April 24, 2007

City and County of San Francisco

Legislation Introduced
Including All Off-Calendar Items
April 24, 2007

OFF-AGENDA LEGISLATION

Ordinances

070538	[Public Employment - Human Services Agency]
	Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed changes to the Human Services Agency (DSS) staffing by increasing total staffing by 7.00 positions (0.28 FTE). Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070539	[Public Employment - Office of the City Administrator]
	Ordinance amending Ordinance No. 203-06 (Annual Salary Ordinance FY 2006-2007) to reflect the proposed changes to General Services Agency - Office of the City Administrator (ADM) staffing by decreasing total staffing by 1.00 position (0.04 FTE). Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070540

[Appropriating $17,394,628, including $17,251,834 of General Fund and $142,794 of Revenue for Various Children, Youth, Family, Senior and Disabled Programs for Fiscal Year 2006-2007]

Ordinance appropriating total sources of $17,394,628, including $17,251,834 of Unappropriated General Fund Balance, $125,000 of Food Stamps Employment and Training Funds and $17,794 of SB 90 State Mandated Costs Fund; and appropriating total uses of $17,394,628, including $5,615,000 to the Department of Children, Youth and Their Families, $9,149,628 to the Human Services Agency, $280,000 to the Department of Public Health, $350,000 to the Mayor's Office of Disability, $1,900,000 to the Mayor's Office of Community Development and $100,000 to the Department of Recreation and Park for various programs for Children, Youth, Families, Seniors and People with Disabilities for Fiscal Year 2006-2007. All funds appropriated below, excluding salaries and mandatory fringe benefits, are placed on reserve pending release by the Budget and Finance Committee. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070541

[De-appropriating $18,316 of General Fund in the Office of the City Administrator and Appropriating $9,918 in the Mayor's Office of Housing for Fiscal Year 2006-2007]

Ordinance de-appropriating $9,918 for a Day Labor Site at Morengo Street and Bayshore Boulevard in the General Services Agency, Office of the City Administrator, de-appropriating $8,398 for a Deputy Director V position in the General Services Agency, Office of the City Administrator and appropriating $9,918 for a Day Labor Site in the Mayor's Office of Housing for Fiscal Year 2006-2007. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070542

[Accept-Expend Gift - Department of Public Works]

Resolution authorizing the Department of Public Works (DPW) to accept a gift in the amount of $100,000 from the San Francisco Giants for the services of DPW to install hanging baskets along 3rd Street, plant a ceremonial magnolia tree for Arbor Day on Cesar Chavez Street, assist in the mounting of brackets and banners as it pertains to the All Star Game and provide trees for the Giants Volunteer Day. Supervisor Daly 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 (1) amending Chapter 38 of the Administrative Code by (a) 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 is issued before September 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 have been due under the former TIDF ordinance; (b) amending Section 38.1 to clarify the definitions of "Gross Floor Area" and "Retail/Entertainment;" (c) amending Section 38.3 to correct an unintended exclusion for art spaces; (d) 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 (e) amending Section 38.6 to clarify the circumstances in which a credit for prior eliminated uses is available and make clear that any credit against the amount of the TIDF based on prior use cannot exceed the amount of the TIDF due; and (2) making environmental findings. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. REFERRED TO DEPARTMENT. Referred to Planning Department for environmental review for fees, and to Small Business Commission. SUBSTITUTED. Supervisor McGoldrick submitted a substitute ordinance bearing new title. RESPONSE RECEIVED. Planning Department exemption from CEQA. REFERRED TO DEPARTMENT. Referred to Planning Department for environmental findings. RESPONSE RECEIVED. Planning Department exemption from CEQA, non-physical exemption. ASSIGNED to Land Use and Economic Development Committee. SUBSTITUTED to Land Use and Economic Development Committee. Supervisor McGoldrick submitted a substitute ordinance bearing new title.

