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August 16, 2005

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
August 16, 2005

OFF-AGENDA LEGISLATION

Ordinances

051452 [Annual Joint Fundraising Drive]
Ordinance amending San Francisco Administrative Code Section 16.93-2 to include Donor Choice as an option for employee contributions during the Annual Joint Fundraising Drive. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.
051453 [Off-Street Parking In C-3 Zoning Districts]
Ordinance amending the San Francisco Planning Code by amending Sections 151, 151.1, 154, 155, 155.5, 166, and 167 to impose new requirements in C-3 Zoning Districts regarding permitted off-street parking and loading, allowed off-street freight loading and service vehicle spaces, bicycle parking, car sharing, to separate parking costs from housing costs and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051454 [Authorizing a Change in Use of Grant Funds]
Ordinance authorizing a change in the use of San Francisco Convention and Facilities Department grant funds to permit the funds to be used for an affordable housing development without a proposed pavilion. Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
051455 [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 other dispensaries, 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; limit the time period for submitting applications for medical cannabis dispensary permits; require an annual report from the Director of Public Health to the Board of Supervisors; 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 Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051456 [Creating a Foster Care Improvement Task Force]
Ordinance amending the San Francisco Administrative Code by adding Sections 5.300 and 5.305 to establish a Foster Care Improvement Task Force charged with implementing the recommendations of the Disproportionality Project, and to examine and address the overrepresentation of African American children in foster care. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Rules Committee.
051457 [Settlement of Claims - Comcast of California III, Inc.]
Ordinance approving the settlement of certain non-litigated claims on behalf of the City and County of San Francisco against Comcast of California III, Inc. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Rules Committee.
051458 [Public Works Code - landmark trees and penalties for violations]
Ordinance amending the Public Works Code by amending Section 802 to modify various definitions; amending Sections 802, 806, and 809 to redefine nuisance trees as hazard trees; amending Sections 802 and 803 authorizing the Urban Forestry Council to succeed to the powers and duties of the Tree Advisory Board; amending Sections 804, 807, 808, and 810 concerning landmark trees and procedures to designate, nominate, and remove landmark trees; amending Section 811 to create civil penalties and fines and to modify provisions on administrative penalties; and making environmental findings. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051459 [Parking Restrictions]
Ordinance amending the San Francisco Traffic Code by amending Section 3.6.1 to redefine the Downtown Core area, by amending 38.B to prohibit no stopping except for the loading or unloading of passengers or freight in the Downtown Core, by amending 38.B.1 to prohibit no stopping except for the loading or unloading of passengers or freight outside of the Downtown Core, by amending 201.1 to revise the boundaries for Parking Meter Area Number One, and by amending 201.2 to revise the boundaries for Parking Meter Area Number Two. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.
051460 [Subdivision Code fees]
Ordinance amending the Subdivision Code section 1315 concerning fees and making environmental findings. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.
051461 [Survey Monument Preservation Fee and Fund]
Ordinance amending the San Francisco Administrative Code by adding Section 8.24-6, to authorize the imposition of a $10 grant deed recordation user fee and by adding Section 10.100-50, to create the County Surveyor's Survey Monument Preservation Fund for the deposit and collection of the fee for use by the County Surveyor for the retracement or remonument survey of major historical vertical or horizontal land division lines; amending the San Francisco Subdivision Code by adding Section 1340.1, to authorize the County Surveyor to use the proceeds collected from imposition of the fee to pay for the retracement or remonument survey of major historical vertical or horizontal land division lines; and making environmental findings. Supervisor Dufty presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.
051462 [Condominium conversion lottery based on seniority of participation]
Ordinance amending Subdivision Code Section 1396.1 to prioritize the condominium conversion lottery based on seniority of participation in prior lotteries and making environmental findings. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Land Use Committee.
051463 [Prohibiting issuance of permits that would limit public access to parks for more than one day]
Ordinance amending the San Francisco Park Code by adding Section 7.03-A, to prohibit the Recreation and Park Department from issuing permits for use of park property that would result in the exclusion of the public from the park for more than one calendar day or for a second consecutive day following another permitted event. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.
051151 [Application of the City's Conflict of Interest Laws To Members Of The Landmarks Preservation Advisory Body]
Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding section 3.203 to apply the City's conflict of interest laws to members of advisory bodies who are required to file statements of economic interests. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee. REFERRED TO DEPARTMENT. Referred to Ethics Commission for review and recommendation. RESPONSE RECEIVED. Approved by Ethics Commission with an additional amendment. SUBSTITUTED. Supervisor Peskin submitted a substitute ordinance bearing new title. ASSIGNED to Rules Committee.
050689 [Public Works Code - significant trees, landmark trees, and penalties for violations]
Ordinance amending the Public Works Code by amending Sections 802, 804, 807, and 808 and adding Section 810A to address removal, maintenance, and nomination of significant trees as defined herein; amending Sections 802, 806, and 809 to redefine nuisance trees as hazard trees; amending Sections 802 and 803 authorizing the Urban Forestry Council to succeed to the powers and duties of the Tree Advisory Board; amending Section 810 to allow the City to landmark any tree within its territorial limits; amending Section 811 to create civil penalties and fines and to modify provisions on administrative penalties; and making environmental findings. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title. ASSIGNED to City Operations and Neighborhood Services Committee. CONTINUED TO CALL OF THE CHAIR. Heard in Committee. Speakers: John Avalos, aide to Supervisor Daly; John Malamut, Deputy City Attorney; John Nolte; Katherine Howard; David Baker, North of Market Planning Coalition; Lourial Niece; Joe Butler; Josoline Cohen; Keith Sagis; Carolyn Blair; Terry Mills; Jill Rosenthall; Eric Smitt; Fanny Renwa; Paul Sacamano, Urban Forestry, Public Works; Kelly Quirke; Wade Crowfoot, Mayor's Office, Yomi Agunbiade, General Manager, Recreation and Parks. SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title. ASSIGNED to City Operations and Neighborhood Services Committee.

