Board of Supervisors : October 18, 2005

City and County of San Francisco

Legislation Introduced
Including All Off-Calendar Items
October 18, 2005

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051715

[Better Streets Policy]

Ordinance amending the Administrative Code to add Chapter 98, the Better Streets Policy; making environmental findings; authorizing and urging official acts in furtherance of this Ordinance; and requesting General Plan amendments to incorporate the Better Streets Policy and its supporting principles. Mayor, Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

051720

[Limousines operating as unlicensed taxicabs; inspection of limousine waybills; criminal and administrative penalties]

Ordinance amending the San Francisco Police Code by: (1) repealing current Section 1165, dealing with local licensing of limousines; (2) amending Section 1078, to re-state the prohibition on limousines acting as unlicensed taxicabs within San Francisco; (3) adding a new Section 1165, pursuant to California Public Utilities Code Section 5371.4(i), to authorize police officers to inspect limousine waybills and make violation an infraction; (4) amending Section 1185, to correct certain misdemeanor penalties and increase infraction penalties for violation of Section 1078; and (5) adding Section 1187.1, to authorize imposition of administrative penalties against persons operating a motor vehicle as a taxicab without a permit. Supervisor Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

051721

[Zoning - Interim Moratorium on New Check Cashing and Pay Day Lender Uses]

Urgency Ordinance approving an interim zoning moratorium on new check cashing and pay day lender uses for 45 days and making required findings, including findings related to the imposition of an interim moratorium, findings of consistency with the priority policies of Planning Code Section 101.1, and environmental findings. Supervisors Ammiano, Maxwell, Dufty, Daly presented. ASSIGNED to Land Use Committee.

051724

[Personal Services Minimum Contractual Rate Ordinance]

Ordinance amending the San Francisco Administrative Code by adding Chapter 12V, Sections 12V.1 through 12V.5, to: require entities that contract for personal services to compensate the providers of those services at a rate per hour of no less than the City's Minimum Wage rate and maintain records, designate the City's Office of Labor Standards Enforcement as the enforcement agency, and establish investigation, enforcement and administrative appeals procedures. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee.

Resolutions

051692

[Duplication of Health Benefits to City-Employed Spouses and Partners]

Resolution urging the Health Service Board to adopt a rule change that will eliminate the duplication of health benefits to City-employed spouses and partners. Supervisors Elsbernd, Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Rules Committee. Supervisor Daly requested that this matter be referred to Committee. Supervisor Ma requested to be added as a co-sponsor.

051695

[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ) - $100,000]

Resolution authorizing the Mayor’s Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $100,000 from the Office of Justice Programs (OJP), Department of Justice for the purpose of supporting activities to reduce the number of violent and drug-related crimes in the designated Weed and Seed area within the Bayview Hunters Point neighborhood. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Budget and Finance Committee. Supervisor Elsbernd requested that this matter be referred to Committee.

051696

[Accept-Expend Federal Grant - Mayor's Office of Criminal Justice (MOCJ) - $653,368]

Resolution authorizing the Mayor’s Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $653,368 from the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), Department of Justice for the purpose of supporting activities to reduce the drug problem and violent activity associated with drug activity in San Francisco. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Budget and Finance Committee. Supervisor Elsbernd requested that this matter be referred to Committee.

051716	[Settlement of Unlitigated Claim - The Hertz Corporation]
	Resolution authorizing settlement of an unlitigated claim with The Hertz Corporation, for a payment to the City in the amount of $250,000.00, and on certain other terms. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Rules Committee.

051717	[Commending Deputy City Attorney John Cooper]
	Resolution commending John Cooper for his work as a Deputy City Attorney. Supervisors Daly, Dufty presented. ADOPTED.

051718	[Police Officers' search and rescue training]
	Hearing on the search and rescue training for Police Officers. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

051719

[Judicial Review of the Ogoni Nine]

Resolution urging the Government of Nigeria to conduct a full judicial review of the trial of the Ogoni Nine, make reparations to the survivors of the Ogoni Nine, increase social spending for the Ogoni and the Niger Delta as a whole, ensure that all members of the security forces receive training in international standards on the use of force and firearms, in particular the 1979 UN Code of Conduct for Law Enforcement Officials and the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051725	[Accept-Expend State Grant - Department of Parking and Traffic]
	Resolution authorizing the Department of Parking and Traffic to apply for, accept and expend a grant in the amount of $706,500 from the California Department of Transportation for Safe Routes to School grant funding. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

051726	[Urging Caltrans to restore the double turn lanes from Duboce Avenue onto South Van Ness]
	Resolution urging Caltrans to restore the double turn lanes from Duboce Avenue onto South Van Ness. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be scheduled for consideration at the November 2, 2005 meeting together with File 051613.