Resolutions

070543

[Multifamily Housing Revenue Bonds - 275 10th Street Supportive Housing]

Resolution declaring the intent of the City and County of San Francisco (the  City ) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the  Director ) to submit an application and related documents to the California Debt Limit Allocations Committee ( CDLAC ) to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $25,000,000 for 275 10th Street Supportive Housing; authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070544

[Endorsing a Conceptual Framework for the Redevelopment of Candlestick Point and the Hunters Point Shipyard, and Authorizing Environmental Review and Planning]

Resolution endorsing a Conceptual Framework for the creation of a mixed-use development on Candlestick Point and Hunters Point Shipyard that includes the possibility of a new state-of-the art stadium for the San Francisco 49ers and that will provide parks and open space, jobs, affordable housing and other tangible economic and public benefits for the Bayview Hunters Point community as soon as possible; making a determination that the proposed mixed-use redevelopment project as described in the Conceptual Framework is feasible for purposes of commencing environmental review; and urging City staff and the Redevelopment Agency to proceed with environmental review and planning work, including significant community review and input, in conjunction with the Lennar Corporation, for the proposed redevelopment project. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070545	[Extension of Agreement with Serco Management Services, Inc.]
	Resolution approving the Fourth Amendment to the agreement between Serco Management Systems, Inc. and the City and County of San Francisco, extending the contract by three years, and raising the not-to-exceed amount of the contract from $50,000,000 to $61,000,000. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

070546

[Zoning Map Amendment - Northwest corner of Divisadero and O'Farrell Streets, Block 1098, Lot 9]

Ordinance amending the San Francisco Planning Code by amending Sectional Map 2 of the Zoning Map of the City and County of San Francisco to change the use classification of Block 1098, Lot 9, located at the northwest corner of Divisadero and O'Farrell Streets, from Small-scale Neighborhood Commercial (NC-2) District to Moderate-scale Neighborhood Commercial (NC-3) District; adopting findings, including environmental findings and findings of consistency the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

070548	[Commending Horizons Unlimited for over forty years of outstanding work]
	Resolution commending Horizons Unlimited for over forty years of outstanding community work. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070549	[Urging the California State Legislature to Oppose AB 815]
	Resolution urging the California State Legislature to oppose AB 815, which proposes to take crucial animal control and welfare issues out of the jurisdiction of municipalities. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070550	[Supporting AB 1358, the California Complete Streets Act of 2007]
	Resolution supporting AB 1358, the California Complete Streets Act of 2007. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070551	[Gift to City of Travel from Chamber of Commerce for 2007 CityTrip]
	Resolution accepting a gift of airfare, accommodations and conference fees valued in an amount of $16,800 from the San Francisco Chamber of Commerce for four City officials or employees to join the Chamber on its 2007 CityTrip to Boston. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070552

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

Resolution authorizing the Mayor's Office of Criminal Justice (MOCJ) to accept and expend a grant in the amount of $99,833 from the State Corrections Standards Authority for the purposes of implementing local juvenile justice accountability measures through the Juvenile Accountability Block Grant (JABG). Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070553	[Urging the San Francisco Unified School District not to eliminate the computer lab at Guadalupe Elementary School]
	Resolution urging the San Francisco Unified School District not to eliminate the computer lab at Guadalupe Elementary School. Supervisor Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

070513

[Urging the California State Legislature to repeal Section 1569-147 of the Health and Safety Code]

Resolution urging the California State Legislature to repeal Section 1569-147 of the Health and Safety Code to allow local governments to limit the annual rent increase imposed on occupied units of licensed residential care facilities for the elderly. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Rules Committee. Supervisor Jew requested this item be severed so that it might be considered separately Supervisor Jew requested that this matter be referred to Committee.

Motions

070537	[Legislative Analyst Request - Police programs]
	Motion requesting the Legislative Analyst to identify the practices, outcomes, and requirements of successful police programs that trace firearms in order to identify patterns of illegal gun trafficking and discover persons associated with the crime under investigation. Supervisor Dufty presented. ASSIGNED to Board of Supervisors. Scheduled for Board consideration May 1, 2007.

