Board of Supervisors : March 28, 2006

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
March 28, 2006

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

051917

[Repealing Community Court Administration Fee]

Ordinance repealing Administrative Code Section 10.183 to authorize the District Attorney to collect Administrative Fees from persons who are determined by the District Attorney to be eligible for the community courts program. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. REFERRED TO DEPARTMENT. Referred to City Attorney for approval as to form. SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee. Supervisor Daly submitted a substitute ordinance bearing new title, and approved as to form.

060032

[Allowing certain medical cannabis dispensaries in Residential-House or Residential-Mixed districts to remain open during the 18-month application period and other amendments]

Ordinance amending the San Francisco Planning Code by amending Sections 209.3, 217, 790.141, and 890.133 to allow certain medical cannabis dispensaries in Residential-House or Residential-Mixed districts to remain open during the 18-month grace period provided for obtaining a permit, to define “community facility” and “recreation building” as those that primarily serve persons under 18 years of age, and to provide certain notice to both owners and occupants within 150 feet of a proposed medical cannabis dispensary; amending the San Francisco Health Code by amending Sections 3303, 3304, 3305, 3306, 3307 and 3312 to amend the permitting process for medical cannabis dispensaries to conform to the California Fire Code, to eliminate the need for an employment background check, to provide for a provisional permit to be issued after a hearing but before construction work is performed, to provide for referral of permit applications to the Department of Building Inspection, and to require employees to wash hands and use sanitary utensils when handling cannabis; and making environmental findings and findings of consistency with the priority planning policies of Planning Code Section 101.1 and the General Plan. Supervisors Mirkarimi, Ma presented. ASSIGNED UNDER 30 DAY RULE to Land Use Committee. REFERRED TO DEPARTMENT. Referred to Planning Commission for review and comment. SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing same title. ASSIGNED to Land Use Committee. TRANSFERRED to Land Use and Economic Development Committee. SUBSTITUTED. Supervisor Mirkarimi submitted a substitute ordinance bearing new title. ASSIGNED to Land Use and Economic Development Committee.

060368

[Unrepresented Employees]

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 jobcodes not represented by an employee organization, and establishing working schedules and conditions of employment and, methods of payment, effective July 1, 2006. Mayor presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

060386

[55-year Seismic Safety Retrofit Loan Program Loans]

Ordinance amending San Francisco Administrative Code Sections 66.1, 66.3, 66.4, 66.5, 66A.2, 66A.4, 66A.13, 66A.24, 66A.25, and 66A.26 to allow for 55-year term Seismic Safety Retrofit Loan Program loans, to name the Mayor's Office of Housing as the Seismic Safety Retrofit Loan Program Administrator, and to make certain administrative clarifications. Supervisor Dufty presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

060387	[Preparation of a Backup Plan for Elections]
	Ordinance amending the San Francisco Municipal Elections Code by adding Section 980 to Article IX to require the Director of Elections to prepare a backup plan for elections whenever the voting system intended to be used in the next election is pending certification from the California Secretary of State. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

060393	[Prohibiting Smoking on Golf Courses]
	Ordinance amending Section 1009.81 of the Health Code to prohibit smoking on golf courses. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item be scheduled at the April 3, 2006 meeting.

060394	[Appropriating $660,000 of Unappropriated General Fund to support John Swet Alternative School in Department Fiscal Year 2005-06]
	Ordinance appropriating $660,000 of Unappropriated General Fund to maintain operations of the John Swet Alternative School through the Department of Children, Youth and Their Families for Fiscal Year 2005-06. Supervisors Mirkarimi, Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

060395

[Retention of Grocery Workers Upon Change In Control of Grocery Store]

Ordinance amending the San Francisco Police Code by adding a new Article 33D to require grocery employers to retain employees for 90 days upon change in control of the grocery store; to prohibit grocery employers from terminating the employees during those 90 days without cause; to require grocery employers to conduct a performance evaluation of the employees at the conclusion of the 90 days and consider for continued employment those employees with satisfactory performance; to require public notice of a change in control of the grocery store; and to provide judicial remedies, including hiring and reinstatement rights, front and back pay, and the value of benefits lost, for violation of the ordinance, along with an award of reasonable attorneys' fees to a successful plaintiff. Supervisors Ma, Alioto-Pier, Ammiano, Daly, Dufty, Maxwell, Mirkarimi, Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requested to waive the 30-Day Rule.

060396

[Slavery Era Disclosure]

Ordinance requiring contractors providing insurance and insurance services, financial services, or textiles to the City to disclose any participation in the slave trade, and creating an account, to which contractors subject to this ordinance, and others, may make voluntary contributions, and requiring that monies donated to this account be used to fund economic development and educational initiatives designed to ameliorate the effects of slavery upon the residents of San Francisco. Supervisors Maxwell, Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

Resolutions

060388

[Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY, NO STOPPING ANYTIME – RESCIND
Market Street, north side, from Franklin Street to Rose Street.

