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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, May 7, 2013 - 2:00 PM
Regular Meeting
DAVID CHIU, PRESIDENT
JOHN AVALOS, LONDON BREED, DAVID CAMPOS, MALIA COHEN,
MARK FARRELL, JANE KIM, ERIC MAR, KATY TANG, SCOTT WIENER, NORMAN YEE
Angela Calvillo, Clerk of the Board
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
BOARD COMMITTEES
Committee Membership Meeting Days
Budget and Finance Committee Wednesday
Supervisors Farrell, Mar, Avalos, Breed, Wiener 1:00 PM
Budget and Finance Sub-Committee Wednesday
Supervisors Farrell, Mar, Avalos 10:00 AM
City and School District Select Committee 4th Thursday
Supervisors Kim, Avalos, Farrell, Commissioners Mendoza, Norton, Wynns 3:30 PM
Government Audit and Oversight Committee 2nd and 4th Thursday
Supervisors Cohen, Tang, Campos 10:00 AM
Land Use and Economic Development Committee Monday
Supervisors Wiener, Kim, Chiu 1:30 PM
Neighborhood Services and Safety Committee 1st and 3rd Thursday
Supervisors Campos, Mar, Yee 10:00 AM
Rules Committee 1st and 3rd Thursday
Supervisors Yee, Breed, Cohen 1:30 PM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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Agenda Item Information
Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget and Legislative Analyst report
3) Department or Agency cover letter and/or report
4) Public correspondence
These items will be available for review at 1 Dr. Carlton B. Goodlett Place, City Hall, Room 244,
Reception Desk.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board
has several standing committees where ordinances and resolutions are the subject of hearings at
which members of the public are urged to testify. The full Board does not hold a second public
hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition
to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers,
and similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting
room; and 4) standing in the meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by
the President or Chair at the beginning of each item or public comment, excluding City
representatives, except that public speakers using translation assistance will be allowed to testify for
twice the amount of the public testimony time limit. If simultaneous translation services are used,
speakers will be governed by the public testimony time limit applied to speakers not requesting
translation assistance. Members of the public who want a document placed on the overhead for
display should clearly state such and subsequently remove the document when they want the screen
to return to live coverage of the meeting.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons
unable to attend the meeting may submit to the City, by the time the proceedings begin, written
comments regarding the agenda items above. These comments will be made a part of the official
public record and shall be brought to the attention of the Board of Supervisors. Written
communications should be submitted to the Clerk of the Board, Clerk of a Committee or its members:
1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are
not received prior to the hearing may be delivered to the Clerk of the Committee at the hearing and
you are encouraged to bring enough copies for distribution.
LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415)
554-7490 to coordinate the use of the laptop computer for presentations. Presenters should arrive 30
minutes prior to the meeting to test their presentations on the computer.
AGENDA PACKET: Available for review in Clerk’s Office, Room 244, City Hall, 1 Dr.Carlton B
Goodlett Place, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on SF
Cable 26. For DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Requests must be received at least 48 hours in advance of the
meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722. AVISO EN
ESPAÑOL: La solicitud para un traductor debe recibirse antes de mediodía de el viernes anterior a
la reunion. Llame a Derek Evans (415) 554-7702.
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Disability Access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are
wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SF
Cable 26. Assistive listening devices for the Legislative Chamber are available upon request at the
Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are
available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To
request sign language interpreters, readers, large print agendas or other accommodations, please
contact Madeleine Licavoli at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48
hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible
MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus
lines also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information about
MUNI accessible services, call (415) 701-4485.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies
Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B.
Goodlett Place and Grove Street.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental
illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded
that other attendees may be sensitive to perfumes and various other chemical-based scented products.
Please help the City to accommodate these individuals.
Know Your Rights Under The Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public.
Commissions, boards, councils, and other agencies of the City and County exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the people and that
City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance
Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415)
554-7724; fax at (415) 554-7854; or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San
Francisco Administrative Code on the Internet, at http://www.sfbos.org/sunshine
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220,
San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
http://www.sfgov.org/ethics
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the March 26, 2013, and April 2, 2013, Board Meeting Minutes.
