOME American Dream Downpayment Initiative Program, and $500,000 in Competitively Reallocated HOME Funds to Provide Permanent Housing for the Chronically Homeless, authorized under TITLE II of the National Affordable Housing Act of 1990, Public Law Number 101-625. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050175 |
[Improve retention of nurses and patient outcomes at San Francisco General Hospital] |
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Resolution authorizing the San Francisco Department of Public Health/San Francisco General Hospital (SFDPH/SFGH) to accept retroactively and expend grant funds in the first year amount of $626,650 from an award to the San Francisco General Hospital Foundation (SFGHF) from the Gordon and Betty Moore Foundation to improve retention of nurses and patient outcomes at San Francisco General Hospital and to add one new position at SFDPH/SFGH; for the period of December 1, 2004, to November 30, 2005. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests this item be scheduled for consideration at the February 10, 2005 meeting. |
| 050180 |
[Controller's review of Condominium Conversion application process] |
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Resolution calling for the City Controller to make recommendations on possible improvements in condominium conversion pipeline to streamline processing of approved applications. Supervisors Dufty, Alioto-Pier, Elsbernd, Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050194 |
[Initiate the Designation of 2151 Van Ness Avenue, St. Brigid Church, as a Landmark] |
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Resolution initiating the designation of 2151 Van Ness Avenue, St. Brigid Church, Block 0575, Lot 015, as a landmark pursuant to Section 1004.1 of the Planning Code. Supervisors Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050195 |
[Renew Funding for Metropolitan Community Foundation's Shower] |
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Resolution urging the Mayor’s Office of Community Development to fully renew funding for Metropolitan Community Foundation’s Shower Project and to fully fund its new case management program. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050196 |
[Progress of Implementation of Proposition H] |
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Resolution urging Superintendent of the San Francisco Unified School District to convene a meeting in a timely manner with and the San Francisco Board of Education and appropriate City Departments to discuss the progress of the implementation of Proposition “H”, the Public Education Fund. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050197 |
[Contract funds to evaluate the impact of a resource center for drug users, Year 2] |
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Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (SFDPH, CBHS), to enter retroactively into Year 2 of an agreement with the University of California San Francisco (USCSF), the primary contractor, and expend funds in the amount of $11,836 to provide evaluation services; for the period of July 1, 2004 to June 30, 2005. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests this item be scheduled for consideration at the February 10, 2005 meeting. |
| 050198 |
[Condemning Homophobic Violence] |
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Resolution strongly condemning hate-motivated violence directed against Lesbian, Gay, Bisexual and Transgender individuals and further urging all legal authorities to guarantee that all such violations be punished without discrimination and further urging the US government to give equal consideration to violations based on sexual orientation and gender identity in reporting and formulating policies around the promotion of global human rights. Supervisors Ammiano, Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050199 |
[Commending Turning the Tide for its efforts in relief of tsunami victims] |
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Resolution commending Turning the Tide for its efforts in relief of tsunami victims. Supervisors Dufty, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050200 |
["Give Kids A Smile" Day in San Francisco] |
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Resolution declaring February 4th, 2005 as “Give Kids A Smile Day” in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050201 |
[Lunar New Year 2005] |
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Resolution celebrating the Lunar New Year and proclaiming February 9, 2005, the first day of the Year of the Rooster. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050202 |
[Recognizing the month of February as Black History Month] |
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Resolution recognizing the month of February as Black History Month. Supervisors Maxwell, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050203 |
[Punxsutawney Phil Day] |
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Resolution recognizing February 2, 2005 as Punxsutawney Phil Day. Supervisor McGoldrick presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050204 |
[Supporting Marine Life Protection Act] |
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Resolution supporting Implementation of the Marine Life Protection Act. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050205 |
[Accept-Expend Regional Grant] |
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Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $6,000.00 from Altamont Education Advisory Board through the City of Livermore to expand recycling and lunchroom composting programs at schools. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050206 |
[Accept-Expend State Grant] |
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Resolution authorizing the Director of Transportation or his designee to apply for, accept, and expend $134,100 in Caltrans funds to stripe and sign bike lanes and to execute any and all associated documents. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050207 |
[Commending the establishment of the Department of Chicana and Chicano Studies at the University of California, Los Angeles] |
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Resolution commending the establishment of the Department of Chicana and Chicano Studies at the University of California, Los Angeles. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050208 |
[Department of Environment to complete a nexus study on a local shopping bag fee] |
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Resolution instructing the Department of Environment to complete a nexus study in order to identify the relationship between the use of disposable supermarket shopping bags and various costs to the City, and to determine the legality and appropriateness of a local fee on these bags. Mayor, Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
