February 10, 2009

City and County of San Francisco

Legislation Introduced
Including All Off-Calendar Items
February 10, 2009

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

090157

[Settlement of Lawsuit - Mehrdad Alemozaffar - $350,000]

Ordinance authorizing entry of Judgment, pursuant to Federal Rule of Civil Procedure 68, in favor of Mehrdad Alemozaffar and against the City and County of San Francisco in the amount of $350,000 in settlement of the lawsuit filed on July 20, 2007 in United States District Court, Case No. C07-4494 JSW entitled Mehrdad Alemozaffar v. City and County of San Francisco, Officers Jesse Serna, James McGrath and Gary Moriyama and Deputies Jurnation Reymundo and George Coviello. Supervisor Daly presented. RECEIVED AND ASSIGNED to Rules Committee.

090178

[Zoning Map Amendments in connection with the Balboa Park Station Area Plan]

Ordinance amending Sheets ZN11, ZN12, HT11, HT12 and SU12 of the City and County of San Francisco Zoning Map to revise use districts and height and bulk districts within the Balboa Park Station Area Plan and to delete the Ocean Avenue Fast Food Restricted Use Subdistrict in its entirety; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. Supervisors Avalos, Elsbernd presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

090179	[Balboa Park Station Area Plan - monitoring program]
	Ordinance amending the Administrative Code Chapter 10E to establish the Balboa Park Station Area Plan Monitoring Program for purposes of reviewing the effectiveness of the Balboa Park Station Area Plan and implementation of specified improvements; and adopting environmental findings. Supervisors Avalos, Elsbernd presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

090180

[Approving General Plan Amendments in connection with the Balboa Park Station Area Plan]

Ordinance amending the San Francisco General Plan by the Balboa Park Station Area Plan and approving General Plan amendments to implement the aforementioned Plan by amending various General Plan Elements; making environmental findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. Supervisors Avalos, Elsbernd presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

090181

[Planning Code amendments in connection with the Balboa Park Station Area Plan]

Ordinance amending the San Francisco Planning Code by adding and amending various sections to implement the Balboa Park Station Area Plan, running the length of Ocean Avenue generally from Manor Drive to San Jose Avenue, including properties adjacent to Geneva Avenue from Ocean Avenue to San Jose Avenue and properties adjacent to San Jose Avenue from Mt. Vernon Avenue to Ocean Avenue, and including the City College of San Francisco Phelan campus and San Francisco Public Utilities Commission property adjacent to Phelan Avenue; adopting the Balboa Park Station Area Plan impact fee subject to certain restrictions; and making various findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisors Avalos, Elsbernd presented.ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

Resolutions

090182

[Federal Economic Recovery Support for Balboa Park Station Area Plan]

Resolution urging city departments to set the Balboa Park Station Area Plan as an identified priority when seeking Federal Economic Stimulus funding, and to work with San Francisco's Congressional delegation to ensure, to the extent possible, that Federal Economic Recovery legislation includes funding for the Balboa Park Station Area Plan. Supervisor Avalos presented.RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

090183

[Declaring an emergency and authorizing submission of gross receipts tax]

Resolution declaring an emergency under California Constitution Article XIIIC, Section 2(b) and authorizing submission of Ordinance amending the Business and Tax Regulations Code to: (1) enact a new Article 12-A-1 (Gross Receipts Tax Ordinance), Sections 951 through 958, to impose a gross receipts tax on persons engaging in business activities in San Francisco; (2) amend Article 12 (Business Registration Ordinance) to conform business registration requirements with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance); and (3) amend Article 6 (Common Administrative Provisions) to conform them with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance); and (4) amend Article 12-A (Payroll Expense Tax Ordinance) to conform it with the enactment of Article 12-A-1 (Gross Receipts Tax Ordinance), as a general tax measure to the voters at a special election. Supervisor Avalos presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

090184

[Measure adopting and submitting to the voters an ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration]

Resolution declaring an emergency under California Constitution Article XIIIC, Section 2(b) and authorizing submission of Ordinance adopting and submitting to the voters the ordinance amending the San Francisco Business and Tax Regulations Code to add Article 8 imposing a voter-approved local assessment on the privilege of a resident of the City and County to operate upon the public highways in the City and County a vehicle or trailer coach, the registrant of which is subject to tax under Part 5 (commencing with Section 10701) of the California Revenue and Taxation Code, at a rate not to exceed the difference between two percent of the market value of the vehicle or trailer coach and the rate imposed by the State of California pursuant to Section 10751 of the Revenue and Taxation Code, administered by the State Department of Motor Vehicles; acknowledging that state law has not yet been enacted authorizing the imposition of the assessment but approving imposition of such a charge at the specified rate when and if state law authorizes the City to impose it and directing submission of the measure for voter approval at the June 2, 2009 special election, as a general tax measure to the voters at a special election. Supervisors Chiu, Dufty presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