070547	[Board of Supervisors to sit as a Committee of the Whole on May 8, 2007, at 3:30 PM]
	Motion requesting the Board of Supervisors to sit as a Committee of the Whole on May 8, 2007 at 3:30 PM for the purpose of hearing a status report on the Health Access Plan (HAP) from the Department of Public Health (DPH) and the Office of Labor Standards Enforcement (OLSE). Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Hearings

070530	[St. Luke's Hospital impact on San Francisco's health care infrastructure]
	Hearing to seek information regarding St. Luke's Hospital and the California Pacific Medical Center's plans regarding same and the impact of those plans of San Francisco's health care infrastructure. Supervisors Alioto-Pier, Ammiano presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070531	[Department of the Environment's Climate Change Action Plan]
	Hearing on the Department of the Environment's Climate Change Action Plan. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

070532	[City Survey 2007]
	Hearing on the Controller's recently released City Survey 2007. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070533	[Controller's financial audit report titled "Municipal Transportation Agency: The Agency Needs to Improve Cable Car Fare Collection Practices"]
	Hearing on the Controller's recently released financial audit report titled "Municipal Transportation Agency: The Agency Needs to Improve Cable Car Fare Collection Practices". Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070534

[City's external auditors Comprehensive Annual Financial Report related to the City audit for Fiscal Year 2005-2006 and audit plans for Fiscal Year 2006-2007]

Requesting a hearing for the City's external auditors (Macias Gini & Co., KPMG, Hood and Strong, and Williams Adley & Co.) to present the Comprehensive Annual Financial Report (CAFR), Single Audit, and their Management Letters, if any, related to the City audit for Fiscal Year 2005-06. They will also present their audit plans for Fiscal Year 2006-2007. This hearing is required under Charter Section 9.117. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

070535	[Status of the Eastern Neighborhoods Plan]
	Hearing before the Land use Committee by the Planning Department regarding the status of the Eastern Neighborhoods Plan. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

070536	[SFPD Youth Competency Training]
	Hearing before the Public Safety Committee to discuss neighborhood specific youth cultural competency training at the San Francisco Police Department. Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Public Safety Committee.

070554	[Status Report on Health Access Plan]
	Hearing to consider a status report on the Health Access Plan from the Department of Public Health and the Office of Labor Standards Enforcement. Supervisor Ammiano presented. ASSIGNED to Board of Supervisors. Pursuant to File 070547, Board to sit as a Committee of the Whole on May 8, 2007, at 3:30 p.m.

PROPOSED ORDINANCES

070482	[Settlement of Lawsuit - Carl Montgomery]
	Ordinance authorizing settlement of the lawsuit filed by Carl Montgomery against the City and County of San Francisco for $30,000; the lawsuit was filed on August 24, 2004 in San Francisco Superior Court, Case No. 434-032; entitled Carl Montgomery, et al., v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

070488

[Appropriating $2,345,549 for the Juvenile Hall Youth Guidance Center Replacement Project in the Department of Public Works for Fiscal Year 2006-2007]

Ordinance appropriating $2,345,549, of which $1,077,589 is from Juvenile Hall Youth Guidance Center Replacement Project Certificates of Participation (COPs) interest earned, $847,960 is from the Reserve for Rainy Day – One-time Spending Account, and $420,000 is from a deappropriation of the Youth Guidance Center facilities maintenance project, to fund Juvenile Hall Youth Guidance Center Replacement Project construction costs in the Department of Public Works for Fiscal Year 2006-2007. (Public Works Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED RESOLUTIONS

070483	[Lease of Real Property at the southwest corner of 13th Street and South Van Ness Avenue]
	Resolution authorizing the lease of a parking lot, containing approximately 78,005 square feet, located at the southwest corner of 13th Street and South Van Ness Avenue. (Real Estate Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

PROPOSED MOTIONS

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Clerk to Act – April 24, 2007

Requests Granted

From: Supervisor Alioto-Pier
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft a request to require the San Francisco Public Utilities Commission to implement a program requiring our public schools to become 100% carbon neutral by the year 2009 through the use of solar panels on each school. The legislation will also make certain that sufficient funds are allocated to realize this goal.

