June 17, 2008

City and County of San Francisco

Legislation Introduced
Including All Off-Calendar Items
June 17, 2008

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

080827

[To increase rates of Real Property Transfer Tax for transfers in excess of $1 million]

Ordinance amending Section 1102 of Article 12-C of the Business and Tax Regulations Code to increase the Real Property Transfer Tax rate from 0.75% to 1% if value or consideration for transfer exceeds $1 million but is less than or equal to $1.25 million, to 1.25% if value or consideration for transfer exceeds $1.25 million but is less than or equal to $1.75 million, to 1.5% if value or consideration for transfer exceeds $1.75 million but is less than or equal to $2 million, and to 1.75% if value or consideration for transfer exceeds $2 million. Supervisor McGoldrick presented.ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee. SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title. ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee.

080872

[Planning - Union Street Neighborhood Commercial District - Full-Service Restaurants]

Ordinance amending Planning Code Sections 725.1 and 725.42 of the Union Street Neighborhood Commercial District to provide for a limited number of new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

080878	[Arrest and crime statistics for gang injunction safety zones]
	Ordinance adding Section 2A.89 to the Administrative Code to require statistical reporting regarding arrests and crimes in and around safety zones created by permanent civil gang junctions, and making related findings. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Public Safety Committee.

080879	[Clarifying and consolidating reporting requirements; requiring electronic filing]
	Ordinance amending sections 1.108, 1.112, 1.113, and 1.135 of the Campaign and Governmental Conduct Code, to clarify and consolidate campaign finance reporting requirements, and to expand electronic filing. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

080880	[Recreation and Park Department - Events]
	Ordinance making environmental findings and amending San Francisco Park Code, Article 12, Section 12.22 to amend the fees for use of the parks for events. Supervisor McGoldrick presented.ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

080881	[Recreation and Park Department - Athletic Field Fees]
	Ordinance making environmental findings and amending San Francisco Park Code, Article 12, Section 12.36 to amend the Athletic Field Fees. Supervisor McGoldrick presented.ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

080883

[Zoning - New Controls for the North Beach Neighborhood Commercial District, to Limit the Establishment of New Bars and Restaurants and Preserve Basic Neighborhood Services]

Ordinance amending the San Francisco Planning Code by amending Section 722.1 and the Zoning Control Table in Section 722 to limit the establishment of new bars and restaurants in the North Beach Neighborhood Commercial District in locations that have been occupied by Basic Neighborhood Services; to protect North Beach Specialty Take Out uses, such as bakeries, delicatessens, gelato and ice cream stores; 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 Bona-Fide Eating Establishments, as defined; adding a new Section 790.142, to define Bona-Fide Eating Establishment; 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.

080886	[Changing the name of the Department of Telecommunications and Information Services to the Department of Technology]
	Ordinance changing the name of the Department of Telecommunications and Information Services to the Department of Technology, and amending San Francisco Administrative Code Sections 11.84, 11.85, 11.86, and 11.88, to implement the name change. Mayor presented.ASSIGNED UNDER 30 DAY RULE to Rules Committee.

080887

[SFPD MOU for Loan of FBI Vehicles]

Ordinance approving a memorandum of understanding between the City and County of San Francisco and the Federal Bureau of Investigations (FBI) for the loan of two Chevrolet Suburban vehicles from the FBI for use in San Francisco Police Department Tactical Company, and waiving the indemnification requirements of the San Francisco Administrative Code Chapter section 4.18 for this agreement, and approving the City indemnifying and holding the FBI harmless against claims arising from the activities of the City under the MOU. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

Resolutions

080873	[Naming the alleys behind the 2200 block of Fillmore Street Goldberg Lane]
	Resolution bestowing the new name of Goldberg Lane on the alleys behind the 2200 block of Fillmore Street, currently known as Unnamed Streets 110 and 111, in honor of the late Faye Goldberg. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

080874	[Urging the State of California to repeal local preemption regarding pesticides]
	Resolution urging the State of California to repeal the local preemption ban which prohibits local jurisdictions from banning pesticides throughout their city and county limits. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

080875	[Accept-Expend State Grant, Port Commission - $3,117,512]
	Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $3,117,512 from the California Office of Homeland Security for security enhancements at the Port of San Francisco. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Public Safety Committee.