090187

[Declaring an emergency and authorizing submission of payroll expense tax]

Resolution declaring an emergency under California Constitution Article XIIIC, Section 2(b) and authorizing submission of Ordinance amending (1) Section 903.1 to reduce the Payroll Expense Tax rate from 1.5% to 1.0%, for business whose taxable payroll expense exceeds $300,000, but is less than or equal to $400,000, beginning with the 2010 tax year; and (2) Section 905-A to increase the Small Business Tax Exemption to include all taxpayers whose taxable payroll expense is $300,000 or less, beginning with the 2010 tax year, as a general tax measure, to the voters at a special election. Supervisor Chiu presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

090189	[Susan Langlands Day - February 28, 2009]
	Resolution declaring February 28, 2009 "Susan Langlands Day" in the City & County of San Francisco. Supervisor Avalos presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090190	[Commending the Moby Dick bar for its 30 years of dedicated service to the Castro District]
	Resolution commending the Moby Dick Bar for its 30 years of dedicated service to the Castro District. Supervisor Dufty presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090191	[Amended Landmark Tree Criteria, Nomination and Evaluation Forms]
	Resolution amending Landmark Tree Criteria, Nomination and Evaluation Forms to be used in the implementation of a nomination, evaluation, and removal process for landmark trees in the City and County of San Francisco. Supervisor Mar presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090192	[Commending Star of the Sea School on their 100th year anniversary]
	Resolution commending Star of the Sea School on their 100th year anniversary. Supervisor Mar presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090193	[Requesting establishment of the Office of Urban Policy in President Obama's Administration]
	Resolution requesting that the proposed Office of Urban Policy in President Obama's Administration form a permanent advisory group to help guide that office in its efforts to provide assistance to our nation's urban areas. Supervisor Mirkarimi presented.REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090194	[Repealing the resolution calling a municipal special election for June 2, 2009]
	Resolution repealing the call for a municipal special election to be held June 2, 2009. Supervisor Chiu presented. RECEIVED AND ASSIGNED to Rules Committee.

090195	[Calling a municipal special election to be held no later than August 31, 2009]
	Resolution calling for a municipal special election to be held no later than August 31, 2009, for the purpose of submitting revenue and fiscal measures to the voters. Supervisor Chiu presented. RECEIVED AND ASSIGNED to Rules Committee.

090196	[Urging the House-Senate conference committee to prevent E-Verify requirements from being included in the final version of the federal economic stimulus bill]
	Resolution urging the House-Senate conference committee to prevent the E-Verify program, a faulty work-authorization verification system, from being included in the final version of the federal economic stimulus bill. Supervisors Campos, Chiu presented.RECEIVED AND ASSIGNED to Public Safety Committee.

090197

[Tax Exempt and Taxable Revenue Certificates of Participation]

Resolution of the City and County of San Francisco authorizing the execution and delivery from time to time of its Tax-Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation in an amount not to exceed $150,000,000 in order to provide short-term financing to pay for certain capital improvements, and approving and authorizing execution of a trust agreement and certain financing documents and authorizing other related actions. Mayor presented.RECEIVED AND ASSIGNED to Budget and Finance Committee.

081394

[Adoption of the Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Three Year Program and Expenditure Plan and Accept and Expend additional PEI Allocation]

Resolution authorizing the adoption of the Mental Health Services Act Prevention and Early Intervention (PEI) Three Year Program and Expenditure Plan and authorizing the Department of Public Health to accept and expend the additional PEI allocation totaling $874,700. (Public Health Department) .RECEIVED AND ASSIGNED to Budget and Finance Committee. ASSIGNED to Budget and Finance Committee. SUBSTITUTED. Supervisor Avalos submitted a substitute resolution bearing new title.

Requests for Hearing

090173	[Impact on Public Safety of Juvenile Probation Department budget cuts]
	Hearing on the impact on public safety of Juvenile Probation Department budget cuts. Supervisor Campos presented.RECEIVED AND ASSIGNED to Public Safety Committee.