Request for Hearings
| 050190 |
[Financial Status of Wages Plus and Childcare for Foster Parents Program for Fiscal Year 2004-05] |
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Hearing on the Financial Status of Wages Plus and Childcare for Foster Parents Program for Fiscal Year 2004-05. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 050191 |
[Review overtime economies for Fiscal Year 2005-06.] |
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Request for a hearing of all general fund supported by City departments to review overtime economies for Fiscal Year 2005-06. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 050192 |
[City's Inclusionary Housing Ordinance] |
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Hearing on the City's Inclusionary Housing Ordinance. Section 315.8 of the Planning Code requires an annual report to the Board of Supervisors on the results of the ordinance, and specifies the contents of this report. This hearing is intended to be a public review of the Department's most recent annual report. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use Committee. |
| 050193 |
[Ethics Commission] |
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Hearing to investigate whether the Ethics Commission is sufficiently funded and staffed to meet its charter mandated responsibilities. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Government Audits and Oversight Committee. |
Motions
| 050172 |
[Needle Exchange Emergency] |
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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 Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050174 |
[Suspending Board Rules to permit the Clerk of the Board to expedite preparation of the Board's 2005-2006 budget for submission to the Mayor] |
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Motion suspending Board Rules 6.23 and 6.24 to permit the Clerk of the Board of Supervisors to expedite preparation of the Board's proposed 2005-2006 fiscal year budget for submission to the Mayor by waiving the requirements that a Committee of the Board conduct a hearing to discuss budget balancing guidelines, and that a Committee hearing be conducted for review of the proposed budget prior to its submission to the Mayor. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 050179 |
[Extending the Joint City and School District Select Committee for two years] |
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Motion amending Rule 5.7 of the Rules of Order of the Board of Supervisors to extend the Joint City and School District Select Committee through March 1, 2007. Supervisors Maxwell, Ma, Ammiano presented. RECEIVED AND ASSIGNED to Rules Committee. |
| 050186 |
[Performance and financial audit of the Mission Housing Development Corporation] |
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Motion requesting the Office of the Controller conduct a performance and financial audit of the Mission Housing Development Corporation. Supervisors Ammiano, Daly, Peskin presented. RECEIVED AND ASSIGNED to Government Audits and Oversight Committee. |
PROPOSED ORDINANCES
| 050092 |
[Designating 351-9th Avenue, the Carnegie Richmond Branch Library, as a Landmark under Planning Code Article 10] |
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Ordinance designating 351-9th Avenue, the Carnegie Richmond Branch Library, as Landmark No. 247 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) . RECEIVED AND ASSIGNED to Land Use Committee. |
| 050094 |
[Settlement of Lawsuit - Rebeccah Sturtz v. CCSF] |
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Ordinance authorizing settlement in the matter of Rebeccah Sturtz v. City and County of San Francisco for $65,000. The lawsuit was filed on June 3, 2003 in San Francisco Superior Court, Case No. 415-227; entitled Rebeccah Sturtz v. City and County of San Francisco; Raymond E. Batz Jr., Gary D. Curto, Albert J. Fernandez, Charles Krieger, Timothy J. Miles, Harry Paretchan, William Shore, and Does I through XX, inclusive. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
PROPOSED RESOLUTIONS
| 050095 |
[Sale of Lot 5 in Block 4357] |
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Resolution authorizing a sale of land under the jurisdiction of the San Francisco Public Utilities Commission to Gaehwiler; adopting findings that the conveyance is in conformity with the City’s General Plan and is consistent with the Eight Priority Policies of City Planning Code Section 101.1; adopting findings pursuant to the California Environmental Quality Act; ratifying acts and authorizing actions in furtherance of this resolution; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) . RECEIVED AND ASSIGNED to Finance and Audits Committee. TRANSFERRED to Budget and Finance Committee. New committee structure effective 2/7/05. |
| 050096 |
[Accept-Expend Federal/State Pass Through Grant] |
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Resolution authorizing the Department of Public Library to accept and expend an augmentation grant in the amount of $5,405 from the California State Library as part of the Federal Library Services and Technology Act (LSTA) for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. (Public Library) . RECEIVED AND ASSIGNED to City Services Committee. REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation. TRANSFERRED to City Operations and Neighborhood Services Committee. New committee structure effective 2/7/05. |
| 050097 |
[Extending Provisional Appointments] |
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Resolution approving extension to June 30, 2005 of provisional appointments of employees in classifications H-30 Captain (Fire Department), 0922 Manager I, 0923 Manager II, 0931 Manager III, 0932 Manager IV, 0933 Manager V, 0941 Manager VI, 0943 Manager VIII, 1952 Purchaser, 5212 Principal Engineer, 7328 Operating Engineer, Universal, and 8216 Senior Parking Control Officer. (Human Resources Department) . RECEIVED AND ASSIGNED to Finance and Audits Committee. TRANSFERRED to Budget and Finance Committee. New committee structure effective 2/7/05. |
| 050151 |
[Accept-Expend State Grant] |
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Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend grant funds made available through the State Office of Emergency Services for a project entitled “Law Enforcement Specialized Unit (LESU) – Violence Against Women Program,” and agreeing to accept an in-kind match from La Casa De Las Madres for a Victim Advocate position, and waiving indirect costs due to funding constraints. (Police Department) . RECEIVED AND ASSIGNED to City Services Committee. TRANSFERRED to City Operations and Neighborhood Services Committee. New committee structure effective 2/7/05. |