Board of Supervisors : October 17, 2006

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
October 17, 2006

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

061427	[Departmental Efficiency Plans]
	Ordinance amending San Francisco Administrative Code by amending Section 88.4 and repealing Sections 88.5, 88.6, 88.7 and 88.8, to streamline the requirements for departmental efficiency plans. Mayor, Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

061428

[Appropriating $1,294,278 of Federal, State and General Fund Reserve to support overtime costs in the Sheriff's Department for Fiscal Year 2006-2007]

Ordinance appropriating $433,881 Federal revenue, $181,609 State revenue and $678,788 General Fund reserve to support overtime costs related to the staffing of one additional inmate Pod at the San Bruno Jail and increased boarding of prisoners in the Sheriff's Department for Fiscal Year 2006-2007, and placing $667,530 on Controller's reserve pending review of actual overtime expenditures. Mayor, Supervisor Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

061430	[Moratorium on the Granting of New Massage Establishment Permits]
	Ordinance amending the San Francisco Health Code by adding Section 1913.1, to impose a one-year moratorium on the Health Department's granting of new massage establishment permits. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061432

[Clean Construction Ordinance]

Ordinance amending the Administrative Code to add Section 6.25 to require City Contractors to adopt clean construction practices including biodiesel fuel and emissions controls within one year; amending the Administrative Code to add Section 6.67 to allow City departments that are authorized to award public works contracts to compare bids on the basis of clean construction practices; and amending the Environment Code to add Section 411 to urge City departments with off-road construction equipment to apply for funding to retrofit or replace such equipment , to authorize the Department of the Environment to assist local businesses in applying for such funding, and to require annual reporting. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

061438

[Public Works Code - Sidewalk flower-vending stands]

Ordinance amending Public Works Code Sections 156, 157, 159, 160, 161, 162, and 163 to impose a two year-limit on sidewalk flower-vending stand permits and establish a lottery process for subsequent permit issuance for such stands, to clarify application requirements, to add operating conditions for such stands and establish an abandonment period, to delete provisions regarding permit assignment to family members of the permittee, to change the criminal penalty for violations from a misdemeanor to an infraction, and to establish administrative penalties for violations. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

061439	[Raising the amount of the City Attorney's settlement authority regarding claims made by minors from $1,500 to $5,000]
	Ordinance amending the San Francisco Administrative Code, by amending Section 10.22-1 to raise the amount of the City Attorney's settlement authority regarding claims made by minors from $1,500 to $5,000. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

Resolutions

061404	[Increasing the distribution of uniform filing fees to the Law Library provided by the Business and Professions code]
	Resolution increasing the distribution of uniform filing fees provided by Business and Professions Code sections 6321 and 6322.1 to defray Law Library expenses. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

061419

[Resolution of Intention to form the Fisherman's Wharf Portside Community Benefit District]

Resolution (1) declaring the intention of the Board of Supervisors to establish a business-based business improvement district (community benefit district) to be known as the Fisherman's Wharf Portside Community Benefit District and levy a multi-year assessment on identified businesses in the district, (2) approving the management district plan for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing as required by law. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

061420

[Assessment Ballot for City Parcel]

Resolution authorizing the Mayor to cast an assessment ballot in the affirmative on behalf of the City and County of San Francisco as the owner of one parcel of real property that would be subject to assessment in the proposed property and business improvement district to be named the Central Market Community Benefit District. Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

061421	[Mission Hiring Hall's 35th Anniversary]
	Resolution commending Mission Hiring Hall for the outstanding opportunities that it has provided to the local community through its employment services over the past 35 years, giving San Franciscans the opportunity to live a dignified life. Supervisor Daly presented. ADOPTED.

