City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
August 1, 2006
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordiinances
| 060892 |
[Revenue Control Equipment requirements for Parking Garages and Lots] |
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Ordinance adding Article 22 to the Business and Tax Regulations Code, amending Article 9 of the Business and Tax Regulations Code, and repealing Article 49 of the Police Code, to establish revenue control equipment functionality and business practices requirements for purposes of Parking Tax collection and consumer protection, to establish penalties for violation, to require that parking garage and lot operators certify concurrent with payment of Parking Taxes their use of revenue control equipment that meets those requirements, and establishing a limited Parking Tax amnesty program. Supervisor McGoldrick presented.ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. 06/28/06 - Referred to the Small Business Commission for review and comment. SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee. REFERRED TO DEPARTMENT. Referred to the Small Business Commission for review and comment. TRANSFERRED to Government Audit and Oversight Committee. SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing same title. ASSIGNED to Government Audit and Oversight Committee. |
| 061141 |
[Sole source procurement of interior furniture/workstations and movable partitions for the San Francisco Main Library Renovation] |
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Ordinance waiving the competitive requirements of San Francisco Administrative Code section 21.1, and authorizing the Purchaser to negotiate and issue a purchase order for interior furniture/workstations and movable partitions for the San Francisco Main Library from One Workplace, a Steelcase distributor, as a sole source. Supervisor Ma presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Sponsor requests this item to be scheduled at the August 7, 2006 meeting. |
| 061142 |
[Adding Section 702 to the Business and Tax Regulations Code and amending Sections 703 and 714 of the San Francisco Business and Tax Regulations Code] |
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Ordinance amending Article 10, Utility Users Tax, by adding Section 702 to the Business and Tax Regulations Code; amending Section 703 of the San Francisco Business and Tax Regulations Code making technical clarifications to the Utility Users Tax on telephone services to address change in interpretation of referenced federal law; and amending Section 714 of the San Francisco Business and Tax Regulations Code to conform with Article 6, Common Administrative Provisions. Supervisor Mirkarimi presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Resolutions
| 061086 |
[Resisting the Federal Government's Intervention in a San Francisco Investigation] |
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Resolution resisting the federal government's intervention in the City and County of San Francisco's investigation of the July 8th, 2005 G-8 protest and expressing support for the California Shield Law. Supervisors Mirkarimi, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. CONTINUED. Continued to August 1, 2006 REFERRED to Rules Committee. |
| 061088 |
[Collecting Data on the Number of Ellis Act Evictions Enforced by the Sheriff] |
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Resolution urging the San Francisco Sheriff's Department to collect data on the number of Ellis Act evictions it enforces by adding a checkbox on its eviction instruction form to disclose that the eviction is an Ellis Act eviction. Supervisors Mirkarimi, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. CONTINUED. Continued to August 1, 2006 REFERRED to Land Use and Economic Development Committee. |
| 061089 |
[Enforcement of and Assistance with Ellis Act Evictions] |
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Resolution urging the San Francisco Sheriff to not enforce Ellis Act evictions and the Rent Board to not assist landlords with evicting tenants under the Ellis Act, and commending the San Francisco Sheriffs Department for establishing the only sheriff-led Eviction Assistance program in the State of California. Supervisors Mirkarimi, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. CONTINUED. Continued to August 1, 2006 REFERRED to Land Use and Economic Development Committee. |
| 061120 |
[Supporting Proposition 1C, Housing and Emergency Shelter Trust Fund Act of 2006] |
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Resolution expressing support for California State Proposition 1C, Housing and Emergency Shelter Trust Fund Act of 2006. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 061149 |
[Resolution to establish the Fillmore Jazz District Community Benefit District] |
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Resolution establishing a property-based business improvement district to be known as the "Fillmore Jazz District Community Benefit District," ordering the levy and collection of assessments against identified parcels of real property located in that district for five years, commencing with fiscal year 2006-2007, and making environmental findings. Supervisor Mirkarimi presented.RECEIVED AND ASSIGNED to Board of Supervisors. |
