Board of Supervisors : September 20, 2005

City and County of San Francisco

Legislation Introduced
Including All Off-Calendar Items
September 20, 2005

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051260

[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 and subject, in some areas of the City, to the granting of a conditional use permit; 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 Sandoval presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. REFERRED TO DEPARTMENT. Referred to Planning Department for review and comment. RESPONSE RECEIVED. Planning Department Certificate of Determination of exemption/exclusion from environmental review. SUBSTITUTED. Supervisor Sandoval submitted a substitute ordinance bearing new title. ASSIGNED to Land Use Committee.

051604	[Payroll Expense Tax Exclusion for Persons Who Hire the Disabled and the Homeless]
	Ordinance amending the Payroll Expense Tax Ordinance to establish a tax exclusion for persons who hire the disabled and the homeless, as specified. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

051605	[Penalties related to dog licensing]
	Ordinance amending Article 1, Section 41.25 of the San Francisco Health Code by increasing penalties imposed for failing to license a dog or obtain a young dog certificate from not less than $25 nor more than $50 to exactly $100; and making environmental findings. Supervisor Dufty presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

051606

[Penalties related to vicious and dangerous dogs]

Ordinance amending Article 1, Section 42.2 of the San Francisco Health Code to transfer authority for registration of vicious and dangerous dogs from the Department of Public Health to the Department of Animal Care & Control, increase the vicious and dangerous dog registration fee from $50 to $250, allow for microchipping as an alternative form of permanent identification for dogs, and clarify standards for outdoor enclosures; amending Section 42.3 to adjust hearing deadlines for vicious and dangerous dog hearings; and amending Section 42.4 making a second or subsequent violation within any 12-month period from the initial incident punishable as a misdemeanor, and to allocate dog registration fees and fines collected for violations of Sections 42 through 42.3 to the Department of Animal Care & Control for enforcement of the vicious and dangerous dog program; and making environmental findings. Supervisor Dufty presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

051607

[Mandating the spaying and neutering of pit bulls and prohibiting non-permitted breeding of pit bulls]

Ordinance amending Article 1 of the San Francisco Health Code by: adding Section 43, to define pit bull and to create a procedure for determining breed; adding Section 43.1, to require every pit bull in the City and County of San Francisco to be spayed or neutered unless one of the enumerated exceptions apply; adding Section 43.2, to establish fines of $100 to $1000 for failing to spay or neuter, to limit an owner from redeeming an impounded unspayed or unneutered pit bull, to provide a procedure for the Department of Animal Care and Control to spay or neuter a pit bull upon a deposit of $100 with an ultimate fee of the actual expenses incurred, and to set a fee of $60 for Animal Care and Control to transport a pit bull to a private veterinarian for spaying or neutering; adding Section 43.3, to allocate fines to the Department of Animal Care and Control; adding Section 43.4 to provide an operative date; adding Section 44, to provide permit requirements for the breeding and/or transferring ownership or possession of pit bull puppies within the City and County of San Francisco; adding Section 44.1, to create a permit procedure including standards for granting or denying a permit and establish a permit fee of $100; adding Section 44.2, to create a procedure for revoking a permit; adding Section 44.3, to require posting of permit numbers on any offer of sale, trade or adoption and to require permit holders to inform the Department of Animal Care and Control of the number of puppies born and transfer of ownership or possession of puppies; adding Section 44.4, to create fines of $100 to $1000 for failure to comply with permit requirements; adding Section 44.5, to allocate fines to the Department of Animal Care and Control; adding Section 44.6, to define exceptions to the breeding permit posting requirements; adding Section 44.7 to provide an operative date; and making environmental findings. Supervisor Dufty presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

051614	[Establishing the Hurricane Katrina Relief Fund to receive donations to pay for relief to victims of the Hurricane Katrina of 2005]
	Ordinance amending the San Francisco Administrative Code by adding Section 10.100-291 to establish the San Francisco Hurricane Katrina Relief Fund to receive donations from employees, and private and public grants and appropriations, gifts and bequests to be used for relief to victim of Hurricane Katrina of 2005. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

Resolutions

051580

[Urging SFUSD Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package]

Resolution urging San Francisco Unified School District Superintendent Arlene Ackerman to forego the provision in her current contract for a $375,000 severance package. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to City and School District Select Committee. Supervisor Maxwell requested that this matter be referred to Committee.

