Board of Supervisors : January 30, 2007

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
January 30, 2007

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

070117	[Administrative Code Revision: Health Service System]
	Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco Municipal (Administrative) Code by amending Section 16.703 regarding Board approval of Health Service System Plans and Contribution Rates. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070120

[Transition Period for Implementation of Paid Sick Leave Ordinance]

Ordinance adding Section 12W.17 to the Administrative Code to establish 120-day Transition Period (from February 5 through June 5, 2007) to implement Paid Sick Leave Ordinance, by providing that (1) an employer may delay payment of required paid sick leave until June 6, 2007, and (2) administrative penalties, compensatory costs to the City, liquidated damages, and attorneys' fees may not be awarded for a failure to pay required sick leave during the Transition Period. Supervisors Elsbernd, Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

070122

[Conflict of Interest Code Amendments]

Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.102.5, 3.1-105, 3.1-120, 3.1-145, 3.1-150, 3.1-155, 3.1-160, 3.1-175, 3.1-195, 3.1-205, 3.1-207, 3.1-218, 3.1-230, 3.1-242, 3.1-245, 3.1-252, 3.1-265, 3.1-267, 3.1-270, 3.1-275, 3.1-285, 3.1-312, 3.1-315, 3.1-320, 3.1-325, 3.1-335, 3.1-340, 3.1-345, 3.1-350, 3.1-365, 3.1-375, 3.1-390, 3.1-395, 3.1-420, 3.1-435, 3.1-440, 3.1-445, and 3.1-500; renumbering sections 3.1-252, 3.1-265, and 3.1-375 as sections 3.1-255, 3.1-362 and 3.1-252, respectively; deleting sections 3.1-109, 3.1-168, 3.1-170, 3.1-220, 3.1-222, 3.1-290, 3.1-400, 3.1-423, and 3.1-430; and adding sections 3.1-108, 3.1-193, 3.1-251, 3.1-253, and 3.1-457, all to update the list of designated employees who must file financial disclosure statements, to modify the applicable disclosure categories, and to clarify that consultants for each City agency must file financial disclosures in disclosure category 1 unless the agency's director has indicated otherwise. (Clerk of the Board) . ASSIGNED UNDER 30 DAY RULE to Rules Committee.

070123	[Appropriating $641,973 of General Fund Reserve to backfill reduced federal funding for A.I.D.S. Services for the Department of Public Health for Fiscal Year 2006-2007]
	Ordinance appropriating $641,973 of General Fund Reserve to backfill the reduction of earmarked A.I.D.S. services funding from the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, in the Department of Public Health for Fiscal Year 2006-2007. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070124	[Prohibition on Use of Public Funds for Calendars]
	Ordinance amending section 3.232 of the Campaign and Governmental Conduct Code to prohibit the use of City funds to design, produce, create, mail, send, or deliver printed calendars. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

070126

[Wild parrots of Telegraph Hill - Tree preservation adjacent to 233 Greenwich Street]

Ordinance waiving certain provisions of Public Works Code Section 809 to assume responsibility for the preservation of two (2) Monterey Cypress trees adjacent to 233 Greenwich Street (Assessor's Block 85, Lot 32) that provide habitat for the wild parrots of Telegraph Hill, including pruning and removal as set forth herein, imposing specified tree replanting requirements on the property owner of 233 Greenwich Street in furtherance of Public Works Code Section 809's tree replacement provisions; authorizing the Director of Public Works to enter into a sole source agreement with Ted Kipping, Tree Shapers, LLC, for professional services relating to the pruning of said trees; accepting a gift from the Northeast San Francisco Conservancy to offset the cost of pruning the trees; and authorizing official acts in connection thereto. Supervisor Dufty presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. Sponsor requests that the item be sent to Land Use Committee.

070127	[Appropriating $100,000 of General Fund Reserve to develop a Comprehensive A.I.D.S. Planning Process in the Department of Public Health for Fiscal Year 2006-2007]
	Ordinance appropriating $100,000 of General Fund Reserve to develop a Comprehensive A.I.D.S. Planning Process for the City and County of San Francisco in the Department of Public Health for Fiscal Year 2006-2007. Supervisors Dufty, Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070128

[Landmark Designation nomination for seven trees at 3184 Market Street]

Resolution of intent initiating the nomination of the two Flowering Eucalyptus trees, three Monterey Cypress trees, and two Deodar Cedar trees located at 3184 Market Street (Aka 341 Corbett 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.