| 061150 |
[Commending El Cucuy and the Votos por America campaign] |
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Commending DJ Renan Almendarez Coello, known as El Cucuy, and the Votos por America campaign who are working to register one million new voters. Supervisor Mirkarimi presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 061151 |
[Issuance and Sale of Revenue Bonds - Lycee Francaise La Perouse] |
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Resolution approving the issuance and sale of revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $15,000,000 for the financing of the acquisition, construction, improvement and equipping of facilities of Lycee Francaise La Perouse and certain other matters relating thereto. Supervisor Ma presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
Request for Hearings
| 061137 |
[SF Public Library's increase in the Capitol Projects budget] |
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Hearing on the San Francisco Public Library's increase in the Capitol Projects budget. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 061138 |
[City's ability to amend the Administrative Code by adding Chapter 80, Sections 80.1 through 80.10 to require refiners of motor fuels to divorce company-owned service stations in the CCSF] |
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Hearing regarding the City's ability to amend the Administrative Code by adding Chapter 80, Sections 80.1 through 80.10 to require refiners of motor fuels to divorce company-owned service stations in the City and County of San Francisco, to preclude refiners from owning service stations in San Francisco in the future, and barring discrimination by refiners in the wholesale prices charged to service stations in San Francisco. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 061139 |
[City's emergency plan for pets in the event of a major disaster in San Francisco] |
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Hearing on the status of the City's emergency plan for pets in the event of a major disaster in San Francisco, and requesting the Clerk of the Board to invite the Departments of Public Health, the Office of Emergency Services and Homeland Security to present their plan for pets in the case of a major emergency. .RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 061148 |
[Hearing - Fillmore Jazz District Community Benefit District] |
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Hearing of persons interested in or objecting to proposed resolution establishing a property-based business improvement district to be known as the "Fillmore Jazz District Community Benefit District (CBD)," ordering the levy and collection of a multi-year assessment on identified parcels in the district, and making environmental findings. (Clerk of the Board) . SCHEDULED FOR PUBLIC HEARING. Scheduled for August 15, 2006 at 3:00 p.m. |
Motion
| 061136 |
[Opposing Federal Legislation] |
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Resolution declaring opposition to House Resolution 5970, federal legislation that would lower the minimum wage for workers who earn tips. Supervisors Peskin, Maxwell, Ammiano, Mirkarimi presented. ADOPTED. |
| 061140 |
[Legislative Analyst Request - Police Department] |
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Motion requesting the Legislative Analyst to research the disciplinary process of police departments in other jurisdictions. The report should focus on comparing the disciplinary authority of San Francisco's Police Chief, the role of the Office of Citizen Complaints (OCC), and the role of the Police Commission with comparable jurisdictions within California. Supervisor Elsbernd presented. ASSIGNED to Board of Supervisors. Scheduled for Board consideration August 8, 2006. Brief report, desired delivery date August 31, 2006. |
PROPOSED ORDINANCES
| 061032 |
[Mission Bay North Commons at Park P17 Improvements] |
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Ordinance designating a portion of State Trust Parcel adjacent to Park P17 for public right-of-way purposes; approving a map showing such areas and declaring such areas to be open public right-of-way; naming the new right-of-way Terry A. Francois Boulevard; designating street grades, sidewalk widths, and street parking restrictions; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public use and accepting for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City's General Plan, eight priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 176,148 and authorizing official acts in connection with this Ordinance. .RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
| 061033 |
[Mission Bay - Parks NP1 & NP2 Improvements] |
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Ordinance designating a portion of State Trust Parcel 1 lying next to Channel for public open space and park purposes; naming the new park "Mission Creek Park"; accepting the irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 176,149 and authorizing official acts in connection with this Ordinance. (Public Works Department) . RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