080876	[Recurring FY 2008-2009 State grant funds to the Department of Public Health]
	Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health (DPH) for FY 2008-2009. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080882	[Lease of Real Property - Webster Street]
	Resolution authorizing the lease of 3,900 sq. ft. at 1449 Webster Street for employment assistance programs. Supervisor Mirkarimi presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

080884	[Appointment, San Francisco Children and Families First Commission - Supervisor Carmen Chu]
	Resolution appointing Supervisor Carmen Chu, term indefinite, to the San Francisco Children and Families First Commission. Supervisor Peskin presented.RECEIVED AND ASSIGNED to Rules Committee.

080898	[Commending Dennis Richmond on his 40 year career at KTVU]
	Resolution commending Dennis Richmond on his 40 year career at KTVU. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080899	[Congratulating the opening of the Contemporary Jewish Museum on June 8, 2008]
	Resolution congratulating the opening of the Contemporary Jewish Museum in the City and County of San Francisco on June 8, 2008. Supervisors Dufty, Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080900	[Commending Michael Lumpkin on 28 years of dedication to Frameline and the San Francisco International LGBT Film Festival]
	Resolution commending Michael Lumpkin on 28 years of dedication to Frameline and the San Francisco International LGBT Film Festival. Supervisors Dufty, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080901

[Grant to fund a study through the HIV Prevention Section, Department of Public Health - $10,566]

Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $10,566 from the Public Health Foundation Enterprises (PHFE), the primary contractor, with funds from the National Institutes of Health, to support a study entitled "Aripiprazole to Reduce Methamphetamine Use among MSM with HIV," for the period of September 28, 2007 through July 31, 2008. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080902

[Grant to fund a study through the HIV Prevention Section, Department of Public Health - $12,680]

Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $12,680 from the Public Health Foundation Enterprises (PHFE), the primary contractor, with funds from the National Institutes of Health, to support a study entitled "Aripiprazole Treatment for Methamphetamine Using MSM," for the period of August 1, 2007 through July 31, 2008. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080903	[In support of Senate Bill 1420 - Nutritional Information on Menus and Menu Boards]
	Resolution supporting Senate Bill 1420-Nutritional Information on Menus and Menu Boards. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

080904	[Accept-Expend Federal State Pass Though Grant, Department of Economic and Workforce Development - $237,254]
	Resolution authorizing the Department of Economic and Workforce Development to Retroactively accept and expend a grant in the amount of $237,254 from the United States Department of Labor passed through the California Employment Development Department for workforce development activities. Supervisor Mirkarimi presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080905	[Accept-Expend Private Grant, Department of Economic and Workforce Development - $100,000]
	Resolution authorizing the Department of Economic and Workforce Development to Retroactively accept and expend a grant in the amount of $100,000 from the Evelyn and Walter Haas, Jr. Fund for workforce training. Supervisor Mirkarimi presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Requests for Hearing

080855

[Minimum Compensation Ordinance Rate for Fiscal Year 2008-2009]

Hearing on Minimum Compensation Ordinance Rate for Fiscal Year 2008-2009. In accordance with 12P.3 (a)(1)(C)(iii) the Budget and Finance Committee of the Board shall hold a hearing before adoption of the budget to consider the report and whether there are alternative funding sources or prudent reductions in City expenses available to enable the City to pay the additional costs of the CPI increase for the upcoming fiscal year without jeopardizing City operations. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

080858

[Conversion of affordable housing units to group housing units by Academy of Art University]

Hearing regarding the Academy of Art University converting to group housing, affordable rental housing in seventeen buildings in San Francisco to group housing, the preparation of its institutional master plan, and the environmental review of the institutional master plan prepared by the Academy of Art University. Supervisor Daly presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

080859	[Planning Department's procedures for enforcing the formula retail ordinance]
	Hearing on the processes and procedures of the Planning Department for enforcing the formula retail ordinance and administering fines for businesses not in compliance. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

080860	[Children's Services Allocation Plan 2007-2010]
	Hearing on the Proposed Amendment to the Children's Services Allocation Plan 2007-2010. Supervisor Peskin presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080861	[Bike Plan Injunction]
	Hearing with the Planning Department, Municipal Transportation Agency and the City Attorney's Office to discuss the Bike Plan injunction which has prevented implementation of the City's bike plan, and to discuss bike safety issues. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

080862	[Animal Welfare Policy]
	Hearing to discuss animal welfare policy at the Department of Animal Care and Control and other nonprofit and private agencies. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

080863	[Funding for the deployment of the United States Armed Forces in Iraq]
	Hearing to consider the proposed initiative declaration of policy to be submitted by four or more Supervisors to the voters at the November 4, 2008 election entitled "Declaration of Policy concerning the funding for the deployment of the United States Armed Forces in Iraq". Supervisors Daly, Mirkarimi, McGoldrick, Ammiano presented.RECEIVED AND ASSIGNED to Rules Committee.

080864	[Treatment on Demand Act]
	Hearing to consider the proposed initiative ordinance to be submitted by four or more Supervisors to the voters at the November 4, 2008 election entitled "Ordinance amending the San Francisco Administrative Code by adding Section 19A.23 create the Treatment on Demand Act". Supervisors Daly, Peskin, Mirkarimi, McGoldrick presented. RECEIVED AND ASSIGNED to Rules Committee.

080865	[Installation of PG&E "Smart Meters" in the City and County of San Francisco]
	Hearing to consider the proposed initiative ordinance to be submitted by four or more Supervisors to the voters at the November 4, 2008 election entitled "Installation of PG&E "Smart Meters" in the City and County of San Francisco". Supervisors Peskin, Dufty, Ammiano, McGoldrick, Mirkarimi presented.RECEIVED AND ASSIGNED to Rules Committee.

080866

[Appropriating $1,500,000 for Mental Health Trauma Recovery Services]

Hearing to consider the proposed initiative ordinance to be submitted by four or more Supervisors to the voters at the November 4, 2008 election entitled "Ordinance appropriating $1,500,000 from the General Fund to the Department of Public Health, Mental Health Services, to fund Mental Health Trauma Recovery Services". Supervisors Peskin, Mirkarimi, Daly, Ammiano presented.RECEIVED AND ASSIGNED to Rules Committee.

080867

[Planning - Conditional Use Requirement for Steam or Fossil-Fueled Power Plants in M-1 and M-2 Zoning Districts]

Hearing to consider the proposed initiative ordinance to be submitted by four or more Supervisors to the voters at the November 4, 2008 election entitled "Ordinance amending Planning Code Section 226 to require that steam or fossil-fueled power plants in M-1 and M-2 zoning districts obtain conditional use authorization, adding Section 226.1 requiring additional findings, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1". Supervisors Maxwell, Peskin, McGoldrick, Dufty presented. RECEIVED AND ASSIGNED to Rules Committee.

080868

[San Francisco Transportation Authority]

Hearing to consider the proposed initiative ordinance to be submitted by the Mayor to the voters at the November 4, 2008 election entitled "Ordinance amending the San Francisco Business and Tax Regulations Code by amending Section 1404 to change the composition of the San Francisco Transportation Authority, and to declare it City policy that the Authority: maximize efficiency by having staff functions for the Transportation Authority performed, to the extent practicable, by agencies and departments of the City and County; maximize fiscal accountability by obtaining expert financial review before adoption of Authority budgets; and, maximize public accountability by adopting the ethics and public records laws that apply to the City and County". Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.

080869

[Policy regarding budget set-asides]

Hearing to consider the proposed initiative ordinance to be submitted by the Mayor to the voters at the November 4, 2008 election entitled "Ordinance amending the San Francisco Administrative Code by adding Section 3.26, to establish as official City policy that the voters will not approve new set-asides or other mandated levels of spending without identifying a new funding source for the program, and that the duration and any annual growth in the set-aside or mandated level of spending be limited, and amending the San Francisco Municipal Elections Code by adding Section 521, to require that the voter information pamphlet include a specific Controller's analysis of the fiscal impact of a proposed new set-aside". Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.

080870

[Community Justice Center]

Hearing to consider the proposed initiative ordinance to be submitted by the Mayor to the voters at the November 4, 2008 election entitled "Ordinance amending the San Francisco Administrative Code by adding Chapter 30, Section 30.1, to authorize the creation of the San Francisco Community Justice Center in collaboration with the Superior Court, to address crimes that negatively impact the quality of life of those living and working in the Tenderloin, South of Market, Civic Center, and Union Square neighborhoods. The Center is authorized to use proven tools to encourage misdemeanor and nonviolent felony offenders to get judicial adjudication and social services in one location with the intent to improve the neighborhood. Following extensive review and community input, this ordinance authorizes the Director of Property to enter into a lease, sublease or other property-related agreement to house the City services provided in connection with the Center, authorizes various tenant improvements, appropriates funding for the Center for fiscal year 2008-2009, and authorizes additional actions consistent with this ordinance". Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.

