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April 14, 2009

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
April 14, 2009

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

090461 [Providing members of the public with access to language services]
Ordinance amending the San Francisco Administrative Code by adding new Sections 91.1, 91.8, 91.11, 91.14, 91.18; amending Sections 91.2, 91.3, 91.4, 91.6; amending Section 91.8 and renumbering Section 91.8 as 91.9; amending Section 91.9 and renumbering Section 91.9 as 91.10; amending Section 91.11 and renumbering Section 91.11 as 91.13; amending Section 91.12 and renumbering Section 91.12 as 91.15; amending Section 91.14 and renumbering Section 91.14 as 91.17; renumbering Sections 91.10 as 91.12 and 91.13 as 91.16 to rename the Equal Access Ordinance to Language Access Ordinance and add findings; to develop language services protocols in crisis situations, to amend the contents required in departmental Annual Compliance Plans; to create reporting requirements, to create and outline the Office of Civic Engagement and Immigrant Affairs' responsibilities; to clarify the Ordinance intent to promote the general welfare of the public; to require all City departments to comply with the minimal requirements set forth in this Ordinance; to expand the number of City departments that must comply with the Ordinance in its entirety; to require all City departments to inform Limited English Speaking Persons of their rights under the Ordinance; to require all City Boards, City Commissions, and City Departments to translate meeting minutes; and to amend the compliant procedures. Supervisor Chiu presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee.
090199 [Conflict of Interest Code Amendments]
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending sections 3.1-110, 3.1-120, 3.1-140, 3.1-145, 3.1-150, 3.1-155, 3.1-165, 3.1-175, 3.1-195, 3.1-207, 3.1-218, 3.1-240, 3.1-251, 3.1-253, 3.1-267, 3.1-275, 3.1-280, 3.1-285, 3.1-315, 3.1-320, 3.1-340, 3.1-345, 3.1-362, 3.1-365, 3.1-395, 3.1-410, 3.1-415, 3.1-420, 3.1-422, 3.1-435, 3.1-460, deleting sections 3.1-193, 3.1-300, 3.1-350, 3.1-425, and adding sections 3.1-158, 3.1-268, 3.1-350 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure categories. Supervisor Daly presented. ASSIGNED UNDER 30 DAY RULE to Rules Committee. AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Heard in Committee. Speaker: Andrew Shen, Deputy City Attorney. Amendment of the Whole. RECOMMENDED AS AMENDED... SUBSTITUTED. Supervisor Daly submitted a substitute ordinance bearing new title. ASSIGNED to Rules Committee. RE-REFERRED to Rules Committee. Supervisor Daly requested to be added as a co-sponsor.
090418 [Waiver of fee for temporary farmers' market in Noe Valley from April 14, 2009, through September 29, 2009]
Ordinance waiving the fees in San Francisco Business and Tax Regulations Code Sections 35 and 248, San Francisco Planning Code Section 355(d), and San Francisco Administrative Code Section 1.10-1 for a farmers' market to be held at 3950 24th Street from April 14, 2009 through September 29, 2009. Supervisor Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. SUBSTITUTED. Supervisor Dufty submitted a substitute ordinance bearing new title. ASSIGNED to Budget and Finance Committee.
090225 [Residential Water Conservation Ordinance Amendments]
Ordinance amending Chapters 12A of the San Francisco Housing Code to achieve water conservation by improving the water efficiency of residential buildings by amending the standards for water closets, showerheads, and faucet aerators and requiring leak repair in all residential buildings, except for tourist hotels and motels, required upon the occurrence of specific events, amending Chapter 12A to allow an exemption to preserve historical integrity, amending Chapter 12 and 12 A to allow paper and/or electronic forms for compliance and providing that compliance records may be available via the internet, amending Section 1211 to clarify that domestic partners are entitled to the same exemptions from the definition of transfers as spouses, amending the Section 1216 fee provision for energy conservation compliance to include water conservation compliance, and providing that this ordinance shall be effective no earlier than July 1, 2009. Mayor, Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 3/2/09 - Referred to the Building Inspection Commission and the Small Business Commission for review and comment. RESPONSE RECEIVED. Building Inspection Commission recommended approval of ordinance with amendments. SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. ASSIGNED to Land Use and Economic Development Committee.
090226 [Commercial Water Conservation Ordinance Amendments]
Ordinance amending Chapter 13A of the San Francisco Building Code to achieve water conservation by improving the water efficiency of commercial buildings by changing the standards for water closets, urinals, showerheads and faucet aerators and requiring leak repair, required upon the occurrence of major additions or improvements, and in all defined commercial buildings no later than January 1, 2017, authorizing an exemption to preserve historical integrity of the building, authorizing paper and/or electronic forms for compliance and providing that compliance records may be available via the internet, providing that reasonable fees may be required to pay for the cost of implementing this Chapter, to be established by subsequent Board action, and providing that this ordinance shall be effective no earlier than July 1, 2009. Mayor, Supervisor Maxwell presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 3/2/09 - Referred to the Building Inspection Commission and the Small Business Commission for review and comment. RESPONSE RECEIVED. Building Inspection Commission recommended approval of ordinance with amendments. SUBSTITUTED. Supervisor Maxwell submitted a substitute ordinance bearing new title. ASSIGNED to Land Use and Economic Development Committee.