061422	[Grant of Federal Funds - Municipal Transportation Agency]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $24,502,500 of Federal Section 5309 New Starts Capital Assistance for the Third Street-Phase II - Central Subway project, excluding administrative overhead costs. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

061429

[Landmark Designation nomination for seven trees at 4124 23rd Street]

Resolution of intent initiating the nomination of the a 100-year-old Oak Tree, located at 4120 23rd Street for landmark tree status pursuant to Public Works Code Section 810(b), acknowledging the temporary designation of such tree pursuant to Public Works Code Section 810(d), and authorizing other official acts in furtherance of this Resolution. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061431	[Grant of Federal Funds - Municipal Transportation Agency]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $3,693,215 of federal Section 5309 Bus and Bus Facilities funding for design and construction of Muni's Islais Creek Facility and the purchase of Automatic Vehicle Locator (AVL) equipment. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061433	[Accept-Expend Bayview Hunters Point Farmers' Market Grant]
	Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $19,250 from Clear Focus Coaching, Inc., for the purpose of operating a farmers' market in the Bayview Hunters Point (BVHP) community. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061434	[Accept and Expend CALFED Water Use Efficiency Grant Funds]
	Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a CALFED Water Use Efficiency Grant in the amount of $299,390 through the United States Department of the Interior, Bureau of Reclamation. Supervisor Ma presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061435	[Accept-Expend Grant - Juvenile Probation Department]
	Resolution authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $125,000 from the Annie E. Casey Foundation to support juvenile justice reform activities at the Juvenile Probation Department. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061436	[Authorizing Corrections Standards Authority Grant Application]
	Resolution authorizing the application to Department Of Corrections And Rehabilitation Corrections Standards Authority by the San Francisco Juvenile Probation Department to support the Department's efforts to address Disproportionate Minority Contact (DMC). Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061437

[Landmark Designation nomination for tree located at 619 19th Avenue]

Resolution of intent initiating the nomination of the Palm tree located at 619 19th Avenue (Assessor's Block 1625, Lot 005) for landmark tree status pursuant to Public Works Code Section 810(b), acknowledging the temporary designation of such tree pursuant to Public Works Section 810(d), and authorizing other official acts in furtherance of the Resolution. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061440	[Pedestrian Safety -- Intersection of Broadway Street, Columbus Avenue, and Grant Avenue]
	Resolution urging the Department of Parking and Traffic to install a Scramble Signal at the intersection of Broadway Street, Columbus Avenue, and Grant Avenue. Supervisor Peskin presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061441	[Urging BART Board of Directors to reconsider decision to allow alcohol advertising]
	Resolution urging the BART Board of Directors to reconsider its recent decision to permit alcohol advertising in BART stations and trains. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

061442	[Continuing the Ongoing work of the Utility Undergrounding Task Force]
	Resolution continuing the ongoing work of the Utility Undergrounding Task Force to advise the City and County of San Francisco on the future of the utility undergrounding process in San Francisco and to complete its work by October 31, 2006. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

061443	[Supporting Proposition 86, the Tobacco Tax Act]
	Resolution supporting Proposition 86, the Tobacco Tax Act. Supervisor Ma presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

061445	[Commending California State Senate Assistant President Pro Tempore Jackie Speier]
	Resolution commending California State Senator Jackie Speier for nearly three decades of legislative service. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

061446	[Proclaiming October 24, 2006 as Stoney, A Clown Who Rabble Rouses in Defense Of Free Speech, Day]
	Resolution proclaiming October 24, 2006 as Stoney Day. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

061423	[Revenue collection and the lack of revenue coming from various parking zones]
	Hearing to discuss revenue collection and the lack of revenue coming from various parking zones. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

061424	[Revenue losses associated with the use of white zones for valet parking]
	Hearing to discuss the revenue losses associated with the use of white zones for valet parking and to establish a fee to recover said lost revenues. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

061425	[Constant double parking and passenger loading and unloading in the white zone - Kaiser Permanente building at 2238 Geary Boulevard]
	Hearing to discuss the potentially dangerous situation presented due to constant double parking and passenger loading and unloading in the white zone at the Kaiser Permanente building at 2238 Geary Boulevard. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061426	[Westfield Center]
	Hearing to evaluate the legality of the new Westfield Center general advertising sign that has been constructed on the south side of the building located at 1755 Market Street (aka 10-16 Valencia Street) facing the exiting traffic from the Central Freeway onto Octavia Boulevard. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

Motions

061418	[Providing policy direction to the Office of the Clerk of the Board of Supervisors regarding public access to its records]
	Motion providing policy direction to the Office of the Clerk of the Board of Supervisors regarding public access to its records. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee. Sponsor requests for a Committe hearing on the subject matter.