051727	[Urging Commemoration of Harvey Milk Stamp]
	Resolution urging the United States Post Master General to issue a commemorative stamp of Harvey Milk. Supervisors Daly, Ammiano, Dufty, Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051728	[Commending Lights On Afterschool]
	Resolution commending Lights On Afterschool! Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051729

[Accept-Expend Federal Grant - Department of the Environment]

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the Environmental Protection Agency Aging Initiative to reduce seniors' exposure to environmental hazards, increase senior participation in free and low cost toxic reduction programs currently being offered by the City and to work with seniors and senior networks to conduct outreach and education efforts to seniors by seniors. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051730	[Commending the San Francisco Health Plan]
	Resolution commending the San Francisco Health Plan for their commitment and dedication to the residents of the City. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051731	[Proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco]
	Resolution proclaiming November 2005 as Lung Cancer Awareness Month in San Francisco. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051733

[Acceptance of a monetary gift - Recreation and Park Department]

Resolution approving the acceptance of a monetary gift of $53,075 from Michael Lanza to the Recreation and Park Department to fund improvements for the Arkansas Friendship Community Garden and a pathway at Potrero Hill Playground, and to support recreational programs at Potrero Hill Recreation Center. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051734	[Grant of Federal Funds - Municipal Transportation Agency]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $23,600 of Section 115 funds from the Federal Transit Administration for the Municipal Railway’s Radio System Replacement and Third Street Phase 1 projects, excluding administrative overhead costs. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051735

[Accept-Expend Federal Grant - Department of the Environment]

Resolution authorizing the Department of the Environment to accept and expend grant funds in the amount of $15,000 from the Environmental Protection Agency (EPA) for the ongoing development of a database to track municipal green building projects and their environmental benefits to the City and County of San Francisco and disseminate information about the database to stakeholders. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051736	[Home Care and Hospice Day]
	Resolution commending the San Francisco Bay Area Regional Council of Home Care Providers, and declaring November 9, 2005, Home Care and Hospice Day in San Francisco. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051738	*[Commending PlantSF, Sidewalk Pocket Park Gardens]**
	Resolution commending the work of Plant*SF, Sidewalk Pocket Park Gardens and other projects that promote community-based permeable landscaping and public open-space gardens located on public rights-of-way. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

051713	[Shelter Monitoring Committee]
	Hearing to consider the Shelter Monitoring Committee's report. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee.

051714	[Hayward Fault]
	Hearing to discuss activity on the Hayward Fault and how that would impact San Francisco. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

051737	[Budget Analyst Report on the Public Education Enrichment]
	Hearing to discuss the Budget Analyst Report on the Public Education Enrichment Fund dated September 30, 2005. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

Motions

051712	[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.

051722	[Establishing a Select Committee on Ending Gun and Gang Violence Pursuant to Board of Supervisors Rules of Order, Rule 5.26]
	Motion to establish a Select Committee on Ending Gun and Gang Violence pursuant to Board of Supervisors Rules of Order, Rule 5.26. Supervisors Maxwell, Mirkarimi presented. RECEIVED AND ASSIGNED to Rules Committee.

051723	[Designating the Committee on Parades]
	Motion designating the City Operations and Neighborhood Services Committee of the Board of Supervisors as the Committee on Parades. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

051732	[Committee of the Whole - November 1, 2005 at 5:30 p.m.]
	Motion scheduling a Committee of the Whole on November 1, 2005, at 5:30 p.m. to hold a hearing to discuss the City’s plan to end gun and gang violence in San Francisco. Supervisors Maxwell, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

PROPOSED RESOLUTIONS

PROPOSED MOTIONS

Clerk to Act – October 18, 2005

Requests Granted

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

Requesting/Inquiring: Requesting the Department of Parking and Traffic to inspect whether or not DPT can install speed bumps or other traffic calming measures at the intersection of 16^th Ave. and Lawton.

Text as follows:

Can the Department of Parking and Traffic inspect whether or not it is feasible to install speed bumps or other traffic calming measures at the intersection of 16^th Ave. and Lawton? This intersection is curved, and cars driving too fast have spun out and damaged property in the area.

From: Supervisor Mirkarimi
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft legislation to designate restaurants as a conditional use in the Lower Haight Neighborhood Commercial District (400 to 800 block).

From: Supervisor Mirkarimi
To: City Attorney

To: Director, Department of Real Estate
To: Mayor’s Office

Requesting/Inquiring: Requesting the City Attorney, Department of Real Estate, and the Mayor’s Office to detail the steps necessary to qualify the land-use and planning approval for allowing the construction of a mosque (affiliated with Islam) on Brotherhood Way as it pertains to City’s past program aimed at the parcel allocation for religious institutions (house of worship) where the major religions in the United States are represented with the exception of the Islamic faith.

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

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following locations:

Intersection of Steiner St. and Fell St.
Mailboxes at Grove St. and Buchanan St.
In red on the sidewalk of Ivy St. and Buchanan St.
Building at 706 Buchanan
Private property of Hayes Valley Apts. At 635 Buchanan
Electric box on Stanyan between Park St. and Alma St.

Public property at McAllister St. and Divisadero Blvd.

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

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at 590 Steiner St. and at 710 Steiner St.

From: Supervisor Mirkarimi
To: Director, Recreation and Park Department

Requesting/Inquiring: Requesting the Recreation and Park Department to clean the Mini-Park near 1111 Buchanan, and to give a report on regular cleaning and gardening of the park and coordinating the cleaning schedule.

From: Supervisor Mirkarimi
To: Director, Municipal Transportation Agency

Requesting/Inquiring: Requesting the Municipal Transportation Agency to report on the status of the:

Service runs and times for MUNI lines #6, #7, #71, #5, #21, #22, #24, #31, #33, #38, #44, and N-Judah since September 16, 2005.
Expect date of return to the same service level prior to the cut backs in runs.
The reason of the use of buses on the #6 line that do not have bike racks or wheelchair lifts.
The reason for use of articulated buses on the #71 line on the weekends and not during the weekday commute times.