PROPOSED RESOLUTIONS
| 061035 |
[Approval of the HIV Prevention Projects Grant application] |
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Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit an interim progress report (IPR) in order to continue to receive funding for the HIV Prevention Projects grant from the Centers of Disease Control and Prevention (CDC). This amount of this annual recurring grant for the next grant year (January 1, 2007 to December 31, 2007) is expected to be approximately $9 million. The due date of the IPR is September 15, 2006. (Public Health Department) .RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 061067 |
[Extension of Agreement with PRWT Services, Inc.] |
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Resolution authorizing a two-year extension of the agreement between PRWT Services, Inc. and the City and County of San Francisco. (Municipal Transportation Agency) . RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 061093 |
[Unpaid Department of Public Health complaint reinspection fee liens to become special assessments to the property taxes] |
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Resolution confirming the report of delinquent reinspection fee costs submitted by the Director of Public Health, as modified to the date of adoption of the resolution, and creating liens and special assessments based thereon. (Public Health Department) .SCHEDULED FOR PUBLIC HEARING. Scheduled for August 8, 2006, at 3:00 p.m. |
| 061095 |
[Special Assessment of Liens for Assessment Costs] |
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Resolution confirming report of Delinquent Charges for Code Enforcement cases with Delinquent Assessment of costs, and Fees pursuant to the provisions of Section 102.3, 102.12, 102.17, 102.18, 102.19 et Seq., 103.3.3 Section 108, Section 110 - Tables 1-K and 1-G, and Sections 3407.7.1.3, 3407.7.1.4, 3407.7.1.5, and 3407.7.1.6 et seq., of the San Francisco Building Code, submitted by the Director of the Department of Building Inspection for Services rendered by said Department of Costs thereof having accrued pursuant to Code Violations referenced above. (Building Inspection Department) . SCHEDULED FOR PUBLIC HEARING. Scheduled for August 8, 2006, at 3:00 p.m. |
| 061103 |
[Recurring FY 2006-2007 State grant funds to the Department of Public Health from the California Department of Health Services] |
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Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health (SFDPH) for FY 2006-2007. (Public Health Department) .RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 061104 |
[Approval of the Ryan White Comprehensive AIDS Resources Emergency Act grant application] |
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Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit an application to the Health Resources Services Administration (HRSA) in order to continue to receive funding for the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act grant (Care Title I). The amount of this annual recurring grant for the next grant year (March 1, 2007 to February 28, 2008) is expected to be approximately $28 million. The projected due date of the application is September 28, 2006. (Public Health Department) .RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Clerk to Act – August 1, 2006
Board Minutes for June 27, 2006 approved.
Requests Granted
From: Supervisor Ammiano
To: City Attorney
Requesting/Inquiring: Requesting revised legal advice and recommendations regarding the City's ability to amend the Administrative Code by adding Chapter 80, Section 80.1 through 80.10 to require refiners of motor fuels to divorce company-owned service stations in the City and County of San Francisco, to preclude refiners from owning service stations in San Francisco in the future, and barring discrimination by refiners in the wholesale prices charged to service stations in San Francisco.
From: Supervisor Ammiano
To: City Attorney
Requesting/Inquiring: Requesting a confidential City Attorney opinion on:
- Whether the Mayor acting on his own, through his staff or other assigns, or through the director of a commission-oversighted department have the authority to rescind, amend or otherwise alter the official acts of a commission?
- If so, to what extent may such actions be taken? For example, does the authority extend further than making technical corrections of innocent errors such as misspellings, minor/harmless errors of date, time and location?
- If the Mayor has inherent executive authority to alter or amend such acts, does that authority apply only to commissions that serve at the pleasure of the Mayor? -- Or also to those appointed by the Mayor for a term? Does that authority apply to commissions whose appointees are confirmed by a legislative body? Does that authority extend to commissions whose appointments are shared between the executive and legislative branches?
- If the Mayor has inherent executive authority to alter or amend such acts of commissions whose appointments are either shared or confirmed by the legislative branches, does that authority extend to a commission's acts that have been confirmed, approved, altered or amended or overturned by the judicial branch?
