Board of Supervisors : November 03, 2009

City and County of San Francisco

City and County of San Francisco seal

Legislation Introduced
Including All Off-Calendar Items
November 3, 2009

OFF-AGENDA LEGISLATION

Introduced by Supervisors or Mayor

Ordinances

091269 [Payroll Expense Tax Biotechnology Exclusion Amendment]

Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half years irrespective of the application date. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091271 [Zoning - Amending Planning Code to Create a Comprehensive and Consistent Set of Street Frontage Controls]

Ordinance amending the San Francisco Planning Code by amending Sections 145.1, 201, 243, 253, 261.1, and 270.2 to create a comprehensive and consistent set of street frontage controls for most use districts that allow a mix of uses; 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 Mirkarimi presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

091272 [Port Commission Revenue Bond Law]

Ordinance amending the San Francisco Administrative Code by adding Chapter 43, Article XII, Sections 43.12.1 through 43.12.8, to authorize the issuance of revenue bonds by the Port Commission. Mayor presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091274 [Appropriating $33,395,571 of Port Revenue Bond Proceeds for Pier Repairs and Renovations at the Port of San Francisco for FY 2009-2010]

Ordinance appropriating $33,395,571 of bond revenue for the Port of San Francisco to make repairs and renovations to Piers 35, 33, 19 or 23, 27, and 50 for FY 2009-2010, and placing $33,395,571 on Controller’s reserve pending sale of bonds. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091275 [Development Impact and In-Lieu Fees]

Ordinance amending the San Francisco Planning Code by creating Article 4 for development impact fees and development impact requirements that authorize the payment of in-lieu fees; by adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be collected by the Department of Building Inspection prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the fees; by requiring that any in-kind public improvements required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and amending the sections; adding introductory sections for standard definitions, payment and collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers, credits, notice, lien procedure, and development fee evaluations every five years; by providing for an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning Commission; requiring the Controller to issue an annual Citywide Development Fee Report; deleting duplicative code provisions and using consistent definitions, language and organization throughout; adopting findings, including Section 302 and environmental findings; instructing the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number. Mayor presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

091276 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance in the amount of $2,700,314 and Amending the Annual Salary Ordinance FY 2009-2010]

Ordinance authorizing the Department of Children, Youth & Their Families (DCYF) to accept and expend grant funding in the amount of $2,700,314 from the Federal Department of Justice, Office of Justice Programs for implementation of criminal justice programs and amending the Annual Salary Ordinance No. 183-09 and to create grant-funded position at DCYF. Mayor presented. RECEIVED AND ASSIGNED to Public Safety Committee.

091251 [Development Fee Collection Procedure; Administrative Fee]

Ordinance amending the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in-lieu fees, to provide that the fees are payable prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; adopting findings, including environmental findings. Mayor presented. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. REFERRED TO DEPARTMENT. Referred to Building Inspection Commission for public hearing and recommendation; referred to Planning Department for environmental review. SUBSTITUTED. Mayor Newsom submitted a substitute ordinance bearing same title. ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee.

Resolutions

091270 [Accept and Expend Grant - Urban Trails of San Francisco - $1,000,000]

Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the Substance Abuse and Mental Health Services Administration in the amount of $1,000,000 to provide direct services for American Indian/Alaskan Native children and families; for the period of September 30, 2009, through September 29, 2010. Supervisor Dufty presented. RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

091273 [Port Commission Revenue Bonds not to exceed $45,000,000]

Resolution authorizing the issuance of up to $45,000,000 aggregate principal amount of Port revenue bonds for the purpose of financing certain capital improvements related to the Port; approving the forms of documents relating thereto; approving the maximum interest thereon; and related matters. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091279 [Resolution to Acquire Real Property Interests by Eminent Domain-Water System Improvement Program-Funded Bay Division Pipeline Reliability Upgrade Tunnel]

Resolution authorizing acquisition of subsurface tunnel easements in real property in Alameda County and San Mateo County, consisting of portions of Alameda County Assessor's Parcels 537-0551-028, 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel 537-0852-008 in the City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo County Transit District in the City of Menlo Park, located east of University Avenue between Assessor's Parcels 093 600-010 and 063-590-060, by eminent domain, for the public purpose of constructing the Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and adopting findings of consistency with the General Plan and under City Planning Code Section 101.1. Mayor presented. RECEIVED AND ASSIGNED to Board of Supervisors.

