Board of Supervisors : December 4, 2007

City and County of San Francisco

City Seal

Legislation Introduced
Including All Off-Calendar Items
December 4, 2007

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

071648

[Requiring the City to give public notice of the termination or expiration of a lease from the School District to the City, when the City has used the leased property in a manner directly serving the public]

Ordinance amending the San Francisco Administrative Code by adding Section 23.28, to require the City to give public notice of the termination or expiration of a lease of property from the San Francisco Unified School District to the City, when the City has used the property under the lease in a manner directly serving the public. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

071649

[Zoning - Entertainment Uses]

Ordinance amending Sections 102.17, 790.38, and 890.37 of the San Francisco Planning Code to define three types of entertainment use based upon size; amending Sections 1060, 1060.1, 1060.3, 1070, 1070.1 and 1070.3 of the San Francisco Police Code to define the three types of entertainment use authorized by the Planning Code and to require an application and the permit for a place of entertainment or extended-hours activity to specify one of the three types of entertainment use; adopting findings, including environmental findings and findings required by Section 302 of the Planning Code. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

071651

[Planning - Administrative Enforcement Remedies]

Ordinance amending the San Francisco Planning Code by amending Section 176 to authorize the Zoning Administrator to assess administrative penalties for a Planning Code violation; adding Section 176.1 to establish Planning Code enforcement remedies of the Director, which include issuance and recording of orders of abatement, assessment of administrative penalties, and a hearing and appeal process; adopting findings including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisors Sandoval, Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

Resolutions

071620	[Commendation for Ashley Wheater]
	Resolution commending San Francisco Ballet Master, Ashley Wheater and proclaiming December 10, 2007 Ashley Wheater day in San Francisco. Supervisor Maxwell presented. ADOPTED.

071621	[Commending Rainbow World Fund and the Tree of Hope Project]
	Resolution commending Rainbow World Fund and their work through the Tree of Hope project to encourage peace, love and humanitarianism for San Franciscans and people all over the world. Supervisor Sandoval presented. ADOPTED.

071622

[Accept-Expend State Grant - SF Port Commission]

Resolution authorizing the San Francisco Port Commission to accept and expend $1,900,000 in Carl Moyer Program grant funds from the Bay Area Air Quality Management District to fund the construction of a shoreside power facility for cruise ships at Pier 27 and authorizing the Executive Director of the Port to immediately execute any documents required for the implementation of this grant, including any letters of intent, amendments, augmentations or extensions thereof. Supervisor Peskin presented. ADOPTED.

071623	[Commending the SHARE Foundation on the occasion of its 25th Anniversary]
	Resolution commending San Salvador Mayor Violeta Menjivar and the SHARE Foundation on the occasion of the foundation's 25th Anniversary. Supervisor Sandoval presented. ADOPTED.

071627	[Grant of State Funds - San Francisco Municipal Transportation Agency]
	Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend $200,000 from Regional Transportation Improvement Program funds allocated by the California Transportation Commission for the Addison and Digby Traffic Circle Project. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071628

[Funds to support the HIV Prevention among High-Risk Men in South Africa study]

Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $9,429.04 from the University of California, San Francisco (UCSF), to provide technical assistance for the HIV Prevention among High-Risk Men in South Africa (Gauteng MSM Study) to measure the prevalence of HIV risk behaviors and HIV infection in Soweto, South Africa, for the period of November 5, 2007 through April 30, 2008. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071629

[Funds to support the Impact Evaluation in Malawi project]

Resolution authorizing the San Francisco Department of Public Health (DPH), to accept and expend retroactively a grant in the amount of $31,466 from the University of California, San Francisco (UCSF), the primary contractor, with funds from the World Health Organization, to provide technical assistance and consultation to create a resource manual documenting the triangulation methodology and will participate in the planning of a national Anti-Retroviral Therapy distribution evaluation, for the period of February 1, 2007 through May 31, 2007. Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071630

[Grant to support acute HIV infection detection]

Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant from the California HIV/AIDS Research Program of the University of California in the amount of $213,498 for the project entitled Acute HIV Infection Detection in San Francisco and San Mateo, for the period of October 1, 2007 through December 31, 2008, which includes a subcontract with the San Mateo County Health Department for $31,481 for the same time period. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071631	[Accept-Expend Corporate Grant - Department of the Environment]
	Resolution authorizing the Department of the Environment to accept and expend grant funds in the amount of $10,000 from the AAA Greenlight Initiative for the purpose of developing, producing and disseminating a brochure on clean air vehicles in English, Spanish and Chinese. Supervisor Chu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071632	[Accept-Expend Two Gifts from the Fidelity Charitable Gift Fund]
	Resolution authorizing the San Francisco Public Library to accept and expend two gifts in the amount of $20,000 and $12,000 respectively from the Fidelity Charitable Gift Fund for the enhancement of the Library's public website. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071633	[Accept-Expend Bequest of Phyllis C. Wattis Trust]
	Resolution authorizing the San Francisco Public Library to accept and expend $150,000 from the Friends of the San Francisco Public Library (Friends) from the endowment fund established at the Friends by the PHYLLIS WATTIS Trust for public service improvements at the Main Library. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071634

[San Francisco Fair Lending Working Group]

Resolution establishing a San Francisco Fair Lending Working Group, comprised of industry, community, and City representatives, to study and recommend responses to the current mortgage foreclosure crisis and to provide an initial progress report to the Board of Supervisors within 45 days of its first meeting. Supervisors Maxwell, Ammiano presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

071635	[Accept-Expend State Grant, Chief of Police - $295,000]
	Resolution authorizing the Chief of Police for the City and County of San Francisco to Retroactively accept and expend a grant in the amount of $295,000 from the Governor's Office of Emergency Services for a project entitled "California Multi-Jurisdictional Methamphetamine Enforcement Team (CAL-MMET)" program. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Public Safety Committee.

071636	[Accept-Expend State Grant, Chief of Police - $235,252]
	Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend a grant in the amount of $235,252 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for a program entitled "COPSmeth 2007 San Francisco". Supervisor Dufty presented. RECEIVED AND ASSIGNED to Public Safety Committee.

071637

[Grant of Federal Funds - SF Municipal Transportation Agency]

Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend grant funding from $120,500 to $130,000 annually beginning FY2006-2007 through FY2009/2010 from the Transportation Security Administration to continue implementation of a canine bomb detection program. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071638

[Accept-Expend Federal 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 $137,989 from the United States Department of Justice (DOJ), Bureau of Justice Assistance (BJA), under the Bulletproof Vest Partnership program to purchase armor vests for law enforcement officers in the Sheriff's Department, Police Department, Office of the District Attorney, Juvenile Probation Department and Adult Probation Department. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071639	[Accept-Expend State Grant, SF Port Commission - $710,000]
	Resolution authorizing the San Francisco Port Commission to accept and expend a total of $710,000 in grant funds from the California Coastal Conservancy ($200,000) and the California Department of Boating and Waterways ($510,000) to fund the Pier 52 Public Boat Launch Project. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071640	[Accept-Expend State Grant, SF Port Commission - $200,000]
	Resolution authorizing the San Francisco Port Commission to accept and expend a grant in the amount of $200,000 from the California Cultural and Historical Endowment for planning activities at Pier 70. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071641

[Condemning the Islamic Republic of Iran for its government-sanctioned policy of executing gay and lesbian Iranians]

Resolution urging the Congressional Human Rights Caucus to support legislation condemning the Islamic Republic of Iran for its government-sanctioned policy of executing gay and lesbian Iranians and calling on Tehran to adopt a more tolerant culture between gay and lesbian Iranians and greater Iranian society. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071642	[Commending the work of the US PROStitutes Collective to end violence and criminalization]
	Resolution commending the US PROStitutes Collective for the protection of sex workers all over the nation and to end violence and criminalization through organizing. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071643

[Reinstating 19 union janitors at the new Federal building]

