City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
September 27, 2005
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordinances
| 051460 |
[Subdivision Code fees] |
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Ordinance amending the Subdivision Code section 1315 to adopt new fees for air space maps, lot subdivisions, condominium conversions, parcel maps, lot merger and resubdivision maps, amended maps, lot line adjustments, lot mergers, certificates of compliance, certificates of correction, records of survey, and other mapping actions and to provide for an annual adjustment of such fees based on the relevant consumer price index; and making environmental findings. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. SUBSTITUTED. Supervisor Dufty submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee. |
| 051250 |
[Medical cannabis guidelines and medical cannabis dispensary zoning and permitting] |
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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 facilities providing substance abuse services that are licensed or certified by the State of California or funded by the Department of Public Health; 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 as of April 1, 2005 to obtain a permit within 18 months of the effective date of this legislation or must cease operations; require dispensaries beginning operation after April 1, 2005 but before the effective date of this legislation to cease operations; 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 cannabis 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. REFERRED TO DEPARTMENT. Referred to Planning Department for review and comment. RESPONSE RECEIVED. Planning Department Certificate of Determination of exemption/exclusion from environmental review. TRANSFERRED to Budget and Finance Committee. SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee. |
| 051637 |
[Subdivision Code - Planning Commission hearings on condominium conversions] |
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Ordinance amending Subdivision Code Section 1332 to require Planning Commission hearings to address General Plan consistency for all condominium conversion applications subject to Subdivision Code Sections 1396 et seq., the condominium conversion lottery; and making environmental findings. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. |
| 051651 |
[Protection of employee rights] |
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Ordinance amending Section 11.55 of the Administrative Code to require franchise grantees to comply with provisions of federal law that prohibit discrimination against an employee based on an employee's decision to participate in employee organizations for the purpose of representation, and to require grantees to notify contractors and subcontractors that they must comply with these same provisions, and to prohibit discrimination against an employee, contractor or subcontractor for speaking before or filing a complaint with any government agency or court, and to ensure that company policies, handbooks, and directives are not construed to limit such activity by an employee. Supervisors Mirkarimi, Ammiano, Peskin, Dufty, Ma, Maxwell, Daly, Sandoval, McGoldrick presented. RECEIVED AND ASSIGNED to Rules Committee. |
| 051652 |
[Office of Labor Standards Enforcement] |
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Ordinance adding Section 2A.23 to Chapter 2 of the San Francisco Administrative Code to establish the Office of Labor Standards Enforcement within the Department of Administrative Services to enforce the Minimum Wage Ordinance, Minimum Compensation Ordinance, Health Care Accountability Ordinance, Prevailing Wage Ordinances and carry out additional duties as established by Charter or ordinance; and amending Section 6.24 of the Administrative Code to delete language duplicative of Section 2A.23. Supervisor Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. |
| 051653 |
[Recreation and Park - S.F. Marina Parking] |
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Ordinance amending the San Francisco Park Code by amending Section 12.11 to limit the number of parking spaces reserved for berth-holders. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
Resolutions
| 051632 |
[Walk to School Day] |
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Resolution declaring October 5, 2005 as “Walk Our Children to School Day” in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051633 |
[Adopting the National Incident Management System] |
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Resolution adopting the National Incident Management System. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 051634 |
[Microenterprise Development Month] |
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Resolution declaring October 2005 as “Microenterprise Development Month” in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051635 |
[FY 2005-06 California Constitution Appropriations Limit] |
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Resolution establishing the appropriations limit for Fiscal Year 2005-06 pursuant to California Constitution Article XIII B. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 051636 |
[Expend Federal Funding - Community Development Block Grant] |
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Resolution approving the expenditure of One Million Six Hundred Eleven Thousand Seven Hundred and Seventy-eight Dollars ($1,611,778) of Community Development Block Grant Funds. Supervisors Ammiano, Maxwell presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. MOCD requests this item be scheduled for consideration at the October 6, 2005 meeting. |
| 051638 |
[Employment Policies and Procedures Regarding Criminal History] |
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Resolution urging the Civil Service Commission and the Department of Human Resources to review and revise current policies and procedures where appropriate so that people who have been in prison or convicted of criminal activity are not unreasonably denied City employment. Supervisors Ammiano, Maxwell, Daly, Mirkarimi, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051641 |
[Urging Federal Action] |
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Resolution confirming the City and County of San Francisco’s opposition to oil or gas exploration, and development off and on our coastline and requesting that the United States Department of the Interior refrain from the inclusion of any OCS lease tracts offshore the California coastline in its Proposed Five-year Outer Continental Shelf Leasing Program for 2007-2012. Supervisors Peskin, Mirkarimi, McGoldrick, Ma, Maxwell, Dufty, Ammiano presented. ADOPTED. |