Resolutions

051464 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets

MID-BLOCK CROSSWALK - ESTABLISH
Alabama Street, between 24th and 25th Streets. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051451 [Urging the United States Department of State to condemn the Islamic Republic of Iran's execution of juveniles]
Resolution urging the United States Department of State to condemn the Islamic Republic of Iran’s execution of two teenagers [ Mahmoud Asgari, Ayaz Marhoni], and the impending execution of two young men [Farid Mostaar, Ahmad Chooka], for conducting homosexual acts allegedly charged as “rape.” Supervisors Dufty, Mirkarimi, Ammiano, Sandoval, Daly presented. ADOPTED.
051465 [Grant of Federal Funds - Municipal Transportation Agency]
Resolution authorizing the Municipal Transportation Agency to accept and expend $9,920,000 of Federal New Starts Capital Assistance for the Third Street-Phase II - New Central Subway project, excluding administrative overhead costs. Supervisor Peskin presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051466 [Grant of Federal Funds - Municipal Transportation Agency]
Resolution authorizing the Municipal Transportation Agency to accept and expend $497,050 of TEA 21 Section 3015 (Research, Development, Demonstration, and Training Projects) capital assistance for an Alternative Fuel Technology Project, excluding administrative overhead costs. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051467 [CalHome Application]
Resolution authorizing the submittal of an application to the California Department of Housing and Community Development for funding under the CalHome Program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the CalHome Program. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051474 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051475 [Approval of Amendment to Design Agreement for the Laguna Honda Hospital Replacement Program]
Resolution authorizing the Director of Public Works to execute amendment to the Design Agreement for the Laguna Honda Hospital Replacement Program modifying the total contract amount from $32,595,782 to $33,706,892. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.
051476 [Accept-Expend Federal Grant - Port Commission]
Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $100,000 from the United States Environmental Protection Agency for the San Francisco Bay Cruise Liner Emissions Reductions Incentives Grant (SF Bay CLEARING) Program. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051477 [50th Anniversary Celebration of CSI]
Resolution recognizing the 50th Anniversary Celebration of the San Francisco Chapter of the Construction Specifications Institute and commending that Chapter and its many volunteers on this 17th day of September, 2005, for contributing to the advancement of construction technology and education in the City and County of San Francisco. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051478 [Opposing federal legislation that unduly restricts the local role in telecommunications and video policy]
Resolution urging the United States Congress to reject legislation that would unduly restrict the role of local governments in providing broadband Internet access, managing public rights of way, or awarding franchises to video providers and to approve legislation that would preserve the option for local governments to participate in the provision of communications services. Supervisors Ammiano, Mirkarimi, Peskin, Maxwell, Daly, Dufty, Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051479 [Continuing the Ongoing work of the Utility Undergrounding Task Force]
Resolution continuing the ongoing work of the Utility Undergrounding Task Force to advise the City and County of San Francisco on the future of the utility undergrounding process in San Francisco and to complete its work by June 1, 2006. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051480 [Honoring Trevor Hailey]
Resolution honoring Trevor Hailey upon her retirement, for 16 years leading the "Cruisin' the Castro" walking tour, using her gift for storytelling to inspire and educate both tourists and native San Franciscans on the history of the world-famous Castro District. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051481 [Commending the 85th Anniversary of the 19th Amendment]
