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City and County of San Francisco

March 04, 2008

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
March 4, 2008

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

080319 [General Plan Amendments for Assessors Block 857 and portions of Assessors Block 870 bound by Laguna, Haight, Buchanan and Hermann Streets]
Ordinance amending the Market and Octavia Area Plan of the San Francisco General Plan to (1) reclassify the Use District on Block 857 from Public to Moderate Density Residential and reclassify the Use District on Block 870, Lots 1, 2 and the northern portion of Lot 3 from Public to Moderate Density Neighborhood Commercial; (2) amending the Market and Octavia Area Plan of the San Francisco General Plan to reclassify the Height District for Block 857, Lot 1A from 40 feet to 50 feet and to reclassify the Height District for Block 870, Lots and 1 and 2 from 80 feet to 85 feet and Block 870, Lot 3 from 40 feet to 50 feet; (3) amending the Generalized Residential Land Use Plan of the 1990 Residence Element, the 2004 Housing Element, and of the Land Use Index to reclassify the generalized land use of Block 857 from Public/Open Space to Residential and of Block 870 from Public/Open Space to Mixed Use, predominantly Commercial/Industrial; (4) amending the Residential Density Plan of the 1990 Residence Element, the 2004 Housing Element, and of the Land Use Index to reclassify the residential density of Blocks 857 and 870 from Public and Heavy Industrial Areas to Moderately High Density; (5) adopting findings pursuant to the California Environmental Quality Act; and (6) adopting findings that the General Plan amendments are consistent with the eight priority policies of Planning Code Section 101.1. Supervisors Mirkarimi, Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

080320 [Enacting a fee on fast food businesses, convenience markets and gasoline station markets to defray the cost of litter and trash clean-up resulting from their operation]
Draft Ordinance amending the San Francisco Business and Taxation Code by adding Sections 2300 to 2310 to enact a fee on fast food businesses, convenience markets and gasoline station markets to defray the cost of litter and trash clean-up resulting from their operation. Supervisor Sandoval presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

080321 [Promoter permits]
Ordinance adding Article 15.7 to the San Francisco Police Code, requiring promoters to obtain promoter permits in order to promote events within the City and County of San Francisco. Mayor, Supervisor Maxwell presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

080322 [Prohibition on loitering outside nightclubs]
Ordinance amending the San Francisco Police Code by adding Section 121, to prohibit loitering outside nightclubs. Mayor, Supervisor Maxwell presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

080323 [Entertainment Commission - Place of Entertainment Permits]
Ordinance amending the San Francisco Police Code Sections 1060, 1060.1, 1060.2, 1060.3, 1060.5, 1060.20, 1060.23, 1060.24, 1060.25 and 1060.29; repealing Section 1060.22; adding Sections 1060.23-1, 1060.30 and 1060.31, relating to the application, approval, amendment, suspension, revocation, and transfer of Place of Entertainment Permits and One Night Event Permits, including changes in penalties for violations of law, and amending the San Francisco Business and Tax Regulations Code by amending Section 8 to provide an additional category of permit suspension and revocation actions that are not suspended pending a decision by the Board of Appeal. Mayor, Supervisor Maxwell presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

080324 [Entertainment Commission - Extended-Hours Premises Permits]
Ordinance amending the San Francisco Police Code Sections 1070, 1070.1, 1070.2, 1070.3, 1070.5, 1070.7, 1070.8, 1070.13, 1070.15, 1070.16, 1070.17, 1070.19, 1070.20, 1070.22, 1070.23, 1070.24, and 1070.27; amending Section 1070.20-1 and renumbering it as Section 1070.20-2; repealing Sections 1070.12, 1070.21, and 1070.26; and adding a new Section 1070.20-1 and Sections 1070.28 and 1070.29, relating to the application, approval, amendment, suspension, revocation, and transfer of Extended-Hours Premises Permits, including changes in penalties for violations of law. Mayor, Supervisor Maxwell presented.ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

071001 [Zoning Map Amendments Associated with the Laguna, Haight, Buchanan and Hermann Streets Special Use District]
Ordinance amending Section Maps 7, 7H and 7SU of the Zoning Map of the City and County of San Francisco for the property described as Assessor's Blocks 857 and portions of Assessor's Block 870, bounded by Laguna, Buchanan, Haight and Hermann Streets, from P (Public) to either NC-3 (Moderate-Scale Neighborhood Commercial District) or RM-3 (Residential, Mixed Districts, Medium Density) and mapping the Laguna, Haight, Buchanan and Hermann Streets Special Use District; adopting findings, including findings under the California Environmental Quality Act. Supervisor Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comments. 10/2/07, Board adopted extension of 6 months for review by Planning Commission; see File 071380. RESPONSE RECEIVED. Planning Department Executive Summary; Planning Commission Resoution 17536. SUBSTITUTED. Supervisor Ammiano submitted a substitute ordinance bearing the same title. ASSIGNED to Land Use and Economic Development Committee.

