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June 28, 2005

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
June 28, 2005

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051248 [Sacramento Street Neighborhood Commercial District - Allowing residential conversion on second and third stories with a conditional use permit]
Ordinance amending Section 724.1 of the Planning Code to allow, as a conditional use, for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District as a conditional use, where: the new use will be an Other Institution, Large, Educational Services use, only one dwelling unit in building will be converted and that unit is the only non-residential use in the building, and no legally residing tenant will be displaced; and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051250 [Medical cannabis guidelines and medical cannabis dispensary zoning and permitting]
Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; permit dispensaries elsewhere subject to restrictions based on a dispensary's proximity to schools, community centers and institutions for the treatment of addictive diseases; require adequate ventilation in dispensaries; prohibit the sale or distribution of alcohol at dispensaries; require Planning Department notice to interested individuals and properties within 300 feet of proposed dispensaries; require dispensaries operating before April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or cease operation; require a notice that permits for dispensaries are not intended to and do not authorize the violation of State or Federal law; and make environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan;
Amending the San Francisco Health Code by adding Sections 3200 through 3220, to: set medical marijuana possession guidelines; require a permit, business license, and business registration certificate for a medical cannabis dispensary; set out the application process for a medical cannabis permit; set out operating requirements for medical cannabis dispensaries; and set out the administrative process for imposing penalties and/or permit suspension or revocation for violations;
Amending the San Francisco Traffic Code by amending Sections 53 and 132, to create an infraction for double parking in front of a medical cannabis dispensary and set the fine at $100; and,
Amending the San Francisco Business and Tax Regulations Code by amending Section 1, and by adding Sections 1.177 and 249.17, to authorize the Department of Health to issue medical cannabis dispensary permits and to set out the license fees for medical cannabis dispensaries. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051257 [Sweatfree Ordinance]
Ordinance amending the San Francisco Administrative Code by adding Chapter 12U, finding that the City would benefit by spending its funds in a manner that would support safe and humane working conditions; requiring contractors and subcontractors providing goods to the City and County to comply with laws and standards affecting labor and employment conditions for employees performing work under the contract and subcontracts, including:not engaging in abusive forms of child labor, foreign convict or forced labor, or slave labor; and compliance with all human and labor rights and labor standards imposed by law or treaty law on the country where the goods are being made or assembled; paying wages that are not less than a minimum wage established by the Director of the Office of Contract Administration; compliance with all applicable laws governing wages, employee benefits, health and safety, labor, environmental conditions, nondiscrimination, freedom of association; creating the Sweatfree Procurement Advisory Group to make recommendations on the implementation, administration or enforcement of this Chapter to the Director of the Office of Contract Administration and the Office of Labor Standards Enforcement; targeting the procurement of garments for enforcement of this Chapter during the first full fiscal year following the effective date of the Chapter, and, thereafter, targeting other goods for enforcement based on recommendations of the Sweatfree Procurement Advisory Group submitted by the Director of the Office of Contract Administration to the Board of Supervisors and approved by ordinance. Mayor, Supervisors Ammiano, Alioto-Pier, Daly, Mirkarimi, Maxwell, McGoldrick, Dufty, Ma presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsors request this item be scheduled for consideration at the August 4, 2005 meeting.
051258 [Golf Fees - Harding Park, Golden Gate Park, McLaren Park]
Ordinance making environmental findings and amending the San Francisco Park Code, Article 12, by amending Sec. 12.12 to increase the fees at Harding Park and Fleming Golf Courses; amending Sec. 12.16 to increase the fees at Golden Gate Park Golf Course; amending Sec. 12.20 to authorize an annual cost of living increase in golf fees; and adding Sec. 12.37 to establish fees for Gleneagles Course at McLaren Park. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.
051260 [Medical Cannabis Dispensaries - Zoning]
Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 303, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 810, 811, 812, 813, 814, 815, 816, 817, and 818, and by adding Sections 790.141, and 890.131, to: define medical cannabis dispensaries; prohibit dispensaries in residential-house and residential-mixed zoning districts; permit dispensaries as conditional uses elsewhere subject to the restriction that no dispensary may be located within 1000 feet of another dispensary; provide additional conditional use criteria for evaluating proposed dispensaries relating to the proposed dispensary's proximity to schools, playgrounds, neighborhood centers, drug treatment centers, child care centers, and other medical cannabis dispensaries; allow medical cannabis dispensaries in operation prior to April 1, 2005 twelve months from the effective date of this legislation to obtain a conditional use permit or otherwise discontinue operation; prohibit dispensaries from applying for conditional use permits while they are under a notice of violation from the Planning Department or the subject of legal action by the City; require a notice on all dispensary permits that the permits are not intended to and do not authorize the violation of State or Federal law; and making environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisor Sandoval presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.