090174	[Removal of proposed child care facility at 525 Golden Gate Avenue]
	Hearing on the decision by the San Francisco Public Utilities Commission to remove the proposed child care facility from their new building proposed to be built at 525 Golden Gate Avenue. Supervisor Dufty presented.RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

090175	[Community input on the creation of jobs in San Francisco]
	Hearing to obtain community input on the creation of jobs, particularly green collar jobs, in San Francisco as the City is positioning itself for Federal investment dollars. Supervisor Mar presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

090176	[Federal Stimulus Dollars - how it would affect the SFUSD, SFCCD, pre-school and after school programs in S.F.]
	Hearing to consider how federal stimulus dollars would affect the San Francisco Unified School District (SFUSD), San Francisco Community College District (SFCCD), and pre-school and after school programs in San Francisco. Supervisor Mar presented. RECEIVED AND ASSIGNED to City and School District Select Committee.

090177	[Final Report of the Fair Lending Working Group]
	Hearing on the Final Report of the Fair Lending Working Group. Supervisor Maxwell presented. RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

090188

[Public Hearing - To consider ordinance adopting and submitting to the voters an ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration]

Hearing to consider the possible adoption of an ordinance adopting and submitting to the voters the ordinance amending the San Francisco Business and Tax Regulations Code to add Article 8 imposing a voter-approved local assessment on the privilege of a resident of the City and County to operate upon the public highways in the City and County a vehicle or trailer coach, the registrant of which is subject to tax under Part 5 (commencing with Section 10701) of the California Revenue and Taxation Code, at a rate not to exceed the difference between two percent of the market value of the vehicle or trailer coach and the rate imposed by the State of California pursuant to Section 10751 of the Revenue and Taxation Code, administered by the State Department of Motor Vehicles; acknowledging that state law has not yet been enacted authorizing the imposition of the assessment but approving imposition of such a charge at the specified rate when and if state law authorizes the City to impose it and directing submission of the measure for voter approval at the June 2, 2009 special election. .ASSIGNED to Board of Supervisors. Committee of the Whole on February 17, 2009.

090185

[Board of Supervisors to sit as a Committee of the Whole - February 17, 2009 - Vehicle License Fee]

Motion that the Board convenes as a Committee of the Whole on February 17, 2009, to consider Board of Supervisors file number 090136, a measure adopting and submitting to the voters an ordinance imposing a local assessment on all vehicles in San Francisco that are subject to Department of Motor Vehicle registration. Supervisor Chiu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

090186	[Waiving Board Rule 4.19 regarding consideration of Mayoral veto]
	Motion that the Board waives Board Rule 4.19 regarding consideration of a Mayoral veto. Supervisor Chiu presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Charter Amendments

090007

[Requiring that one-time revenues be spent only for one-time uses, unless otherwise authorized by the Board of Supervisors]

Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by adding Section 9.119 to limit the expenditure of one-time revenues to one-time uses, unless the Board of Supervisors waives the limitation for a specific expenditure by a two-thirds' vote, and setting an operative date and an expiration date. Supervisors Elsbernd, Chu presented.ASSIGNED UNDER 30 DAY RULE to Rules Committee. 1/26/09, received legislative digest, 30-day Rule ends February 25, 2009. ASSIGNED to Rules Committee. SUBSTITUTED. Supervisor Elsbernd submitted a substitute Charter Amendment bearing new title. SUBSTITUTED. Supervisor Elsbernd submitted a substitute Charter Amendment bearing same title. ASSIGNED to Rules Committee.

090139

[Set-Asides]

Charter Amendment (Second Draft) to amend Charter of the City and County of San Francisco by adding Section 9.122, to set a dollar cap on all Charter set-asides, authorize reductions during fiscal shortfalls and waiver during emergencies, authorize the return of surplus balances, adjust mandatory service levels, and establish City policies regarding future set-asides and non-binding measures. Supervisors Mirkarimi, Chiu, Elsbernd presented.RECEIVED AND ASSIGNED to Rules Committee. SUBSTITUTED. Supervisor Mirkarimi submitted a substitute Charter Amendment bearing new title. ASSIGNED to Rules Committee.

PROPOSED ORDINANCES

090108	[De-appropriating $11,617,063 of Water System Improvement Program funding at the San Francisco Public Utilities Commission]
	Ordinance de-appropriating $11,617,063 of Water System Improvement Program funding based on actions taken by the Budget and Finance Committee on Ordinance number 311-08 at the San Francisco Public Utilities Commission. (Public Utilities Commission) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

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Clerk to Act – February 10, 2009

Requests Granted

From: Supervisor Elsbernd
To: City Attorney

Requesting/Inquiring: Requesting the City Attorney to draft 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 in light of significant exposure to litigation with the Roman Catholic Archdiocese of San Francisco related to the application of the City's Documentary Transfer Tax to certain property transfers. The Assessor-Recorder is authorized and is urged to attend. Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning these matters would likely and unavoidably prejudice the position of the City in the potential litigation.