As we are aware, climate change presents a serious threat to San Francisco in a myriad of ways. One way to locally combat carbon emissions that are contributing to overall global warming and its devastating effects is to require the San Francisco Public Utilities Commission to make certain that our public schools meet their energy needs through solar power.

From: Supervisor Alioto-Pier
To: City Attorney

Requesting/Inquiring: To further combat carbon dioxide emissions that contribute to global warming and overall climate change, I am introducing a drafting request to the City Attorney's office for a City environmental offset program. The program would require every airline trip taken by a City and County of San Francisco employee and paid for with City dollars to be offset through a city-authorized program. Currently more than four dozen companies worldwide sell carbon offsets, which are credit for cutting emissions through green energy projects.

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 advertising signs from the following locations:

• 547 and/or 549 Grove Street – frames of wheatpasted posters
• 1398 California Street (west facing wall) – 2 illegal billboards approx. 6 feet by 3 feet
• Northeast corner of Pine & Grant (south facing wall) – 50 feet by 8 feet frame of wheatpasted posters
• 359 Kearney @ Pine corner building, southwest corner (north-facing wall) – illegal poster 10 feet by 6 feet
• 1133 or 1135 Market (Old Strand Theater) wall, public right of way – frames of wheatpasted posters

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations:

Phone Booths

• SBC – at the corner of 11^th Avenue and Irving
• 1710 Market Street (can not identify company)

Billboards

• Clear Channel (Billboard #1246 or #03740) on 11^th Avenue at the southeast corner of Irving

From: Supervisor Mirkarimi
To: Director, Public Utilities Commission

Requesting/Inquiring: Requesting the Public Utilities Commission to report on the status of removing graffiti at the following locations:

Metal Poles

• Both sides of Haight Street between Octavia and Market
• Southwest corner of Gough and Page
• Southeast corner of Oak and Ashbury
• Both sides of Oak Street between Baker and Divisadero (wooden and metal poles)

Wooden Poles

• Northeast corner of Judah and 10^th Avenue
• Northwest corner of Judah and 15^th Avenue

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following property locations:

• 1300-1306 11^th Avenue (it is mainly the store front, Eddy's Market on Irving that is heavily graffitied)
• 1325 – 9^th Avenue
• 277 Fell

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 "No Pedestrian Crossing Signs" at the following locations:

• Southwest corner of Hayes and Gough
• Southeast corner of Hayes and Gough
• Northwest corner of Fell and Gough
• North side of Market between Gough and Octavia (2 signs on the block)

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing the graffiti from light switch boxes and phone switch boxes at the following locations:

• Northwest corner of 9^th Avenue and Irving
• Panhandle Park side of Oak Street at Lyon
• Southeast corner of Gough and Hayes
• Northeast corner of Gough and Fell

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from mailboxes and garbage cans at the following locations:

Mailboxes

• Northeast corner of Judah and 16^th Avenue

Garbage Cans

• Southwest corner of Irving and 14^th Avenue
• Southwest corner of Irving and 16^th Avenue
• Southeast corner of Irving and 8^th Avenue
• Northeast corner of Market and Octavia

From: Supervisor Mirkarimi
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from news stands at the following locations:

• Northeast corner of Judah and 9^th Avenue (Open Exchange)
• Southeast corner of Irving and 8^th Avenue (Wall Street Journal)
• Southeast corner of Irving and 8^th Avenue (Job Careers)

In Memoriams

Jim O'Connell – Supervisor Elsbernd
Michael Smuin – Entire Board
David Halberstam – Entire Board
Lieutenant Commander Kevin Davis – Supervisor Dufty