091281 [Condemning Californians for Population Stabilization TV and Radio Ads]

Resolution condemning Californians for Population Stabilization (CAPS) TV and Radio Ads. Supervisors Mar, Campos presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

091282 [Commending Del Monte for its Commitment to Keep its Headquarters in San Francisco]

Resolution commending Del Monte Corporation for its continued commitment to keep its headquarters in San Francisco. Supervisors Alioto-Pier, Dufty, Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

091263 [Biotechnology Payroll Tax Exclusion]

Hearing to consider the Controller's Report on the Biotechnology Payroll Tax Exclusion, required by Section 906.1(i) of Article 12-A of the San Francisco Business and Tax Regulations Code. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091278 [Public Hearing - Acquisition of Property by Eminent Domain - Subsurface Tunnel Easements in Alameda County and San Mateo County]

Hearing of persons interested in or objecting to proposed Resolution authorizing acquisition of subsurface tunnel easements in real property in Alameda County and San Mateo County, consisting of portions of Alameda County Assessor's Parcels 537-0551-028, 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel 537-0852-008 in the City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo County Transit District in the City of Menlo Park, located east of University Avenue between Assessor's Parcels 093 600-010 and 063-590-060, by eminent domain, for the public purpose of constructing the Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and adopting findings of consistency with the General Plan and under City Planning Code Section 101.1. Mayor presented. SCHEDULED FOR PUBLIC HEARING. Board to sit as a Committee of the Whole on November 24, 2009, at 3:00 p.m.

091280 [Juvenile Probation Department's Policy Regarding Undocumented Minors]

Hearing on the Juvenile Probation Department's policy regarding undocumented minors. Supervisor Campos presented. RECEIVED AND ASSIGNED to Public Safety Committee.

Motion

091277 [Motion to Hold Public Hearing on Adopting a Resolution to Acquire Property by Eminent Domain]

Motion directing the Board of Supervisors to hold a public hearing on November 24, 2009, with the Board sitting as a Committee of the Whole, to consider adopting a Resolution of Necessity to authorize acquisition of subsurface tunnel easements in real property in Alameda County and San Mateo County, consisting of portions of Alameda County Assessor's Parcels 537-0551-028, 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel 537-0852-002-08 in the City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo County Transit District in the City of Menlo Park, located east of University Avenue between Assessor's Parcels 093 600-010 and 063-590-060, by eminent domain, for the public purpose of constructing the Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and adopting findings of consistency with the General Plan and under City Planning Code Section 101.1. Mayor presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Introduced by the President at the Request of Departments

PROPOSED ORDINANCES

091230 [Department of Building Inspection Cash Revolving Fund]

Ordinance amending San Francisco Administrative Code Section 10.135 to increase the cash revolving fund of the Department of Building Inspection from $600 to $2,000. (Building Inspection Department) . ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091231 [Authorizing the Municipal Transportation Agency to Implement On-Street Parking Meter and Parking Control Pilot Projects]

Ordinance authorizing the Municipal Transportation Agency to implement and extend SFPark parking meter and parking control pilot projects. (Municipal Transportation Agency) . ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

PROPOSED RESOLUTIONS

090679	[Amendment to the John Stewart Company Sublease]
	Resolution approving and authorizing the execution of a Fifth Amendment to Sublease with the John Stewart Company to discontinue Earthquake and Flood Insurance. (Treasure Island Development Authority) . RECEIVED AND ASSIGNED to Budget and Finance Committee.

091232

[Approval of the Ryan White HIV Emergency Relief Grant Program Application]

Resolution authorizing the San Francisco Department of Public Health (SFDPH) to submit an application to continue to receive funding for the “HIV Emergency Relief Programs (Ryan White Programs, Part A)” grant from the Health Resources Services Administration (HRSA), requesting $36,118,233 in HIV emergency relief program funding for the San Francisco Eligible Metropolitan Area (EMA); from March 1, 2010, through February 28, 2011. (Public Health Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

091236	[Approval of Contract for Personal Assisted Employment Services Program for the Department of Public Health]
	Resolution authorizing the San Francisco Department of Public Health to enter into a contract with Richmond Area Multi-Services, Inc., to provide mental health services through the Personally Assisted Employment Services program for the term of January 1, 2010, through June 30, 2016. (Public Health Department) . RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

Clerk to Act – November 3, 2009

Board Minutes for October 6, 2009 approved.

Requests Granted

From: Supervisor Campos
To: Director, Juvenile Probation Department

Requesting/Inquiring: We respectfully request that the Juvenile Probation Department [hereinafter “the Department”] respond to and provide any and all information and documentation, in whatever form, including, hard copies, electronic form, email or any other correspondence regarding the following:

An accounting of how the Department uses city funds to comply with Juvenile Probation Department policy 8.12, the Department’s policy regarding the intake, processing and release of undocumented minors (effective date August 2008).
All intake and processing forms used by the Department at the referral and booking stage.
All information regarding the Department’s caseload for the last two years, broken out by month.
An explanatory memorandum and any relevant Department materials related to answering the following questions:

a. Does the Department consider itself and/or intend to act as a de facto arm of the United States Bureau of Immigration and Customs Enforcement? How is the Department ensuring that probation officers are not doing the work of federal immigration officials?

I kindly request the Department deliver this information within thirty days.