080871

[Payroll Expense Tax]

Hearing to consider the proposed initiative ordinance to be submitted by the Mayor to the voters at the November 4, 2008 election entitled "Ordinance amending the San Francisco Business and Tax Regulations Code by amending: (1) Section 903.1 to reduce the Payroll Expense Tax rate from 1.5% to 1.0% for businesses whose taxable payroll expense exceeds $250,000 but is less than or equal to $400,000; and (2) Section 905-A to increase the Small Business Tax Exemption to include all taxpayers whose taxable payroll expense is $250,000 or less". Mayor presented.RECEIVED AND ASSIGNED to Rules Committee.

080877	[Transfer of Function of Departments]
	Hearing on notice of Transfer of Function of Departments pursuant to Charter Section 4.132. (Clerk of the Board) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

Charter Amendment

080648

[Energy Security, Cost Reduction and Environmental Protection]

Charter Amendment (Second Draft) to amend the Charter of the City and County by amending Sections 4.112, 8B.120, 8B.123, and 8B.124, and adding Sections 8B.128, 8B.129, 8B.130, and 8B.131, to: (i) make the Public Utilities Commission directly accountable to the voters by requiring that commissioners be elected, (ii) address the need to change electricity production, delivery, and use to ensure environmentally sustainable and affordable electric supplies for residents, businesses, and City departments, (iii) require the Public Utilities Commission to determine the most effective means of providing clean, sustainable, reliable and reasonably-priced electric service to San Francisco residents, businesses and City departments, and (iv) establish within the Public Utilities Commission a ratepayer advocate to represent the interests of San Franciscans that purchase utility services from the City. Supervisor Mirkarimi presented.ASSIGNED UNDER 30 DAY RULE to Rules Committee. SUBSTITUTED. Supervisor Mirkarimi submitted a substitute charter amendment bearing new title. ASSIGNED to Rules Committee.

Motion

080821

[Residential Rent Ordinance, defining and prohibiting tenant harassment and providing remedies of rent reduction, criminal and civil penalties]

Motion ordering submitted to the voters an ordinance concerning tenant rights and remedies against harassment under the City's residential rent ordinance, at an election to be held on November 4, 2008. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. SUBSTITUTED. Supervisor Daly submitted a substitute motion bearing new title. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

080885	[Appointment, Board of Appeals - Rafael Mandleman]
	Motion approving Board of Supervisors President Peskin's appointment of Rafael Mandleman to the Board of Appeals for the unexpired balance of the term ending July 1, 2010. Supervisor Peskin presented.RECEIVED AND ASSIGNED to Rules Committee.

---

Clerk to Act – June 17, 2008

Requests Granted

From: Supervisor Alioto-Pier
To: Director, Public Utilities Commission

Requesting/Inquiring: Has the Public Utilities Commission begun researching potential buyers for the PUC? If not, why? And if so, what are the prospects?

From: Supervisor Alioto-Pier
To: City Attorney
To: Director, Public Utilities Commission
To: Controller

Requesting/Inquiring:

1. Has the PUC or the City given money to PG&E in the last month for work related to siting the Peakers?
2. If so, how much money was given and who gave the authorization?
3. Was this approved by the PUC or was it a line item in the budget?
4. What legal recourse do we have to get that money back?
5. What are we paying to store the CT's in Texas?
6. Have we paid to have the CT's retrofit to accommodate natural gas, and if so, how much?

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 private property locations:

333 Haight

295 Buchanan, the windows on the Haight Street side

299 Webster

357 Fillmore

469 Fillmore

501 Fillmore

557 Fillmore

55 Laguna, the UC complex and the Haight Street side

745 Fillmore

H&W Market at Hayes and Webster

667 Fillmore

590 Steiner

211 Steiner

237 Steiner

255 Steiner

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 private property locations:

Phone Switch Boxes:

Southwest corner of Post and Webster

Northeast corner of Oak and Buchanan

Northwest corner of McAllister and Webster

East side, mid-block of Buchanan and Linden

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

Requesting/Inquiring: Requesting that the Department of Public Works report on the status of repairing potholes at the following locations:

-On Webster, South of Geary on the westside of Webster Street

From: Supervisor Mirkarimi
To: Chief, Police Department

Requesting/Inquiring: Requesting that the SFPD provide my office an itemized report of citations issued for each of the following classes of moving traffic violations on a monthly basis:

1. Violations by drivers of automobiles
2. Violations by riders of bicycles
3. Violations by riders of motorcycles
4. Violations by pedestrians

Please include the location, code provision of infraction, and modality of the alleged offense (auto, bicycle, motorcycle, or pedestrian) in the report.

In Memoriams:

Bob Blanchard – Supervisor Ammiano