Resolutions

090462 [AmeriCorps Week - May 9 - 16, 2009]
Resolution declaring May 9 - 16, 2009, AmeriCorps Week. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090463 [Supporting Aerial Spraying of Pesticide: Inert Ingredients Act (Senate Bill 759)]
Resolution urging the City and County of San Francisco to support Senate Bill 759, Aerial Spraying of Pesticide: Inert Ingredients Act. Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090464 [Congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City in El Salvador, Santa Tecla]
Resolution congratulating President-Elect Mauricio Funes of El Salvador and encouraging further collaboration and solidarity with San Francisco's Sister City, Santa Tecla. Supervisors Campos, Avalos, Daly, Mar, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090465 [Denouncing immigration raids and supporting comprehensive immigration reform]
Resolution acknowledging immigrant contributions, denouncing Immigration and Customs Enforcement (ICE) raids, and supporting comprehensive immigration reform focused on family unity, worker justice, civil rights and a path to legalization. Supervisor Campos presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090466 [Taxi Medallion Fees]
Resolution urging the San Francisco Municipal Transportation Agency to examine and consider taxi medallion fees. Supervisor Chiu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090467 [Urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk]
Resolution urging the United States Postal Service to issue a commemorative stamp in honor of Supervisor Harvey Milk. Supervisors Dufty, Campos presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090468 [Commending Captain Denis O'Leary for his leadership at the Ingleside Station]
Resolution commending Captain Denis O'Leary for his leadership at the Ingleside Station, and his accomplishments increasing public safety. Supervisors Dufty, Campos, Elsbernd, Avalos, Mirkarimi presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
090469 [Green Building Ordinance - Finding of Cost Effectiveness and Energy Savings]
Resolution adopting a finding by the Board of Supervisors, required by State law, that the City's Green Building Ordinance (Chapter 13C of the San Francisco Building Code) is cost effective and will save more energy than the 2008 California Building Efficiency Standards that will go into effect throughout the State of California on August 1, 2009, and directing the Department of Building Inspection or other appropriate City staff to cause the Green Building Ordinance, this resolution, and the supporting study to be transmitted to the California Energy Commission for its review and re-approval. Mayor presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
090472 [Commending Neil G. Giuliano for his success as the President and voice of Gay and Lesbian Alliance Against Defamation (GLAAD)]
Resolution commending Neil G. Giuliano for his dedication and service as the President of the Gay and Lesbian Alliance Against Defamation (GLAAD). Supervisor Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

090456 [Youth Commission's Recommended Budget Priorities]
Hearing on the Youth Commission's Recommended Budget Priorities. Supervisor Avalos presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.
090457 [Status of the implementattion of the improvements to Duboce Park]
Hearing to receive an update from the Recreation and Parks Department (RPD) on the status of the implementation of the improvements to Duboce Park including the playground, pathways, proposed youth play zone, basketball courts, and western grassy play area. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
090458 [San Francisco Botanical Gardens]
Hearing to discuss the Recreation and Park Department's proposal to charge an entrance fee to the San Francisco Botanical Gardens. Supervisor Mar presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.
090459 [Eastern Neighborhoods Plans]
Hearing on the progress report on the implementation of the recently adopted Eastern Neighborhoods Plans. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.
090460 [Process and selection of San Francisco Police Department Ingleside District Station for community policing]
Hearing on the process and selection of San Francisco Police Department (SFPD) Ingleside District Station as the pilot station for community policing as outlined by the performance review. Supervisors Mirkarimi, Campos, Dufty presented. RECEIVED AND ASSIGNED to Public Safety Committee.