061444	[Waiver permitting City Employees to Assist the Department of Elections with the November 7, 2006 election]
	Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the November 7, 2006 election. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Introduced by the President at the Request of Departments

PROPOSED ORDINANCES

061359

[Settlement of Lawsuit - CCSF v. William D. Spencer, F. W. Spencer & Son, Inc., et. al.]

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against William D. Spencer, F.W. Spencer & Son, Inc., Brisbane Mechanical Company, Bruce Bonar, Lou Thomas, William McGahan (together, the "Spencer Parties"), A. Answer, Inc. and Troy's Contracting, Inc. on January 16, 2004 in San Francisco Superior Court, Case No. CGC – 04-429249, entitled, City and County of San Francisco et. al. v. F. W. Spencer & Son, Inc. et. al., with (a) the Spencer Parties paying $2,000,000 by January 24, 2007, and dismissing its actions and cross-actions against the City and others and the Spencer Parties releasing all claims on the Moscone Center Expansion Project and The San Francisco Jail Replacement No. 3 Project ; and (b) A. Answer, Inc. and Troy's Contracting, Inc. paying $124,000 within 60 days of final approval of this settlement. The Spencer Parties' action was brought against San Francisco, City Attorney Dennis Herrera and others, and was coordinated as part of the California Judicial Council Coordination Proceeding No. 4379. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

061360	[Setting speed limit on portions of Kezar and John F. Kennedy Drives]
	Ordinance amending the Traffic Code by adding a new Section 175.07, establishing a speed limit of 30 MPH on Kezar Drive between Lincoln Way and John F. Kennedy Drive, and on John F. Kennedy Drive between Kezar Drive and Stanyan Street. . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

PROPOSED RESOLUTIONS

061361

[Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
990 Greenwich Street, from 7.4 feet to 16 feet east of Jones Street, accommodating two motorcycle parking spaces.

RESIDENTIAL PERMIT PARKING AREA "W" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
22nd Street, both sides, between Bryant and Florida Streets.

RESIDENTIAL PERMIT PARKING AREA "H" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
20th Avenue, both sides, between Eucalyptus Drive and Ocean Avenue (3000 block).

RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM TO 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH
Cesar Chavez Street, both sides, between Noe and Sanchez Streets (4000 block).

NO PARKING ANYTIME - ESTABLISH
Shotwell Street, west side, from Cesar Chavez Street to 102 feet south of 26th Street.

NO PARKING (RED ZONES) ANYTME - ESTABLISH
Broadway, south side, from Columbus Avenue to 65 feet easterly (6-foot extension of sidewalk;
Broadway, north side, 57 feet west of Kearny Street (6-foot extension of the sidewalk); and,
Broadway, south side, 52 feet west of Kearny Street (6-foot extension of the sidewalk)

TOW AWAY, NO STOPPING, 7 AM TO 9 AM, MONDAY THROUGH FRIDAY – RESCIND
TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Columbus Avenue, west side, from Broadway to 60 feet northerly.

UNMETERED MOTORCYCLE PARKING - ESTABLISH
Waller Street, north side, from the driveway of 530 Waller Street to the driveway of 532 Waller Street (18-foot space, accommodating 5 unmetered motorcycle parking spaces).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
16th Street, north side, from Bryant Street to 80 feet easterly (80-foot zone to create a right-turn only pocket).

TOW-AWAY, NO STOPPING AND TRANSIT LANE ONLY, 4 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Harrison Street, north side, from the Embarcardero to First Street

RESIDENTIAL PERMIT PARKING AREA "Y" (2 HOUR PARKING TIME LIMIT, 9 AM TO 10 PM, EVERYDAY) - ESTABLISH
Harrison Street, south side, between Fremont and Spear Streets (currently
unregulated);
Spear Street, west side, from Harrison Street to 140 feet southerly (currently
unregulated);
Main Street, both sides, between Harrison and Bryant Streets (currently unregulated);
Beale Street, both sides, between Bryant and Harrison Streets (replaces existing
signed time limits); and,
Beale Street, west side, between Harrison and Folsom Streets (replaces existing
signed time limits).