Resolution commending the 85th anniversary of the 19th Amendment to the United States Constitution, extending the right of suffrage to women. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051482 [Homeland Security Grants]
Resolution amending Resolution No. 385-04 to authorize designated City and County officials to execute and file on behalf of the City and County of San Francisco applications for federal and state financial assistance under the Emergency Management Performance Grant Program, the renamed State Homeland Security Grant Program, Public Law 107-206 and any other federal funding programs that are passed through the State of California. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051483 [Accept-Expend Federal Grant - Office of Emergency Services]
Resolution authorizing the Office of Emergency Services to retroactively accept and expend a Federal Grant in the amount of $280,000 from the United States Department of Homeland Security for the purpose of providing financial assistance to San Francisco’s Metropolitan Medical Response System (MMRS). Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051484 [Supporting the Amendment of the Million Solar Roofs Initiative Program]
Resolution urging the California Assembly Appropriations Committee, the Assembly and the Senate to amend SB1 in order to allow a Community Choice Aggregator the option to administer its own solar roofs program, and to receive solar incentives that will be funded by their ratepayers under SB1; to guarantee the right of Community Choice Aggregators to use existing lawful financing instruments, such as H bonds and government-owned solar as is required for the City and County’s 31 Megawatt Community Choice photovoltaic program pursuant to Ordinance 86-04. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051488 [Consolidation of Special Statewide Election and special Community College District election with the Consolidated Municipal Election scheduled for November 8, 2005]
Resolution consolidating the Special Statewide Election and special Community College District election, to be held in the City and County of San Francisco on November 8, 2005, with the Consolidated Municipal Election to be held in the City and County of San Francisco on the same date, and providing that the election precincts, voting places and officers for the Special Statewide Election and special Community College District election shall be the same as for the Consolidated Municipal Election. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051489 [Meeting Schedule]
Resolution revising the regular meeting schedule of the Board of Supervisors by canceling the October 4, 2005 meeting and scheduling a Board Meeting on October 11, 2005. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

051468 [Home Improvement District on Bayshore Boulevard from Cesar Chavez Boulevard to Industrial Road]
Hearing to inquire into establishing a Home Improvement District on Bayshore Boulevard from Cesar Chavez Boulevard to Industrial Road. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Land Use Committee.
051469 [Mosquito abatement and prevention of the West Nile Virus.]
Hearing regarding departmental jurisdiction for issues relating to vector control, specifically mosquito abatement and prevention of the West Nile Virus. Supervisor Peskin presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051470 [Local Agency Formation Commission (SF LAFCO)]
Hearing requesting the Local Agency Formation Commission (SF LAFCO) to examine options for San Francisco's pursuit of a municipal cable, television, high speed internet, and broadband infrastructure. Supervisors Mirkarimi, Ammiano presented. RECEIVED AND ASSIGNED to Board of Supervisors. Sponsor requests this item be referred to LAFCO.
051471 [Affordable Housing Policy]
Hearing on the City's affordable housing goals and what City policy and programs are needed to achieve those goals. Supervisors Maxwell, Mirkarimi presented. RECEIVED AND ASSIGNED to Land Use Committee.