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 Fillmore & Haight
Northeast corner Clayton & Haight
Southwest corner Baker & Haight

Mailboxes

Southwest corner Post & Broderick
Northeast corner Laguna & Grove

Street Wall and Overpasses

On Geary & Webster, middle of overpass, East 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 newsstands at the following locations:

San Francisco Bay Guardian

Southeast corner of Fillmore & Post
Southwest corner of Divisadero & Sutter
9^th Avenue & Judah (near bus stops)
7^th 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 & 9^th Avenue
Irving & 7^th Avenue
Southwest corner of Haight & Clayton
Southeast corner of Haight & Masonic

Examinier

Northwest corner of Fillmore & Hayes
Southeast corner of Haight & Fillmore

SF Daily

Northwest corner of Hayes & Gough

City Star

Northwest corner of Hayes & Gough
Southeast corner of Fillmore & Haight

SF Weekly

Southeast corner of Masonic & Haight
Southeast corner of 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 private property locations:

628 Divisadero
1310 Turk
1067 Oak
499 Steiner (on the Oak Street side)
489 Grove
298 Pierce
774 Page
778 Page
509 Haight
442 Haight
501 Waller
444 Haight
525 Haight
533 Haight
799 Haight
401 Duboce (on the Duboce & Fillmore side of building)
900 Haight
901 Haight
1301 Haight
1667 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 Poles

Southwest corner Haight & Fillmore
Southwest corner Waller & Fillmore
Northeast corner 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 removing graffiti from the following public property locations:

Utility Boxes

Northeast corner Post & Broderick
Northwest corner of Duboce & Church

Bus Shelters

Northeast corner Masonic & Haight
Southeast corner Fillmore & Oak (500 block of Fillmore)
Southwest corner Buena Vista West & Haight
Southwest corner Buchanan & Haight
Fillmore & Haight (all 4 bus stops, graffiti & grime)

In Memoriams

Florence Vivian Sarrett – Supervisor Dufty
Warren H. van Eck – Supervisor Dufty
Steven Patrick Dub – Supervisor Chu
Lawrence Halprin – Supervisor Alioto-Pier
Eric Knudtson – Supervisor Dufty
Nancy M. Daly – Supervisors Alioto-Pier and Dufty

Last updated: 9/12/2014 4:11:17 PM

091269	[Payroll Expense Tax Biotechnology Exclusion Amendment]
	Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half years irrespective of the application date. Supervisor Alioto-Pier presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091272	[Port Commission Revenue Bond Law]
	Ordinance amending the San Francisco Administrative Code by adding Chapter 43, Article XII, Sections 43.12.1 through 43.12.8, to authorize the issuance of revenue bonds by the Port Commission. Mayor presented. ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091274	[Appropriating $33,395,571 of Port Revenue Bond Proceeds for Pier Repairs and Renovations at the Port of San Francisco for FY 2009-2010]
	Ordinance appropriating $33,395,571 of bond revenue for the Port of San Francisco to make repairs and renovations to Piers 35, 33, 19 or 23, 27, and 50 for FY 2009-2010, and placing $33,395,571 on Controller’s reserve pending sale of bonds. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091273	[Port Commission Revenue Bonds not to exceed $45,000,000]
	Resolution authorizing the issuance of up to $45,000,000 aggregate principal amount of Port revenue bonds for the purpose of financing certain capital improvements related to the Port; approving the forms of documents relating thereto; approving the maximum interest thereon; and related matters. Mayor presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091281	[Condemning Californians for Population Stabilization TV and Radio Ads]
	Resolution condemning Californians for Population Stabilization (CAPS) TV and Radio Ads. Supervisors Mar, Campos presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

091282	[Commending Del Monte for its Commitment to Keep its Headquarters in San Francisco]
	Resolution commending Del Monte Corporation for its continued commitment to keep its headquarters in San Francisco. Supervisors Alioto-Pier, Dufty, Maxwell presented. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

091263	[Biotechnology Payroll Tax Exclusion]
	Hearing to consider the Controller's Report on the Biotechnology Payroll Tax Exclusion, required by Section 906.1(i) of Article 12-A of the San Francisco Business and Tax Regulations Code. Supervisor Alioto-Pier presented. RECEIVED AND ASSIGNED to Budget and Finance Committee.

091280	[Juvenile Probation Department's Policy Regarding Undocumented Minors]
	Hearing on the Juvenile Probation Department's policy regarding undocumented minors. Supervisor Campos presented. RECEIVED AND ASSIGNED to Public Safety Committee.

091230	[Department of Building Inspection Cash Revolving Fund]
	Ordinance amending San Francisco Administrative Code Section 10.135 to increase the cash revolving fund of the Department of Building Inspection from $600 to $2,000. (Building Inspection Department) . ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.

091231	[Authorizing the Municipal Transportation Agency to Implement On-Street Parking Meter and Parking Control Pilot Projects]
	Ordinance authorizing the Municipal Transportation Agency to implement and extend SFPark parking meter and parking control pilot projects. (Municipal Transportation Agency) . ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee.