Board of Supervisors : January 10, 2006

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
January 10, 2006

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

060013	[Amending the Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday]
	Ordinance amending Section 2809 of the San Francisco Police Code to allow pawnbrokers to operate on Sundays and on Mondays following a holiday, and to make clerical corrections. Supervisor Ma presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

060029

[Neighborhood Sanitation and Housing Habitability Ordinance]

Ordinance amending Article 11 of the San Francisco Health Code to change the title from "Nuisance" to "Neighborhood Sanitation and Housing Habitability," adding relevant definitions to Section 580, amending the definition of nuisance in Section 581 to include asbestos hazards and violations of Sections 582, 583 and 295, adding Section 582 to set forth specific requirements to prevent vermin and insect disease vector harborage and infestation in dwellings, commercial establishments, and vacant lots in order to improve the health, safety and general welfare of occupants, adding Section 583 to prohibit smoking in common areas of multiple unit residential facilities, adding Section 584 to give the Department of Public Health the discretion to require owners and managers of multiple dwellings with more than three dwelling units and a history of noncompliance to complete Department of Public Health-approved training sessions; adding potential attorneys' fees recovery for those cases in which the City elects to recover attorneys' fees to Sections 596 and 609, clarifying and making consistent with state law the Director's authority in Section 596 to issue orders to vacate a premises upon discovery of a nuisance that endangers the immediate health and safety of the residents, adding a requirement that the Director give notice to relocated tenants under this section that they may be eligible for assistance pursuant to California Health and Safety Code Sections 17975 et seq., adding lien recovery for attorneys' fees for Section 599 and 609, adding civil penalties of $500 per violation per day to Section 600, authorizing recovery of all costs and fees, including attorneys' fees, incurred in enforcement under Section 609 and raising the existing inspection fees to $150 for the first hour and $75 for each additional half-hour or part thereof, extending the notice and hearing provisions for lien collections under Sections 609.1 and 609.2 to include the additional costs and fees that may be recovered under the amended Section 609, creating fees in Section 609 for routine and complaint-based inspections that reveal violations; adding Section 295 to require that in all multi-story residential facilities, refuse be collected from the ground level or below ground level garbage collection rooms, designated garbage areas or from the sidewalk and that refuse from upper floors may not be transferred to those designated areas between the hours of 11 p.m. and 7 a.m., expanding the definition of lead hazards in Sections 1603 and 581(b)(10) to include hazards to adults as well as children. Supervisors Mirkarimi, Peskin presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

060030	[Weights and Measures-Registration and Inspection Fees]
	Ordinance amending Section 1.13-5 of the San Francisco Administrative Code, to set new fees for the registration and inspection of weighing and measuring devices, based on each device and business location. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

060031

[Approving a contract between the City and County of San Francisco and the American Registry for Internet Numbers, LTD. (ARIN) for registration of Internet Protocol address space]

Ordinance approving a contract between the City and County of San Francisco and the American Registry for Internet Numbers, LTD. (ARIN), for the registration of Internet Protocol address space, required to increase the City's bandwidth on the Internet and designating ARIN as the sole source contractor for the registration of Internet Addresses, and waiving the competitive procurement requirements of the San Francisco Administrative Code Chapter 21 for this service, and approving the City indemnifying and holding ARIN harmless against claims arising from the activities of the City under the contract, and waiving the 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 the requirement of Section 21.19(d) of the San Francisco Administrative Code that a City contract not contain an automatic renewal provision. Supervisor Dufty presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

060032

[Exempting certain medical cannabis dispensaries from the requirement that all new dispensaries be located not less than 1000 feet from a school, community facility, or recreation building]

Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 790.141, and 890.133 to exempt certain medical cannabis dispensaries from the requirement that all medical cannabis dispensaries that commenced operation after April 1, 2005 be located not less than 1000 feet from the parcel containing a school, community facility, or recreation building; amending the San Francisco Health Code by amending Section 3304 to conform to the San Francisco Fire Code and Section 3305 to provide for referral of permit applications to the Department of Building Inspection; and making environmental findings and findings of consistency with the priority planning policies of Planning Code Section 101.1 and the General Plan. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.

060033	[Prohibiting Political Contributions from Corporations to Candidates for City Elective Office]
	Ordinance amending section 1.114 of the San Francisco Campaign and Governmental Conduct Code to prohibit corporations from making campaign contributions to candidates for City elective office. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

060036

[Requirements for residential off-street parking in C-3 districts and for bicycle and car share parking in all districts]

Ordinance amending the San Francisco Planning Code by amending Section 123 to provide that residential parking does not apply to the maximum gross floor area in C-3 districts; amending Section 151.1 to establish a maximum of one parking space per residential unit in C-3 districts; adding Section 151.2 to create a FAR incentive program in C-3 Districts to encourage parking ratios of less than 0.75 spaces per unit; adding Section 154.1 to revise the minimum dimensions for off-street parking spaces in C-3 districts; amending Section 155 to allow parking accessed by automated garages or car elevators and valet parking in lieu of independently accessible spaces in C-3 Districts, to exclude car-share parking spaces from the parking pricing requirements of Section 155(h) and to add Section 155(s) to require compliance with specified urban design requirements for off-street parking and loading spaces on development lots larger than 5,000 square feet in C-3 Districts; amending Section 155.5 to require bicycle parking for residential uses in all districts in addition to the DTR districts; amending Section 157 to provide for a demonstration that car-share parking cannot satisfy the need for non-accessory parking as a conditional use; amending Section 166 to specify minimum requirements for car-share parking spaces and to authorize substitution of car-share parking spaces for certain required parking in all districts in addition to the DTR districts; amending Section 166 to establish a certification process for car-share organizations, to specify minimum requirements for car-share parking spaces and to authorize substitution of car-share parking spaces for certain required parking in all districts in addition to the DTR districts; amending Section 167 to require that parking spaces in new residential buildings of 10 units or more in C-3 districts be sold or leased separately from the units; amending Section 204.5 to exclude car-share parking spaces from the maximum number of spaces allowed as an accessory use; amending Section 303(c)(2)(B) to provide for consideration of whether a use seeking a conditional use permit is providing car-share parking; amending Section 309 to provide for review of C-3 projects seeking more than 0.375 parking space per dwelling unit and to allow exceptions from the requirements of Section 155(s); amending Section 790.10 to include a car-share parking as part of a community residential parking use; amending Section 890.10 to include a car-share parking as part of a community commercial parking garage use; and adopting findings. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee.

Resolutions

060014

[Regional Isolation Facility for TB Patients]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a new grant in the amount of $50,000 from the State Department of Health Services TB Control Branch (SDHSTBCB), to enter into an agreement for the use of these funds, and to add one position at .33 FTE funded through this grant agreement; for the period of July 1, 2005, to June 30, 2006. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be heard at the January 23, 2006 meeting.

060021

[Authorize grant funding for the YouthPOWER project from the Substance Abuse Mental Health Services Administration (SAMHSA)]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a continuation grant from the Substance Abuse Mental Health Services Administration (SAMHSA) in the amount of $200,000 for the YouthPOWER Project; for the period of October 1, 2005, to September 30, 2007. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be calendared at the next available meeting.

060022

[To Provide five state funded food and agriculture and pesticide regulation programs in San Francisco]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept retroactively and expend five grants in the total amount of $11,320 from the California Department of Food and Agriculture (CDFA) for the seed, nursery, and sudden oak death programs ($2,608) and the petroleum products program ($6,900); and from the California Department of Pesticide Regulation (CDPR) for the pesticide use reporting ($1,812) program, and to enter into agreements for the use of these funds; for the period of July 1, 2005 through June 30, 2006. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be calendared at the next available meeting.

060023

[Grant for supportive housing for chronically homeless exiting Criminal Justice Institutions]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to accept and expend retroactively a grant in the amount of $739,982 from the Department of Justice (DOJ) for supportive housing for chronically homeless offenders, to enter into an agreement for the use of these funds, and to add 1.5 new positions funded under this agreement; for the period of July 1, 2005 to June 30, 2006. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. DPH requests this item be calendared at the next available meeting.

060024

[Grant to enhance capacity of local minority HIV/AIDS organizations]]

Resolution authorizing the San Francisco Department of Public Health (SFDPH), to accept retroactively and expend a new federal grant in the amount of $271,665 from the Office of Minority Health (OMH) to enhance the capacity of local minority-based HIV/AIDS organizations, and to enter into an agreement for the use of these funds; for the period of September 1, 2005, to August 31, 2006. Supervisors Dufty, Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. DPH requests this item be calendared at the next available meeting.

060025

[Accept-Expend Federal Grant - Spousal Abuser Prosecution Program]

Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $95,033 through the California Department of Justice for a program entitled “Spousal Abuser Prosecution Program” for fiscal year 2005/2006. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be heard at the January 23, 2006 meeting.

060026

[Condemning the Government of the People's Republic of China for its persecution of Falun Gong practitioners]

Resolution condemning the People’s Republic of China for its persecution of Falun Gong practitioners and expressing the position of the City and County of San Francisco to Federal Officials, the Mayor of Shanghai and the Chinese Consulate and urging federal officials and the State Department to follow United State Congress Resolution 304. Supervisor Daly presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060027

[Change the name of 16th Street between Pond Street and Prosper Street in the Castro to Jos‚ Sarria Court]

Resolution changing the name of 16th Street between Pond Street and Prosper Street in the Castro to “José Sarria Court,” in recognition of José Sarria, who is one of the most heroic, courageous, and colorful and creative figures in San Francisco's history. Supervisors Dufty, Ammiano, Ma, Mirkarimi, Daly, McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be calendared at the 1/23/06 meeting

060028	[STOP Intersections]
	Resolution designating certain intersections as “STOP” intersections. STOP SIGNS - ESTABLISH Haight Street and Cole Street: stopping eastbound at Haight Street. Irving Street and 11th Avenue: stopping eastbound and westbound on Irving Street. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060034	[Expanding the Western SoMa Citizens Planning Task Force]
	Resolution expanding the Western SoMa Citizens Planning Task Force and re-defining the Task Force's quorum. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee.

060037	[Commending Christine Quinn]
	Resolution commending New York City Council member Christine Quinn for being selected as the new Speaker of the New York City Council and for being the first woman, openly gay and Irish Speaker of the City Council of New York City. Supervisors Ammiano, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060038	[Extension of SRO Hotel Safety and Stabilization Task Force]
	Resolution extending the operations of the Single Room Occupancy (SRO) Hotel Safety and Stabilization Task Force through December 31, 2006. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060039

[Accept-expend State Grant Funds available under the Land and Water Conservation Fund Program to fund the 24th Street York Mini Park Project]

Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant in the amount of $81,190 available under the Federal Land and Water Conservation Fund Program administered by the National Park Service under the provisions of the Land and Water Conservation Fund Act of 1965 for the development of the 24th Street York Mini Park. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060040

[Accept-expend State Grant Funds available under the Youth Soccer and Recreation Development Program to fund the South of Market Area (SOMA) Park]

Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant in the amount of $630,000 for the development of the South of Market Area (SOMA) Park, under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 administered by the California Department of Parks and Recreation, Office of Grants and Local Services. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060041	[75th Anniversary of the San Francisco Golden Gloves]
	Resolution commending the 75th anniversary of the San Francisco Golden Gloves. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060042

[Accept-expend State Grant Funds available under the State Urban Parks and Healthy Communities Program to fund the Argonne Playground Project]

Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant in the amount of $664,428 for the development of the Argonne Playground Project, under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 administered by the California Department of Parks and Recreation, Office of Grants and Local Services. Supervisor McGoldrick presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060043	[Adopting policies on the reimbursement of expenses and ethics training]
	Resolution adopting policies and procedures for the reimbursement of officers and employees for authorized expenses incurred in the performance of official duties and designating certain employees to receive ethics training specified in State law. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060044	[Lee Mallory Day]
	Resolution declaring January 10th, 2006, Lee Mallory Day in San Francisco. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

060011	[SFUSD's process for determining proposed school mergers and closures]
	Hearing regarding San Francisco Unified School District's process for determining proposed school mergers and closures. Supervisors Mirkarimi, Alioto-Pier, Maxwell presented. RECEIVED AND ASSIGNED to Rules Committee.

060012	[24-hour Mobile Crisis Treatment]
	Hearing to discuss the possibility of expanding 24-hour mobile crisis treatment by reviewing the most recent statistics and data on 5150s and other related issues in San Francisco. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060015	[City's enforcement of Subdivision Code Section 1386 - Tentative Map]
	Hearing on the City's enforcement of Section 1386 - Denial of Tentative Map of the Subdivision Code. Supervisor Daly presented. RECEIVED AND ASSIGNED to Land Use Committee.

060016	[Budget Analyst Audit of the SFPUC]
	Hearing on the Budget Analyst Phase-Four Management Audit of the San Francisco Public Utilities Commission. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

060017	[Budget Analyst Audit of the Dept. of Recreation & Parks]
	Hearing on the Budget Analyst Audit of the Department of Recreation and Parks. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

060018	[Annual review and approval of the Board of Supervisors/Clerk of the Board budget guidelines.]
	Hearing on the annual review and approval of the Board of Supervisors/Clerk of the Board budget guidelines. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

060019	[Falun Gong]
	Hearing on discrimination against practitioners of Falun Gong by the Chinese Chamber of Commerce in San Francisco. Supervisor Daly presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060020	[Reinstatement of DPW Workers]
	Hearing on the status and future of the $1.8 million that was allocated to reinstate DPW laborers, as well as the hiring process and the manner in which the hiring criteria was applied. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

Motions

060035	[Rules of Order of the Board - Land Use and Economic Development Committee]
	Motion amending the Rule of Order 5.5 renaming the Land Use Committee the "Land Use and Economic Development Committee". Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

060045	[Rules of Order of the Board - Budget and Finance Committee]
	Motion amending the Rule of Order 5.1, establishing size, membership and jurisdiction of the Budget and Finance Committee. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

052043	[Settlement of Lawsuit -Frank Euphrate, et al.]
	Ordinance authorizing settlement of the lawsuit filed by Frank Euphrate against the City and County of San Francisco for $925,000; the lawsuit was filed on September 10, 2003 in San Francisco Superior Court, Case No. 424-288; entitled Frank Euphrate, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

052044	[Settlement of Lawsuit - Mary Williams]
	Ordinance authorizing settlement of the matter of Mary Williams v. City and County of San Francisco for $225,000. The lawsuit was filed on November 5, 2004 in San Francisco Superior Court, Case No. 436-121; entitled Mary Williams v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

052052	[Permitting unattended vehicles in white zones in front of schools when the vehicle displays a special disabled license plate or placard, and in front of child care centers]
	Ordinance amending Traffic Code Section 38.C to permit vehicles to be left unattended in a white zone in front of schools when the vehicle displays a special disabled license plate or placard, and in front of child care centers. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

PROPOSED RESOLUTIONS

052039	[Fuel Contract 70881 - Office of Contract Administration]
	Resolution authorizing the Purchaser to award contract for Fuel, Diesel, Bio-Diesel and Gasoline as the contract will exceed $10,000,000.00. (Purchaser) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

052042	[STOP Intersections]
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH Mangels at Colon Avenues, making this intersection an All-Way STOP. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052045	[Proposition J Certification, Status Offender Shelter and Intake Services]
	Resolution concurring with the Controller’s certification that Intake and Shelter Services to Status Offenders can be practically performed by a private contractor for a lower cost than similar services performed by city and county employees. (Juvenile Probation Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

052047

[Quitclaim of Water Pipeline Easement]

Resolution approving the quitclaim of a water pipeline easement located at 1410 El Camino Real, South San Francisco, San Mateo County to the owner of the underlying fee interest in the property for a purchase price of $30,000; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the sale by quitclaim 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 and take certain actions in furtherance of this resolution. (Real Estate Department) . RECEIVED AND ASSIGNED to Land Use Committee.

052048

[Contract funds to participate in the traineeship for AIDS prevention studies at the University of California at San Francisco Center on AIDS Prevention]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement with the University of California San Francisco, Center on AIDS Prevention Studies (UCSFCAPS) the primary contractor, and expend funds in the amount of $43,407 in order to participate in the traineeship for AIDS prevention studies (TAPS) at UCSFCAPS for the period of September 1, 2005, through August 31, 2006. (Public Health Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052049

[Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

NO PARKING, 6 AM TO 9 AM, MONDAY THROUGH FRIDAY, EXCEPT VANPOOLS - RESCIND
Folsom Street, both sides, between First and Spear Streets

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Hayes Street, south side, from the northbound Octavia Boulevard Frontage Road to 14.5 feet westerly. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052050

[STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Lakewood Way at Fairfield Way, stopping the northbound direction of Lakewood Way;
Amazon Avenue at Madrid Street, making this intersection an All-Way STOP;
Francisco Street and Laguna Street, stopping Francisco Street at Laguna Street, the stem of this T-intersection; and,
York Street at Peralta Avenue, stopping the stem of this T-intersection. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

052051	[Traffic Regulations]
	Resolution enacting and rescinding traffic regulations on various streets. NO RIGHT TURN EXCEPT MUNI - ESTABLISH Market Street, southbound, at Clayton Street. NO LEFT TURN, 7AM TO 9AM AND 4PM TO 7PM, MONDAY THROUGH FRIDAY - ESTABLISH Potrero Avenue, northbound, at 22nd Street. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Clerk to Act – January 10, 2006

Board Minutes for December 6, 2005 and December 13, 2005 approved.

Requests Granted

From: Supervisor Mirkarimi
To: Director, Planning Department
To: Director, Redevelopment Agency
To: Mayor’s Office

Requesting/Inquiring: Requesting complete information from the Planning Department, Redevelopment Agency, and the Mayor’s Office, regarding the unexpected and imminent closure of the AMC Kabuki Theater (resulting from the merger settlement affirmed by State Attorney General Bill Lockeyer), and request any information that shall impede or support a community-driven process (Japantown and Western Addition) assigned to the re-use plan for said property.