Board of Supervisors : January 23, 2007

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
January 23, 2007

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

070076	[Appointing Road Commissioner - Fred V. Abadi, Ph.D]
	Ordinance appointing Fred V. Abadi, Ph.D., Director of Public Works, Road Commissioner for the City and County of San Francisco, and repealing Ordinance 18-02. Mayor presented. RECEIVED AND ASSIGNED to Rules Committee.

070077

[Approval of agreement with EarthLink, Inc. for a City-wide wireless broadband Internet access network]

Ordinance approving an agreement with EarthLink, Inc. to, manage, operate and install in the City rights of way a City-wide wireless broadband Internet access network that provides free or affordable internet access for San Francisco residents, allocating revenues received by the City under the agreement to a fund to promote Digital Inclusion, and making General Plan and environmental findings. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070078

[Healthy Products, Healthy Children Ordinance]

Ordinance amending the San Francisco Health Code by re-numbering and amending Sections 34.1 through 34.3 and adding new Sections 34.1, 34.2, and 34.6 through 34.9, to: re-state the ban on toys, child care products, and child feeding products made with certain phthalates; repeal the ban on toys, child care products, and child feeding products made with Bisphenol-A, pending State action; add a new title and findings; provide for implementation and enforcement, including administrative and criminal penalties; and, add disclaimer of liability and severability clauses. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070080	[Prohibiting mobile catering trucks from operating near public schools]
	Ordinance amending the San Francisco Police Code to prohibit operators of mobile catering vehicles from selling within 1500 feet of a public middle school, junior high school, or high school. Supervisors Elsbernd, Maxwell presented. ASSIGNED UNDER 30 DAY RULE to City and School District Select Committee.

070082	[Pedestrian Safety Advisory Committee - Membership]
	Ordinance amending the San Francisco Administrative Code by amending Article IV, Sections 5.20 to reconstitute the membership of the Pedestrian Safety Advisory Board and making clerical, corrective changes. Supervisor Jew presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

070083	[Public Works Construction - Use of Recycled Content Materials]
	Ordinance amending Chapter 6 of the Administrative Code by amending Section 6.4 to require recycled content materials to be used in public works and improvements to the maximum extent feasible. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070084	[Shelter Monitoring Committee]
	Ordinance amending section 20.304 of the San Francisco Administrative Code to require City departments to respond to reasonable requests for information from the Shelter Monitoring Committee. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Rules Committee.

070085

[Plastic Bag Reduction Ordinance]

Draft ordinance amending the San Francisco Environment Code by adding Chapter 17, sections 1701 through 1709, to: (1) require the use of compostable plastic and/or recyclable paper checkout bags by grocery stores located in the City and County of San Francisco; and (2) provide penalties for violation. Supervisors Mirkarimi, Ammiano presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

070090	[Police Charity Audits]
	Ordinance amending the San Francisco Police Code Section 660.4-1 requiring the Controller to audit financial statements of charitable organizations submitted pursuant to Section 660.3(e) of the Police Code. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Select Committee on Ending Gun and Gang Violence.

Resolutions

070067	[Commending Sam Dodge]
	Resolution commending Sam Dodge for his tireless advocacy, inspiring leadership and persistent efforts to empower and improve the lives of low-income tenants in the Tenderloin and South-of-Market neighborhoods. Supervisor Daly presented. ADOPTED.

070075

[Multifamily Housing Revenue Bonds - Hotel Essex Apartments]