070133

[Limiting exemptions from, and clarifying the scope and collection of, the Transit Impact Development Fee]

Ordinance amending Chapter 38 of the Administrative Code by (1) amending Sections 38.1 and 38.3, and adding a new Section 38.3-1 to limit the exemption from the current Transit Impact Development Fee (TIDF) for projects for which an application for environmental review or a categorical exemption was submitted on or before April 1, 2004, to instances in which a building permit was issued before January 1, 2007 and requiring that such exempt projects that would otherwise have been subject to the former TIDF pay a fee on new office space only equivalent to the amount that would be due for office space under the current TIDF ordinance; (2) amending Section 38.1 to clarify the definitions of "Gross Floor Area" and "Retail/Entertainment;" (3) amending Section 38.3 to correct an unintended exclusion for art spaces; (4) amending Section 38.5 to specify that the TIDF due for a project is based on the fee in effect on the date of payment; and (5) amending Section 38.6 to clarify when credit may be available for a prior use being eliminated, and that any credit against the amount of the TIDF based on prior use cannot exceed the amount of the TIDF due. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

070134	[Golden Gate Park-Authorization to Construct Skate Park]
	Ordinance making environmental findings and authorizing the creation of a skate park in the area known as "the horseshoe pits" pursuant to Charter Section 4.113. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

070135

[Recreation and Park-Deadline for Hamilton Playground design]

Ordinance amending Ordinance 79-06 which appropriated General Fund money for certain Recreation and Park capital projects and set a deadline of February 28, 2007, for the completion of the design phase of the Hamilton Playground, Recreation Center and Pool, to extend the deadline for the design phase of the Hamilton Playground, Recreation Center and Pool to May 15, 2007. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070136

[Appropriation of Assessments Levied for Three Business Improvement Districts Established During Fiscal Year 2006-2007]

Ordinance amending the Fiscal Year 2006-2007 Annual Appropriation Ordinance by adding Section 30.7, to appropriate revenues collected from special assessments for disbursement to the respective nonprofit owners' associations for administration of the three property and/or business-based business improvement districts established in San Francisco during Fiscal Year 2006-2007 (i.e., the Fillmore Jazz, Central Market, and Fisherman's Wharf Portside Community Benefit Districts), for authorized purposes. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

Resolutions

070040	[Department of Elections contract for new voting system]
	Resolution approving the award and execution of a $12.6 million four-year contract by the City and County of San Francisco, through its Department of Elections, to Sequoia Voting Systems, Inc., for the purchase of a new voting system and provision of associated voting services. (Elections Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

070118	[Establishing Monthly Contribution Amount]
	Resolution establishing monthly contribution amount to Health Service Trust Fund. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070119	[Urging the San Francisco Unified School District to reevaluate their proposed FY 2007-2008 Prop H spending plan]
	Resolution urging the San Francisco Unified School District (SFUSD) to reevaluate their proposed FY 2007-2008 Prop H spending plan in order to consider substantially increasing the amount of in-kind services requested. Supervisors Elsbernd, Peskin, Jew, Alioto-Pier presented. RECEIVED AND ASSIGNED to City and School District Select Committee.

070121	[Confirming the appointment of Cameron Beach to the Municipal Transportation Agency Board of Directors, term ending March 1, 2011]
	Resolution confirming the appointment of Cameron Beach to the Board of Directors of the Municipal Transportation Agency for a four-year term ending March 1, 2011. Mayor presented. RECEIVED AND ASSIGNED to Rules Committee.

070129	[Grant of Federal Funds - Municipal Transportation Agency]
	Resolution authorizing the Municipal Transportation Agency to accept and expend $785,223 of federal Section 5309 Bus and Bus Facilities funding for design and construction of improvements to the Glen Park Intermodal Facility/Adjacent Areas. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070130	[Establishing the Children's Collaborative Task Force]
	Resolution establishing the Children's Collaborative Task Force. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee.

070131

[Accept-Expend State Grant - Mayor's Office of Criminal Justice (MOCJ)]

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend funds in the amount of $1,913,199 from the State Corrections Standards Authority (CSA), from funds made available under Senate Bill 736 - known as the Juvenile Justice Crime Prevention Act (JJCPA) - for programs and approaches that have been demonstrated to be effective in reducing delinquency, for the period of July 1, 2006 to June 30, 2007. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070132

[Repression of Human Communication]

Resolution urging the City and County of San Francisco to beseech Google to establish a set of standards to enforce policies to protect freedom of access to the Internet across the globe, and for Google to cease its current policy of appeasement and complicity with repressive regimes in limiting the free exchange of ideas of its citizens. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070137	[Common use policy for cargo handling facilities]
	Resolution urging the Airport Commission to institute a 'Common Use Policy' for cargo handling facilities with consideration of leasing cargo space to cargo handlers. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070138	[Public Information Officer Conduct Standards]
	Resolution establishing standards for the conduct of the City's Public Information Officers. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Rules Committee.

