City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
May 15, 2007
OFF-AGENDA LEGISLATION
Ordinances
| 070667 |
[Medical Cannabis Dispensary Permits] |
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Ordinance amending Sections 3304, 3005, 3307, and 3308 of the San Francisco Health Code and Sections 209.3, 217, 790.141 and 890.133 of the San Francisco Planning Code to (a) require the Director of Public Health to certify that applicants for Medical Cannabis Dispensary permits have not been convicted of certain felony offenses, (b) require the Department of Building Inspection to review and approve Dispensaries' security measures, including lighting and alarms, (c) authorize the Mayor's Office of Disability to approve equivalents to new construction accessibility requirements where Dispensaries demonstrate a hardship and satisfy minimum standards; and (d) extend the time period for Dispensaries to obtain a Medical Cannabis Dispensary permit to January 1, 2008. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. |
| 070669 |
[Deappropriating $28,050,000 in Mayor's Office of Housing, Reappropriating to Board of Supervisors for Affordable Housing, Real Ownership Opportunities, and housing services for Fiscal Year 2006-2007] |
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Draft Ordinance deappropriating $28,050,000 in the Mayor's Office of Housing and Reappropriating $28,050,000 to the Board of Supervisors for Fiscal Year 2006-2007, including $20,000,000 for the acquisition, construction, and rehabilitation of affordable family housing, housing for seniors and persons with disabilities, and housing for persons, including but not limited to 18-24 year old youths exiting systems of care, who are currently homeless or who at risk of being homeless; $5,000,000 for repairs and services at public housing developments; $2,5000,000 for the Real Ownership Opportunities for Tenants project (ROOTS); $550,000 for the Acquisition a site for a Housing Services Collaborative in the Mission District/Dolores Park Area for Fiscal Year 2006-2007 and reserving the funds pending review of expenditure plans by the Finance Committee. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 070670 |
[Deappropriating $5,000,000 from Mayor's Office of Housing and Reappropriating to the Board of Supervisors for a Down Payment Assistance Loan Program for Fiscal Year 2006-2007] |
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Draft Ordinance deappropriating $5,000,000 from the Mayor's Office of Housing and Reappropriating $5,000,000 to the Board of Supervisors for for a Down Payment Assistance Loan Program for Fiscal Year 2006-2007 and reserving the funds pending review of an expenditure plan by the Finance Committee. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 070671 |
[Amending the Planning Code to Create the Fringe Financial Service Restricted Use District and Making Related Zoning Map Amendments] |
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Ordinance amending San Francisco Planning Code Sections 249.5, 781.8, 781.9, 782, and 783 and adding Section 249.35 to the San Francisco Planning Code to create a noncontiguous Fringe Financial Service Restricted Use District prohibiting new fringe financial services, as defined, with certain exceptions; amending San Francisco Planning Code Section 312 to require certain notice in Neighborhood Commercial Districts; amending San Francisco Planning Code Section 227 to add Fringe Financial Service Use to the Commercial District Zoning Control Table; amending San Francisco Planning Code Sections 702.4 and 710 through 730 to add Fringe Financial Service Use to the Neighborhood Commercial District Zoning Control Tables; adding Section 790.111 and 890.113 to the San Francisco Planning Code to define a Fringe Financial Service Use; amending San Francisco Planning Code Sections 790.110, 790.112, 890.110, and 890.112 to require that use applications for Financial Services and Limited Financial Services include a copy of any state-issued license; amending San Francisco Planning Code Sections 803.2, 810, 811, and 812 to add Fringe Financial Service Use to the Chinatown Zoning Control Tables; amending San Francisco Planning Code Sections 814 through 818 to add Fringe Financial Service Use to certain Zoning Control Tables in the South of Market area; amending San Francisco Planning Code Section 827 to add Fringe Financial Service Use to the Rincon Hill Downtown Residential Mixed Use District Zoning Control Table; amending Sections 909, 910, 911, 912, 913, and 914 to add Fringe Financial Service Use to certain Mission Bay Zoning Control Tables; amending Sectional Maps Numbers 1SU, 2SU, 6SU, 7SU, 8SU, and 10SU of Zoning Map of the City and County of San Francisco to indicate the boundaries of the Fringe Financial Service Restricted Use District, and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Supervisor Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 070672 |
[Initiative Petition Circulator Identification Requirements] |
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Ordinance amending the Municipal Elections Code by adding section 335 to require initiative petition circulators to display a badge disclosing whether they are volunteer or paid circulators. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. |