Resolution authorizing the issuance and delivery of multifamily housing revenue bonds (as defined herein) in an aggregate principal amount not to exceed $13,000,000 for the purpose of providing financing for a multifamily rental housing project; approving the form of and authorizing the execution of an indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a financing agreement; approving the form of and authorizing the execution of a bond purchase agreement; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this resolution; and related matters. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070079	[Approving Nonprofit Performing Arts Loan Program Rules and Regulations]
	Resolution approving Rules and Regulations for the Nonprofit Performing Arts Loan Program. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070081	[Interim Zoning requiring conditional use for demolition of a residential structure]
	Resolution imposing interim zoning controls to require conditional use authorization for demolition of a residential structure for a six (6) month period and making a determination of consistency with the priority policies of Planning Code Section 101.1. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070086	[Temporary "Street Closure to Vehicular Traffic" on O'Farrell St. between Steiner and Fillmore]
	Resolution enacting temporary "Street Closure to Vehicular Traffic" regulation on O'Farrell Street between Steiner Street and Fillmore Street from 7 A.M. to 2 P.M. on every Saturday between April 28, 2007 and November 17, 2007. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070091	[STOP Intersections]
	Resolution designating certain intersections as "STOP" intersections. STOP SIGNS - ESTABLISH San Jose Avenue and Santa Ynez Avenue, stopping San Jose Avenue, making this intersection an all-way STOP. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070092	[Add Sunday hours at neighborhood branch libraries]
	Resolution urging the Library Commission to add Sunday hours at neighborhood branch libraries. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070093	[Reinstatement of City issued Medical Cannabis Identification Cards]
	Resolution urging the Department of Public Health to abandon the State of California Medical Marijuana Identification Card (MMIC) program and to reinstate the local medical cannabis program that had been in existence prior to the State mandated program in 2006. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070094	[Urging the United States Congress to pass Comprehensive Immigration Reform]
	Resolution urging the United States Congress to pass Comprehensive Immigration Reform. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070095	[Urging the Department of Public Works to reconsider its decision to drastically increase the frequency of street cleaning patrols in District 9]
	Resolution urging the Department of Public Works to reconsider its decision to drastically increase the frequency of street cleaning patrols in District 9. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070096

[Urging Closure of Potrero Power Plant]

Resolution urging Mirant Corporation to commit to the City now that it will permanently close the Potrero Power Plant when the Reliability Must Run contract for the facility is removed, and urging Mirant to divest itself of ownership of the site, and reaffirming the City's commitment to closing the Potrero Power Plant as soon as feasible, and urging all interested State and Federal agencies to facilitate the closure of the Potrero Power Plant, so that the site may be developed in a manner more in harmony with surrounding neighborhoods and sound public and environmental health. Supervisors Maxwell, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070097	[Declaring July 14, 2007 as Pets Unlimited Day]
	Resolution declaring Saturday, July 14, 2007 as Pets Unlimited Day. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070098

[Grants to support the agriculture program in San Francisco]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to retroactively accept and expend two grants from the California Department of Food and Agriculture in the amounts of $63,888 and $42,076 (for a total of $105,964) in support of the Pierce's Disease Control Program and the High Risk (Pest Exclusion) Program for the period of July 1, 2006 to June 30, 2007. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070099

[Redevelopment of Candlestick Point and the Hunters Point Shipyard for an integrated mixed-use project, including possibly a new 49ers stadium.]

Resolution endorsing that efforts of the City, the Redevelopment Agency and Lennar Corporation to generate a conceptual proposal for a mixed-use development on Candlestick Point and Hunters Point Shipyard that includes the possibility of a new state-of-the-art stadium and associated parking for the San Francisco 49ers and that will provide parks and open space, jobs, affordable housing and other tangible economic and other public benefits for the Bayview Hunters Point community a soon as possible, and urging the Redevelopment Agency to work with the City to amend its exclusive negotiations agreement with Lennar/BVHP Partners for the Hunters Point Shipyard to provide for an integrated redevelopment project on Candlestick Point and the Shipyard. Supervisors Peskin, Maxwell, Dufty, Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearing

070068	[Controller's Audit of the Office of Citizens Complaints]
	Hearing on the Controller's Audit of the Office of Citizens Complaints. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070069	[Ethics Commission's readiness for Mayor's race in 2007]
	Hearing on Ethics Commission's readiness for Mayor's race in 2007. This hearing will review the capacity of the Ethics Commission to review filings from candidates for Mayor and oversee the public financing process for the 2007 Mayor's race. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee.

070070	[Confiscated Weapons Tracing as a Strategy to Prevent Gun Violence]
	Hearing to consider the strategies employed by the Los Angeles Sheriff to trace weapons confiscated from known gang members as a violence prevention tool. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Select Committee on Ending Gun and Gang Violence.

070071	[Budget Analyst audit of the Department of Public Works]
	Hearing to discuss the Budget Analyst audit of the Department of Public Works. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070072	[PUC - Redundancy in Hiring and Contracting Practices]
	Hearing to examine hiring and contracting related to the Water Bond projects with an emphasis on redundancies that could be eliminated to reduce project costs and lessen the need for a future supplementary bond request. Supervisor Jew presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070073	[PUC Bond Oversight Committees]
	Hearing request on the following subject matter: 1) Interaction and jurisdictions of the PUC's Revenue Bond Oversight Committee, Rate Fairness Board, and Citizens' Advisory Committee; 2) Functioning of each body; 3) Public reporting requirements of each body. Supervisor Jew presented. RECEIVED AND ASSIGNED to Rules Committee.