COMMUNICATIONS
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall
be removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 1 through 10
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Mar
City and County of San Francisco Page 4 Printed at 2:16 pm on 5/8/13
Page 5
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
1. 130131 [Administrative Code - Agricultural Inspection Fees]
Ordinance amending the Administrative Code, Section 1.10, to revise registration fees
for inspecting agricultural products; and making environmental findings. (Public Health
Department)
Attachments: Leg_Ver1
Leg_Dig_Ver1
130131 response Planning.pdf
Bdgt_Analyst_Rpt_041713
Comm_Pkt_041713
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 5 Printed at 2:16 pm on 5/8/13
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
2. 130132 [Administrative Code - Weights and Measures Fees]
Ordinance amending the Administrative Code, Section 1.13-5, to revise registration fees
for inspecting and testing weighing and measuring devices as provided by State law; and
making environmental findings. (Public Health Department)
Attachments: Leg_Ver1
Leg_Dig_Ver1
Response_PLN_022713
Response_SBC_041113
Bdgt_Analyst_Rpt_041713
Comm_Pkt_041713
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
3. 130133 [Administrative Code - Public Health Solid Waste Penalties Fund]
Ordinance amending the Administrative Code, by adding Section 10.100-217, to
establish a fund for the deposit of civil penalties assessed by the Department of Public
Health and paid by operators of solid waste facilities for violation of solid waste disposal
laws; and making environmental findings. (Public Health Department)
Attachments: Leg_Ver1
Respone_PLN_022713
Bdgt_Analyst_Rpt_041713
Comm_Pkt_041713
Leg_Ver2
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Wiener, Kim, Chiu
City and County of San Francisco Page 6 Printed at 2:16 pm on 5/8/13
Page 7
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
4. 120901 [Planning Code - Upper Market Zoning]
Sponsor: Wiener
Ordinance amending Planning Code, Sections 721.1 and 733.1, to modify the
explanation of the boundaries of the Upper Market Street Neighborhood Commercial
District and the Upper Market Street Neighborhood Commercial Transit District; Section
703.2(b), to permit in a limited area food processing as an accessory use to a nearby
off-site non-residential use; Section 733, making clerical corrections in tables; and
making environmental findings, Planning Code, Section 302, findings, and findings of
consistency with the General Plan and the priority policies of Planning Code, Section
101.1.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Leg_Ver2
Leg_Dig_Ver2
Response_PLN_021313
Response_PLN_022513
Comm_Pkt_041513
Leg_Ver3
Leg_Dig_Ver3
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 7 Printed at 2:16 pm on 5/8/13
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
5. 120902 [Planning Code, Zoning Map - Upper Market Zoning Map]
Sponsor: Wiener
Ordinance amending Planning Code, Sectional Map Sheets ZN07 and HT07, to change
the use classification of specified lots on Assessor’s Block Nos. 3561 through 3565, now
in the Upper Market Neighborhood Commercial District to the Upper Market
Neighborhood Commercial Transit District; change the height and bulk classification of
Assessor’s Block No. 3563, Lot No. 034, from 50-X to 62-B; and adopting findings,
including environmental findings, and findings of consistency with the General Plan and
the priority policies of Planning Code, Section 101.1.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Leg_Ver2
Leg_Dig_Ver2
Response_PLN_021313
Response_PLN_022513
Hrg_Notice_041513
Comm_Pkt_041513
Leg_Ver3
Leg_Dig_Ver3
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Rules Committee
Present: Supervisors Yee, Breed, Cohen
6. 130313 [Settlement of Lawsuit - Carlos Benavides Arroliga v. CCSF, et al. - $250,000]
Ordinance authorizing settlement of the lawsuit filed by Carlos Benavides Arroliga
against the City and County of San Francisco for $250,000; the lawsuit was filed on
September 13, 2011, in San Francisco Superior Court, Case No. CGC-11-514165;
entitled Carlos Benavides Arroliga, et al., v. City and County of San Francisco, et al.;
other material terms of said settlement are material terms. (City Attorney's Office)
Attachments: Leg_Ver1
Comm_Pkt_041813
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 8 Printed at 2:16 pm on 5/8/13
Page 9
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