| 070676 |
[Landmark tree designation of holly at 733 27th Avenue] |
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Ordinance designating the holly at 733 27th Avenue (Assessor's Block 1617, Lot 003) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Supervisor McGoldrick presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 070678 |
[Planning - institutional master plan review for medical institutions] |
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Ordinance amending Planning Code Section 304.5, Institutional Master Plans, to require a qualified health planner retained by the Department of Public Health to analyze the relationship to citywide health care needs of medical institutions' institutional master plans, revisions, and conditional use applications, to provide comments to the Planning Department, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 070679 |
[Residential Rental Units: Lock Replacements by Landlord When Tenants Vacate] |
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Ordinance amending the Administrative Code by adding Chapter 49B to provide that landlords re-key or replace all locks on all outside doors after all tenants vacate a residential rental unit , including outside doors on the unit itself and any separate outside doors on any storage and/or garage facility provided for the exclusive use of that unit. Supervisor McGoldrick presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 070680 |
[Administrative Penalties and Fees for Fare Evasion or Passenger Misconduct Offenses] |
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Ordinance amending San Francisco Traffic Code Sections 127, 128, 128.1, 128.1-A, 128.2, and 128.3 to clarify the definition of "Proof of Payment" and impose administrative penalties and fees for certain types of fare evasion or passenger misconduct offenses instead of criminal penalties where authorized by state law, and authorizing the Municipal Transportation Agency's Board of Directors to set the specific penalty and fee amounts. Supervisor Peskin presented.ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee. |
| 070681 |
[Zoning - Pacific Avenue Individual Area Neighborhood Commercial District] |
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Ordinance adding Planning Code Sections 731 et seq. to establish the Pacific Avenue Individual Area Neighborhood Commercial District, as specifically defined herein and generally encompassing the length of Pacific Avenue from Polk Street to Taylor Street; deleting Section 236, the Garment Shop Special Use District; amending the City's Zoning Map Sectional Maps 1, 1H, 2, and 2H to reflect the boundaries of the Pacific Avenue Neighborhood Commercial District, other associated zoning changes, and related changes to height and bulk districts and amending Zoning Map Sectional Map 1 SU to delete the Garment Shop Special Use District; and making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Peskin presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 070682 |
[Prohibition of possession or sale of firearms or ammunition on county property] |
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Ordinance amending the San Francisco Police Code by adding Section 617 to prohibit the possession or sale of firearms or ammunition on property controlled by the City and County of San Francisco. Mayor, District Attorney, Supervisors Maxwell, Mirkarimi presented.ASSIGNED UNDER 30 DAY RULE to Public Safety Committee. |
| 070683 |
[Requirement that firearms located within a residence be kept in a locked container or secured with a trigger lock] |
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Ordinance amending the San Francisco Police Code by adding Section 4512 to require that all handguns located within a residence be kept in a locked container or disabled with a trigger lock. Mayor, District Attorney, Supervisors Maxwell, Mirkarimi presented.ASSIGNED UNDER 30 DAY RULE to Public Safety Committee. |
| 070684 |
[Requiring dealers to inventory firearms every six months] |
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Ordinance amending the San Francisco Police Code by amending Section 613.10 to require licensed firearms dealers to transmit to the Chief of Police an inventory of firearms every six months. Mayor, District Attorney, Supervisors Maxwell, Mirkarimi presented.ASSIGNED UNDER 30 DAY RULE to Public Safety Committee. |
| 070689 |
[Gun Offender Registry] |
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Ordinance amending the San Francisco Police Code by adding Section 4513 to create a local registry of gun offenders convicted in San Francisco. Mayor, District Attorney, Supervisors Maxwell, Mirkarimi presented.ASSIGNED UNDER 30 DAY RULE to Public Safety Committee. |
| 061215 |
[Tax Collector's reports to Board of Supervisors on Biotechnology and Clean Energy Technology Business exclusions from Payroll Expense Tax; contents are public information; certain individual taxpayer information required in reports] |