070074	[Allegations made by a local television station that Parking Control Officers' are conspiring to avoid parking regulations]
	Hearing on the allegations made by a local television station that Parking Control Officers' are conspiring to avoid parking regulations. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Motion

070087	[Amending the Board's Rules to rename the Select Committee on Gun and Gang Violence to the Public Safety Committee, and establishing it as a standing committee of the Board]
	Motion amending Rule 5.8 of the Board of Supervisors' Rules of Order to renaming the Select Committee on Ending Gun and Gang Violence to the Public Safety Committee, and establishing it as a standing committee of the Board. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

070088	[Extending the Joint City and School District Committee for one year]
	Motion amending Rule 5.7 of the Board of Supervisors' Rules of Order to extend the term of the Joint City and School District Select Committee for one year. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

070089

[Grant Application Procedures]

Motion amending the Rules Order of the Board of Supervisors to revise Rule 2.7 to reflect San Francisco Administrative Code Sections 10.170 and 10.170-1 that require Board review of proposed annual or otherwise recurring grant applications of $5,000,000 or more prior to their submission and, that any grant resulting in the creation of new City positions be approved by an ordinance that includes an appropriate amendment to the annual salary ordinance. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

070005

[Settlement of Lawsuit - Pacific Gas and Electric Company v. CCSF]

Ordinance authorizing settlement of the lawsuit filed by Pacific Gas & Electric ("PG&E") against the City and County of San Francisco for $6,700; the lawsuit was filed on May 4, 2005 in San Francisco Superior Court, Case No. CGC-05-440982; entitled Pacific Gas and Electric Company v. City and County of San Francisco; other material terms of said settlement are set forth in the Stipulated Judgment and Final Order of Condemnation, contained in Board of Supervisors File No. 070005. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

070034

[Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

TOW-AWAY NO STOPPING, 4 PM TO 6 PM, MONDAY THROUGH FRIDAY - RESCIND
TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Howard Street, north side, from 9th Street to 200 feet easterly

TOW-AWAY NO STOPPING, 3 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH
9th Street, east side, from Howard Street to Tehama Street (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070035	[Traffic Regulations]
	Resolution enacting and rescinding traffic regulations on various streets. MULTIPLE RIGHT TURN LANES - RESCIND RIGHT LANE MUST TURN RIGHT - ESTABLISH Howard Street, westbound, at 9th Street BICYCLE LANES - ESTABLISH Howard Street, between 9th Street and 200 feet easterly (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070036

[Parking Regulations]

Resolution enacting and rescinding parking regulations at various locations.

RESIDENTIAL PERMIT PARKING AREA "D" - ESTABLISH
Baden Street, west side, between Mangels to the northern terminus (400 block) (includes addresses, but no signs will be posted).

UNMETERED MOTORCYCLE PARKING - ESTABLISH
8th Street, east side, from 52 feet to 78 feet south of Heron Street (26 foot zone, accommodating 6 unmetered motorcycle spaces); and,
15th Street, north side, from Market Street to 20.5 feet easterly (18-foot space, accommodating 5 unmetered motorcycle spaces).

TOW-AWAY, NO PARKING ANYTIME - ESTABLISH
Carolina Street south side, between Wisconsin Street and Caire Terrace (65-foot zone).

RESIDENTIAL PERMIT AREA "R" (2-HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH SATURDAY) - ESTABLISH
Gough Street, west side, between Fulton and Grove Street (replaces 1-Hour signed time limit).

RESIDENTIAL PERMIT PARKING AREA "F," 9 AM TO 4 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Spruce Street, east side, from California Street to 140 feet northerly; and,
California Street, south side, from Parker Avenue to 110 feet easterly.

NO PARKING, 7 AM TO 8 AM, MONDAY THROUGH FRIDAY - RESCIND
Maple Street, both sides, between California and Sacramento Streets.

PARKING METER AREA 3 (2 HOUR TIME LIMIT, 9 AM TO 6 PM, MONDAY THROUGH
SATURDAY) - ESTABLISH
California Street, north side, between Spruce and Cherry Streets;
California Street, south side, between Spruce Street and 110 feet east of Parker Avenue;
Gough Street, east side, between Grove and Fulton Streets;
Presidio Avenue, west side, from California Street to Pine Street;
Stanyan Street, east side, from Haight Street to 90 feet southerly; and,
19th Street, north side, from 80 feet to 110 feet west of Castro (to accommodate installing three motorcycle parking meters).