7. 130314 [Settlement of Lawsuit - Lloyds and Zurich North America v. CCSF - $80,000]
Ordinance authorizing settlement of the lawsuit by Zurich American Insurance Company,
against the City and County of San Francisco for $80,000; the lawsuit was filed on
January 17, 2013, in San Francisco Superior Court, Case No. CGC-13-528071; entitled
Zurich American Insurance Company v. City and County of San Francisco, et al. (City
Attorney's Office)
Attachments: 130314
Comm_Pkt_041813
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
8. 130315 [Settlement of Lawsuit - CTIA - The Wireless Association]
Ordinance authorizing settlement of a lawsuit filed by CTIA against the City and County
of San Francisco; the lawsuit was filed on July 23, 2010, in United States District Court,
Northern District of California, Case No. 3:10-cv-03224 (WHA); entitled CTIA - The
Wireless Association v. City and County of San Francisco; the material terms of said
settlement are that: CTIA and the City will enter into a stipulated Final Judgment for the
CTIA, including declaratory relief and a permanent injunction against enforcement of the
Cell Phone Right-to-Know Law; the City will cease all litigation over the Cell Phone
Right-to-Know Law; and, CTIA will waive its claims for attorney’s fees. (City Attorney's
Office)
Attachments: Leg_Ver1
Comm_Pkt_041813
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
9. 130312 [Settlement of Claim - Kerry MacRae - $275,000]
Resolution approving the settlement of the unlitigated claim filed by Kerry MacRae
against the City and County of San Francisco for $275,000; claim was filed on April 27,
2012. (Public Works Department)
Attachments: Leg_Ver1
Comm_Pkt_041813
Board_Packet_050713
Question: Shall this Resolution be ADOPTED?
10. 121102 [Appointments, In-Home Supportive Services Public Authority - Patricia
Webb, Kelly Dearman, and Tatiana Kostanian]
Motion appointing Patricia Webb, Kelly Dearman, and Tatiana Kostanian, terms ending
March 1, 2016, to the In-Home Supportive Services Public Authority. (Clerk of the Board)
Attachments: Comm_Pkt_041813
Leg_Ver2
Board_Packet_050713
Question: Shall this Motion be APPROVED?
City and County of San Francisco Page 9 Printed at 2:16 pm on 5/8/13
Page 10
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Cohen, Tang, Campos
11. 130179 [Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of
Certain As-Needed Contract Requirements In Order to Complete Design and
Engineering of Bayview Opera House - $1,275,000]
Sponsor: Cohen
Ordinance waiving the as-needed contract modification not to exceed amount
requirement under Administrative Code, Section 6.64, and authorizing the Director of
Public Works to amend its as-needed Architectural Services Agreement with Tom Eliot
Fisch/Knapp Architects, JV by increasing the not to exceed amount by $150,000 from
$1,125,000 to $1,275,000 for the limited purpose of completing the design and
engineering for the Bayview Opera House project for the period of September 2, 2010,
through September 1, 2015.
Attachments: Leg_Ver1
Comm_Pkt_041113
Board_Packet_042313
Board_Packet_050713
04/23/2013; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Farrell, Mar, Avalos, Wiener
City and County of San Francisco Page 10 Printed at 2:16 pm on 5/8/13
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
12. 130284 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May
2013]
Sponsor: Tang
Ordinance recognizing Small Business Month in May 2013; amending the Planning Code
and the Building Code to retroactively waive fees for the month of May for certain façade
improvements; and making findings, including environmental findings and findings of
consistency with the General Plan and priority policies of Planning Code, Section 101.1.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Repsonse_Planning_040713
Response_BIC_042413
Response_SBC_042413
Resonse_Planning_Comm_050113
Leg_Ver2
Leg_Dig_Ver2
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 11 Printed at 2:16 pm on 5/8/13
Page 12
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
Present: Supervisors Farrell, Mar, Avalos, Breed, Wiener
13. 130299 [Appropriation and De-Appropriation - $4,072,764 for Overtime - FY2012-2013]
Sponsor: Mayor
Ordinance appropriating $4,072,764 to overtime and de-appropriating $4,072,764
consisting of $3,272,301 in permanent salaries and $800,463 in fringe benefits in the Fire
Department’s operating budget in order to support the department’s projected increases
in overtime as required per Ordinance No. 194-11.