Resolutions

051247 [Golden Gate Park Music Concourse - Surface Circulation Plan]
Resolution approving the Golden Gate Park Music Concourse Surface Circulation Plan known as Option 2A, which prohibits the use of the Music Concourse for cut-through automobile traffic and provides for vehicular drop-off for visitors to the Concourse from the north and south; making environmental and other findings; and authorizing official acts in connection with this approval. Supervisors Mirkarimi, McGoldrick, Peskin presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051249 [Request Full Reimbursement by the State for Statewide Special Election]
Resolution urging the State of California to fully reimburse all California counties for the associated costs of the special election in November 2005. Supervisors Elsbernd, Ammiano, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051252 [Recognizing July 2005 as Recreation and Parks Month]
Resolution recognizing July 2005 as "Recreation and Parks Month" in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051253 [Recognizing the 8th Anniversary of the San Francisco Immigrant Rights Commission]
Resolution recognizing the 8th anniversary of the San Francisco Immigrant Rights Commission. Supervisors Ma, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051261 [Zoning - Extension of Planning Commission Review Period]
Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed ordinance to amend the Planning Code section 260 to increase the height exemption for elevator penthouses from 10 to 16 feet. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051262 [Arts Task Force Recommendations]
Resolution adopting a policy that no action shall be taken to change the City’s Hotel Tax allocation language regarding the process by which hotel tax revenues are distributed to City agencies that support and serve arts organizations and artists in San Francisco until the Arts Advisory Task Force has undertaken and completed the purposes and duties as set forth in Board of Supervisors resolution No. 781-04 and has submitted its final written recommendations to the Mayor and Board of Supervisors. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051263 [Planning grant for the use of Prop 63, Mental Health Services Act, funding]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a new grant in the amount of $207,487 from the California Department of Mental Health (CDMH) for community program planning as part of the Prop 63, Mental Health Services Act funding, and to enter into an agreement for the use of these funds; for the period of January 1, 2005, through September 30, 2005. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051264 [Senate Bill 861 - Dangerous and vicious dogs]
Resolution endorsing Senate Bill 861, introduced by Senator Jackie Speier, and urging the California State Legislature and the Governor of California to support this bill. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051265 [Urging the CPUC and the State Legislature to take steps to prevent the PG&E Company from engaging in competitive practices as the CCSF moves to implement Community Choice Aggregation]
Resolution urging the California Public Utilities Commission and the State Legislature to take steps to prevent the Pacific Gas & Electric Company from engaging in competitive practices as the City and County of San Francisco moves to implement Community Choice Aggregation. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051266 [Training grant to promote and advance cultural competency in Departmental programs]
Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend a new grant in the amount of $121,047 from The California Endowment for training to advance cultural competency, and to enter into an agreement for the use of these funds; for the period of April 1, 2005, to March 31, 2006 Supervisors Ma, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051267 [Organic Certified Goods]
Resolution establishing City policy of maximizing purchase of Organic Certified materials when procuring necessary goods for the city. Mayor, Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051268 [Fair Trade Certified Goods]
Resolution establishing City policy of maximizing purchase of Fair Trade Certified materials when procuring necessary goods for the City. Mayor, Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051275 [Legal Action]
Resolution urging the San Francisco City Attorney to file a `friend of the court'/amicus curiae' brief to set forth our city's interest in protecting tenants against wrongful evictions. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Land Use Committee.

