Board of Supervisors : December 11, 2007

City and County of San Francisco

City Seal

Legislation Introduced
Including All Off-Calendar Items
December 11, 2007

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

071659	[Changes the name of the Film Commission and deletes the cap on the amount that an individual production can receive under the Rebate Program]
	Ordinance changing the name of the Film Commission to the "Film and Digital Cinema Commission," and repealing the provision that limits individual rebates under the Rebate Program to the amount of tax that the film production paid to the City. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071661

[Menu Labeling At Chain Restaurants]

Ordinance amending Sections 468 through 468.8 of the San Francisco Health Code to (1) require chain restaurants to provide, per standard menu item, the total number of calories on menu boards and food tags, and the total number of calories, saturated fat, carbohydrates and sodium on menus; and (2) revise existing requirements for providing nutritional information on alternative disclosure media. Supervisors Ammiano, Dufty, Mirkarimi, McGoldrick, Maxwell presented. ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

071662

[Prohibiting contractors from assisting in the enforcement of federal immigration law unless required by applicable laws]

Ordinance amending the San Francisco Administrative Code by amending Sections 12B.2 and 12C.3 to prohibit contractors of the City and County of San Francisco from assisting in the enforcement of federal immigration law, except where required by applicable laws, and to add "place of birth" to the list of protected categories, and by adding Section 12C.01 to change the title of Chapter 12C to "Nondiscrimination in Business Establishments and Public Accommodations." Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071669

[Planning -Haight Street Neighborhood Commercial District - Full-Service Restaurants]

Ordinance amending Planning Code Sections 719.1 and 781.9 concerning the Haight Street Neighborhood Commercial District to provide for up to four new full-service restaurant uses that satisfy specific requirements and obtain conditional use authorization, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

071670

[Administrative fines for violation of City ordinances]

Ordinance amending the San Francisco Administrative Code by adding Chapter 100, entitled "Procedures Governing the Imposition of Administrative Fines" and encompassing Section 100.1 through 100.10, to establish a procedure for the assessment, review and appeal of administrative fines imposed for violation of City ordinances. Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071671	[De-appropriating $50,000 Golden Gate Park Stables General Fund project and Re-appropriating $50,000 for Golf Course Recreational Study at Recreation and Park for Fiscal Year 2007-2008]
	Ordinance de-appropriating $50,000 of General Fund from the Golden Gate Park Stables Project and re-appropriating $50,000 of General Fund for a Recreational Opportunity Study at San Francisco Golf Courses in the Department of Recreation and Park for Fiscal Year 2007-2008. Supervisor McGoldrick presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

071672	[Public Works Code - landmark trees]
	Ordinance amending Section 810 of the San Francisco Public Works Code to make clarifying changes, establish hearing notice provisions, and extend the term of temporary designation of nominated landmark trees; and making environmental findings. Supervisor McGoldrick presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

071674

[Zoning - Amend Superseded Height and Bulk Provisions in the North Beach NCD]

Ordinance amending the San Francisco Planning Code by amending Section 722.10 and the Zoning Control Table in Section 722 to delete building height and bulk provisions superseded by Ordinance No. 20-88 and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Peskin presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

071677

[Affordable Energy Improvement Loan Program General Obligation Bond Election]

Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, June 3rd 2008, for the purpose of submitting to the voters of the City and County of San Francisco a proposition to restructure the City's previously approved Seismic Safety Loan Program to authorize the following bonded debt of the City and County: Fifty Million Dollars ($50,000,000) for a loan program seeking to finance privately-owned renewable energy and energy efficiency projects, subject to loan repayments from the borrowers in amounts necessary to pay debt service on such bonded indebtedness; amending the previously approved Seismic Safety Loan Program bonding authority to reflect such reallocation; finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; finding that the proposed project is excluded from the California Environmental Quality Act; finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; authorizing landlords to passthrough to residential tenants in units subject to Chapter 37 of the San Francisco Administrative Code (the Residential Stabilization and Arbitration Ordinance") 50% of the increase in the real property taxes attributable to the cost of the repayment of the bonds; consolidating the special election with the general election on the same date; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; incorporating the provisions of Article V of Chapter V of the San Francisco Administrative Code; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

071679

[Solar Energy Incentive Program.]

Ordinance amending the Environment Code by adding Chapter 18 creating a Solar Energy Incentive Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; and imposing duties and responsibilities on the program administrator. Mayor presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

Resolutions

071656	[Commending the Latino transgender community for their advocacy on behalf of the transgender and Latino communities]
	Resolution commending the Latino transgender community for their advocacy on behalf of the transgender and Latino communities. Supervisor Sandoval presented. ADOPTED.