(Fiscal Impact)
Attachments: Leg_Ver1
Bdgt_Analyst_Rpt_042413
Comm_Pkt_042412
Leg_Ver2
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Avalos
14. 130224 [Agreement - Pacific Gas and Electric Company - University Mound Reservoir
Project - $86,765.18]
Sponsor: Campos
Ordinance authorizing the Public Utilities Commission General Manager to enter into a
long-term interconnection agreement with Pacific Gas and Electric Company to connect
a small renewable energy project at University Mound Reservoir to the electric system;
and waiving specific requirements of the Administrative Code and the Environment Code
in the best interests of the City for an amount of $86,765.18 with a duration of ten years
and automatic renewal every year thereafter.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Bdgt_Analyst_Rpt_042413
Comm_Pkt_042412
Leg_Ver2
Leg_Dig_Ver2
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 12 Printed at 2:16 pm on 5/8/13
Page 13
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
15. 130319 [Multifamily Housing Revenue Bonds - Western Park Apartments - 1280
Laguna Street - Not to Exceed $25,000,000]
Sponsor: Breed
Resolution declaring the intent of the City and County of San Francisco (City) to
reimburse certain expenditures from proceeds of future bonded indebtedness;
authorizing the Director of the Mayor’s Office of Housing (Director) to submit an
application and related documents to the California Debt Limit Allocation Committee
(CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate
principal amount not to exceed $25,000,000 for Western Park Apartments, 1280 Laguna
Street, San Francisco, California 94115; authorizing and directing the Director to direct
the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance
with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on
deposit the required amount; authorizing the Director to pay an amount equal to such
deposit to the State of California if the City fails to issue the residential mortgage revenue
bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the
issuance and sale of residential mortgage revenue bonds by the City in an aggregate
principal amount not to exceed $25,000,000; authorizing and directing the execution of
any documents necessary to implement this Resolution; and ratifying and approving any
action heretofore taken in connection with the Project (as defined herein) and the
Application (as defined herein).
Attachments: Leg_Ver1
Comm_Pkt_042412
Board_Packet_050713
Question: Shall this Resolution be ADOPTED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Wiener, Kim, Chiu
City and County of San Francisco Page 13 Printed at 2:16 pm on 5/8/13
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
16. 120669 [Subdivision Code - Condominium Conversion Impact Fee]
Sponsors: Farrell; Wiener, Chiu and Yee
Ordinance amending the Subdivision Code, by adding Section 1396.4, to adopt a
condominium conversion impact fee applicable to certain buildings that would be
permitted to convert during a six year period, and subject to specified requirements,
including lifetime leases for non-purchasing tenants; adding Section 1396.5, to suspend
the annual condominium conversion lottery until 2024 and resume said lottery under
specified circumstances tied to permanently affordable rental housing production;
amending Section 1396, to restrict future condominium lotteries to buildings of no more
than four units with a specified number of owner occupied units for three years prior to
the lottery; and adopting environmental findings.
(Economic Impact)
(Supervisor Wiener dissented in Committee.)
Attachments: Leg_Ver1
Leg_Dig_Ver1
Response_Controller_030212
Response_Controller_0309012
Response_PLN_010413
Leg_Ver2
Leg_Dig_Ver2
Fee_Ad_012813
Comm_Pkt_012813
Leg_Ver3
Leg_Dig_Ver3
Comm_Pkt_022513
Response_Youth_022713
Comm_Pkt_031113
Comm_Pkt_032513
Econ_Analysis_Rpt_040213
Comm_Pkt_041513
Leg_Ver4
Leg_Dig_Ver4
Response_PLN_041713
Comm_Pkt_042213
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Neighborhood Services and Safety Committee
Present: Supervisors Campos, Yee
City and County of San Francisco Page 14 Printed at 2:16 pm on 5/8/13
Page 15
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
17. 130262 [Police Code - Access to Reproductive Health Care Facilities]
Sponsors: Campos; Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang
Ordinance amending the Police Code, Article 43, Sections 4301, 4302, 4303, and 4304,
to replace the existing eight-foot bubble zone around individuals entering, exiting, and
seeking services at health care facilities with a fixed buffer zone around the entrances,
exits, and driveways of reproductive health care facilities; and to prohibit any person from
entering or remaining in that buffer zone, with certain exceptions; and making
environmental findings.
