City and County of San Francisco
Legislation Introduced
Including All Off-Calendar Items
May 12, 2009
OFF-AGENDA LEGISLATION
Introduced by Supervisors or Mayor
Ordinances
| 090583 |
[Just cause eviction protections for residential tenants, extend to non-rent controlled units] |
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Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Sections 37.2 and 37. 3 to extend just cause eviction requirements and protections to tenants in units that are not now subject to eviction controls (i.e., most residential rental units with a certificate of occupancy issued after June 13, 1979); and by amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to extend the City's current residential rental unit fee to these units. Supervisor Avalos presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 090584 |
[Requiring Lighting Efficiency Measures in Commercial and City Buildings] |
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Ordinance amending the San Francisco Building Code by adding a new Chapter 13D to require commercial buildings to increase efficiency of fluorescent lighting by 2011; amending Section 705 of the Environment Code to require City– owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. Supervisor Dufty presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. |
| 090585 |
[Safe Streets and Road Repair General Obligation Bond Election - $368,000,000] |
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Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, November 3rd 2009, for the purpose of submitting to San Francisco voters a proposition to incur the following bonded debt of the City and County: $368,000,000 to finance the resurfacing of roads, repair of sidewalks and street structures, and the redesign of streetscapes to include curb ramps and other pedestrian safety features and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants in accordance with Chapter 37 of the San Francisco Administrative Code; 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; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act, ("CEQA"); finding that the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; consolidating the special election with the general election; 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 the restrictions on the use of bond proceeds specified in Section 53410 of the California Government Code; incorporating the provisions of the San Francisco Administrative Code, Sections 5.30 – 5.36; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. Mayor, Supervisors Chiu, Dufty, Mar, Alioto-Pier, Campos presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090587 |
[Appropriating $14,152,000 to support cost overruns at San Francisco General and Laguna Honda Hospitals in the Department of Public Health for Fiscal Year 2008-2009] |
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Ordinance appropriating $14,152,000, including $12,051,000 from surplus hospital revenues at San Francisco General Hospital, $1,891,000 from surplus Department of Public Health General Fund revenues, and $210,000 from surplus hospital revenues at Laguna Honda Hospital, for cost overruns at San Francisco General Hospital and Laguna Honda Hospital in the Department of Public Health for Fiscal Year 2008-2009. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090588 |
[Building Code - fee adjustment] |
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Ordinance amending the Building Code to amend various sections and fee schedule tables concerning fees, permits requirements and terms, inspections, and other actions; and adopting environmental findings. Mayor, Supervisor Chiu presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090589 |
[Electrical Code - permit expiration] |
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Ordinance amending Electrical Code Section 89.1.22 concerning permit expiration and partial refund of fees. Mayor, Supervisor Chiu presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090590 |
[Plumbing Code - permit expiration] |
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Ordinance amending Plumbing Code Section 103.3.4.1 concerning permit expiration and partial refund of fees. Mayor, Supervisor Chiu presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
Resolutions
| 090568 |
[Resolution of Intention to form the Excelsior Community Benefit District] |
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Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the Excelsior Community Benefit District and levy a multi-year assessment on identified parcels in the district, (2) approving the management district plan and engineer's report and proposed boundaries map for the district, (3) ordering and setting a time and place for a public hearing thereon, (4) approving the form of the Notice of Public Hearing and Assessment Ballots, and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Supervisor Avalos presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 090569 |
[Resolution of Intention to renew the Union Square Business Improvement District, to be known as the Greater Union Square Business Improvement District] |
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Resolution (1) declaring the intention of the Board of Supervisors to renew the property-based Union Square business improvement district, to be known as the Greater Union Square Business Improvement District, and to levy a multi-year assessment on identified parcels in the district; (2) approving the management district plan and engineer's report and proposed boundaries map for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Supervisor Chiu presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
| 090586 |
[Safe Streets and Road Repair General Obligation Bonds] |