071660	[Comprehensive Package to Support Film Production in San Francisco]
	Resolution directing City departments, and urging other public entities, to cooperate with the Film Commission to streamline film permitting procedures, to adopt a single Use Agreement and a single insurance policy for film productions, and to create consistent fee structures. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Rules Committee.

071665	[Accept-Expend State Grant, Chief of Police - $220,000]
	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 $220,000 from the Governor's Office of Emergency Services for a program entitled Anti-Gang Initiative/Project Search & Rescue . Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Public Safety Committee.

071666

[Accept-Expend Federal Grant, Chief of Police - $754,618]

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 $754,618 from the U.S. Department of Justice, Bureau of Justice Assistance for a program entitled Byrne 2007 Discretionary Grant Program; BJA-Targeting Violent Crime Initiative . Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Public Safety Committee.

071668	[Reauthorization of Food Security Task Force]
	Ordinance amending the San Francisco Health Code by amending Sections 470.1 and 470.2, to extend the sunset provisions of the Food Security Task Force to January 31, 2009, and change the organizations from which members must be appointed. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Rules Committee.

071675	[Adding the name "Dante Benedetti Lane" to Jasper Alley in North Beach]
	Resolution adding the name Dante Benedetti Lane to Jasper Alley in North Beach in recognition of Dante Benedetti's many contributions to the community of North Beach and the City of San Francisco. Supervisor Peskin presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

071676

[Grant to support the Shape Up BVHP program]

Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a two-year grant from Kaiser Permanente in the amount of $150,000 for the project entitled Shape Up BVHP, for the period of October 1, 2007 through September 30, 2009, which includes a subcontract with the SF Study Center for $130,610 for the same time period. Supervisor Peskin presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

071678

[Affordable Energy Improvement Loan Program General Obligation Bonds]

Resolution determining and declaring that the public interest and necessity demand the restructuring of the City's previously approved Seismic Safety Loan Program to allow for the establishment of a loan program financing privately-owned improvements to real property that will result in a reduction in the use of energy generated from nonrenewable sources; finding that the estimated cost of $50,000,000 for such loan program is and will be too great to be paid out of the ordinary annual income and revenue of said City and County and will require the incurring of a bonded indebtedness; finding the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; stating that the ordinance submitting such proposal to the voters shall comply with Section 2.40 of the Administrative Code; and waiving the time limits set forth in Administrative Code Section 2.34. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

071680	[Urging the California State Assembly to pass Assembly Bill 23]
	Resolution urging the California State Assembly to pass Assembly Bill 23. Supervisors Dufty, Ammiano, Peskin, Mirkarimi, Sandoval presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071681

[Changing the name of a an approximately 200-ft long portion of Jessie Street bounded by 5th and Mint Streets and a 75-ft long portion of Mint Street to Mint Plaza]

Resolution changing the name of an approximately 200-foot-long portion of Jessie Street (from 400 to 426 Jessie Street), bounded by 5th Street and Mint Street and an approximately 75-foot portion of Mint Street (containing one address, 54 Mint Street) to Mint Plaza, in recognition of the newly constructed pedestrian plaza that now occupies those areas. Supervisor Daly presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

071682

[Approval of an additional 120-day extension for Planning Commission review in order to allow the Planning Department to meet the goals of this legislation through the Eastern Neighborhoods Rezoning]

Resolution extending by an additional 120 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance that would amend the Planning Code by repealing Section 825.1 and amend Planning Code Sections 135, 309.1, 318.3, 809, 825 and 827 to apply many of the provisions of Rincon Hill Downtown Mixed Use Zoning District to all Downtown Residential Districts and to add design requirements to enhance the pedestrian environment. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

071683

[Approval of a 90 day extension for Planning Commission review for Planning Code Amendment of C-3 Development Impact Fees]

Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance that would require the City Controller to study the impacts of new development in the C-3 zoning districts, requiring the Board of Supervisors to amend City codes to establish new development impact fees and/or to change the amounts of existing fees for development in the C-3 zoning districts, depending on the results of the study, and making environmental findings, General Plan findings, and other required findings. Supervisor Daly presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Hearings

071658	[Mountain Lake]
	Hearing regarding the status of Mountain Lake. The hearing will explore the extent of the problem, including any hazards to Mountain Lake users. The hearing will also focus on potential solutions and timeliness for completion. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