Attachments: Leg_Ver1
Leg_Dig1
Comm_Pkt_041813
Board_Packet_050713
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Rules Committee
Present: Supervisors Yee, Breed, Cohen
18. 130329 [Appointments, Shelter Monitoring Committee - Deborah Muise and Raija
Freeman]
Motion appointing Deborah Muise and Raija Freeman, terms ending November 23, 2014,
to the Shelter Monitoring Committee, residency requirement waived. (Clerk of the Board)
Attachments: Comm_Pkt_041813
Leg_Ver2
Board_Packet_050713
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 2:30 P.M. - Recognition of Commendations
SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.18 provides that public hearings on appeals shall be scheduled for 3:00 p.m. If more than one
public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which
the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 3:00
p.m. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the
Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of
the Board to schedule multiple appeals in the following order at 3:00 p.m:
City and County of San Francisco Page 15 Printed at 2:16 pm on 5/8/13
Page 16
Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to
deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 3:00 p.m.
5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 3:00
p.m.
19. 130308 [Public Hearing - Appeal of a Final Environmental Impact Report - 706 Mission
Street - The Mexican Museum and Residential Tower Project]
Hearing of persons interested in or objecting to the Planning Commission's decision,
dated March 21, 2013, Certification of a Final Environmental Impact Report identified as
Planning Case No. 2008.1084E, through its Motion No. 18829, a proposed mixed-use
project at 706 Mission Street (Assessor's Block No. 3706, Lot Nos. 093, 275, and
portions of 277), the Mexican Museum and Residential Tower Project. (District 6)
(Appellants: Lippe Gaffney Wagner, LLP, on behalf of the 765 Market Street Residential
Owners Association, Friends of Yerba Buena, Paul Wornick, Matthew Schoenberg, Joe
Fang, and Margaret Collins; and Brandt-Hawley Law Group on behalf of the Tenants
and Owners Development Corporation and Yerba Buena Neighborhood Consortium,
LLC) (Filed April 2, 9, and 10, 2013) (Clerk of the Board)
Attachments: Appellant_Lippe_Air_Qual_Arg_1.pdf
Appellant_Lippe_Air_Qual_Arg_2.pdf
Appellant_Lippe_Air_Qual_Arg_3.pdf
Appellant_Lippe_Shadow/Noise_Arg.pdf
Appellant_Lippe_Historic_Arg_1.pdf
Appellant_Lippe_Historic_Arg_2.pdf
Appellant_Lippe_Historic_Arg_3.pdf
Planning_Dept_Appeal_Response.doc
Board_Packet_050713
Question: Shall this Hearing be HEARD AND FILED?
Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above
matter in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described above, or in written correspondence delivered to the Board of
Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or
prior to, the public hearing.
(Only one of the following two motions should be approved.)
City and County of San Francisco Page 16 Printed at 2:16 pm on 5/8/13
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
20. 130309 [Affirming FEIR Certification - 706 Mission Street - The Mexican Museum and
Residential Tower Project]
Motion affirming the certification by the Planning Commission of the Final Environmental
Impact Report for the 706 Mission Street - The Mexican Museum and Residential Tower
Project. (Clerk of the Board)
Attachments: Leg_Ver1.doc
Board_Packet_050713
Question: Shall this Motion be APPROVED?
21. 130310 [Reversing FEIR Certification - 706 Mission Street - The Mexican Museum and
Residential Tower Project]
Motion reversing the certification by the Planning Commission of the Final Environmental
Impact Report for the 706 Mission Street - The Mexican Museum and Residential Tower
Project. (Clerk of the Board)
Attachments: Leg_Ver1.doc
Board_Packet_050713
Question: Shall this Motion be APPROVED?