PARKING METER AREA 1 (2-HOUR PARKING TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Harrison Street, north side, between Fremont and Spear Streets (currently unregulated);
Spear Street, east side, from Harrison Street to 140 feet southerly (currently unregulated);
Harrison Street, south side, between The Embarcadero and Spear Streets (replaces signed time limit);
Beale Street, east side, between Folsom and Harrison Streets (currently unregulated)
Townsend Street, both sides, between 2nd Street and Colin P. Kelly Jr. Street (replaces 2 -hour signed time limit);
Brannan Street, both sides, between 2nd Street and Colin P. Kelly Jr. Street (replaces 2 -hour signed time limit); and,
2nd Street, west side, between King and Townsend Streets (currently unregulated).

TOW-AWAY, NO PARKING, 3:30 TO 7:00 PM, MONDAY THROUGH FRIDAY – ESTABLISH
Beale Street, west side, from Bryant Street to 50 feet northerly (50 foot zone).

TOW-AWAY, NO STOPPING ANYTIME – ESTABLISH
Beale Street, west side, from 50 feet to 230 feet north of Bryant Street (180 foot zone).

PERPENDICULAR PARKING – RESCIND
Beale Street, east side, from 300 feet to 353 feet south of Folsom Street and from 620 feet to 764 feet south of Folsom Street; and,
Beale Street, west side, from Bryant Street to 630 feet northerly (north end of Harrison Overpass).

PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH
Pierce Street, west side, between Jackson Street and Pacific Avenue (legislates existing conditions).

TOW-AWAY, NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY RESCIND
California Street, north side, from Kearny Street to Mason Street.

PARKING METER AREA NO. 3 (2-HOUR PARKING TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
California Street, both sides, between Powell and Mason Streets. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061362

[STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
22nd Avenue and Moraga Street, stopping 22nd Avenue, making this intersection an All-Way STOP;
Peru Avenue and Athens Street, stopping eastbound Peru Avenue, the stem of this T-intersection;
Circular Avenue and Havelock Street, stopping southbound Circular Avenue (legislates existing conditions);
Dorantes Avenue at Magellan Avenue, stopping Dorantes Avenue, making this T-intersection an All-Way STOP; and,
Brighton Avenue at Lakeview Avenue, stopping southbound Brighton Avenue, the stem of this T-intersection. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061363

[Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

RIGHT LANE MUST TURN RIGHT - ESTABLISH
Columbus Avenue, west side, from Broadway to 60 feet northerly.

ONE WAY STREET – RESCIND
Beale Street, between Bryant and Folsom Streets.

BIKE LANE (SOUTHBOUND) – ESTABLISH
Beale Street, west side, between Bryant and Folsom Streets. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

061391	[Contract With Anticipated Expenditure in Excess of $10 Million]
	Resolution approving the Fourth Amendment to the Agreement between the City and County of San Francisco (Purchaser) and Sunset Scavenger Company (Contractor) for hauling services, resulting in total compensation to the Contractor in an amount not to exceed $10,480,000, pursuant to San Francisco Charter Section 9.118(b). (Purchaser) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED MOTIONS

061387	[Appoinment, Planning Commission]
	Motion approving the Mayor's appointment of Marilyn Sue Lee to the Planning Commission term ending July 1, 2010. Mayor presented. RECEIVED AND ASSIGNED to Rules Committee.

061388	[Appointment, Planning Commission]
	Motion rejecting the Mayor's appointment of Marilyn Sue Lee to the Planning Commission term ending July 1, 2010. Mayor presented. RECEIVED AND ASSIGNED to Rules Committee.

061389	[Reappointment, Planning Commission]
	Motion approving the Mayor's reappointment of William L. Lee to the Planning Commission term ending July 1, 2010. (Mayor) . RECEIVED AND ASSIGNED to Rules Committee.

061390	[Reappointment, Planning Commission]
	Motion rejecting the Mayor's reappointment of William L. Lee to the Planning Commission term ending July 1, 2010. . RECEIVED AND ASSIGNED to Rules Committee.

Clerk to Act – October 17, 2006

Board Minutes for September 9, 2006 and September 26, 2006 approved.

Requests Granted