071002 [Laguna, Haight, Buchanan and Hermann Streets Special Use District]
Ordinance approving the Laguna, Haight, Buchanan, and Hermann Streets Special Use District (SUD) by amending the San Francisco Planning Code by adding Section 249.32 to create a new SUD bounded by Laguna, Haight, Buchanan and Hermann Streets (Assessor's Blocks 857 and portions of Assessor's Block 870) to permit a mixed-use project at the former UC Berkeley Extension property; and adopting findings, including findings under the California Environmental Quality Act. Supervisors Mirkarimi, Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comments. 10/2/07, Board adopted extension of 6 months for review by Planning Commission; see File 071380. RESPONSE RECEIVED. Planning Department Executive Summary; Planning Commission Resolution , 17535. SUBSTITUTED. Supervisor Mirkarimi submitted a substittute ordinance bearing the same title. ASSIGNED to Land Use and Economic Development Committee.

Resolutions

080313 [Grant to support the National HIV Behavioral Surveillance project]
Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a new grant from the Centers for Disease Control (CDC) in the amount of $418,225 to support the "National HIV Behavioral Surveillance" project, and to enter into a subcontract with the Public Health Foundation Enterprises (PHFE) in the amount of $53,723; for the period of January 1, 2008 through December 31, 2008. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080314 [Grant funds to support HIV vaccine trials - $156,895]
Resolution authorizing the San Francisco Department of Public Health (DPH) to enter retroactively into an agreement and to accept and expend funds in the amount of $156,895, with the Fred Hutchinson Cancer Research Center (FHCRC), the primary contractor, to support the San Francisco HIV Vaccine Trials Network (VTN) Leadership Group/Public Health Foundation Enterprises (PHFE); for the period of June 1, 2007 through May 31, 2008. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080315 [Grant funds to support HIV vaccine trials - $126,989]
Resolution authorizing the San Francisco Department of Public Health (DPH) to enter retroactively into an agreement and to accept and expend funds in the amount of $126,989, with the Fred Hutchinson Cancer Research Center (FHCRC), the primary contractor, to support the San Francisco HIV Vaccine Trial Network 40% Transition Costs; for the period of June 1, 2007 through December 31, 2007. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080316 [Accept and Expend Regional Grant - Department of the Environment]
Resolution authorizing the Department of the Environment (SF Environment) to accept and expend grant funds, in the amount of $157,500 from the Bay Area Air Quality Management District (BAAQMD) to assist taxi companies with grant funding to help them offset the incremental costs associated with the purchase of 75 light-duty clean air vehicle taxis. Supervisor Chu presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080317 [Accept and Expend CEC PIER Grant Funds]
Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a California Energy Commission (CEC) Public Interest Energy Research (PIER) Grant in the amount of $995,791. Supervisor Chu presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080318 [Mortgage Revenue Bonds]
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 $38,000,000 for Geary Boulevard Senior Living and Health Center; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $190,000 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 $38,000,000; 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 McGoldrick presented.RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

080325 [Contract between the Department of Health and the California Department of Health Care Services for the Health Care Coverage Initiative in the amount of $73.1 million over a three-year period in support of the Healthy San Francisco program]
Resolution authorizing the Director of Health to enter into a contract with the California Department of Health Care Services to provide reimbursement for health services costs incurred in providing services to specified Healthy San Francisco participants under the Health Care Coverage Initiative in the amount of $73.1 million. Mayor presented.RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

080327 [Funds to support HIV research activities]
Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $7,167 from University of California, San Francisco, Center for AIDS Research (CFAR); for the period of September 1, 2007 through August 31, 2008. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080328 [Urging the Department of Parking and Traffic to install STOP signs at the intersection of 24th Street and Hoffman Avenue]
Resolution urging the Department of Parking and Traffic to install STOP signs at the intersection of 24th Street and Hoffman Avenue. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080329 [Declaration of Election Results - February 5, 2008]
Resolution declaring the results of the February 5, 2008 Consolidated Presidential Primary Election. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080330 [Approval of a 30 day extension for Planning Commission review - Types of Entertainment]
Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance amending Sections 102.17, 790.38, and 890.37 of the San Francisco Planning Code to define three types of entertainment use based upon size; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1, and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080331 [Approval of a 30 day extension for Planning Commission review - 690 Market Street]
Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed Resolution that would initiate the designation of 690 Market Street, the Chronicle Building, Lot 6 in Assessor's Block 311, as a landmark pursuant to Section 1004.1 of the Planning Code and urging expedited consideration of the building's landmark status and a Mills Act contract associated with the building's rehabilitation and restoration. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