Motions

090470 [Appointment, Entertainment Commission - Nicky Calma]
Motion approving the Mayor's nomination for appointment of Nicky Calma to the Entertainment Commission, for the unexpired portion of a four-year term ending July 1, 2009. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee.
090471 [Appointment, Entertainment Commission - Nicky Calma]
Motion rejecting the Mayor's nomination for appointment of Nicky Calma to the Entertainment Commission, for the unexpired portion of a four-year term ending July 1, 2009. (Clerk of the Board) . RECEIVED AND ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

090385 [Settlement of Lawsuit - Robert Cruz and Darwin Dias - $92,000]
Ordinance authorizing settlement of the lawsuit filed by Robert Cruz and Darwin Dias against the City and County of San Francisco for $92,000; the lawsuit was filed on January 14, 2008 in the United States District Court, Northern District of California, Case No. 08-0244; entitled Robert Cruz, et al. v. City and County of San Francisco, et al. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.
090388 [Zoning - Establishing the 1500 Page Street Residential Care Special Use District]
Ordinance amending the San Francisco Planning Code by adding Sections 249.41 and 263.22 to establish the 1500 Page Street Residential Care Special Use District (SUD), encompassing the real property located at 1500 Page Street (Assessor's Block 1223, Lot 004), to permit the expansion of a building used for residential care; and adopting General Plan, Planning Code and environmental findings. (Planning Commission) Supervisor Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.
090392 [Zoning - Ordinance amending Planning Code Section 309.1]
Ordinance amending Planning Code Section 309.1 to allow a design review exception for Downtown Residential districts permitting minor height measurement modifications that could otherwise be modified as a Planned Unit Development pursuant to Section 304. (Planning Department) . ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS

090383 [In Home Supportive Services Contract with IHSS Consortium of San Francisco]
Resolution approving the contract between the City and County of San Francisco and the IHSS Consortium of San Francisco for the provision of In-Home Supportive Services for the period from July 1, 2009 to June 30, 20013, in the amount of $74,996,175. (Human Services Department) . RECEIVED AND ASSIGNED to Budget and Finance Committee.
090384 [Settlement of Unlitigated Claim - Allstate Insurance Company - $30,000]
Resolution approving the settlement of unlitigated claim of Allstate Insurance Company as subrogee for Rajitha Sangha against San Francisco for $30,000; claim was filed on October 22, 2008. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee.
090386 [Approval of Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $18,250,293.80]
Resolution approving Contract Modification No. 2 to Contract No. 350-30 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 30-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, delete special tools that are no longer needed, and purchase training modules, at an additional cost of $1,075,524, for a total contract amount not to exceed $18,250,293.80. (Municipal Transportation Agency) . RECEIVED AND ASSIGNED to Budget and Finance Committee.
090387 [Approval of Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco and DaimlerChrysler Commercial Buses North America Ltd. - $32,223,133.25]
Resolution approving Contract Modification No. 4 to Contract No. 350 between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and DaimlerChrysler Commercial Buses North America Ltd., to replace the energy storage system in the entire 40-foot hybrid electric bus fleet from lead acid based batteries and controls to lithium-ion based batteries and controls with a five-year battery warranty, at an additional cost of $2,520,000, for a total contract amount not to exceed $32,223,133.25. (Municipal Transportation Agency) . RECEIVED AND ASSIGNED to Budget and Finance Committee.


Clerk to Act – April 14, 2009

Board Minutes for March 17, 2009 approved.