Resolution calling on Exemplar Enterprises to reinstate 19 union janitors at the new state of the art Federal building at 90 7th Street and urging Congresswoman and Speaker of the House of Representatives Nancy Pelosi to call upon the Government Services Agency and Exemplar Enterprises to work to reinstate the janitors at the new Federal building. Supervisors Daly, Ammiano, Mirkarimi, Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071644	[Drug Conviction/Financial Aid]
	Resolution urging San Francisco Congressional representatives to overturn the provision of the Higher Education Act of 1998 that denies or delays access to financial aid for persons convicted for drug-related offenses. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071645

[Approving a 90 day extension for Planning Commission review for Conditional Use Authorization for new construction shading existing registered solar energy systems]

Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance that would amend Section 303 to require a conditional use authorization for any new construction that would shade a registered solar energy system, as defined, and provide for the registration of existing and new solar energy systems, and making environmental findings, General Plan findings, and other required findings. Supervisor Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071646	[Declaration of Election Results]
	Resolution declaring the results of the November 6, 2007 Municipal Election. (Clerk of the Board) . REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071647	[Accept-Expend $14,826 from the Friends of the San Francisco Public Library]
	Resolution authorizing the San Francisco Public Library to accept and expend a gift in the amount of $14,826 from the Friends of the San Francisco Public Library's Main Campaign Fund for public service improvements at the Main Library. Supervisor Elsbernd presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071650

[Resolution in Support of the Pacheco Pass Alternative for the High-Speed Train System]

Resolution urging the California High Speed Rail Authority to adopt the Preferred Network Alternative, Pacheco Pass to San Francisco (via San Jose), for the Central Valley to Bay Area portion of the High-Speed Train system including pursuit of Regional Rail commuter service via the Altamont Pass between Sacramento/Northern San Joaquin Valley and Oakland/San Jose in partnership with local and regional agencies and transit providers. Supervisor Peskin presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071652	[Grant of Regional Funds - SF Municipal Transportation Agency]
	Resolution authorizing the San Francisco Municipal Transportation Agency to accept and expend $181,280 of Regional Measure 2 - Safe Routes to Transit funding to conduct a study analyzing potential bicycle and pedestrian improvements north of the Balboa Park BART station along Ocean Avenue. Supervisor Sandoval presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071653

[Accept- Expend State Grant - Department of Telecommunications and Information Services]

Resolution authorizing the Department of Telecommunications and Information Services to accept and expend a grant in the amount of $49,900.00 from the California Integrated Waste Management Board for the purpose of increasing the Re-Use of Computers and other Electronic equipment in the City and County of San Francisco. Mayor presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071441

[Urging banks to work with the City to address the affects of subprime lending and calling on the Federal Reserve to take action at the national level to end predatory loan practices]

Resolution urging banks to work with the City to address foreclosures and subprime loan practices; calling on the Federal Reserve to prohibit loans at unaffordable rates, end the misuses of stated loans, eliminate prepayment penalties, and designate failure to escrow taxes and insurance in subprime loans as a deceptive practice. Supervisor Ammiano presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REFERRED to Land Use and Economic Development Committee. Supervisor Ammiano requested that this matter be referred to Committee. (Requested to be heard with Files Nos. 071419 and 071446. File No. 071419 is currently pending in the Land Use and Economic Development Committee.) SUBSTITUTED. Supervisor Ammiano submitted a substitute resolution bearing the same title. ASSIGNED to Land Use and Economic Development Committee.

Requests for Hearings

071624	[Annual Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines]
	Hearing to consider the annual review and approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines. (Clerk of the Board) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

071625	[HIV/AIDS in the Latino community]
	Hearing on Aguilas and the organization's efforts to prevent the spread of HIV/AIDS in the Latino community. Supervisor Ammiano presented. RECEIVED AND ASSIGNED to Rules Committee. Sponsor requests that the item be scheduled for the December 13, 2007 special meeting of the Rules Committee.