NO PARKING, MIDNIGHT TO 6:00 A.M., EVERYDAY - ESTABLISH
Alice B. Toklas Place, south side, from 24 feet east of Van Ness Avenue to 130 feet easterly (100 block).

TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH
Stevenson Street, south side, from 5th Street to 100 feet westerly; and,
Marin Street, north side, from Kansas Street to 50 feet westerly.

TOUR BUS PARKING - RESCIND
Mint Street, east side, between Mission and Jessie Streets. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070037

[STOP Intersections]

Resolution designating certain intersections as "STOP" intersections.

STOP SIGNS - ESTABLISH
Front and Green Streets, stopping Front Street, making this intersection an All-Way STOP;
Beaver Street at Noe Street, stopping the stem of this T-intersection;
Sweeny at Merrill Street, making this intersection an All-Way STOP;
Northbound London Street at Avalon Avenue, stopping the stem of this T-intersection;
Northbound Paris Street at Avalon Avenue, stopping the stem of this T-intersection;
Flood Avenue at Circular Avenue, stopping the stem of this T-intersection;
Hearst Avenue at Circular Avenue, stopping the stem of this T-intersection; and,
Staples Avenue at Circular Avenue, stopping the stem of this T-intersection. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070038

[Traffic Regulations]

Resolution enacting and rescinding traffic regulations on various streets.

RIGHT LANE MUST TURN RIGHT EXCEPT TRANSIT - ESTABLISH
Fulton Street, eastbound,at Stanyan Street.

NO LEFT TURN, 11 AM TO 6 PM, EVERYDAY - RESCIND
NO LEFT TURN, 7 AM TO 7 PM, EVERYDAY - ESTABLISH
Fulton Street, eastbound, at Stanyan Street.

NO LEFT TURN, 11 AM TO 6 PM, EVERYDAY - RESCIND
NO LEFT TURN, 3 PM TO 7 PM, MONDAY THROUGH FRIDAY - ESTABLISH
Fulton Street, westbound, at Stanyan Street.

ONE-WAY STREET - ESTABLISH
Sala Terrace, from Huron Street toward Ellington Street.

ONE-WAY STREET (NORTHBOUND) - RESCIND
ONE-WAY STREET (SOUTHBOUND) - ESTABLISH
Ritch Street, between Brannan and Townsend Streets (300 block) (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Clerk to Act – January 23, 2007

Board Minutes for January 8, 2007 approved.

Requests Granted

From: Supervisors Dufty and Daly
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to prepare legislation needed to amend Municipal and State codes to authorize a photo enforcement program, similar in methodology and fine structure to San Francisco's Red Light Camera Photo-Enforcement program.

From: Supervisor Dufty
To: Chief, SFPD
To: SF Police Commission

Requesting/Inquiring: Inquiring if the Chief of Police and the San Francisco Police Commission can advise strategies being employed by the Los Angeles Sheriff to trace weapons used in gang-related violence can be replicated in San Francisco.

From: Supervisor McGoldrick
To: Director, Planning Department
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Planning Department and the Department of Public Works to report on the status of removing the following general advertising signs from the following locations: 566 & 568 – 41^st Ave., 498 – 9^th St. (South Wall), and 333 Broadway (East Wall).

From: Supervisor Mirkarimi

To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti on the STOP signs at the following locations:

Northeast corner of 6^th Avenue and Parnassus
Southeast corner of Irving and 12^th Avenue (front and back)
Northeast corner of Kirkham and Funston
Northeast corner of 15^th Ave and Lincoln

From: Supervisor Mirkarimi
To: Director, Department of Parking and Traffic

Requesting/Inquiring: Requesting the Department of Parking and Traffic to report on the status of removing graffiti on the parking signs located on both sides of the street (unless otherwise noted), at the following locations:

Cole Street between 17^th Street and Gratten
Irving Street between 19^th and 5^th Avenue
5^th Avenue between Irving and Lincoln
7^th Avenue between Lincoln and Kirkham
Kirkham between 15^th and 17^th Avenues
Laguna Street between Oak and Grove
Fillmore Street between Oak and Fulton
Fillmore Street between Post and Bush
Webster Street between Sutter and California
Steiner Street between Post and Pine
Pierce Street between Geary and Pine
Bush Street between Webster and Gough
Golden Gate Street between Fillmore and Gough