City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
March 31, 2009
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordinances
| 090402 |
[Zoning - New Controls for Massage Establishments] |
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Ordinance amending Planning Code Sections 790.60, 890.60 and 218.1 to restrict permitted accessory massage uses and to make all other massage establishments, except chair massage in plain view of the public, subject to a conditional use permit; amending Planning Code Section 303 to list additional criteria for the Planning Commission to consider when analyzing conditional use applications for massage establishments; amending the tables at Sections 218.1, 714.1, 715.1, 810.1, 811.1, and 812.1, to change massage establishments from a permitted use to a conditional use in the PDR 1, or Light Industrial Buffer, and PDR 2, or Production, Distribution, and Repair Districts, and in the Broadway Neighborhood Commercial District, the Castro Neighborhood Commercial District, and the Chinatown Mixed Use Districts; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. Mayor, Supervisors Chu, Chiu presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 090403 |
[Penalties for violation of Massage Practitioner Licensing and Regulation Ordinance] |
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Ordinance amending Health Code Sections 1918 and 1928 to change the hours of permitted operation for massage establishments and to revise the penalties for violating Health Code Sections 1900 et seq., adding Health Code Section 1928.1 to provide for payment of the costs of administrative and other proceedings, and adding Health Code Section 1928.2 to provide for criminal penalties. Mayor, Supervisor Chu presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 090404 |
[Certificates of Participation for Street Improvements - $42,000,000] |
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Ordinance authorizing the execution and delivery of Certificates of Participation in an aggregate principal amount not to exceed $42,000,000 to finance the acquisition, construction, improvement and installation of certain street improvements; approving the form of a First Supplement to Trust Agreement between the City and County of San Francisco and the Trustee named therein (including certain indemnities contained therein); approving the form of a First Supplement to Project Lease between the City and the Trustee relating to the real property and improvements located at 375 Laguna Honda Boulevard; approving the form of an Official Notice of Sale and Notice of Intention to Sell for the Certificates of Participation, if sold by competitive sale; authorizing certain actions relating to the Certificates of Participation, if sold by negotiated sale; approving the form of an official statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Resolutions
| 090405 |
[Accept and Expend - Emergency Shelter Grants Program - $979,908] |
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Resolution approving the 2009/10 Emergency Shelter Grant (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City's 2009/10 Emergency Shelter Grant Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $944,908 and to expend Reprogrammed Funds in the amount of $35,000. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090406 |
[Accept and Expend - HOME Program - $7,740,804] |
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Resolution approving the 2009/10 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City's 2009/10 HOME Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $7,740,804. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090407 |
[Accept and Expend - Community Development Block Grant (CDBG) - $21,801,829] |
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Resolution approving the 2009/10 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City's 2009/10 Community Development Block Grant Program entitlement from the U.S. Department of Housing and Urban Development (HUD) in the amount of $19,821,829 and to expend Program Income and Reprogrammed Funds in the amount of $1,980,000. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090408 |
[Supporting the Clean Air for Children, Seniors, and Working Families Act] |
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Resolution urging the City and County of San Francisco to support Assembly Bill 622, the Clean Air for Children, Seniors, and Working Families Act. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090409 |
[Child Care Provider Recognition Day - April 26, 2009] |
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Resolution declaring April 26, 2009, to be San Francisco Child Care Provider
Recognition Day. Supervisor Avalos presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090410 |
[Employee Free Choice Act] |
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Resolution affirming support for House Resolution 1409, the Employee Free Choice Act, and urging the United States Congress to pass the Employee Free Choice Act and protect and preserve, for America's workers, the freedom to choose for themselves whether and how to form a union to bargain for a better life. Supervisor Avalos presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090411 |
[Mary Risley and Tante Marie Day - April 26, 2009] |
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Resolution proclaiming April 26, 2009, as "Mary Risley and Tante Marie Day" in San Francisco. Supervisor Chiu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090412 |
[Repeal Defense of Marriage Act] |
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Resolution urging our California Congressional delegation to lead the fight to repeal the Federal "Defense of Marriage Act." Supervisors Chiu, Dufty, Campos, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090413 |
[Donate Life Month - April] |
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Resolution supporting April as Donate Life Month and urging all San Franciscans to participate in the Donate Life California Donor Drive. Supervisor Chu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090414 |
[Commending Zrich Mayor-Elect Corine Mauch] |
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Resolution honoring Corine Mauch on her historic election as the first woman and openly gay Mayor of the City of Zürich, Switzerland. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090324 |
[Accept and Expend U.S. Transportation Security Administration Grant - $15,800,000] |
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Resolution authorizing the Airport to retroactively negotiate and execute an Other Transaction Agreement from the Transportation Security Administration for the Terminal 2 In-Line Explosives Detection System Matrix in the amount not-to-exceed Fifteen Million Eight Hundred Thousand Dollars ($15,800,000) and accept and expend federal funds. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. SUBSTITUTED. Supervisor Elsbernd submitted a substitute resolution bearing new title. ASSIGNED to Budget and Finance Committee. |
Requests for Hearings
| 090399 |
[School Crossing Guard Program] |
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Hearing on the school crossing guard program, the process to request and assign crossing guards, a breakdown of the distribution of crossing guards citywide, and the effect of pending budget cuts and layoffs on the program. Supervisor Avalos presented.RECEIVED AND ASSIGNED to City and School District Select Committee. |
| 090400 |
[County Welfare Directors Association (CWDA) and California State Association of Counties (CSAC) Joint Report] |
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Hearing on CWDA and CSAC Joint Report: "Human Services in a Time of Economic Crisis - An Examination of California's Safety-Net Programs and Related Economic Benefits for Communities". Supervisor Avalos presented.RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090401 |
[Community Development Block Grant (CDBG) funding changes] |
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Hearing to discuss the changes in Community Development Block Grant (CDBG) funding and the effect on community based organizations that provide services and technical assistance to small businesses and entrepreneurs. Supervisor Mar presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Motions
| 090416 |
[Closed Session - Existing Litigation - Fonseca v. Fong et al.] |
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Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation entitled Charles Fonseca v. Heather Fong, Louise Renne, Theresa Sparks, David Campos, Joe Alioto Veronese, Petra DeJesus, Yvonne Lee, and Dr. Joe Marshall, respondents, and San Francisco Police Department, real party in interest, San Francisco Superior Court No. CPF 07-507227; California Court of Appeal No. A120206, filed May 4, 2007.
Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1) permit this closed session. Discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the pending lawsuit. Supervisors Alioto-Pier, Elsbernd presented.ASSIGNED to Rules Committee. |
PROPOSED ORDINANCES
| 090354 |
[Settlement of Lawsuit - State of California, Department of Alcohol and Drug Programs - $604,354] |
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Ordinance authorizing settlement of the administrative action filed by the State of California, Department of Alcohol and Drug Programs against the City and County of San Francisco for $604,354; the administrative action was initiated on March 20, 2008, in the California Office of Administrative Hearings, Case Nos. SACPA 02/03-38 and 03/04-38, OAH No. 2008070346 entitled In the Matter of the Audit of the City and County of San Francisco, Substance Abuse and Crime Prevention Act. (City Attorney) .RECEIVED AND ASSIGNED to Rules Committee. |
PROPOSED RESOLUTIONS
| 090355 |
[Airport Commission's Declaration of Emergency Contract Pursuant to Sec. 6.60 of the San Francisco Administrative Code] |
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Resolution concurring with the Airport Commission's Declaration of Emergency in response to the boiler failures at the Airport and approving a contract between the Airport Commission and Ghiloti Brothers for the purchase of two new boilers. (Airport Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090356 |
[Agreement to Sell the Dolores Hotel Located at 35-37 Woodward Street] |
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Resolution approving and authorizing the execution and performance of an Agreement For Sale of Real Estate relating to the property commonly known as the Dolores Hotel and located at 35-37 Woodward Street; adopting findings that the sale is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property and the Director of the Mayor's Office of Housing to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Clerk to Act – March 31, 2009
Board Minutes for February 24, 2009 and March 3, 2009 approved.
Requests Granted
From: Supervisor Chiu
To: Controller
Requesting/Inquiring: Requesting the Controller to conduct a cost benefit analysis of options the City is considering regarding the Data Center project.
From: Supervisor Dufty
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft an ordinance, similar to Administrative Code Sections 3.20 and 3.21, that would require that the city and, through the leadership of the Department of Technology, annually develop and adopt a 10-year Technology Investment Plan (TIP) for all.
This Plan would reflect all major technology investments by City Departments, such as the Justice Information Tracking System (JUSTIS), public safety information system, and the need for a new SFMTA Central Control Facility (CCF), as examples.
A Technology Planning Committee (TPC) should include the City Administrator, Director and Deputy Director of the Technology Department, the Controller, President of the Board of Supervisors, Mayor's Finance Director, among others. Each member of the TPC may designate a representative to serve as a voting member of the committee.
The Technology Investment Plan should incorporate all major planned investments to maintain, repair, and improve the condition of the City's Technology assets and infrastructure.
From: Supervisor Alioto-Pier
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to prepare a Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation entitled Charles Fonseca v. Heather Fong, et al., San Francisco Superior Court No. CPF 07-507227; California Court of Appeal No. A120206, filed 5/4/07 during the Board Meeting on 4/7/09.
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 following locations:
Metal Pole
In front 850 Oak
Southeast corner Central & Haight
Northeast corner Frederick & Lincoln
Northeast corner Baker & Haight
Bus Shelters
Southwest corner Scott & Hayes
All four bus shelters on Haight & Fillmore
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 following locations:
Utility Boxes
Northwest corner Divisadero & Oak
Southwest corner 7th Avenue & Lincoln
Garbage Cans
Northeast corner of 7th Avenue & Hugo
Mailboxes
Northeast corner Fillmore & Haight
Northeast corner of Hugo & 7th 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 private property locations:
130 Hugo
600 Irving
999 Oak
644 Cole
901 Haight
1301 Haight
1401 Haight
1584 Haight
448 Haight
706 Buchanan
799 Haight
1213 Fell
514 Haight
525 Haight
546 Haight
535 Haight
593 Haight
609 Haight
681 Haight
In Memoriams
Joseph Carl Dickens – Supervisor Dufty
Louise Weissman – Supervisor Dufty
John "Jack" Milano – Supervisor Dufty
Helen Logan Tuft – Supervisor Dufty
Idalia Cristina Hernandez-Rice – Supervisor Dufty
Eric Jermaine Culp – Supervisor Mar
Jonathan Palewicz – Supervisor Mar
Damija Walls – Supervisor Maxwell