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September 28, 2004

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
September 28, 2004

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

041307 [Prohibiting smoking on unenclosed areas of City parks and recreational areas in San Francisco open to the public]
Ordinance amending the San Francisco Health Code by adding Article 19 I, encompassing Sections 1009.80 et seq., to prohibit smoking on any unenclosed area of property in the City and County of San Francisco that is open to the public under the jurisdiction of the Recreation and Park Commission or any other City department if the property is a park, square, garden, playground, sport or playing field, pier, or other property used for recreational purposes. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to City Services Committee. SUBSTITUTED. Supervisor Alioto-Pier submitted a substitute ordinance bearing new title. RECEIVED AND ASSIGNED to City Services Committee.
041350 [Amending and Adding to Section 184.78 of the Public Works Code Regarding Banners]
Ordinance amending and adding to Section 184.78 of the Public Works Code make findings as to the purposes served by banners, to create five categories of permitted banners, to prohibit banners in residential districts, to restrict banners in certain neighborhood commercial and residential commercial districts, to require installer name and service phone numbers on all banners, to provide for processing and inspection fees for banner permits, to index those fees, beginning in fiscal year 2005-2006, to the Consumer Price Index, to provide appropriate penalties for violations of Section 184.78, and to provide that bonds may be required to be posted prior to receipt of a banner permit. Supervisors Ma, Dufty presented. ASSIGNED UNDER 30 DAY RULE to City Services Committee.
041351 [Contract for Electric Services]
Ordinance approving two contracts between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for electric services required to ensure reliable delivery of low cost electric power for use at Treasure Island on file with the Clerk of the Board of Supervisors in File No. 041351; and approving indemnifying and holding harmless the United States against claims arising from the activities of the City under the contract; and waiving requirement of Section 21.35 of the San Francisco Administrative Code that every contract contain a statement regarding liability of claimants for submitting false claims; and waiving requirement of Section 21.19 of the San Francisco administrative code that every contract contain a statement regarding guaranteed maximum costs. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Services Committee.
041352 [Lease of City Property for Fair Market Value]
Ordinance establishing a Board of Supervisors' policy that City-owned property be leased for fair market value, unless a finding of public policy supports a below-market rate, and requiring all below-market rate leases to be reported to the Board of Supervisors and posted on the City’s website. Supervisors Daly, Gonzalez, Peskin, Ammiano presented. RECEIVED AND ASSIGNED to Finance and Audits Committee.
041353 [Encouraging Condominium Conversions Where Tenants Are Not Displaced]
Ordinance amending the Subdivision Code by amending Section 1359 to delete the exception for certain two-unit buildings; and by amending Section 1399.6 to give preference in the condominium lottery to buildings where certain evictions have not taken place. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.
041356 [Back Streets Business Advisory Board]
Ordinance adding Sections 5.260 through 5.264 of the Administrative Code, to create a Back Streets Business Advisory Board, comprised of seven voting members appointed by the Board of Supervisors, and non-voting members representing various organs of government; to require the advisory board within nine months of its initial meeting to submit a report to the Board of Supervisors on matters pertaining to Back Streets businesses; to require the Board of Supervisors or a Board committee to hold a hearing on the report; and to authorize the advisory board to submit other reports to the Board of Supervisors and to communicate with the Board of Supervisors, other governmental entities, the business community, and the public on matters pertaining to Back Streets businesses. Supervisors Maxwell, Dufty presented. RECEIVED AND ASSIGNED to Rules Committee.

Resolutions

041319 [Sewer Service Utility Contract]
Resolution authorizing the San Francisco Public Utilities Commission General Manager to execute the First Amendment to the Sewer Service Utility Contract (No. 1443CX061094018) with The Presidio Trust for the purpose of extending the existing contract term by twelve (12) months through September 30, 2005. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Finance and Audits Committee. Supervisor Daly requested that this matter be referred to Committee.
041320 [Expressing support for Bringing America Home Act (H.R. 2897)]
Resolution urging the Congressional delegation representing San Francisco to support the passage of the Bringing America Home Act (H.R. 2897), a comprehensive bill to end homelessness that addresses issues of affordable housing, livable income, civil rights protections, and health care for all. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Rules Committee. Supervisor Elsbernd requested that this matter be referred to Committee.
040563 [San Jose Avenue/Guerrero Street Pedestrian Safety Improvements]
Resolution establishing various traffic and parking changes on portions of San Jose Avenue, Cesar Chavez Street, and Dolores Street. Supervisors Dufty, Ammiano presented. RECEIVED AND ASSIGNED to Land Use Committee. SUBSTITUTED. Supervisor Dufty submitted a substitute resolution bearing new title. ASSIGNED to Land Use Committee. Sponsor requests this item be scheduled for consideration at the 10/18/04 meeting. 09/28/04 - Parking and Traffic informed of October 18, 2004 meeting date for posting purposes and to request an enviromental review. Advertisement placed in the October 2, 2004 SF Independent newpaper.
041354 [Utility Undergrounding Task Force]
Resolution creating a Utility Undergrounding Task Force to advise the City and County of San Francisco concerning the future of utility undergrounding in San Francisco and to complete its work by September 1, 2005. Supervisors Dufty, Maxwell, Ma, Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee.
041357 [Commending Mani Bruce Mitchell]
Resolution commending Mani Bruce Mitchell for her trailblazing efforts to promote equality for the intersex community. Supervisors Dufty, Ammiano presented. ADOPTED.
041358 [Honoring On Lok's 30th Street Senior Center]
Resolution honoring On Lok's 30th Street Senior Center for its 25 years of service. Supervisor Dufty presented. ADOPTED.
041359 [Western SoMa Citizens Planning Task Force]
Resolution establishing a 22 member Western SoMa Citizens Planning Task Force. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee.
041371 [San Francisco Night Ministries]
Resolution congratulating the San Francisco Night Ministry upon the occasion of its 40th anniversary and further the Night Ministry for its exemplary record of compassionate care and effective service to the citizens of the City and County of San Francisco. Supervisors Ammiano, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041372 [San Francisco Weekly Article]
Resolution urging the publisher of the San Francisco Weekly to publicly respond to community concerns regarding caricatures of the Mission District residents depicted in Dan Siegler's piece entitled "Help Take Back The Mission District" published in the September 15, 2004 edition of the San Francisco Weekly. Supervisors Ammiano, Sandoval, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041373 [Public hearing approval for issuance and sale of multifamily housing revenue bonds by CSCDA for Martin Luther Tower, L.P.]
Resolution authorizing the issuance and sale of multifamily housing revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $10,000,000 for the Project (as defined herein). Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041374 [Commending Barbara Marino]
Resolution commending Barbara Marino for her years of contribution to the City and County of San Francisco. Supervisors Maxwell, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041375 [Urging SFSU to continue its Russian Program]
Resolution urging San Francisco State University to continue its Russian Program. Supervisors McGoldrick, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041376 [Lead Poisoning Prevention Program]
Resolution urging specified City departments to implement recommendations of the Department of Public Health set forth in the Director of Health’s Report on the Comprehensive Environmental Lead Poisoning Prevention Program for The City and County of San Francisco dated December 2, 2003. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041377 [Commending Nancy Bang]
Resolution commending Nancy Bang on the occasion of her retirement. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041378 [Commending Sparky's Diner]
Resolution commending Sparky’s Diner for winning a CORY, Commercial Recycler of the Year Award, for the third year in a row. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041379 [Commemorative Plaque Designation - Haight Street Walk of Fame]
Resolution designating the public right of way from Central Avenue to Stanyan Street along Haight Street as eligible for the installation and maintenance of commemorative plaques, pursuant to Public Works Code Sections 789.2(a). In order to honor the musicians, artists, writers and other individuals that have contributed to the musical, artistic, and cultural heritage of the Haight District and the greater San Francisco Bay Area, identifying this area as the “Haight Street Walk of Fame.” Supervisor Gonzalez presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041380 [James A. Johnston Month]
Resolution declaring September 2004 as “James A. Johnston Month” in the City and County of San Francisco. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041381 [Declaring October 2004 to be "Domestic Violence Awareness Month"]
Resolution declaring October 2004 to be “Domestic Violence Awareness Month” in the City and County of San Francisco. Supervisors Ma, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041383 [Accept and Expend State Grant]
Resolution authorizing the Executive Director of the Department of Parking and Traffic and the Director of the Department of Public Works to accept and expend state Transportation Development Act (TDA) Article 3 funds totaling $630,000 for FY 2004-05 for various pedestrian and bicycle projects in the City and County of San Francisco. Supervisors Ma, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

041360 [Sewer Service Utility Contract]
Hearing on the Sewer Service Utility Contract negotiations between PUC and the Presidio Trust regarding determination of capacity fees. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Finance and Audits Committee.
041361 [June 2007 Housing Element of the General Plan]
Hearing to consider ways to structure the format and timeline of the public outreach and advisory process for the next update of the Housing Element of the General Plan that is due to be adopted in June 2007. Supervisors Alioto-Pier, Elsbernd presented. RECEIVED AND ASSIGNED to Land Use Committee.
041362 [Audit of the Public Utilities Commission]
Hearing to consider the Management Audit of the Public Utilities Commission - Clean Water Enterprise Fund. Supervisor Daly presented. RECEIVED AND ASSIGNED to Finance and Audits Committee.
041363 [Juvenile Probation Department's reduction of services to Asian Youth]
Hearing to regarding the Juvenile Probation Department's reduction of services to Asian Youth. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget Committee.
041364 [MUNI's Biodiesel Pilot Project]
Hearing on the implementation of MUNI's Biodiesel Pilot Project. Supervisor Gonzalez presented. RECEIVED AND ASSIGNED to Land Use Committee.
041365 [Balboa Park Better Neighborhoods Plan]
Hearing to discuss the EIR and proposed work schedule for the implementation of the Balboa Park Better Neighborhoods plan as submitted by the Planning Department. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to Land Use Committee.
041366 [SFPUC Capital Improvement Program]
Hearing to discuss the status of the SFPUC Capital Improvement Program and to identify potential opportunities and obstacles for moving this program forward. Supervisor Ma presented. RECEIVED AND ASSIGNED to Land Use Committee.
041367 [Kezar Stadium]
Hearing to discuss and consider the potential future uses of Kezar Stadium. Supervisor Ma presented. RECEIVED AND ASSIGNED to Land Use Committee.
041368 [Board Chamber Accessibility Retrofitting]
Hearing to review the recommendations of the Review Committee regarding retrofitting the Board Chamber to provide accessibility to the dais of the President of the Board of Supervisors. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee.

Motion

041349 [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 presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
041382 [Supporting San Francisco Board of Supervisors/Clerk of the Board's Telecommute Pilot Project]
Motion supporting the San Francisco Board of Supervisors/Clerk of the Board’s Telecommute Pilot Project. Supervisors Ma, Gonzalez, Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

041244 [Settlement of Lawsuit - Alema Hoskins, et al.]
Ordinance authorizing settlement of the lawsuit filed by Alema Hoskins, a minor, by and through her guardian, Susie McAllister and Jeanell Harris, a minor, by and through her guardian, Inell Manuel against the City and County of San Francisco for $108,000; the lawsuit was filed on January 17, 2003 in San Francisco Superior Court, Case No 416-515; entitled Alema Hoskins, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.
041250 [Settlement of Lawsuit - Mehran Esmaili, et al.]
Ordinance authorizing settlement of the lawsuit filed by Mehran Esmaili, et al., against the City and County of San Francisco for $49,500; the lawsuit was filed on September 23, 1999, in Santa Clara County Superior Court, Case No. 1-02-CV805070; entitled Mehran Esmaili, et al. v. City of Millbrae, et al.; other material terms of said settlement are: (1) Each party shall mutually release the other from all claims arising from the February/March 2000 landslide that forms the basis of the action; (2) Each party shall dismiss with prejudice all complaints and cross-complaints filed in the action; and (3) Each party shall bear its own legal costs and fees; . RECEIVED AND ASSIGNED to Rules Committee.
041342 [Settlement of Lawsuit - Apartment Investment and Management Company, aka AIMCO, et al.]
Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against AIMCO and seven of its corporate affiliates, filed on January 30, 2002 in San Francisco Superior Court, Case No. GCG 02-404-010, entitled City and County of San Francisco, et al., v. Apartment Investment and Management Company, aka AIMCO, et al., relating to code violations at four apartment buildings in Bayview/Hunters Point, and a cross-complaint against the City and certain individual employees filed on January 28, 2003; the settlement provides for payment to the City of a total of $3,000,000 plus an additional contingent payment of $500,000; $1,000,000 of the $3,000,000 payment from AIMCO will be dedicated to improving public safety in the area through helping establish a new Hunters Point/Bayview S.F. Boys and Girls Club with an associated Police Department Office; the settlement also provides that AIMCO has abated or will abate all notices of violation issued by the Department of Building Inspection that were the subject of the lawsuit; and approving satisfaction of DBI fees for AIMCO's proposed renovation of the Properties, through AIMCO's payment of settlement funds to the City. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

041098 [Accept-Expend Federal Grant]
Resolution authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $339,964 from the United States Department of Justice, Violence Against Women Office for Safe Havens. (Department of Children, Youth & Their Families) Supervisors Ma, Dufty presented. RECEIVED AND ASSIGNED to City Services Committee. REFERRED TO DEPARTMENT. Referred to Youth Commission for comment and recommendation.
041099 [Street Artist Winter Holiday Spaces]
Resolution approving temporary selling spaces in the Downtown area and at Harvey Milk Plaza for street artists certified by the Arts Commission, City and County of San Francisco, for the winter holiday season, 2004, beginning on November 15, 2004 and ending on January 15, 2005. (Arts Commission) . RECEIVED AND ASSIGNED to Land Use Committee.
041169 [Municipal Railway Professional Services Contract CS-123, Amendment No. 7]
Resolution authorizing the Director of Transportation to execute Amendment No. 7 to San Francisco Municipal Railway Contract No. CS-123, Professional Design and Construction Support Services for Muni Metro Third Street Light Rail Project, with WPK Third Street Consultants, for extra design work and additional construction support services, for an amount not to exceed $1,500,000, and a total contract amount not to exceed $11,481,206, and to extend the contract for one year. (Municipal Transportation Agency) . RECEIVED AND ASSIGNED to Finance and Audits Committee.
Last updated: 9/9/2014 2:18:15 PM