Charter Amendments

071663

[Charter Amendment - New hire qualifications for retiree health care; employer contributions to Health Service System for retiree health care for new hires; improving retirement benefits for City employees hired on or after January 10, 2009]

Charter amendment (First Draft) to add Sections A8.594 and A8.594-1 through A8.594-14 to provide retirement benefits for employees hired on and after January 10, 2009, who have never been members of the Retirement System before that date and to amend Sections A8.509, A8.584, A8.584-1, A8.587, and A8.587-1, to include certain rehired City employees as members of those plans; amend Section A8.428 to increase the years of service required for new employees to qualify for subsidized health benefits at retirement and to adjust the formula for calculating retiree health benefit subsidies for those new employees; amend Section 9.113.5 to pre-fund retiree health benefits for City employees; add Sections 12.204, A8.409-7, A8.432 and A8.590-8 and by amending Section A8.433 to fund retiree health benefits for the City and County of San Francisco and other participating employers. Mayor, Supervisor Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071664

[Charter Amendment - Retired employees convicted of crimes involving moral turpitude in connection with their employment to forfeit any right to pension benefits funded from employer contributions]

Charter amendment (First Draft) to amend Sections A8.584-9, A8.586-12, A8.587-9, A8.588-12, A8.597-12 and A8.598-12, and by adding Sections A8.584-13, A8.586-16, A8.587-14, A8.588-16, A8.597-16 and A8.598-16 to reaffirm the voters' intent that members convicted of a crime involving moral turpitude in connection with their duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit any right to a retirement benefit funded, in whole or in part, from contributions by the City and County, the school district, or the college district. Supervisor Elsbernd presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071667	[Charter Amendment - Dividing the power to nominate members of the Public Utilities Commission between the Mayor and the President of the Board of Supervisors, subject to confirmation by the Board]
	Charter amendment (First Draft) to amend Section 4.112 to divide the power to nominate members of the Public Utilities Commission between the Mayor and the President of the Board of Supervisors, subject to confirmation of all nominations by the Board of Supervisors. Supervisors Maxwell, Dufty, Peskin, Mirkarimi, Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

071673

[Charter Amendment - New hire qualifications for retiree health care; employer contributions to Health Service for retiree health care for new hires; improving benefits for retirees and City employees staying in service to age 60]

Charter amendment (First Draft) to amend Sections A8.428, A8.509, A8.526, A8.526-1, A8.587-2, and A8.587-13 to: reduce employer contributions for retiree medical benefits for employees hired after June 30, 2008 and retiring from the City and County of San Francisco with less than 15 years of credited service; and, increase retirement benefits to eligible employees to encourage longer employment and retention. Supervisors Peskin, Mirkarimi, Sandoval, Ammiano presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

PROPOSED ORDINANCES

071581

[Changing the official sidewalk width - Townsend Street]

Ordinance amending Ordinance No. 1061 entitled "Regulating the Width of Sidewalks" by adding thereto Section 1576 to change the official sidewalk width on the northerly side of Townsend Street between 6th and 7th Streets; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1 and requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) . RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

071612

[Settlement of Eminent Domain Lawsuit Against the City and County of San Francisco]

Ordinance authorizing settlement of the lawsuit filed by Pacific Gas & Electric ("PG&E") against the City and County of San Francisco for $1,088,000.00; the lawsuit was filed on June 6, 2006 in San Francisco Superior Court, Case No. CGC-06-452985; entitled Pacific Gas & Electric Company v. City and County of San Francisco; other material terms of said settlement are set forth in the Stipulation for Entry of Judgment in Condemnation and the Judgment in Condemnation, contained in Board of Supervisors File No. 071612. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED RESOLUTIONS

071579	[Approval of Modification No. 1 of Lease and Operating Agreement L-99-0321 with Cathay Pacific Airways, Ltd., at San Francisco International Airport]
	Resolution approving and authorizing the execution of Modification No. 1 of Lease and Operating Agreement L-99-0321 with Cathay Pacific Airways, Ltd., for office space in the International Terminal of San Francisco International Airport. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

071580	[Approval of Lease Agreement L-07-0255 with Singapore Airlines Cargo Pte., Ltd. at San Francisco International Airport]
	Resolution approving and authorizing the execution of Lease Agreement L-07-0255 with Singapore Airlines Cargo Pte., Ltd. for cargo warehouse and office space in Building 710 on Plot 12 of San Francisco International Airport. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

Clerk to Act – December 11, 2007

Requests Granted