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Ordinance amending the San Francisco Business and Tax Regulations Code by amending Section 6.22-1 to make all contents of Tax Collector's reports to the Board of Supervisors regarding the Biotechnology Exclusion and the Clean Energy Technology Business Exclusion non-confidential public information, and by amending Sections 906.1 and 906.2 to require that, beginning with the report for the 2008 tax year, the reports include the names and addresses of individual taxpayers who have claimed the exclusions unless only one business has claimed the exclusion, and to make non-substantive, technical amendments to correct punctuation and reference errors. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee. |
| 070586 |
[Prohibiting outdoor use of single feed rodenticides in City Parks] |
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Ordinance amending Sections 300 and 305 of the Environment Code to prohibit the outdoor use of single feed rodenticides in City Parks. Supervisor Jew presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. SUBSTITUTED. Supervisor Jew submitted a substitute ordinance bearing same title. ASSIGNED to City Operations and Neighborhood Services Committee. |
Resolutions
| 070641 |
[Gift to City of travel from Chamber of Commerce for 2007 CityTrip] |
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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. REFERRED to Budget and Finance Committee. Supervisor requested that this item be referred to committee. |
| 070668 |
[Rejecting the 2008-2009 water and wastewater rates adopted by the San Francisco Public Utilities Commission on May 8, 2007] |
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Resolution rejecting the 2008-2009 water and wastewater rates adopted by the San Francisco Public Utilities Commission at its public meeting on May 8, 2007, and requiring the San Francisco Public Utilities Commission to adopt new water and wastewater rates that do not adversely affect persons that reside in single-family homes. Supervisors Alioto-Pier, Jew, Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Sponsor requests that the item be calendared at the Government Audit & Oversight Committee on June 4, 2007. |
| 070673 |
[Contract with Owner's Association for administration/management of Central Market Community Benefit District] |
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Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the property-based business improvement district known as the "Central Market Community Benefit District," pursuant to Section 36651 of the Streets and Highways Code. Supervisor Daly presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 070674 |
[Public Education Enrichment Fund - First Five Commission] |
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Resolution approving the San Francisco First Five Commission expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2007-008. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 070675 |
[Public Education Enrichment Fund - Unified School District] |
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Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for Fiscal Year 2007-008. Supervisor Daly presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 070685 |
[Issuance and sale of tax-exempt bonds - Hamlin School] |
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Resolution approving the issuance and sale of tax-exempt bonds by the ABAG Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $20,000,000 to finance various capital facilities owned by The Hamlin School or an affiliate. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 070686 |
[Evelyn and Walter Haas, Jr. Fund Commendation] |
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Resolution commending the Evelyn and Walter Haas, Jr. Fund for its extraordinary leadership gift to the Presidio. Supervisor Peskin presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 070687 |
[Commending Kate Favetti, Executive Officer, Civil Service Commission] |
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Resolution commending Kate Favetti, Executive Officer, Civil Service Commission, upon her retirement after thirty six years of dedicated service. Supervisors Elsbernd, Ammiano, Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 070688 |
[Declaring May 23, 2007, James Loyce Jr. Day in San Francisco] |
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Resolution in recognition and appreciation of James Loyce Jr. upon his retirement from service to the City & County of San Francisco, and declaring May 23, 2007 James Loyce Jr. day in San Francisco Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 070690 |
[Approval of non-exclusive agreement between SF Public Utilities Commission and Earth Link, Inc.] |
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Resolution approving a non-exclusive agreement for a term of potentially more than ten years between the San Francisco Public Utilities Commission and EarthLink, Inc. granting EarthLink a license to use street light poles owned by the San Francisco Public Utilities Commission to install communications equipment as part of the wireless broadband Internet network EarthLink has agreed to construct to provide free wireless broadband Internet service within the City and County of San Francisco; and making General Plan and environmental findings. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Requests for Hearing