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Resolution determining and declaring that the public interest and necessity demand the resurfacing of roads, repair of sidewalks and street structures, and the redesign of streetscapes to include curb ramps and other pedestrian safety features and the payment of related costs necessary or convenient for the foregoing purposes; finding that the estimated cost of $368,000,000 for such improvements 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 incurring bonded indebtedness; finding that the proposed bond is not a project under the California Environmental Quality Act, ("CEQA"); finding the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code section 2.34. Mayor, Supervisors Chiu, Dufty, Mar, Alioto-Pier, Campos presented. RECEIVED AND ASSIGNED to Budget and Finance Committee. |
| 090591 |
[Lyme Disease Awareness Month - May 2009] |
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Resolution declaring May 2009 as Lyme Disease Awareness Month. Supervisors Alioto-Pier, Dufty presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090592 |
[Opposing the elimination of the State Department of Boating and Waterways] |
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Resolution opposing Governor Arnold Schwarzenegger's proposed elimination of the California Department of Boating and Waterways (DBW). Supervisor Alioto-Pier presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090593 |
[Commending Community Behavioral Health Services (CBHS)] |
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Resolution commending Community Behavioral Health Services (CBHS) on its exemplary work implementing the Mental Health Services Act (MHSA). Supervisor Avalos presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
| 090594 |
[Supporting recognition of married same-sex couples in the 2010 Census.] |
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Resolution calling for the recognition of legally married same-sex couples in the 2010 Census and for federal agencies to include lesbian, gay, bisexual and transgender individuals in all federal surveys and data collection. Mayor, Supervisors Dufty, Mirkarimi, Mar, Elsbernd, Campos, Alioto-Pier, Chiu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. |
Requests for Hearing
| 090580 |
[Assessment of City's overall victims' assistance, witness protection and trauma recovery services] |
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Hearing request on assessment of City's overall victims' assistance, witness protection and trauma recovery services, including assessment of service coverage and gaps as well as overall coordination of victims' and trauma recovery services. Supervisor Avalos presented. RECEIVED AND ASSIGNED to Public Safety Committee. |
| 090581 |
[San Francisco Unified School District's policies to make college a more viable option for every student] |
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Hearing on the San Francisco Unified School District's policies designed to make college a more viable option for every student. The hearing will examine efforts to align the District's graduation requirements with the A-G course sequence, which is required for admission to California public universities. The hearing will address the district's efforts to meet these expectations, particularly with respect to learning support, professional development, and the realignment of resources. Supervisor Elsbernd presented. RECEIVED AND ASSIGNED to City and School District Select Committee. |
| 090582 |
[Civil Grand Jury Report entitled "The Numbers Have Something to Say, Is Anybody Listening? Performance Measurement (PM) in San Francisco City Government"] |
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Hearing before the Government Audit and Oversight Committee regarding Civil Grand Jury Report entitled: "The Numbers Have Something to Say, Is Anybody Listening? Performance Measurement (PM) in San Francisco City Government." Supervisor Mirkarimi presented. RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. |
Introduced by the President at the Request of Departments
PROPOSED ORDINANCES
| 090501 |
[Settlement of Lawsuits - Transdyn/Cresci Joint Venture totaling $5,923,143.27] |
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Ordinance authorizing settlement of lawsuits filed by Transdyn/Cresci Joint Venture ("Joint Venture") against the City and County of San Francisco (the "City") seeking an unspecified amount of damages; the first lawsuit was filed by JMB Construction, Inc. against the Joint Venture on May 28, 2003 as JMB Construction, Inc. v. Transdyn/Cresci Joint Venture et al. Various cross-actions were filed, including an action filed by the Joint Venture against the City. The actions were coordinated as the SCADA cases in Alameda County Superior Court, JCCP 004364. The action between the Joint Venture and the City went to trial. The jury awarded a net judgment to the Joint Venture, and the trial court entered judgment (including costs) against the City in the amount of $4,874,200.16. Cross-appeals were filed by both the Joint Venture and the City. The material terms of this settlement are: 1) The City will pay a total of $4,973,143.27 to the Joint Venture for the judgment and interest on the judgment; and 2) The City will pay $950,000 to settle all remaining issues, including the Joint Venture's claim for attorney's fees. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
PROPOSED RESOLUTIONS
| 090500 |
[Approval of settlement for 800 MHz reconfiguration with Sprint/Nextel] |
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Resolution approving a settlement of a claim by the City and County of San Francisco against the Sprint/Nextel Corporation (Sprint) for the reconfiguration of the City's 800 MHz Radio Communications System. (City Attorney) . RECEIVED AND ASSIGNED to Rules Committee. |
Clerk to Act – May 12, 2009
Board Minutes for April 14, 2009 approved.
Requests Granted
From: Supervisor Dufty
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft legislation to increase the fine for fare evasion on Muni from $50 to $75.