Background:
The San Francisco Recreation and Park Commission meeting on May 30, 2006, 2:00 P.M., City Hall, Room 416, was duly noticed and heard the permit applications for use of Washington Square Park by the North Beach Festival and North Beach Jazz Festival. The issue of the North Beach Festival permit it was in fact an "Appeal" from an earlier Recreation and Park Commission vote granting a permit for park use with no alcohol. As to both applications, the Commission voted six to one to uphold staff recommendation under Park Code Section 4.10, passing the motion for issuance permits for use of the park, without alcohol and thereby re-affirming its earlier decision regarding The North Beach Festival.
Thereafter, the Mayor either directly, through mayoral staff or acting through the Director of Recreation and Parks, unilaterally amended the permit to allow alcohol while restricting its use to a certain portion of Washington Square Park. Such decision was made without notice to the public, the parties appearing at the hearing, or re-referral to Recreation and Park Commission for reconsideration with the Mayor's preferred permit outcome appended for deliberation.
From: Supervisor Elsbernd
To: City Attorney.
Requesting/Inquiring: To draft legislation amending the City Charter by increasing the Chief of Police's authority to suspend members of the Department from 10 to 90 days.
From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic
Requesting/Inquiring: To report on the status of removing the graffiti on the following parking signs: 1243 Masonic, 1101 Masonic, 501 Lyon, 1686 Grove, Across from 607 Central, Southwest corner of Fulton and Baker, 1428 Fulton, 1306 Fulton, 2000 O"Farrell, 100 block of Carl, north side of the street and the 300 block of Carl, north side of the street.
From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic
Requesting/Inquiring: To report on the status of removing the graffiti from the light switchboxes at the following locations: 401 Divisadero, 560 Divisadero, Southeast corner of Divisadero and Fulton, Southeast corner of Divisadero and Turk, Southwest corner of Haight and Fillmore and Southwest corner of Haight and Steiner.
From: Supervisor Mirkarimi
To: General Manager, Public Utilities Commission
Requesting/Inquiring: To report on the status of removing the graffiti from the utility pole at the following locations: Northeast corner of Hayes and Davis, 1681 Fulton, 1575 Fulton, 1588 Fulton, Northeast corner of Fulton and Baker, 540 Baker, Northeast corner of Scott and Fulton, 1290 Hayes, 728 Divisadero, 1201 Divisadero, 251 Divisadero and all four corners of Divisadero and Haight.
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of repairing the pothole at 627 Haight Street.
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of repairing the sidewalk at 1200 Masonic Avenue (a square of the sidewalk is missing) and 942 Hayes Street (a water main cover and sidewalk).
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of removing the graffiti from garbage cans at the following locations: Southwest corner of Hayes and Broadway and the Southeast corner of Hayes and Divisadero.
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of removing graffiti from newsstands at the following locations:
Chronicle:
- Southwest corner of Hayes and Broderick
- Northwest corner of Fulton and Divisadero
Bay Guardian:
- Southwest corner of Hayes and Broderick
- Southwest corner of Fulton and Lyon
- Southwest corner of Fulton and Baker
SF Weekly:
- Northwest corner of Hayes and Divisadero
- Northwest corner of Fulton and Divisadero
Onion and Examiner:
- Northwest corner of Fulton and Divisadero
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of removing graffiti from mailboxes at the following locations: Southwest corner of Hayes and Lyon, Northeast corner of O'Farrell and Divisadero, Southwest corner of Ellis and Pierce, 906 Divisadero and 821 Divisadero.
From: Supervisor Mirkarimi
To: Director, Department of Public Works
Requesting/Inquiring: To report on the status of removing graffiti from the following locations: 1101 Masonic, 1326 Grove (pole for signage of merchant and gates in front of business), 1672 Grove, 590 Baker, 879 Haight, 119 Carl, 289 Carl (graffiti on all the garage doors and front entrance) and property west of 375 Carl (belongs to a Hillpoint address): large colored graffiti on cement covering the hillside.
In Memoriams
Officer Nick-Tomasito-Birco (Entire Board)
George Robinson (Supervisor Dufty)
Anna Teresa Callan (Supervisor Elsbernd)
Aimee Goggins (Supervisors Maxwell, Sandoval)
Margarita Pongiglione (Supervisor Peskin)