Requests Granted

From: Supervisor Dufty
To: The Honorable Jared Polis, Member of Congress, 501 Cannon H.O.B., Washington, D.C. 20515-0602
Requesting/Inquiring: Supervisor Bevan Dufty requests that we advise you of the Board's passage of Resolution 090428 condemning the persecution and murders of Lesbian, Gay, Bisexual, and Transgender (LGBT) Iraqi Citizens and that the Board commends your leadership and advocacy during your Congressional visit to Baghdad drawing attention the pervasive violence and killings of Gay Iraqi's and insistence that the United States and Government of Iraq take action to make these killings stop.

Cc: The Honorable Nancy Pelosi
Speaker, U.S. House of Representatives
450 Golden Gate Avenue, 14th Floor
Washington, D.C., 20515-0602

The Honorable Jackie Speier
Member of Congress
400 S. El Camino Real, Suite 410
San Mateo, CA 94402

From: Supervisor Mirkarimi
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft legislation that allows the San Francisco Department of Public Health to establish a pilot program for administering and directly distributing medical cannabis in accordance with Proposition 215 and SB 420.

From Supervisor Mirkarimi
To: Director, Department of Public Work
Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following public property locations:

Utility Boxes
Southeast corner Post and Broderick
Southwest corner Bush and Divisadero
Southwest corner Broderick and Fulton
Northeast corner Laguna and Oak
Southwest corner Geary and Webster
Southwest corner Scott and Haight
Northwest corner Waller and Scott

Bus Shelters
Southwest corner Pierce & Haight
Southside of Street at Haight & Buena Vista West
Fillmore and Haight (all 4 bus stops, graffiti and grime)

Emergency Boxes
Southeast corner Scott & Oak

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:

San Francisco Bay Guardian
Southeast corner of Fillmore and Post
Southwest corner of Divisadero and Sutter
9th Avenue and Judah (near bus stops)
7th Avenue and Irving (near bus stops)
Northwest corner of Hayes and Fillmore
Southeast corner of Fillmore and Haight

San Francisco Chronicle
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore
Irving and 9th Avenue
Irving and 7th Avenue
Southwest corner of Haight and Clayton
Southeast corner of Haight and Masonic

Examiner
Northwest corner of Fillmore and Hayes
Southeast corner of Haight and Fillmore

SF Daily
Northwest corner of Hayes and Gough

City Star
Northwest corner of Hayes and Gough
Southeast corner of Fillmore and Haight

SF Weekly
Southeast corner of Masonic and Haight and Southeast corner of Haight and 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:

Garbage Cans
Southwest corner Webster and Haight
Southwest corner Oak & Fillmore
Northwest corner Sutter & Scott
Northwest Baker & Haight
Southeast corner Masonic & Haight
Northwest McAllister & Haight

Mailboxes
Northwest corner Cole and Page
Southwest Fillmore & Hermann

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:

In front of 588 Haight Street, street and gutter repair, DPW fixed it recently but it still floods by the City gutter, and the pavement is uneven and cracking.

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 utility poles at the following locations:

Metal Poles
In front of 1260 Haight
In front of 937 Haight
Northwest corner Divisadero and Haight
Southeast corner Pierce and Haight
Southeast corner Potomac and Haight

Wood Pole
Southwest corner Page and Shrader
Southeast corner Frederick and Shrader

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:
1805 Divisadero
583 Haight
237 Steiner
494 Haight
55 Laguna (Haight & Buchanan)
478 Haight
546 Haight
44 Haight
1576 Page
400 Ashbury
1638 Stanyan
193 Haight
339 Fillmore
1399 Haight
1213 Fell
1401 Haight
1366 Haight
1220 Haight
1301 Haight
1431 Haight
1192 Haight
1444 Haight
963 Haight
1470 Haight
799 Haight
1599 Haight
807 Haight
501 Fillmore

In Memoriams
Redmond Kernan – Entire Board
Dr. Richard Johnson – Supervisor Daly
John Byrd – Supervisor Dufty
Annette Lillian Friedman Clark – Supervisor Dufty
David Brett Bullen – Supervisor Dufty
Michael P. Kenny – Supervisor Dufty
Lilian (Lily) Gaspari Ghielmetti – Supervisor Dufty
Tom Kennedy – Supervisor Mirkarimi

Last updated: 9/10/2014 4:21:51 PM