| 051642 |
[Authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years 2004-2005 and 2005-06] |
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Resolution authorizing the Teeter Tax Losses Reserve Fund to be governed by Revenue and Taxation Code Section 4703.2 for fiscal years ending June 30, 2005 and June 30, 2006. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 051655 |
[Declaring October 1, 2005, to be Renewable Energy Day in San Francisco] |
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Resolution declaring October 1, 2005, to be Renewable Energy Day in San Francisco. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051656 |
[Proclaiming October 2005 as "San Francisco Disaster Preparedness Month"] |
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Resolution proclaiming October 2005 as “San Francisco Disaster Preparedness Month”. Supervisors Ma, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051657 |
[Commending the Second Annual Loveparade San Francisco] |
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Resolution commending the success of the 2005 Loveparade San Francisco. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051658 |
[Shared Lane Markings on Seventh Avenue] |
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Resolution urging the Department of Parking and Traffic to complete stenciling Shared Lane Markings on Seventh Avenue between Kirkham Street and Lincoln Way. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 051659 |
[Supporting Federal Legislation H.R. 1492 - Preservation of Historic Confinement Sites] |
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Resolution expressing support for House Resolution 1492, federal legislation to provide for the preservation of the historic confinement sites where Japanese Americans were detained during World War II. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
Requests For Hearing
| 051643 |
[Fees for Minor Encroachment Permits] |
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Hearing regarding the Department of Public Works' progress in implementing recently adopted fees for minor encroachment permits. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 051644 |
[Information Technology Procurement and Maintenance] |
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Requesting a hearing on the Information Technology procurement and maintenance to include the Department of Telecommunication and Information Systems, the Committee on Information Technology, and the mini-IT departments that the larger departments in this City have created, including the S.F. International Airport, the Department of Public Health, the S.F. Public Utilities Commission, and the Human Services Agency. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 051645 |
[Update on the Sutter/CPMC Situation] |
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Hearing to receive an update on the Sutter/California Pacific Medical Center situation. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 051646 |
[SRO Health and Safety Task Force] |
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Hearing to allow the SRO Health and Safety Task Force to formally present their findings to the Board of Supervisors regarding Families with Children Living in Private SROs in San Francisco and proposed recommendations from the SRO Task Force to ensure adequate housing and reducing children’s exposure to environmental health hazards. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Land Use Committee. |
| 051647 |
[Qualifications for the Director of the Office of Emergency Services] |
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Request for a hearing to inquire into Administrative Code Section 7.7 which defines the qualifications for the Director of the Office of Emergency Services. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Rules Committee. |
| 051648 |
[Mayor's Budget Instructions to City Departments] |
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Hearing on the Mayor's instructions to City Departments regarding policy fiscal objectives and policy priorities in drafting their budgets, including: (1) What fiscal constraints is the Mayor applying to budget creation? (2) What major policy objectives and strategic initiatives is the Mayor planning? (3) How will Board of Supervisors' budget priorities resolution and subsequent restorations for FY 06-07 be considered in these instructions? (4) What are the Mayor's plans to respond to the epidemic of homicides affecting many San Francisco neighborhoods? Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 051649 |
[Allegations of illegal evictions at the Hunters View Public Housing Development site] |
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Hearing to discuss recent allegations of illegal evictions at the Hunters View Public Housing Development site. The S.F. Housing Authority should come prepared to respond to these allegations as well as provide the Board of Supervisors information on the following: (1) An update on the Hunters View revitalization plan; (2) An explanation of 200 plus vacant units that became available to Kartina victims and how this affects people who are currently on the Housing Authority waiting list; (3) Information on how they prioritize maintenance and upkeep throughout their site in the City, what procedures are in place to respond to requests; and (4) How are these requests prioritized. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use Committee. |
| 051650 |
[S.F. Fire Department's plans to coordinate emergency aid in the event of a major disaster] |
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Hearing on the S.F. Fire Department's plans to coordinate emergency aid from other jurisdictions in the event of a major disaster, and steps being taken to ensure that engines from other jurisdictions will be able to access and utilize San Francisco fire hydrants. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
Motion
| 051631 |
[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, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
PROPOSED ORDINANCES
| 051554 |
[Abolition of Legislated Setback for 301-323 14th Avenue] |