And also to establish that a second offense will be cited with up to a $250 fine and a third offense up to $500 fine.
From: Supervisor Dufty
To: Controller, Controllers Office
Requesting/Inquiring: Supervisor Dufty inquires that the Controllers office investigates the current cost of utility undergrounding in the City and County of San Francisco, which has been estimated at $7 million per mile.
The Controller's office should provide information on what options exist to lower the cost per mile for undergrounding by recommending greater efficiencies such as the possibility of competitively bidding the City's undergrounding projects instead of the current situation in which undergounding projects are completed by the electric utility that controls the contracting process.
In addition, the Controller's office should consider whether a continuous audit and ongoing oversight could increase efficiency and lower the cost-per-mile for undergrounding in San Francisco.
The Controller's office should also consider whether undergrounding utilities in San Francisco should be prioritized and included in the scope of work when streets are being re-paved, having the gas lines replaced or when a street is part of any other street improvements in which undergrounding could be added.
From: Supervisor Elsbernd
To: City Attorney
Requesting/Inquiring: Requesting the City Attorney to draft a Charter Amendment eliminating the current non-negotiable wage formula for MUNI operators and removing human resources responsibilities from MTA and delegating such responsibilities to the Department of Human Resources.
From: Supervisor Mirkarimi
To: City Attorney
To: Controller
Requesting/Inquiring: Supervisor Mirkarimi request the City Attorney and Controller to opine on the process for selling the City-owned Combustion Turbines (Previously proposed to be utilized to construct power plants in the City and at the airport aka Peaker Plants) and applying the proceeds of such sale toward City contracted renewable energy installations.
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:
Alamo Square Bulletin Board
Garbage Cans
Northwest corner Haight & Fillmore
Southeast corner Turk & Pierce
Southeast Page & Fillmore
Northeast Waller & Scott
Mailboxes
Northeast corner Laguna & Fulton
Southeast corner Gough & Grove
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 location: On Fulton, East of Masonic, on South side of 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 from the following private property locations:
99 Haight
399 Grove
161 Pierce
1401 Haight
485 Scott
478-484 Haight
255 Steiner
378 Fillmore
400 Fillmore
959 Haight
1305 Haight
420 Haight
799 Haight
681 Haight
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 Pole
In front of 555 Haight
Northwest corner Fulton & Clayton
Northwest corner Oak & Scott
Northeast corner Divisadero & Fell
Southeast corner Divisadero & Haight (near bus shelter)
In front of 355 Fulton
Wood Pole
Northeast corner Waller & Steiner
Southeast corner Steiner & Germania
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 public property at the following locations:
Utility Boxes
Southeast corner Divisadero & Fulton
Southwest corner Scott & Haight
Near 1213 Fell
Northeast corner Waller & Scott
Bus Shelters
Southeast corner Haight & Buena Vista West
Northeast corner Haight & Buena Vista East
Southeast corner Buchanan & Haight
Southside of street @ Haight & Buena Vista West
Fillmore and Haight (all 4 bus stops, graffiti and grime)
Emergency Boxes
Northeast corner Divisadero & Fell
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 newsstand at the following locations:
San Francisco Bay Guardian
Southeast corner of Fillmore and Post
Southwest corner of Divisadero & Sutter
9th Avenue & Judah (near bus stops)
7th Avenue & Irving (near bus stops)
Northwest corner of Hayes & Fillmore
Southeast corner of Fillmore & Haight
San Francisco Chronicle
Northwest corner of Fillmore & Hayes
Southeast corner of Haight & Fillmore
Irving & 9th Avenue
Irving & 7th Avenue
Southwest corner of Haight & Clayton
Southeast corner of Haight & Masonic
Examiner
Northwest corner of Fillmore & Hayes
Southeast corner Haight & Fillmore
SF Daily
Northwest corner Hayes & Gough
City Star
Northwest corner of Hayes & Gough
Southeast corner of Fillmore & Haight
SF Weekly
Southeast corner of Masonic & Haight and Southeast corner Haight & Fillmore
In Memoriams
Rosalie Taggi – Supervisor Chiu
Francis E. Fee – Supervisors Chu and Elsbernd
Thomas P. Alexander – Supervisor Dufty
Daniel Otto Scharetg – Supervisor Dufty
Antoinette Toni Longa – Supervisor Dufty
Lieutenant Oscar Tully – Supervisor Dufty
Yale Howard Smulyan – Supervisor Dufty