From: Supervisor Dufty
To: Ed Harrington, General Manager

Requesting/Inquiring: Inquiring to General Manager Ed Harrington as to the reasons and rationale for removing the proposed child care facility from the plans for the new SFPUC building located at 525 Golden Gate Avenue and what other changes/revisions have been made from the original plan submitted by the PUC.

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

Northeast corner Buchanan & Oak

Northwest corner Hayes and Webster

Garbage Cans

Southeast corner of Haight & Fillmore

Northeast corner of Cole and Haight

Northwest corner of Buchanan and Haight

Southeast corner Shrader & Haight

Fire Hydrant

Southeast corner Haight & Webster

Northeast corner Waller & Webster

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:

Statue in the Panhandle on Broderick between Oak and Fell

500 Buchanan

295 Buchanan

99 Webster

1317 Haight

1401 Haight

1429 Haight

1606 Haight

1667 Haight

1695 Waller

1527 Waller

97 Central

1300 Haight

983 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 the following locations:

Metal Pole

Southeast corner Central and Haight

Southeast corner Ashbury and Haight

In front of 909 Haight

Southeast corner Scott and Haight

Wood Poles

Southwest corner of Ashbury and Haight

Northwest corner of Fell and Buchanan

Bus Shelters

Northeast corner of Buena Vista East

Fillmore and Haight, all four, graffiti and dirty

Southwest corner Haight and Buchanan

Mailboxes

Northeast corner Buena Vista East

Emergency Boxes

Northeast corner Haight & Shrader

From: Supervisor Campos
To: Chief Heather Fong, SFPD

Requesting/Inquiring: Supervisor Campos is requesting the following information:

1. What cultural competency or other training does the San Francisco Police Department (SFPD) provide to its cadets and officers regarding the treatment of immigrants, regardless of immigration status?
2. What cultural competency or other training does the San Francisco Police Department provide to its cadets and officers to prevent racial profiling and ensure fair and impartial policing?
3. What kind of training does the SFPD provide to its cadets and officers regarding compliance with San Francisco's sanctuary city policies?
4. For the years 2007 and 2008, broken down per month, how many people has SFPD cited for "obstruction of view" or other minor traffic violations per police district in San Francisco?
5. What is the racial and ethnic breakdown of people cited in 2007 and 2008, broken down per month and per police district?
6. When SFPD records the race and/or ethnicity of people cited for traffic violations, does SFPD include a category for Latino/Hispanic or does SFPD include these individuals in the Caucasian/White group?
7. What, if any, steps has SFPD taken within the last year to enhance its relationships with San Francisco's immigrant communities and to ensure that victims and witnesses of crimes who are immigrants feel comfortable coming forward and reporting these crimes to SFPD?
8. What is the budget of the Violence Reduction Unit in SFPD?
9. In the last year, how many traffic, misdemeanor, and felony cases has this unit issued/initiated, broken down by police district, and by race and ethnicity.
10. What are SFPD's policies and practices regarding taking identification cards (including green cards, drivers licenses, etc.) of people that SFPD stops, cites, or arrests?
11. Does SFPD keep a record of the identification cards that have been confiscated? If so, how many identification cards did SFPD confiscate in 2008, broken down per month, per race and ethnicity, and per police district?
12. How many vehicles did SFPD impound in 2007, 2008, and current year, broken down per month, per race and ethnicity, and per police district?
13. What is SFPD doing to ensure that eligible youth are being referred to CARC (city's delinquency diversion program)?
14. Before SFPD engage in any collaboration with ICE, including collaboration on ICE raids, what, if any, steps does SFPD take to ensure that the raid will not result in collateral detentions (i.e., detentions of family members, bystanders, children, neighbors)?
15. What, if any, concrete steps does SFPD plan to take to address racial profiling concerns raised during the February 9, 2009 meeting of the Board of Supervisors' Public Safety Committee?

From: Supervisor Daly
To: City Attorney

Requesting/Inquiring: Friends of City Planning (FOCP) is a non-profit organization founded solely to support planning activities not funded by the City's budget. FOCP receives funding from private sector developers and other development interests. Michael Yarne sits on the board of directors for this organization and works in the Office of Economic and Workforce Development where he coordinates many planning & land use matters. Is there a conflict of interest in holding both of these positions?

In Memoriams

Joseph "Bud" Robbins – Supervisor Chu
Matthew Joseph Mirabella - Supervisor Chu
Jack McGowan – Supervisors Dufty and Campos
Myron Edward – Supervisor Mirkarimi