PARKING METER AREA NO. 3 (1-HOUR PARKING TIME LIMIT, 9AM - 6PM, MONDAY THROUGH SATURDAY – ESTABLISH
Market Street, north side, from Franklin Street to Rose Street. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060391

[Accept-Expend Regional Grant - Department of the Environment]

Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $42,500 from the California Department of Transportation Bicycle Transportation Account (BTA) to collaborate with the nonprofit organization BikeStation on the Embarcadero bike station facility improvement and services upgrade. Supervisor Daly presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

060397	[Adopting Board of Supervisors' 2006 Budget Policy Priorities]
	Resolution adopting the San Francisco Board of Supervisors' 2006 Budget Policy Priorities. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

060398	[Supporting Assembly Bill 777 - Tax Credits for Qualified Motion Pictures]
	Resolution supporting Assembly Bill 777 – California Tax Credits for Qualified Motion Pictures. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060399

[Fee Waiver for Temporary Occupancy Permit of Hunger Strikers]

Resolution commending the 23 individuals who participated in the week-long Hunger Strike against the "Border Protection, Anti-Terrorism, and Illegal Immigration Control Act," also known as HR 4437, for their commitment to protect the San Francisco's City of Refuge status, and urging the Department of Public Works to waive their Temporary Occupancy permit fees for the week of March 21st, 2006. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060400	[Commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health]
	Resolution commending Dr. Stanley Lipsitz on an outstanding career with the San Francisco Department of Public Health and wishing him the best of luck in all of his future endeavors. Supervisors Dufty, Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060414	[Urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels]
	Resolution urging the United States Congress to restore food and funding to the Commodity Supplemental Food Program (CSFP) at the 2005 levels. Supervisors Dufty, Ma, Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060415	[Commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco]
	Resolution commending Pat and Sheila Brosnan on their contribution to the Irish community of the City and County of San Francisco. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060416	[Urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act]
	Resolution urging President Bush to stop the warrantless surveillance of Americans and to follow the Foreign Intelligence Surveillance Act. Supervisors McGoldrick, Ammiano, Maxwell, Daly, Mirkarimi, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060417	[Commending HICAP and Senior Action Network for assisting seniors and disabled]
	Resolution commending San Francisco Health Insurance Counseling and Advocacy Program (HICAP) and Senior Action Network for Assisting Seniors and the Disabled in Obtaining Health Care and Medication Benefits. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

060418	[Urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law]
	Resolution urging San Francisco law enforcement agencies to disregard criminal provisions of proposed federal immigration legislation should they become law. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

060389	[Port of San Francisco's 10-Year Capital Plan]
	Hearing to consider the Port of San Francisco's 10-Year Capital Plan. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

060390	[Progress report of the Western SoMa Citizens Planning Task Force]
	Hearing on the progress report of the Western SoMa Citizens Planning Task Force as required by Resolution No. 731-04. Supervisor Daly presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Sponsor requests this item be assigned to Land Use and Economic Development Committee, and agendized as early as April 5, 2006.

Motion

060392	[Rules of Order - Select Committee on Ending Gun and Gang Violence Consists of Three Members]
	Motion amending the Board of Supervisors Rules of Orders by amending Rule 5.8 to provide that the Select Committee on Ending Gun and Gang Violence shall be comprised of three members of the Board of Supervisors. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

060300	[Settlement of Lawsuit - Maximilian Castro]
	Ordinance authorizing settlement of the lawsuit filed by Maximilian Castro against the City and County of San Francisco for $125,000; the lawsuit was filed on December 15, 2000 in San Francisco Superior Court, Case No. 317-475; entitled Maximilian Castro, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. RECOMMENDED...

060332	[Settlement of Lawsuit - Mirvat Harb]
	Ordinance authorizing settlement of the lawsuit filed by Mirvat Harb against the City and County of San Francisco for $200,000; the lawsuit was filed on December 23, 2004 in San Francisco Superior Court, Case No. 437-254; entitled Mirvat Harb, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

060335

[Settlement of Lawsuit - Reliant Energy, Inc.]

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco, on behalf of the People of California, against Reliant Energy, Inc. and other Reliant Companies; the lawsuit entitled People v. Dynegy, et al. was filed on January 18, 2001, and has been coordinated as Wholesale Electricity Antitrust Cases I & II in the Superior Court of the State of California for the County of San Diego, JCCP Nos. 4204 and 4205; the settlement provides $666,666.66 to San Francisco and $430 million in benefits to California electric ratepayers, among other provisions. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

060333

[IHSS Provider Benefits and Administration Contract Approval - San Francisco IHSS Public Authority]

Resolution approving the contract between the City and County of San Francisco and San Francisco In-Home Supportive Services (IHSS) Public Authority for the provision of Administration, health and dental benefits to IHSS Independent Providers for the period of July 1, 2006 to June 30, 2012, in the amount of $201,786,117.00 (Human Services Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be referred to Budget and Finance Committee due to the dollar amount of the contract.

060334

[Child Care Services Contract Approval - Children's Council of San Francisco]

Resolution approving the contract between the City and County of San Francisco and the Children’s Council of San Francisco to provide child care services, for the period from July 1, 2006 to June 30, 2012, in the amount of $245,425,551. (Human Services Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee. Department requests this item be referred to Budget and Finance Committee due to the dollar amount of the contract.

Clerk to Act – March 28, 2006

Board Minutes for February 28, 2006 and Special Board Meeting Minutes for the Budget and Finance Committee Meeting for March 1, 2006 approved.

Requests Granted