Motions

051450 [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, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051472 [Amending the Rules of the Board]
Motion amending the Board’s Rules of Order to amend Rules 3.12 and 6.20 to delete requirement for Office of Legislative Analyst to respond to research requests made by the full Board of Supervisors and deleting requirements that the full Board of Supervisors take legislative action to approve or disapprove requests made to the Office of Legislative Analyst on behalf of the full Board. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.
051473 [Rule Amendment - Recessed Meetings]
Motion amending the Rules of Order of the Board of Supervisors by adding Rule 4.39, which provides that when the Board of Supervisors, or one of its committees, recesses a meeting to a time more than twelve hours after the decision to recess, the members shall identify the items being recessed, and direct the Clerk of the Board to process the remaining, decided items on the agenda as completed business; during the reconvened meeting, the Board or the committee shall not consider those items already processed by the Clerk as completed business; and amending Rule 4.37 to provide that Rule 4.39 may not be suspended. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

051378 [Sale of City Property located at 425 Mason Street, San Francisco]
Ordinance ordering the sale at public auction of City-owned property located at 425 Mason Street; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing other actions in furtherance of this ordinance. . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS

051406 [Lease of Real Property at One South Van Ness Avenue]
Resolution authorizing the exercise of an option to lease 34,683 square feet of space at One South Van Ness Avenue for the Municipal Transportation Agency of the City and County of San Francisco. (Real Estate Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

Clerk to Act – August 16, 2005

Board Minutes for July 19, 2005 approved.

Requests Granted

From: Supervisor Mirkarimi
To: City Attorney

Requesting/Inquiring: Pursuant to Article 1, Section 47.2 of the Police Code, Supervisor Mirkarimi requests the City Attorney to review and propose changes to City and County Ordinance governing Recreation and Park Department sound policy and its enforcement procedures for permitted events that occur in proximate distance to residential and merchant neighborhoods where amplified open field events do not benefit from the preventative cover of trees or natural park boundaries [e.g. Sharon Meadows]; Further requests proposed language reflecting a proportionate fee and rate structure for permitted events that distinguish between profit and nonprofit admission and/or commercial vendor sales and its nexus to attendance, and its nexus to revenue percentages earmarked for nonprofit charities; Further request proposed language designating an improved fee recovery program and policy from event promoters, and scofflaw event promoters who seek future Recreation and Park permits; Further requests proposed language of instituting a citizens’ appeals process in response to Recreation and Park Department/Commission modifications to permitted events.

From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting that the Department of Parking & Traffic report on the status of extending the application of Residential Parking Permit Area R to include weekend enforcement.

From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic
To: Director, Municipal Transportation Agency

Requesting/Inquiring: Requesting that the Department of Parking and Traffic and Municipal Transportation Agency report on the status of repainting the faded crosswalks at the intersection of Fulton Street and Lyon Street.

From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic
To: Director, Municipal Transportation Agency

Requesting/Inquiring: Requesting the Department of Parking and Traffic and Municipal Transportation Agency report on the feasibility of installing pedestrian crosswalk signals and left turn signals at the intersection of Divisadero Street and California Street.

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting that the Department of Public Works report on the status of installing a public trash can on Haight Street between Webster Street and Buchanan Street.

From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting that the Department of Parking and Traffic report on the feasibility of installing 4-way stop signs at the intersection of Pierce Street and Fulton Street.

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting that the Department of Public Works report on the status of the repair of the pothole in the middle of the intersection of 8th Avenue and Judah Street.

From: Supervisor Mirkarimi
To: Director, San Francisco Housing Authority

Requesting/Inquiring: Requesting that the San Francisco Housing Authority report on the status of cleaning up the trash accumulated on the sidewalk in front of 629-839 Buchanan Street at Hayes Street.

From: Supervisor Elsbernd
To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting the Department of Parking and Traffic to study the possibility of installing a left turn green arrow signal at the intersection of Bosworth and Congo (left turn from Bosworth onto Congo). Due to the amount of traffic and speeding issues at this intersection, drivers find it very difficult making this left turn on a green light signal.

From: Supervisor Daly
To: City Attorney
To: Director, Ethics Commission

Requesting/Inquiring: Pursuant to Campaign & Governmental Conduct Code Section 1.168(c), I am asking for your advice about the San Francisco Sentinel:

Specifically, given the fact that the San Francisco Sentinel hosted a political fundraiser on April 1, 2005, and had previously filed as a political committee, are they in fact a committee under the definition of state law, and are they required to file reports under state and local law?

In Memoriams

Donato Rossi – Supervisor Peskin
Angela Catherine Marie deVere Hinckle – Supervisor Peskin

Last updated: 9/9/2014 11:51:38 AM