Motion

071626	[Repealing Board Rule 3.9.1 - Mayor's Appearance Before the Board of Supervisors]
	Motion amending the Rules of Order of the Board of Supervisors to repeal Rule 3.9.1 regarding Mayor's Appearance Before the Board. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

071575

[Settlement of Lawsuit - Trustees of The J. David Gladstone Institutes, et al., v. CCSF]

Ordinance authorizing settlement of the lawsuit filed by Trustees of The J. David Gladstone Institutes against the City and County of San Francisco for the payment of $420,000 to the City and County of San Francisco; the lawsuit was filed on February 13, 2007 in San Francisco Superior Court, Case No. 460-409; entitled Trustees of The J. David Gladstone Institutes, et al., v. City and County of San Francisco, et al; other material terms of the settlement are that the Lease will be amended to terminate The J. David Gladstone Institutes as a tenant of San Francisco General Hospital Building 40. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

Clerk to Act – December 4, 2007

Board Minutes for November 6, 2007 and November 13, 2007 approved.

Requests Granted

From: Supervisor Sandoval
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft legislation to allow taxi companies to charge a higher gate fee for alternatively fueled taxis according to the following schedule:

Taxis purchased in year one – ten dollar gate fee increase.
Taxis purchased in year two – six dollar gate fee increase.
Taxis purchased in year three – three dollar gate fee increase.

Alternatively fueled vehicles shall include hybrid, liquid natural gas and electric vehicles. The legislation shall also require that after year three traditionally fueled taxis shall be prohibited in the City and County of San Francisco. This requirement shall not be extended to taxis used for para-transit.

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

Requesting/Inquiring: Inquiring into the possibility of placement of a stop sign at the intersection of Ridgewood and Joost Street.

From: Supervisor Sandoval
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft legislation to prohibit the City and County from selling certain vehicles that were impounded by the police department except for use as scrap metal. This prohibition shall apply to

Vehicles that are not required to get smog checks, that are not required to have catalytic converters or vehicles that have been impounded three or more times, unless a vehicle is deemed of historic or unusual cultural value as determined in the sole discretion of the DPT director.

From: Supervisor Sandoval
To: Controller

Requesting/Inquiring: Requesting the Controller to provide the following information:

The number of vehicles sold at Police auction by the City.
A breakdown on the vehicles sold by year, make, and model.
The total revenue generated for the City.
A breakdown of the revenue generated by the year, make, and model of vehicles sold.

From: Supervisor Chu
To: Director, Recreation and Parks Department
To: Director, Human Services Agency
To: Chief, Police Department
To: Director, Department of Public Works

Requesting/Inquiring: Requesting the above departments to provide information regarding to plans to address homelessness in the Sunset District and resources which will be devoted to those efforts.

From: Supervisor Mirkarimi
To: Director, Public Utilities Commission

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

1800 Block of Hayes both metal and wooden poles
Southwest corner of Haight and Divisadero
1225 Fulton
762 Hayes
Northwest corner of Golden Gate and Scott
1286 Fillmore
Southeast corner of Fillmore and Golden Gate
Northeast corner of Laguna and Eddy
Southwest corner of McAllister and Central
Northwest and southwest corner of Golden Gate and Broderick
1760 Golden Gate
1727 Golden Gate

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 at the following locations:

Northeast corner of Scott and McAllister
Northeast corner of Pierce and Golden Gate
Southwest corner of Hayes and Ashbury
Southeast corner of McAllister and Hayes
2166 Hayes
Southwest corner of Hayes and Ashbury (Garbage Cans)

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 private property locations:

359 Divisadero
1675 Fulton
742-750 Central (side of the property)
482 Haight Street

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 locations:

2049 Grove Street – Traditions Elementary School (Sidewalk)
1455 Golden Gate (Sidewalk)

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

Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations:

465 Grove
Grove and Broderick north crosswalk

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 newsstands at the following locations:

Southeast corner of Hayes and Divisadero (Advertiser)
Southeast corner of Haight and Divisadero (Chronicle)
Northwest corner Divisadero and Hayes (Chronicle)
Southeast corner of Hayes and Divisadero (Onion)
Southwest corner of Hayes and Webster (SF Weekly)