| 070660 |
[Possibility of creating, within the San Francisco PUC, a body similar to the California Public Utilities Commission, Division of Ratepayers Advocates] |
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Hearing to discuss the possibility of creating, within the San Francisco Public Utilities Commission, a body similar to the California Public Utilities Commission, Division of Ratepayers Advocates. Supervisors Alioto-Pier, Jew, Elsbernd presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 070661 |
[Marina Farmer's Market] |
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Hearing on the Marina Farmers' Market. This hearing will explore the best location for the market based testimony from the community, merchants, and nearby residents. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. |
| 070662 |
[National Flood Insurance Program and FEMA's current flood mapping effort] |
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Hearing to consider the National Flood Insurance Program and FEMA's current flood mapping effort. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
| 070663 |
[Lennar's work procedures regarding health issues] |
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Hearing before the Land Use Committee by the Department of Public Health and Lennar regarding the community concerns about Lennar's work procedures as they relate to dust control; and health issues arising in Hunters Point Shipyard during Lennar's efforts to clean the area, specifically, the reports made regarding health issues, DPH's study of the said health issues and findings, Lennar's efforts to mitigate the issues, and the City's involvement in same. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
| 070664 |
[Old Mint Development Plan Status] |
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Hearing on the status of the development plan for the Old Mint. Supervisor Peskin presented.RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. |
| 070665 |
[Budget implications using temporary workers, interim workers, per diem employees and other short-term or substitute employees at the Legion of Honor, the de Young Musuem and the Asian Art Museum] |
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Hearing before the Budget and Finance Committee to examine the budget implications using temporary workers, interim workers, per diem employees and other short-term or substitute employees at the Legion of Honor, the de Young Museum and the Asian Art Museum. Supervisors Sandoval, Daly, Peskin, Ammiano, Dufty, Mirkarimi presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Motions
| 070666 |
[Motion directing the Clerk of the Board to calendar, bi-monthly, a closed session of the Board of Supervisors to discuss matters related to San Francisco's emergency preparedness and homeland security activities] |
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Motion directing the Clerk of the Board to calendar, bi-monthly, a closed session of the Board of Supervisors to discuss matters related to San Francisco's emergency preparedness and homeland security activities. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee. |
| 070691 |
[Closed Session - Conference with City's Labor Negotiators] |
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Motion that the Board of Supervisors convene in closed session with the City's Labor Relations Negotiators and the Director of Human Resources, for the purpose of reviewing the City's positions in pending labor negotiations with organizations representing City employees.
This closed session is permitted by Government Code Section 54957.6, and San Francisco Administrative Code Section 67.8. Supervisor Peskin presented.ASSIGNED to Board of Supervisors. Scheduled for Board consideration May 22, 2007. |
Charter Amendment
| 070677 |
[Requiring the Mayor or four or more members of the Board of Supervisors proposing to submit an initiative to the voters to submit the measure to the Board of Supervisors first for public hearing] |
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Charter amendment (First Draft) to amend Sections 2.113 and 3.100 to require the Mayor or four or more members of the Board of Supervisors proposing to submit an initiative to the voters to submit the measure to the Board of Supervisors first for a public hearing. Supervisors Elsbernd, Peskin, McGoldrick, Alioto-Pier, Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. |
PROPOSED ORDINANCES
| 070598 |
[Partial Settlement of Lawsuit - AON Risk Services of New York, Inc.] |