070142	[Resolution of Local Support]
	Resolution of Local Support of the Valencia Streetscape Improvements Project. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070143	[Resolution authorizing the use of the seal of the City and County of San Francisco for a music event.]
	Resolution authorizing the use of the Official Seal of the City and County of San Francisco by Talking House Productions in the promotion of an event to be held on March 16, 2007 at the SXSW Music and Media Conference in Austin, Texas. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070144	[West Portal Branch Library reopening]
	Resolution recognizing the re-dedication of the West Portal Branch Library and commending the San Francisco Public Library and its team for their hard work and commitment to San Francisco and its residents. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070145	[Congratulating Gateway High School on being selected as an exemplary charter school.]
	Resolution congratulating Gateway High School on being selected as an exemplary charter school. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070146

[Congressional Hearing on the Value of Safe and Legal Access to Medical Cannabis]

Resolution condemning the Drug Enforcement Administration's actions to block safe access to medical cannabis patients and urging the Speaker of the House Nancy Pelosi to open a congressional hearing on the value of safe access to medical cannabis and respect for local jurisdiction's policy and regulation of medical cannabis dispensaries. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070147

[Accept-Expend Grant - Mayor's Office of Criminal Justice (MOCJ)]

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to retroactively accept and expend a grant in the amount of $25,000 from the Open Society Institute of the Soros Foundation for the purpose of exploring potential alternatives to the California Youth Authority/Division of Juvenile Justice for San Francisco youth. Supervisor Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Request for Hearing

070110	[Creating a City Owned Fiber Network]
	Hearing to discuss the feasibility of creating a city owned fiber network. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests that the item be referred to Budget and Finance Committee.

070111	[Implementation of the Health Access Plan (HAP)]
	Hearing to discuss the current status of implementation of the Health Access Plan (HAP). Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests that the item be referred to Budget and Finance Committe.

070112	[Community Choice Aggregation Program]
	Hearing to review the status of the Community Choice Aggregation Program. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. Sponsor requests that the item be scheduled in the Budget and Finance Committee and requesting the Clerk of the Board to notify the Director and the President of the Public Utilities Commission of this hearing.

070113

[Communities of Opportunity Program (COO)]

Hearing on the status of the Communities of Opportunity Program (COO). What are the performance goals of the Communities of Opportunities and how has COO met these goals? For current fiscal year, what is the appropriation for COO and how much has been expended? How many FTEs and what job classes are appropriated for COO and how many have been filled? What are the job descriptions for these positions? What are the Administration's plans for COO for the next fiscal year? Who are COO's community partners and how are they accountable to the overall mission of the program? In regards to employment training how is the City safeguarding the workplace safety of COO participants? Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070114	[Investigate the "high pitched, ear splitting alarm" that is used on the MUNI Metro trains]
	Hearing to investigate the "high pitched, ear splitting alarm" that is used on the MUNI Metro trains and to see if an alternative and less offensive prevention tool can be used to ensure the safety of MUNI's passengers that are both boarding and exiting the vehicle. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070115

[Department of Public Works' banner program]

Hearing to assess the status of the Department of Public Works' banner program codified by Public Works Code Section 184.78 and established in ordinance 11-05. The hearing will address concerns raised by citizens about the effectiveness of the banner program and how the program can be more effective. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070116	[Controller's Audit on the Airport's investment in SFO Enterprises, Inc.]
	Hearing to discuss the Controller's Audit on the Airport's investment in SFO Enterprises, Inc. and the resulting losses. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

Motion

070125	[Civil Service Rule Change - Sick Leave]
	Motion approving amendments to the Rules of the Civil Service Commission to incorporate changes to the Rules governing paid sick leave to conform to the requirements of the Paid Sick Leave Ordinance. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee.

070148	[City and School District Special Meeting]
	Motion calling a special meeting of the City and School District Committee of the Board of Supervisors to be held on Monday, February 12, 2007 at 10:00 A.M.; and directing the Clerk of the Board to prepare the proper notices and postings. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

PROPOSED ORDINANCES

PROPOSED RESOLUTIONS

070066	[Prevailing rate of wages for City contracts for hauling of solid waste generated by City operations]
	Resolution fixing prevailing wage rates for workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City. (Civil Service Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

070100

[State grant funds for mosquito control]

Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $30,000 from the California Department of Health Services to mitigate the threat of West Nile virus transmission through mosquito control activities, for the period of July 1, 2006 to June 30, 2007. (Public Health Department) Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070102	[Traffic regulations - vehicular closure of Jessie Street between Mint and 5th Streets]
	Resolution approving closing Jessie Street between 5th and Mint Streets to vehicular traffic and making environmental findings and findings of consistency with the City's General Plan and priority policies of Planning Code Section 101.1. (Parking and Traffic Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070103

[Airport Concession Lease]

Resolution approving Amendment No. 4 to the Travelex America Inc. Lease Agreement for Foreign Currency Exchange in the New International Terminal Building and Existing Terminal Buildings at San Francisco International Airport Lease No. 99-0449 between Travelex America Inc. and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

Clerk to Act – January 30, 2007

Board Minutes for January 9, 2007 approved.

Requests Granted

From: Supervisor Mirkarimi
To: Director, Recreation and Park Department
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Recreation and Park Department and the Department of Public Works to report on the status of repairing the Dog Fountain at Alamo Square.

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 replacing or repairing signs at the following locations:

Northwest corner of Hayes and Cole
Northwest corner of Fulton and Central (1 hour parking sign)
969 Hayes
Black and White Street Sign identify "Hayes" Street and the northwest corner of Ashbury and Hayes