City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
May 20, 2008
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordinances
| 080685 |
[Amending Ordinance 174-07 to Remove Funding Reserve for the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008] |
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Ordinance amending the Annual Appropriation Ordinance, Ordinance 174-07 File Number 070773, to remove the $500,000 reserve on the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Pending approval of the motion to call from committee pursuant to Rule 5.32. |
| 080686 |
[Landmark Tree Designation of Monterey Cypress at 2626 Vallejo Street] |
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Ordinance designating the Monterey Cypress at 2626 Vallejo Street (Assessor's Block 0953, Lot 006) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 080687 |
[Landmark Designation of Manzanita at 115 Parker Avenue] |
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Ordinance designating the Manzanita at 115 Parker Street (Assessor's Block 1064, Lot 002) as a landmark notwithstanding the provisions contained in the Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark designation. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 080690 |
[Authorizing the Health Commission to perform and award contracts for public work and related professional services] |
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Ordinance amending San Francisco Administrative Code Chapter 6, Section 6.2, to add the Health Commission and the Department of Public Health to the list of those commissions and departments authorized to perform and award contracts for public work and related professional services. Supervisor Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. |
| 080691 |
[Zoning - HOPE SF Hunters View SUD and the 40/65-X Height and Bulk District] |
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Ordinance amending the San Francisco Planning Code by adding Section 263.20 to establish special exceptions for heights within the HOPE SF Hunters View Special Use District and the 40/65-X Height and Bulk District, allowing residential buildings with conditional use authorization pursuant to Planning Code Sections 303 and 304 to have a maximum height of 65 feet; adopting environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 080692 |
[Zoning - HOPE SF Hunters View Special Use District] |
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Ordinance amending the San Francisco Planning Code by adding Section 249.39 to establish the HOPE SF Hunters View Special Use District, allowing the subdivision or portions of the site as individual lots to exceed the density of the underlying zoning district and allowing uses that are either principally or conditionally permitted within NC-1 districts to be principally permitted within the special use district; adopting environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 080693 |
[Zoning Map Amendments - HOPE SF Hunters View] |
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Ordinance amending the Zoning Maps of the City and County of San Francisco, Sheet HT10, to change the Height and bulk Designation of Assessor's Block 4624, Lots 3, 4 and 9 and Block 4720, Lot 27 from 40-X to 40/65-X, Sheet ZN10, to change the Zoning Use Districts of Block 4720, Lot 27 from RH-2, NC-2 and M-1 to RM-1, and Sheet SU10, to designate Assessor's Block 4624, Lots 3, 4 and 9 and Block 4720, Lot 27 with the HOPE SF Hunters View Special Use District; adopting environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 080696 |
[Zoning - New Controls for the North Beach Neighborhood Commercial District, to protect neighborhood-serving small businesses and Preserve Basic Neighborhood Services] |
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Draft Ordinance amending the San Francisco Planning Code by amending Section 722.1 and the Zoning Control Table in Section 722 to protect neighborhood-serving small businesses in the North Beach Neighborhood Commercial District by prohibiting the establishment of new bars and restaurants in locations that have been occupied by Basic Neighborhood Services; to protect North Beach Specialty Take Out uses, such as traditional North Beach bakeries, delicatessens, gelato and ice cream stores, as defined; to prohibit the establishment of new ground-story Limited Financial and Business and Professional uses; to prohibit new automated bank teller machines (ATMs); to allow restaurants to obtain liquor licenses if they operate as a bona-fide eating places, as defined; and adding a new Section 790.142, to define bona-fide eating place; amending the definition of Basic Neighborhood Services in Section 790.68; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 080697 |
[Unrepresented Employees] |
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Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensations are subject to the provisions of Section A8.409 of the Charter, in job codes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2008. Mayor presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
Resolutions
| 080681 |
[Proclaiming May 22, 2008 as John Muir School Teacher Appreciation Day] |
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Resolution proclaiming May 22, 2008 as John Muir Elementary School Teacher Appreciation Day in honor of John Muir Elementary School's principal, teachers, and staff. Supervisor Mirkarimi presented. ADOPTED. |
| 080688 |
[Helping Hands for Animals program Policy welcoming attorneys to volunteer with the District Attorneys Office to help prosecute animal cruelty cases] |
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Resolution approving the Helping Hands for Animals Program which would welcome private attorneys to aid in the prosecution against animal cruelty as volunteer attorneys under the District Attorneys Office of San Francisco County. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 080689 |