051609	[Mortgage Credit Certificates]
	Resolution authorizing an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates. Supervisor Ma presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests this item be scheduled for consideration at the September 29, 2005 meeting.

051611

[St. Luke's and CPMC Affiliation Agreement]

Resolution urging the Boards of Directors of both St. Luke's Hospital and the California Pacific Medical Center to postpone their vote on the new Affiliation Agreement until the Board of Supervisors has scheduled a hearing to consider the financial, social justice and public health implications of key elements of the agreement. Supervisors Ammiano, Peskin, Mirkarimi, McGoldrick, Alioto-Pier, Ma, Daly presented.ADOPTED.

051612	[Commending George Galloway]
	Resolution commending George Galloway, Member of Parliament for Bethnal Green and Bow, UK, and author of "Galloway Goes to Washington," for his efforts to promote peace in Iraq through his "Stand Up and Be Counted" tour. Supervisors Daly, Mirkarimi presented. ADOPTED.

051615	[Housing assistance for people with HIV/AIDS displaced by the Hurricane Katrina]
	Resolution stating that the City and County of San Francisco will provide housing assistance for the 8,000 people with HIV/AIDS who have been displaced by the Hurricane Katrina disaster in Louisiana and Mississippi. Supervisors Ammiano, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051616

[Commending East Bakersfield High School Journalists]

Resolution commending East Bakersfield High School Journalism Department and student journalists for their courage in attempting to publish a series of news articles in their school newspaper on the lives of gay youth and for fighting for their first amendment rights to overturn the prohibition imposed by school administrators to censor publication of the news series. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051617	[Declaring October 2005 to be "Domestic Violence Awareness Month"]
	Resolution declaring October 2005 to be "Domestic Violence Awareness Month" in the City and County of San Francisco. Supervisor Ma presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051618	[Accept-Expend Gift - San Francisco Public Library]
	Resolution authorizing the Library to accept and expend up to $16 million from the Friends of the San Francisco Public Library for furniture, fixtures, equipment and other costs related to the Branch Library Improvement Program. Supervisor Mirkarimi presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051619	[Interim Report on Traffic Flow and Pedestrian Safety on Octavia Boulevard]
	Resolution urging the San Francisco Department of Parking and Traffic to deliver an interim report by October 5, 2005 concerning traffic flow and pedestrian safety on Octavia Boulevard and its adjoining freeway off-ramp. Supervisor Mirkarimi presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051620	[Tree Disclosure Statement]
	Resolution instructing the Planning Department to require a Tree Disclosure Statement as part of all building permit applications that include exterior work, demolition or grading. Supervisor McGoldrick presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051621

[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 Administrative Code to add Chapter 36 to establish uniform procedures for developing comprehensive neighborhood plans (the "Better Neighborhoods Planning and Implementation Process"); to Administrative Code Section 3.4 to provide for integrated Better Neighborhoods Plan budget documents, and to amend the Planning Code to add Section 312A regarding discretionary review for projects proposed in Better Neighborhoods Plan areas. Supervisor McGoldrick presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051622	[Endorsing Statewide Ballot Measure]
	Resolution endorsing the passage of California State Proposition 79, the "Cheaper Prescription Drugs for California Act", and urging the defeat of California State Proposition 78, sponsored by major pharmaceutical manufacturers. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051623	[Honoring Michael Lane]
	Resolution honoring Michael Lane for his many contributions to the City and County of San Francisco and proclaiming October 4, 2005 as Michael Lane Day. Supervisors Peskin, Dufty, Maxwell, Alioto-Pier, Elsbernd presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051624	[Declaring the week of October 2-9 Howl Week in the City and County of San Francisco]
	Resolution declaring the week of October 2-9 Howl Week in the City and County of San Francisco to commemorate the 50th anniversary of the first reading of Allen Ginsberg's classic American poem about the Beat Generation. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051625