Requests For Hearing

051241 [Hearing - "Fisherman's Wharf Community Benefit District (CBD)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Fisherman's Wharf Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, subject to conditions as specified, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Pursuant to File 051184, to Board as a Special Order on July 26, 2005, at 3:00 p.m.
051242 [Hearing - "Noe Valley Community Benefit District (CBD)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the “Noe Valley Community Benefit District (CBD),” ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Pursuant to File 051185, to Board as a Special Order on August 2, 2003, at 3:00 p.m.
051243 [Hearing - "2500 Block of Mission Street Business Improvement District (BID)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "2500 Block of Mission Street Business Improvement District (BID)," ordering the levy and collection of assessments against property located in that district for five years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Pursuant to File 051189, to Board as a Special Order on July 26, 2005, at 3:00 p.m.
051244 [Hearing - "Castro/Upper Market Community Benefit District (CBD"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Castro/Upper Market Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Pursuant to File 051187, to Board as a Special Order on August 2, 2005, at 3:00 p.m.
051245 [Hearing - "North of Market/Tenderloin Community Benefit District (CBD)"]
Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "North of Market/Tenderloin Community Benefit District (CBD)," ordering the levy and collection of assessments against property located in that district for 15 years, commencing with fiscal year 2005-2006, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Pursuant to File 051192, to Board as a Special Order on August 2, 2005, at 3:00 p.m.
051246 [San Francisco's Drinking Water]
Hearing to examine the San Francisco Public Utilities Commission's conversion to chloramine as a means of disinfecting San Francisco's drinking water. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051274 [Lead Hazards in City Government]
Hearing to discuss departmental responses to recommendations included in the most recent Health Code Section 1609 Report regarding efforts to limit lead hazards in City government. Supervisor Peskin presented.
051276 [Continuum of LGBTQ Youth Services]
Hearing to consider the continuum of LGBTQ Youth Services, focusing on the reopening of the Eureka Valley Recreation Center and the opportunity to better address needs of this underserved population. This hearing will consider the potential for new services to address behavioral health and substance abuse issues in the LGBTQ Youth Community. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this matter be scheduled at the July 18, 2005 meeting.
051277 [Hearing - Designating rent credits as "public monies" for purposes of Fiscal Feasibility Ordinance]
Hearing of persons interested in or objecting to proposed ordinance amending the San Francisco Administrative Code by amending Sections 29.1, 29.3, and 29.7, to: include rent credits as "public monies" for purposes of the Fiscal Feasibility Ordinance; require additional information from applicants for environmental review; suspend application to certain projects undergoing environmental review, and, bar City departments from extending current Exclusive Right to Negotiate agreements until fiscal feasibility review has been successfully completed. (Clerk of the Board) Supervisor Peskin presented. SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on July 12, 2005, at _____p.m.

Motions

051251 [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 Ammiano, Daly, Peskin, McGoldrick, Maxwell, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051259 [Legislative Analyst Request - Rent Boards]
Motion requesting the Legislative Analyst to survey other major cities such as Berkeley to find out details about their Rent Boards or equivalent agencies. Among other issues, the report should detail who has appointing authority for board members and what the ratios between tenant and landlord representatives are on the boards. Supervisor Sandoval presented. ASSIGNED to Board of Supervisors. Scheduled for Board consideration July 12, 2005.
051254 [Appointment - Board of Appeals, Katharine Albright]
Motion approving the Mayor’s appointment of Katharine Albright to the Board of Appeals for the term ending July 1, 2008. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee.
051255 [Appointment - Board of Appeals, Katharine Albright]
Motion rejecting the Mayor’s appointment of Katharine Albright to the Board of Appeals. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