[Presidio and City and County of San Francisco Transportation Work Group] |
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Resolution establishing the Presidio and City and County of San Francisco Transportation Work Group. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 080695 |
[Disposition and Development Agreement - Redevelopment Agency Owned Land for 4800 Third Street] |
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Resolution approving the Redevelopment Agency of the City and County of San Francisco's Disposition and Development Agreement (the Agreement ) for a portion of Assessor's Block 5322, Lot 45 commonly known as 4800 Third St Street, to Green Blended Communities, L.L.C., for the purpose of developing affordable for-sale housing for lower income households. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Board of Supervisors. |
| 080701 |
[Proclamation for Peace and Dignity Day on July 7, 2008 in San Francisco] |
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Proclamation of the City and County of San Francisco to declare July 7, 2008 as Peace and Dignity Day. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 080702 |
[CalHome Application] |
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Resolution authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the CalHome Program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the CalHome Program. Supervisor Chu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 080703 |
[Approval of an extension for Planning Commission review - Residential Inclusionary Affordable Housing Program] |
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Resolution extending the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend the Residential lnclusionary Affordable Housing Program of the Planning Code of the City and County of San Francisco to a date within 45-days of the completion of the environmental review, including any required hearings. The proposed Ordinance would specifically Ordinance amending the Residential lnclusionary Affordable Housing Program, including Planning Code Section 315.9 to allow for density bonuses to project applicants who develop on-site, affordable family-sized units as defined herein as part of their inclusionary housing requirements; and the addition of Planning Code Section 315.10 regarding severability and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 080704 |
[90 day extension for Planning Commission review - Mission/Bernal Formula Restricted Use Subdistrict] |
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Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance amending the San Francisco Planning Code by adding Section 785 to establish the Mission/Bernal Formula Retail Restricted Use Subdistrict and to amend Section 703.3 to prohibit formula retail uses in the Mission/Bernal Formula Retail Restricted Use Subdistrict; amending Sectional Maps SU 07 and SU 11 of the Zoning Map of the City and County of San Francisco to establish the boundaries of the Mission/Bernal Formula Retail Restricted Use Subdistrict; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 080705 |
[60 day extension for Planning Commission review - The Metro Theatre] |
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Resolution extending by 60 days the prescribed time within which the Planning Commission may render its decision on a proposed Resolution that would initiate the designation of The Metro Theatre, 2055 Union Street, Lot 018 in Assessor's Block 0541, as a landmark pursuant to Section 1004.1 of the Planning Code. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 080484 |
[Sublease of Real Property at 555 Polk Street] |
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Resolution authorizing the sublease of 9,000 square feet of office space in the building located at 555 Polk Street for the Community Justice Center through the Department of Public Health. Mayor presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. TRANSFERRED to Budget and Finance Committee. CONTINUED TO CALL OF THE CHAIR. Heard in Committee: Speakers: Ron Albers, Commissioner, Superior Court Commission; Barbara Garcia, Deputy Director, Public Health; Mike Hennessey, Sheriff; Amy Brown, Director of Real Estate; female speaker; Paul Henderson, District Attorney's Office; Peg Stevenson, Controller's Office; Reverend Williams; Mr. Scittles; Ginger Martin; John Videl; Darren Gills, Adult Probation Officer; Nani Coloretti, Mayor's Budget Director; Judge Herald Kahn, Superior Court; Capt. Harris Amines, Police Dept; Supervisor Dufty; Officer Gary Peachey; Police Dept; Lisa Lightman, Collaborative Court Programs, Superior Courts; Craig Bran, Public Health; Harvey Rose, Budget Analyst; Star Terrrall; Brother Y; Bruce Allison; Christopher Dopenhop; Michael Lyon; Theadore Maze; Mr. Mazinak; male speaker; Larry Haynes; Steven Eastman; Paul Bowden; TJ Walk; Rob Black; male speaker; Terrance Allen; female speaker; Ms. Moss; Jazman; Carl Start; Steve Paul; Mr. Jarvis; Joblin Roe; Richard Nolty; male speaker; male speaker; Mark |
Motions
| 080676 |
[Closed Session - Conference with City's Labor Negotiators] |
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Motion that the Budget and Finance Committee convene in closed session with the City's Labor Relations Negotiators and the Director of Human Resources, for the purpose of reviewing the City's positions in pending labor negotiations with organizations representing City employees. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 080683 |
[Call from committee and committee of the whole, Community Justice Center funding] |