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Ordinance amending the San Francisco Planning Code by abolishing the legislated front setback of the southeastern portion of the property located at 301-323 14th Avenue, identified as Assessor’s Block No. 1446, Lot No. 054 (formerly Lots 001, 004, 006, 053), as shown on Block Book Map No. 1446 of the City and County of San Francisco, Volume 12; and adopting General Plan, Planning Code Section 101.1(b), and environmental findings. (Planning Department) Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Land Use Committee. 9/22/05, Supervisor McGoldrick requests to be added as sponsor. AMENDED. Heard in committee. Speakers: Supervisor McGoldrick; Sara Vellve, Planning Department; Supervisor Maxwell; Supervisor Sandoval; David Silverman, Project Manager; Stanley, Architect; Rabbi Kenneth Leitner, Beth Sholom; Greg Smith; Harvey Lubar; Ted Lakey, Deputy City Attorney. Amended on page 1, line 15 to replace "Motion" with "Resolution"; and on lines 20 & 24 delete, "and Motion"; same title. RECOMMENDED AS AMENDED. |
| 051583 |
[Settlement of Lawsuit - Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al] |
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Ordinance authorizing settlement of the lawsuit filed by Frederick Meiswinkel, Inc. for $1,800,000 against the Hunt Construction Group, Inc. and Hun't cross-complaint against the City and County of San Francisco seeking indemnity from the claims brought by Meiswinkel; the lawsuit was filed on March 2, 2004 in San Francisco Superior Court, Case No. CGC –04-429249; entitled, Frederick Meiswinkel, Inc. v. Hunt Construction Group, et. al; other material terms of said settlement are nonmaterial terms. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
| 051584 |
[Settlement of Lawsuit - Kaiser Foundation Hospitals] |
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Ordinance authorizing settlement of the lawsuit filed by Kaiser Foundation Hospitals against the City and County of San Francisco for $67,500.00; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. 429-909; entitled Kaiser Foundation Hospitals v. City and County of San Francisco. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
| 051590 |
[Designating a portion of Lot 1 in Assessor's Block 1700 (Golden Gate Park), the Music Concourse, as a Landmark under Planning Code Article 10] |
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Ordinance designating a portion of Lot 1 in Assessor’s Block 1700 (Golden Gate Park), the Music Concourse, as Landmark No. 249, pursuant to Article 10, Sections 1004 and 1004.4 of the Planning Code. (Planning Department) Supervisors Mirkarimi, Maxwell presented. RECEIVED AND ASSIGNED to Land Use Committee. |
PROPOSED RESOLUTIONS
| 051553 |
[Supporting the City's application for Prop 63 Mental Health Funding] |
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Resolution supporting the City’s application to the State of California for the Mental Health Services Act (MHSA). (Public Health Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 051581 |
[Street Artist Winter Holiday Spaces] |
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Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2005, beginning on November 15, 2005 and ending on January 15, 2006. (Arts Commission) . RECEIVED AND ASSIGNED to Land Use Committee. |
| 051595 |
[Mission Bay South City Construction and Slope Maintenance, Easement] |
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Resolution approving exercise of option to extend an easement agreement for temporary rights to the City to construct improvements, maintain certain slopes for street improvements until such time as those slopes are no longer needed to support the street and authorizing other official actions. (Public Works Department) . RECEIVED AND ASSIGNED to Land Use Committee. |
| 051596 |
[Contract Amendment for Muni Metro East Light Rail Facility] |
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Resolution authorizing the Director of Transportation to execute the Tenth Amendment to San Francisco Municipal Railway Contract No. CS-116, Design and Construction Support Services for Muni Metro East Light Rail Vehicle Maintenance and Operations Facility with Gannett Fleming, Inc. for an amount not to exceed $3,313,629, for a total contract amount not to exceed $12,262,990, and for a contract extension of two and one-half years, for a total contract term of ten years. (Municipal Transportation Agency) . RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Clerk to Act – September 27, 2005
Board Minutes for September 6, 2005 approved.
Requests Granted
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing the trash bags on Clayton Street between Haight Street and Waller Street and the tree branches and other yard waste at the corner of Clayton and Waller Streets.
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: Requesting that the Department of Public Works report on the feasibility of regularly emptying the public trash receptacles in the Haight-Ashbury neighborhood on Sundays, particularly on Haight Street between Stanyan Street and Masonic Street, and on Belvedere Street between Haight Street and Waller Street.
From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic
Requesting/Inquiring: Requesting that the Department of Parking and Traffic report on the status of putting up the official street signs for identifying the intersecting streets along Octavia Blvd. between Hayes and Market.
From: Supervisor Mirkarimi
To: City Attorney
Requesting/Inquiring: Requesting that the City Attorney advise on introducing colored pavement to designate the continuation of bike lane across the intersection of Market Street and Octavia Street as expressed in the resolution passed by the Board of Supervisors on August 2004, file #040912; using the adoption of "Shared Lane Marking" as an example.
From: Supervisor Ammiano
To: Members, San Francisco Police Commission
Requesting/Inquiring: Requesting a letter of inquiry to be delivered to all members of the San Francisco Police Commission to inquire into the recent creation of the Firearms Review Advisory Board.
From: Supervisor Sandoval
To: Director, Public Utilities Commission
Requesting/Inquiring: Requesting a letter to the Public Utilities Commission inquiring about the feasibility of improving the lighting on Persia Street at Dublin Street and Prague Street. Residents waiting at bus stops located on Persia Street have been targets of crime due to poor lighting and close proximity to McLaren Park.
From: Supervisor Sandoval
To: Chief Joanne Hayes White, San Francisco Fire Department
Requesting/Inquiring: Requesting a copy of the request for a Committee hearing on the San Francisco Fire Department’s plans to coordinate emergency aid from other jurisdictions in the event of a major disaster, and steps being taken to ensure that engines from other jurisdictions will be able to access and utilize San Francisco fire hydrants be sent to Chief Joanne Hayes White.
In Memoriams
Deputy Carthell Lewis – Supervisor Dufty
Lily Cuneo – Supervisors Dufty and Alioto-Pier
Salud Orate – Supervisor Peskin
Robert Anthony Awad – Supervisors Ammiano, Elsbernd, and Dufty
Jack Riordan – Supervisor Elsbernd