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November 1, 2005

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
November 1, 2005

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051818 [Green Business Program]
Ordinance amending the Environment Code by adding Chapter 15 to authorize a City-wide Green Business Program. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051819 [Zoning Map Amendment for Blocks 0847 and 0861 of Haight Street]
Ordinance amending the San Francisco Planning Code by amending Sectional Map 7 of the Zoning Map of the City and County of San Francisco to change the use classification of certain property located within Assessor’s Block No. 0847 of Haight Street and identified as Lots Nos. 008, 009, 044 and 045 (formerly Lot No. 10), 011, 012, 013, 54 and 55 (formerly Lot No. 14), 015, and 016 from a zoning designation of RH-3 (Residential, House Districts, Three-Family) to NC-2 (Small Scale Neighborhood Commercial District) and Lots Nos. 017, 018, 019, 020, and 021 from a zoning designation of NC-1 (Neighborhood Commercial Cluster District) to NC-2 (Small Scale Neighborhood Commercial District), and to change the use classification of certain property located within Assessor’s Block No. 0861 of Haight Street and identified as Lots Nos. 031, 032, 033, and 034 from a zoning designation of RH-3 (Residential, House Districts, Three-Family) to NC-2 (Small Scale Neighborhood Commercial District) and Lots Nos. 022, 023, 025, 026, 027, 028, and 046 through 065 (formerly Lot No. 29) from a zoning designation of NC-1 (Neighborhood Commercial Cluster District) to NC-2 (Small Scale Neighborhood Commercial District); and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
051820 [Settlement of proceeding before the California Public Utilities Commission regarding the December 2003 fire at PG&E's Mission Substation and the subsequent outage]
Ordinance authorizing settlement of the proceeding before the California Public Utilities Commission, Investigation 05-03-011, to determine whether PG&E should be found in violation of state law and fined in connection with the December 2003 fire at the Mission Substation and the subsequent outage affecting 100,000 customers in San Francisco. Supervisors McGoldrick, Maxwell presented. RECEIVED AND ASSIGNED to Rules Committee.
051821 [Reenacting a Disadvantaged Business Enterprise Program]
Emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. Supervisor Ma presented. ASSIGNED to Board of Supervisors.
051822 [Residential Housing Purchaser Protection Ordinance]
Draft ordinance amending Administrative Code Section 3710A(h) to require property owners and realtors to disclose to prospective buyers of residential property consisting of two or more units the legal ground(s) for the termination of tenancy and whether any units were occupied by elderly and or disabled tenants at the time of termination of tenancy. Supervisor Daly presented. RECEIVED AND ASSIGNED to Land Use Committee.
051827 [Exempting pushcart peddlers with BART permits at 16th and 24th Street Stations from Police permit requirements]
Ordinance amending Article 17.3 of the Police Code by amending Section 1330 to define BART; adding Section 1330.2 to exempt pushcarts who obtain permits from BART for the 16th St. and 24th St. BART stations or adjacent plaza from obtaining a police permit; amending Section 1330.5 to require the Health Department Director to make a recommendation to BART within 30 days after the filing of such application with BART; amending Section 1330.14 to require the Health Department Director to forward the Certificate of Sanitation decal number assigned to each pushcart under the jurisdiction of BART to BART; and by renumbering Sections 1330.2 through 1330.6. Supervisor Ammiano presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

Resolutions

051823 [Multifamily Housing Revenue Bonds - Alabama Street Family/Senior Housing]
Resolution declaring the intent of the City and County of San Francisco (the “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing (the “Director”) to submit an application and related documents to the California Debt Limit Allocations Committee (“CDLAC”) to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $33,000,000 for Alabama Street Family/Senior Housing; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $33,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests this item be heard at the November 17, 2005 meeting.
051828 [Extension of Arts Task Force through January 31, 2006]
Resolution extending the operations of the Arts Task Force through January 31, 2006. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051830 [International Education Week]
Resolution declaring the week of November 14-18, 2005 as “International Education Week” in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051831 [Accept and Expend Grant - Sheriff's Department program providing employment and education services for young offenders in the county jail and after their release]
Resolution authorizing the Sheriff's Department to accept and expend a grant in the amount of $311,603 from the Substance Abuse & Mental Health Services Administration for providing jail diversion opportunities involving integrated mental health and substance abuse treatment for incarcerated women. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051832 [Designating November 13, 2005 as Sisters of the Presentation Day]
Resolution designating November 13, 2005 as Sisters of the Presentation Day. Supervisor McGoldrick presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051833 [Commending Hayes Valley Community Partners]
Resolution commending the Hayes Valley Community Partners for organizing four neighborhood Halloween celebrations. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051834 [Urging Governor Schwarzenegger to grant Stanley Tookie Williams' request for clemency]
Resolution urging Governor Schwarzenegger to grant Stanley Tookie Williams’ request for clemency and to support AB-1121, the “California Moratorium on Executions Act.” Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
051835 [Accept-expend State Grant Funds available under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002]
Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a local assistance grant in the amount of $1,049,000 available under the Urban Park Act of 2001 Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the development of the South of Market Area Park. Mayor, Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearing

051824 [City of San Francisco Overall Emergency Shelter System Resources]
Hearing on the City of San Francisco Overall Emergency Shelter System Resources and their Usage by Homeless Residents. The purpose of this hearing will be: (1) To explore how the number of shelter beds have fluctuated over the past 10 years and how such fluctuations have impacted existing homeless populations such as immigrants, senior citizens, people with disabilities and families; (2) What is the list of closures and openings of shelter sites and corresponding number of beds over the past ten years; (3) With many shelter sites facing problems with rent increases and substandard buildings, what is the outlook for emergency shelters and beds for the next two years; (4) What is the impact of Care Not Cash on the use and availability of shelter beds; (5) How has reserving shelter beds for CAAP recipients impacting non CAAP homeless residents; (6) How are different populations, such as immigrant, senior citizens, people with disabilities and families, within the homeless community impacted by Care Not Cash policies. Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
051825 [Health Management Associates Report]
Hearing to discuss the recent Health Management Associates report on the effectiveness of the Department of Public Health in providing a continuum of acute and long term health care services. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
051826 [Long-term healthcare infrastructure and acute care needs in San Francisco]
Hearing to examine the long-term healthcare infrastructure and acute care needs in San Francisco. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
051836 [Hearing - Emergency ordinance reenacting a Disadvantaged Business Enterprise Program]
Hearing to consider the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. (Clerk of the Board) . ASSIGNED to Board of Supervisors. Board to sit as a Committee of the Whole on November 15, 2005, at 4:00 p.m.

Motions

051817 [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.
051829 [Emergency Disadvantaged Business Enterprise Program - November 15, 2005 - 4 p.m. Committee of the Whole]
Motion for the Board of Supervisors to convene as a committee of the whole on November 15, 2005, at 4:00 p.m. to accept public testimony concerning the possible adoption of an emergency ordinance reenacting a Disadvantaged Business Enterprise Program set forth in Chapter 14A of the San Francisco Administrative Code; suspending Chapter 12D.A; providing for data collection to ensure nondiscrimination in City contracting; and adopting a declaration of emergency. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

051745 [Settlement of Lawsuit - Dazell Mallory]
Ordinance authorizing settlement of the lawsuit filed by plaintiff Dazell Mallory against the City and County of San Francisco for payment of $53,150, including all damages, attorneys’ fees and costs; the lawsuit was filed on February 24, 2005, in San Francisco Superior Court, Case No. 438-930, entitled Dazell Mallory v. San Francisco Public Library, the City and County of San Francisco, and Does 1-100. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.
051811 [Settlement of Lawsuit - Lucia Wong]
Ordinance authorizing settlement of the lawsuit filed by Lucia Wong against the City and County of San Francisco for $440,000; the lawsuit was filed on May 5, 2004 in San Francisco Superior Court, Case No. 431-126 and waiver of San Francisco General Hospital lien. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

051805 [STOP and YIELD Intersections]
Resolution designating certain intersections as "STOP" or "YIELD" intersections.

STOP SIGNS - ESTABLISH
19th Street and Rhode Island Street, stopping 19th Street at Rhode Island Street, making this uncontrolled T-intersection a One-Way STOP.
Leese Street and Richland Avenue, stopping Richard Avenue at Lesse Street, making this an All-Way STOP.
28th Avenue and Lake Street, stopping the northern intersection of 28th Avenue at Lake Street, making this intersection an All-Way STOP.

YIELD SIGN – ESTABLISH
San Bruno Avenue, southbound, merging onto Bayshore Boulevard, south of Arleta Avenue. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051806 [Parking Regulations]
Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "J" (2-HOUR TIME LIMIT, 8 AM - 5 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Hillway Avenue, east side, from Carl Street to the north property line of #40 Hillway Avenue.

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Hillway Avenue, east side, between Carl Street and Parnassus Avenue.

PARKING METERS, 1-HR. TIME LIMIT - RESCIND
PARKING METERS, 2-HR. TIME LIMIT - ESTABLISH
20th Avenue, parking lot on west side, between Irving Street and Lincoln Way. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051807 [Traffic Regulations]
Resolution enacting and rescinding traffic regulations on various streets.

NO TURN ON RED - ESTABLISH
Franklin Street, northbound, at Fell Street. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
051810 [Lease of Real Property at 1390 Market Street]
Resolution authorizing the renewal and expansion of a lease at 1390 Market Street for the Department of Children, Youth and their Families. (Real Estate Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.


Clerk to Act – November 1, 2005

Requests Granted

From: Supervisor McGoldrick
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to prepare legislation establishing a biodiesel access taskforce to improve access to biodiesel in San Francisco and to create incentives to establish a biodiesel fueling infrastructure.

Text: See suggested language attached.

From: Supervisor Sandoval
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft a Charter Amendment to prohibit severance packages for City employees.

From: Supervisor Ma
To: Director, Planning Department

Requesting/Inquiring: Requesting the Planning Department to report on their procedures for reviewing on-site parking requirements of businesses.

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 from the electric box and lamp post at the northeast intersection of Oak Street and Steiner Street.

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

Requesting/Inquiring: Supervisor Mirkarimi requests that the Department of Parking and Traffic report on the status of removing graffiti from street signs at the intersection of Oak Street and Baker.

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

Requesting/Inquiring: Supervisor Mirkarimi requests that the Department of Public Works report on the status of removing graffiti from the:

  • Parking meters on the north and south sides of Haight Street between Masonic Avenue and Stanyan Street.
  • Public garbage cans at the corners of Haight and Ashbury.
  • Public garbage cans on Haight Street between Masonic Avenue and Central.
  • Public garbage can on the Northeast corner of Cole Street and Carl Street.
  • Phone booth on Southwest corner of Haight and Masonic.
  • Green Utility Box at the intersection of Kezar and Lincoln.

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

Requesting/Inquiring: Supervisor Mirkarimi requests that the Department of Parking and Traffic report on the status of removing graffiti from the:

  • Street signs regarding parking the northwest and southwest corners of Clayton Street and Carl Street.
  • Street signs regarding parking on Clayton Street between Frederick and Waller Street.
  • Stop sign on the Northeast corner of Haight Street and Clayton Street.
  • Handicap Parking sign on the Southeast corner of Haight Street and Clayton Street.

From: Supervisors McGoldrick and Peskin
To: City Attorney

Requesting/Inquiring: Supervisors McGoldrick and Peskin requests the City Attorney to prepare legislation that incorporates 16ft. elevator penthouses into 40ft. height districts under two conditions: (1) where there is no other option but to use roof top areas to fulfill the open space requirement of floor heights automatically at a maximum of 9ft. rather than 10ft., and (2) to allow excavations of up to 2 ft. in order to enter into the ground level and to fulfill other requirements.

In Memoriams

David Gong – Supervisors Peskin and Maxwell
Giles Leong – Supervisor Peskin
Jane Weirick – Supervisor Mirkarimi
Barry Nielsen – Supervisors Dufty and Ammiano
Grimes Poznikov – Supervisor Ammiano

Last updated: 9/9/2014 12:05:25 PM