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Motion calling from committee file number 080685, an ordinance removing reserve funding for a Community Justice Center; motion to sit as committee of the whole June 10, 2008. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Pursuant to Rule 5.32, Supervisor Dufty called this measure from Budget and Finance Committee. |
| 080698 |
[Confirming the reappointment of Ann Blumlein Lazarus to the San Francisco Port Commission] |
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Motion confirming the reappointment of Ann Blumlein Lazarus to the San Francisco Port Commission for a four-year term ending May 1, 2012. Mayor presented. RECEIVED AND ASSIGNED to Rules Committee. |
| 080706 |
[Appointment, Board of Appeals - Kendall Goh] |
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Motion approving Board of Supervisors President Peskin's appointment of Kendall Goh to the Board of Appeals for the term ending July 1, 2008, and the term ending July 1, 2012. . RECEIVED AND ASSIGNED to Rules Committee. |
Hearings
| 080682 |
[Audit of the Recreation and Park Department's Cash Handling Practices] |
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Hearing request on the Budget Analyst's May 2008 report titled, "Audit of the Recreation and Park Department's Cash Handling Practices." Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 080684 |
[Hearing - Amending Ordinance 174-07 to Remove Funding Reserve for the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008.] |
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Hearing of persons interested in or objecting to proposed ordinance amending the Annual Appropriation Ordinance, Ordinance 174-07 File Number 070773, to remove the $500,000 reserve on the Community Justice Center in the Mayor's Office for Fiscal Year 2007-2008. Supervisor Dufty presented. SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on June 10, 2008. |
| 080694 |
[Hearing - Disposition and Development Agreement - Redevelopment Agency Owned Land for 4800 Third Street] |
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Hearing of persons interested in or objecting to proposed resolution approving the Redevelopment Agency of the City and County of San Francisco's Disposition and Development Agreement (the Agreement ) for a portion of Assessor's Block 5322, Lot 45 commonly known as 4800 Third St Street, to Green Blended Communities, L.L.C., for the purpose of developing affordable for-sale housing for lower income households. Supervisor Maxwell presented. SCHEDULED FOR PUBLIC HEARING. To Board as a Special Order on June 10, 2008 at 4:00 p.m. |
PROPOSED ORDINANCES
| 080628 |
[Settlement of Lawsuit - CCSF v. Competent Builders, Inc.] |
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Ordinance authorizing settlement of the lawsuit, entitled City and County of San Francisco v. Competent Builders, Inc., Alameda County Superior Court Case No: RG-05-229-274 (formerly San Francisco Superior Court Case No. CGC-04-437148). (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
| 080629 |
[Settlement of Lawsuit - Tamara Josi - $75,000] |
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Ordinance authorizing settlement of the lawsuit filed by Tamara Josi against the City and County of San Francisco for $75,000; the lawsuit was filed on May 9, 2007 in San Francisco Superior Court, Case No. 463219; entitled Tamara Josi, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
PROPOSED RESOLUTIONS
| 080589 |
[Agreement to Accept the Dolores Hotel Located at 35-37 Woodward Street] |
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Resolution approving and authorizing the execution and performance of an Agreement to Transfer and an Irrevocable Assignment and Assumption Agreement and Amendment to Loan Documents relating to the property commonly known as Dolores Hotel and located at 35-37 Woodward Street; adopting findings that the transfer is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department) . RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
Clerk to Act – May 20, 2008
Requests Granted
From: Supervisor Alioto-Pier
To: City Attorney
Requesting/Inquiring: Requesting that the City Attorney draft legislation declaring drug-free zones in our public parks. These drug-free park zones shall stiffen penalties for drug crimes committed within their boundaries to discourage drug dealing in our parks where our children play and our community recreates.
From: Supervisor Chu
To: City Attorney
Requesting/Inquiring: Requesting that the City Attorney draft legislation regulating sales of alcohol in malleable containers such as Pocket Shots alcohol in zones within 1000 feet of AT&T Park, Golden Gate Park, and schools in San Francisco.
From: Supervisor Ammiano
To: Immigration and Customs Enforcement
To: Chief, Police Department
To: Sheriff
To: District Attorney
Requesting/Inquiring: Recent news reports have indicated that, under the custody of Immigration and Customs Enforcement (ICE), thousands of people are crammed into over– crowded detention facilities awaiting deportation or a judicial hearing regarding deportation or other immigration issues. Many doctors, nurses, and detainees have reported that the Division of Immigration Health Services (DIHS) has neglected the serious health care needs of both the physically sick and mentally ill at multiple detention facilities. As a result, some detainees have either died of treatable illnesses, or have been forced to suffer the painful effects of their illnesses due to poor care, slow care, or no care. Recent reports also indicate that the U.S. government has injected hundreds of deportees with dangerous psychotropic drugs against their will to keep them sedated during the trip back to their home country, even in cases where people have no history of mental illness.