[Commending the League of California Cities-Latino Caucus]

Resolution commending the League of California Cities-Latino Caucus for its work advocating for and improving the quality of life of Latinos in California and extending congratulations to Los Angeles City Council President Alex Padilla on becoming President of the League of California Cities. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearings

051608	[Functions of a County Agricultural Commissioner-Sealer of Weights and Measures and status of enforcement of San Francisco Police Code Sections 4901-4914]
	Hearing to review the functions of a County Agricultural Commissioner - Sealer of Weights and Measures and to review the status of enforcement of San Francisco Police Code Sections 4901-4914. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

051610

[Treasure Island Development Authority (TIDA)]

Hearing on the status of the Treasure Island Development Authority (TIDA) as an independent agency and of the Exclusive Negotiating Agreement (ENA), to determine the following: (1) The leadership crisis at TIDA. Who is in charge. (2) The status of TIDA as an independent redevelopment agency. (3) The status of the existing Exclusive Negotiationg Agreement (ENA) and its proposed extension with the developer. Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Sponsor requests this item be scheduled at the September 26, 2005 meeting.

051613	[Implementation of pedestrian safety and traffic calming measures around the opening of the Octavia freeway entrance at Market Street]
	Hearing on the implementation of pedestrian safety and traffic calming measures around the opening of the Octavia freeway entrance at Market Street, as directed by the Board of Supervisors Resolution No. 040912. Supervisor Dufty presented.RECEIVED AND ASSIGNED to Land Use Committee.

051626	[Hearing - St. Luke's and CPMC Affiliation Agreement]
	Hearing to inquire into the fiscal, social justice and public health implications of the Affiliation Agreement between the Boards of Directors of St. Luke's Hospital and the California Pacific Medical Center. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED ORDINANCES

051521	[Designate 150 Otis Street, the Juvenile Court and Detention Home, as Landmark No. 248]
	Ordinance designating 150 Otis Street, the Juvenile Court and Detention Home, as Landmark No. 248 pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) . RECEIVED AND ASSIGNED to Land Use Committee. RECOMMENDED. Heard in committee. Speakers: Mat Snyder, Planning Department; Francisco da Costa.

PROPOSED RESOLUTIONS

051530	[Airport Public Parking Services Proposition]
	Resolution approving the Controller's certification that Airport Public Automobile Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

051531	[Airport Employee Parking Services Proposition J]
	Resolution approving the Controller's certification that Airport Employee Parking Facilities for San Francisco International Airport can practically be performed by private contractor at a lower cost than if work were performed by city employees at budgeted levels. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

051532	[Report of assessment costs for sidewalk and curb repairs]
	Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. .SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.

051533

[Contract between the Department of Public Health and Accordis, Inc. to provide retroactive claiming of aged accounts services]

Resolution authorizing the Director of Public Health and the Director of the Office of Contract Administration/Purchaser to continue a contract between the City and County of San Francisco and Accordis, Inc. to provide retroactive claiming of aged accounts services for the period of July 1, 2004 through June 30, 2008. (Public Health Department) .RECEIVED AND ASSIGNED to Budget and Finance Committee.

051594	[Confirming appointment of Hunter Stern to the Municipal Transportation Agency Board of Directors]
	Resolution confirming the appointment of Hunter Stern to the Board of Directors of the Municipal Transportation Agency, term ending March 1, 2009. Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.

Clerk to Act – September 20, 2005

Requests Granted

From: Supervisor Mirkarimi

To: Director, Municipal Transportation Agency

Requesting/Inquiring: Supervisor Mirkarimi requests that the Municipal Transportation Agency answer the following questions related to Octavia Boulevard:

Please describe the current model for moving traffic through Octavia Boulevard to/from Oak/Fell and the Central Freeway.
What collisions have been observed so far?

3) How does the department intend to use data gathered from studying those collisions to inform a new traffic regimen for the system?

From: Supervisor Mirkarimi