080305 [San Francisco's Declining African American Population]
Hearing to address San Francisco's declining African American population. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee. Sponsor requests that the item be heard in Rules Committee.

080306 [Controller's Six month Budget Status Report for Fiscal Year 2007/08]
Hearing on the Controller's Six month Budget Status Report for Fiscal Year 2007/08. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080307 [Controller's Fiscal Year 2007/08 Biannual Overtime Report]
Hearing on the Controller's Fiscal Year 2007/08 Biannual Overtime Report. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080308 [Status of city fees and charges]
Hearing on the status of city fees and charges. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080309 [Fiscal Year 2007/08 Mid-Year Budget Cuts]
Hearing on the Fiscal Year 2007/08 Mid-Year Budget Cuts Announced by the Mayor. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080310 [Budget requests and performance measures for various City Departments]
Hearing(s) on the current status of Fiscal Year 2007/08 expenditures, Fiscal Year 2008/09 budget requests and performance measures for the following departments: Municipal Transportation Agency, Police Department, Department of Public Works, Fire Department, Sheriff Department, San Francisco International Airport, Department of Public Health, Department of Telecommunications and Information Services, Human Services Agency, Public Utilities Commission, and Recreation and Park Department. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080311 [Eradicate the invasive light brown apple moth]
Hearing to discuss the California Department of Food and Agriculture's plan to spray San Francisco with pesticides to eradicate the invasive light brown apple moth. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

080312 [Presence of limousines in Hotel taxi stands and other white zones]
Hearing with the Police Department, Department of Parking and Traffic, Taxi Commission and the California Public Utilities Commission to discuss the presence of limousines in Hotel taxi stands and other white zones. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Motion

080326 [Confirmation of Controller]
Motion confirming appointment of Ben Rosenfield as Controller. Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.


PROPOSED RESOLUTIONS

PROPOSED ORDINANCES

Clerk to Act – March 4, 2008

Requests Granted

From: Supervisor Mirkarimi
To: Director, Municipal Transportation Agency

Requesting/Inquiring: Requesting that the Municipal Transportation Agency to report on the feasibility of installing MUNI bush shelters with seats at the Sutter Street and Buchanan Street bus stops. There are a large number of senior residential buildings in this area and they have expressed a need for the shelters.

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 the traffic light at Masonic and Anza Vista changed such that is allows an extra 2 or 3 seconds for cars turning East off of Masonic on to Anza Vista.

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

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

Light Boxes

  • Southeast corner of Funston and Lincoln
  • Southwest corner of 6th Avenue and Lincoln

Phone Switch Boxes

  • Northeast corner of 12th Avenue and Judah
  • Southwest corner of 14th Avenue and Lincoln
  • Northeast corner of Cole and Alma
  • Northeast corner of Octavia and Page

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

Requesting/Inquiring: Requests that the Department of Public Works report on the status of removing graffiti from newsstands at the following locations:

Advertiser

  • Northwest corner 9th Avenue and Kirkham
  • Southeast corner of Lincoln and 9th Avenue

San Francisco Bay Guardian:

  • Southeast corner of Lincoln and 9th Avenue

San Francisco Chronicle:

  • Southeast corner of Lincoln and 9th Avenue

Examiner:

  • Southeast corner of Lincoln and 9th Avenue

Common Ground:

  • Northwest corner of Hayes and Gough

Onion:

  • Southeast corner of Lincoln and 9th Avenue

SF Weekly:

  • Southeast corner of Lincoln and 9th Avenue

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

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

  • 500 Kirham
  • 1408 8th Avenue
  • 1200 15th Avenue
  • 1205 15th Avenue
  • 653 Irving
  • 701 Irving
  • 814 Irving
  • 910 Irving
  • 1033 Irving
  • 715 Lincoln
  • 723 Lincoln

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

Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from utility poles at the following locations:

Metal

  • Numerous Poles on Judah between 12th Avenue and 19th Avenue
  • Southeast corner of 19th Avenue and Lincoln plus Metal box on pole
  • Northwest corner of 6th Avenue and Lincoln
  • Southwest corner of 8th Avenue and Irving
  • Southeast corner of 14th Avenue and Irving
  • 300 Irving
  • 238 Carl
  • 300 Carl

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 graffiti from mailboxes and garbage cans at the following locations:

Mailboxes

  • Southwest corner of 16th Avenue and Lincoln
  • Southeast corner of 8th Avenue and Judah
  • Northeast corner of 11th Avenue and Judah
  • Southeast corner of 11th Avenue and Lincoln
  • Southeast corner of 10th Avenue and Lincoln
  • Northwest corner of Octavia and Haight
  • Northwest corner of Octavia and Page
  • Northwest corner of Hayes and Octavia

Garbage Cans:

  • Southwest corner of Funston and Lincoln

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

Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from the public property located at the following locations:

Emergency Call Boxes:

  • Southeast corner of Cole and 17th Avenue
  • Southeast corner of Funston and Lincoln
  • Southeast corner of 5th Avenue and Lincoln

Clear Channel Billboards:

  • Northwest corner of 7th Avenue and Irving (no permit number listed)
  • Southeast corner of 11th Avenue and Irving (#03740)

Phone Booth:

  • Southeast corner of 8th Avenue and Judah

Across from 1145 Hayes Street on the Alamo Park side of the street

From: Supervisor Sandoval
To: City Attorney

Requesting/Inquiring: Requesting that the City Attorney issue an opinion on steps the City may take to prevent the California Department of Food and Agriculture from spraying pesticides to eradicate the light brown apple moth in San Francisco.

From: Supervisor Ammiano
To: Director, Department of Building Inspections
Requesting/Inquiring:
To Isam Hasenin,

Back in January, my office inquired about some complaints being made by neighbors of 3224-3226 26th Street (at Horace Alley) in the Mission District. The City Attorney's Office had also been receiving emails and letters, complaining of an absurdly overcrowded building that was supposed to be 2 units, but was housing upwards of 40 people. The City Attorney had conducted a Code Enforcement Task Force Inspection on February 22, 2007 and observed people living in illegally built attic units, people living in subdivided apartments, and people living in the basement rooms which were not fit for human habitation. Also observed was an enormous amount of garbage and piles of debris.

Months and months passed after inspection, and we continued to get the complaints from the public, wondering why after the City's inspection, things hadn't improved. And indeed, according to DBI records, things were not improving. Notices of violation were issued April 2, 2007 (work without permits in attic and basement, standing water, refuse accumulation, bars obstructing emergency egress, no smoke detectors, no heat, sanitation, variety of housing code violations) November 27, 2007 (no heat and no hot water), December 19, 2007 (rodents, leaking ceiling, sanitation), an Emergency Order (signed by the Director) was issued December 20, 2007 (lack of gas and water service due to nonpayment), and another NOV on January 31, 2008 (for illegal construction).

As I understand it, the City is now paying the water and gas bills to keep those services on for the tenants because the owners have refused or failed to restore those services. In addition, it is rumored that he property may be headed for foreclosure, and the owners may walk away from it, leaving a building full of tenants, and the City with the utility bills.

Code enforcement between DBI and CAO has historically worked extremely well in cases like this. The City Attorney's Office typically gets court orders requiring immediate abatement, and an award of civil penalties and attorneys fees to ensure the City is properly compensated and the owner deterred from doing this again in the future. It is incomprehensible that this case was not referred to the City Attorney's Office ages ago for litigation to address these issues. If it had, the City might have been able to get court orders against the owners. Now, even if the case is referred to the City Attorney's Office, it is unclear how much they would be able to accomplish in the short run because so much time has passed. Furthermore, by not referring the case sooner, DBI's inexplicable delay only undermines the City's legal case by implying that the conditions aren't as bad as they seem.

Why is DBI not working with the City Attorney on this case, and why has DBI stopped referring cases to the City Attorney for code enforcement violations?

In Memoriams

Maria Martinez – Supervisors Chu, Sandoval, McGoldrick, Mirkarimi
Tommy Toy – Supervisor Chu
Maria Lisa Pizzoli Gilvin – Supervisor Dufty
Enid Ng Lim – Supervisor Peskin
Michael Weller – Supervisor Peskin
Barbara Suczek – Supervisor Peskin
Linda Bien – Supervisor Peskin
Sister Bernadette Giles – Supervisor McGoldrick
Elmer Johnson – Supervisor Alioto-Pier



Last updated: 9/10/2014 2:35:30 PM