Currently, many San Francisco residents have been taken into ICE custody through federal immigration raids. Also, ICE has obtained custody of some San Francisco residents from the custody of local law enforcement as required by federal and state statutes.
Have any persons from San Francisco who were taken into ICE custody either (a) died in ICE custody of an otherwise treatable illness, or (b) been denied adequate access to health care while in ICE custody, or (c) been exposed to unsafe or unhealthy conditions while in ICE custody? Have any persons from San Francisco who were taken into custody by ICE been forced to take psychotropic drugs upon deportation?
From: Supervisor Dufty
To: Controller
Requesting/Inquiring: Requesting that the Controller consider the potential that a public-philanthropic partnership could create an incentive fund for HIV/AIDS organizations that might benefit from merging their operations.
Specifically, that incentive funding might encourage agencies to consider merging operations in order to improve the effective delivery of services and long-term cost efficiency. Might two agencies providing case management services consider merging if public-philanthropic incentive funds would be made available to technology investments significantly improving these services, for example.
The Controller's Office should also determine whether Bay Area and California Foundations might be interested in partnering with the City to establish such incentives and then invite organizations to apply and discuss how they could merge and improve their services for clients and work environments for staff. The Controller should consider possibly providing technical assistance to interested groups.
From: Supervisor Mirkarimi
To: City Attorney
Requesting/Inquiring: Requesting that the City Attorney collaborate with the relevant City Departments to prepare a memorandum detailing potential conditions and penalties that may be attached to future permits issued to organizations of the Bay to Breakers in order to alleviate the adverse conditions imposed upon host neighborhoods and the City.
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 following locations:
Phone Switch Boxes
Northeast corner of Oak and Webster
Southwest corner of Geary and Webster
Southeast corner of Fell and Fillmore
Southeast corner of Scott and Haight
City Trash Cans
Southwest corner of Buchanan and Hayes
546 Haight Street
Mailboxes
Post and Geary
Haight and Fillmore
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:
517 Laguna
451 Hayes
445 Hayes (was reported over 45 days ago)
497 Fulton
428 Grove
341 Webster
2215 Post
2401 Post
2025 O'Farrell
936 Scott
546 Haight
401 Haight
235 Buchanan
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 Boxes
Southwest corner of Pierce and Haight
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 newsstands at the following locations:
San Francisco Bay Guardian:
Southeast corner of Fillmore and Post
Southeast corner of Laguna and Page
9th Avenue and Judah (near bus stops)
7th Avenue and Irving (near bus stops)
Northwest corner of Fillmore and Geary
Southeast corner of Filmore and Haight
San Francisco Chronicle:
Southeast corner of Fillmore and Post
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore
Irving and 9th Avenue
Irving and 7th Avenue
Examiner:
Southeast corner of Fillmore and Post
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore
SF Daily:
Northwest corner of Hayes and Gough
City Star:
Northwest corner of Hayes and Gough
Southeast corner of Fillmore and Haight
SF Weekly:
Southeast corner of Masonic and Haight
Southeast corner of Haight and Fillmore
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:
Wood
In front of 424 Oak
Northwest corner of Oak and Buchanan
432 Buchanan
Southwest corner of Ivy and Gough
Northwest corner of Page and Webster
Metal
Northwest corner of Turk and Divisadero
Northeast corner of Scott and Oak
Southeast corner of McAllister and Scott
Southeast corner of Fell and Scott
Southwest corner of Lausant and Buchanan
In front of 739 Haight
Crosswalks and Stop Signs
Fillmore and Waller (crosswalk and stop signs)
Fillmore and Haight -southeast and southwest corners (stop signs)
Fire Hydrant
Southwest corner of Grove and Scott
Fire Box
Southwest corner of Pierce and Haight
In Memoriams:
Mario Montoya, Sr.– Supervisor Dufty
Ruby Tadich Suhr Lawler – Supervisor Dufty
Esther Friedman Sinclair – Supervisor Dufty
Bernice E. Ayala – Supervisors Dufty and Sandoval
Wayland Carr Fuller – Supervisor Maxwell
Robert York – Supervisor Ammiano