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Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Aon Risk Services of New York, Inc. for $220,000; San Francisco's causes of action against AON were filed on February 15, 2006, and constitute part of the coordinated proceeding entitled Jail No. 3 Replacement Project Cases, JCCP Case No: 4422, venued in San Mateo Superior Court; other material terms of said settlement are that San Francisco and AON will execute a mutual release, San Francisco will execute and file dismissals of all claims with prejudice, San Francisco and AON will each bear their own fees and costs of suit, AON will provide reasonable cooperation to San Francisco in regards to evidence that San Francisco may need for the case against ACMI and its related entities in the on-going litigation, and the settlement does not constitute an admission of liability regarding any claim. (City Attorney) .RECEIVED AND ASSIGNED to Rules Committee. |
| 070599 |
[Settlement of Lawsuit - Coast Marine Industrial Supply, Inc.] |
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Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Coast Marine Industrial Supply, Inc. for $30,500; the lawsuit was filed on August 3, 2005 in San Francisco Superior Court, Case No. 443-691; entitled City and County of San Francisco, et al. v. Coast Marine Industrial Supply, Inc., et al. (City Attorney) .RECEIVED AND ASSIGNED to Rules Committee. |
| 070601 |
[Payment of Criminal Justice Reward] |
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Ordinance authorizing payment of a $25,000 reward to John Doe for supplying information leading to the arrest and conviction of Joseph Stevens in the shooting deaths of Dernae Wysinger and Naemon Wysinger. (Mayor) .RECEIVED AND ASSIGNED to Budget and Finance Committee. |
PROPOSED RESOLUTIONS
| 070600 |
[Settlement of Administrative Civil Liability Complaint - San Francisco Water Quality Control Board] |
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Resolution approving the settlement of the unlitigated administrative civil liability complaint filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $626,000; and alternatively approving an environmental mitigation project, subject to approval of the Regional Water Quality Control Board, in the amount not to exceed $582,000, plus payment of a $44,000 penalty. (City Attorney) .RECEIVED AND ASSIGNED to Rules Committee. |
PROPOSED MOTIONS
Clerk to Act – May 15, 2007
Board Minutes for April 17, 2007 approved.
Requests Granted
From: Supervisor Ammiano
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft Amendments to the Minimum Compensation Ordinance to include the following assumptions identified by the stakeholder:
- Consider Proposition F sick leave mandate;
- Consider paid time off or hourly cash equivalent, Current wage rate for IHSS workers is $10.95, which includes a partial in lieu payment for the 12 days of PTO;
- Assume the State cost share increases remains status quo;
- Consider what has already been budgeted for the In Home Support Services Memorandum of Understanding;
- Consider the $11.36 beginning July 1, 2007;
- Consider $11.64 beginning January 1, 2008;
- Yearly rate increase based on Consumer Price Index;
- Current budgeting for wage increase in the MCO is up to $10.50 per hour;
- The Federal and State reimburse cap includes the hourly wage plus the value of the Paid Time Off (PTO) along with payroll tax (11.2%) and a flat cost of $1.80/hr for mandatory fringe benefits;
- The Federal rate for reimbursement is 50% of costs and are capped at 2X the State minimum wage. This cap will increase as the State minimum wage increases;
- Current State cap is $10.50 per hour for wages and $.60 per hour for health benefits, so not all of the current costs are matched by the State.
- Agreement with the City and the Public Authority is for wages to go to $11.20 per hour if no increase in the State match and $11.50 per hour if the state match increases.
From: Supervisor Elsbernd
To: Director, Department of Elections
Requesting/Inquiring: Please provide an explanation of the Secretary of State's recent letter rejecting the ES&S request for certification, an explanation of the consequences of the Secretary's decision, and how you plan to respond.
From: Supervisor Dufty
To: Controller
Requesting/Inquiring: Requesting the Controller to perform a comparative review of Transgender services funded by the City, identifying the scope, gaps, and resources required, including the effect of the proposed closing of the UCSF Trans Project. The review should include an analysis of the UC Trans Project's assets including the site lease, and plans to transition clients to other existing services within the City.
From: Supervisor Ammiano
To: Director, Human Services Agency
To: City Attorney
Requesting/Inquiring: Requesting the Director of Human Services Agency and the City Attorney to respond to the following:
To the Director of the Human Services Agency, why have your contract officers not released pertinent information such as core sheets and evaluations related to RFP #338, in a timely and complete manner, as is required under the Sunshine ordinance.
To the City Attorney, does the HSA have a legal right to withhold said information (above) without citing any specific statutory authority? And, is the HSA therefore in violation of the Sunshine Ordinance?
In Memoriams
Will Reno – Supervisor Sandoval
John Phillip Dupre – Supervisor Dufty
Roxanne "Penny" Kowalski – Supervisor Ammiano
Dr. Richard Alan Cazen – Supervisor Dufty
Susumu Saiki – Supervisor Mirkarimi
Alfred A. Aicardi – Supervisor Peskin
Gaetano Balistreri – Supervisor Peskin