051129 [General Plan Amendment in connection with the Executive Park -- Candlestick Cove Project]
Ordinance amending the San Francisco General Plan in connection with approvals for the proposed Executive Park - Candlestick Cove Project; adopting findings pursuant to the California Environmental Quality Act; and adopting findings that the General Plan amendment is consistent with the General Plan and the eight Priority Policies of Planning Code Section 101.1. (Planning Department) . ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051128 [Designate 1110 Taylor Street, the Glaser-Keating as as a Landmark]
Ordinance Designating 1110 Taylor Street, the Glaser-Keating House, As Landmark No. 251 Pursuant To Article 10, Sections 1004 And 1004.4 Of The Planning Code. (Planning Department) . RECEIVED AND ASSIGNED to Land Use Committee.
051231 [Department of Building Inspection Cash Revolving Fund]
Ordinance amending San Francisco Administrative Code Section 10.135 to increase the Cash Revolving Fund of the Department of Building Inspection from $200 to $600. . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS

051125 [Airport Contract Modification - Professional Services Agreement for contract No. 3399]
Resolution approving Modification No. 5, of the Professional Services Agreement for contract No. 3399 – Professional insurance brokerage services for specification, placement and administration of an OCIP for the Airport’s Master Plan with J&H Marsh McLennan/Merriwether & Williams Insurance Services, to extend the term of the contract for three years for a new ending date of June 30, 2007. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED MOTIONS


Clerk to Act – June 28, 2005

Requests Granted

From: Supervisor Sandoval
To: City Attorney

Requesting/Inquiring: To draft legislation setting out specific fines for violations under the jurisdiction of the Ethics Commission.

From: Supervisor Dufty
To: Controller’s City Services Auditor Team

Requesting/Inquiring: Requesting that the Controller’s City Services Auditor Team evaluate the performance of Muni’s J-Church Line in comparison with other streetcar lines.

District 8 Muni Riders consistently petition that the J-Church has greater bunching that leads to longer wait times.

They also assess that overcrowding, bunching, and delays discourage ridership and that possible riders instead opt to drive to work or walk to BART on 24th Street.

There are also issues with the regular cleaning and maintenance adherence for the J-Church tracks at 30th Street. Unless the tracks are regularly cleaned, the screeching is loud and audible within homes as Breda and F-Line Streetcars make that tight turn from 30th to Church and vice versa.

I was also advised that there was an incident with an incoming train at 7:45 a.m., Sunday, June 26th approaching the Duboce/Church tunnel. Apparently the driver stopped the streetcar at Safeway at 7:50 a.m. and announced that he could not enter the tunnel until 8:00 a.m. and that riders had to disembark in order to catch an M-Line bus. Then once the passengers left the train, it entered the tunnel, causing great irritation and inconvenience.

Generally, I would like to understand how the J-Church is operating, what steps can be taken to improve service quality and consistency and what investments could be made it improve this line’s efficiency.

From: Supervisor Dufty
To: Controller

Requesting/Inquiring: Requesting the Controller to look at the implementation plan in Fiscal Year 2005-2006 for Ordinance 273-04/File 041249 requiring that graffiti damage parking and traffic signs be replaced with signs containing graffiti-resistant-sheeting.

Text as follows:

Requesting the Controller to look at the implementation plan in Fiscal Year 2005-2006 for Ordinance 273-04/File 041249 requiring that graffiti damage parking and traffic signs be replaced by the Department of Parking & Traffic with signs containing graffiti-resistant-sheeting.

Also requesting that the Controller make recommendations, if needed, to ensure the success of this measure and milestones for implementation and eradication of graffiti damaged parking and traffic signs.

Enacted Ordinance Number: 273-04

File Number: 041249

In Memoriams

Chet Helms – Entire Board
Marie Maxey – Supervisor Mirkarimi
Maryanne Harrison – Entire Board
Eugene L. Friend – Supervisor Peskin
Samuel Frank Haar – Supervisor Alioto- Pier
Orville Luster – Supervisors Maxwell and Dufty

Last updated: 9/9/2014 11:23:54 AM