22. 130311 [Preparation of Findings to Reverse FEIR Certification - 706 Mission Street -
The Mexican Museum and Residential Tower Project]
Motion directing the Clerk of the Board to prepare findings reversing the certification by
the Planning Commission of the Final Environmental Impact Report for the 706 Mission
Street - The Mexican Museum and Residential Tower Project. (Clerk of the Board)
Attachments: Leg_Ver1.doc
Board_Packet_050713
Question: Shall this Motion be APPROVED?
23. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters
of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
24. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public
that are within the subject matter jurisdiction of the Board, including items being considered today
which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
Items 25 through 27
25. 130386 [Urging the California State Senate to Pass Senate Bill 622]
Sponsors: Campos; Avalos, Mar and Kim
Resolution urging the California State Senate to Pass Senate Bill 622, which would levy
an excise tax of one cent ($0.01) per fluid ounce on any beverage with added caloric
sweeteners, such as sodas, in order to fund activities to prevent childhood obesity.
Attachments: Leg_Ver1.doc
SB_622.pdf
Board_Packet_050713
04/23/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
26. 130387 [Urging the United States Senate to Amend Senate Bill 744 and Pass
Comprehensive Immigration Reform]
Sponsors: Chiu; Campos and Kim
Resolution urging the United States Senate to amend Senate Bill 744 and pass
Comprehensive Immigration Reform legislation to focus on family reunification, create a
real pathway to citizenship, and be inclusive of our country’s diversity.
Attachments: Leg_Ver1.doc
SB_744
Board_Packet_050713
04/23/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
27. 130354 [Final Map 7335 - 1880 Mission Street]
Motion approving Final Map 7335, a 202 residential unit and three commercial unit
mixed-use condominium project, located at 1880 Mission Street, being a merger and
resubdivision of Assessor’s Block No. 3547, Lot Nos. 002A, 003, 004 and 029, and
adopting findings pursuant to the General Plan and Planning Code, Section 101.1.
(Public Works Department)
Attachments: Leg_Ver1
DPW_Ltr_082412
DPW_Order_181175
Final_Map_7335
Notice_LouisRoeschCompany
Notice_PaulNieto
RteSheet_Map_7335
Tax_Cert_3547_002A
Tax_Cert_3547_003
Tax_Cert_3547_004
Tax_Cert_3547_029
Board_Packet_050713
04/17/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
28. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a
later meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time,
there is a need to take immediate action. The need to take action came to the attention of the City
and County of San Francisco after the agenda was posted.
LEGISLATION INTRODUCED AT ROLL CALL
Introduced by a Supervisor or the Mayor
Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of
Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred
to and reported upon by an appropriate Committee of the Board.
Legislation Introduced will appear on the Final Minutes for this meeting. Once the
Legislation Introduced is approved, it will be available on
http://www.sfbos.org/legislation_introduced.
Introduced at the Request of a Department
Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit
proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the
rear of the next available agenda of the Board.
PROPOSED ORDINANCES
There were none.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
PROPOSED RESOLUTIONS
130359 [Sale of Easement - Public Utilities Commission to Pacific Gas & Electric
Company - Watershed Lands Near Edgewood Road, Unincorporated San
Mateo County - $2,200]
Resolution approving and authorizing the sale of an easement on the City and County of
San Francisco’s property, consisting of approximately 7,800 square feet of watershed
lands in unincorporated San Mateo County, near Edgewood Road, by the Public Utilities
Commission, for the price of $2,200; adopting findings under the California
Environmental Quality Act; adopting findings that the conveyance is consistent with the
General Plan and the priority policies of Planning Code, Section 101.1; and authorizing
the Director of Property to execute documents, make certain modifications, and take
certain actions in furtherance of this Resolution. (Real Estate Department)
Attachments: Leg_Ver1
Real_Estate_Ltr_041713
Easement_Agmt
PUC_Res_13-0052
SFPUC_Memo_010713
Cat_Ex_083012
PLN_Email_041013
Form_126
Gen_Pln_Ref_050713
04/19/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
130360 [Settlement of Claim - Bank of San Francisco v. CCSF]
Resolution approving the proposed settlement of claim filed by Bank of San Francisco
against the City and County of San Francisco for $32,246.00; claim was filed on July 17,
2012, bearing claim number 13-00117. (City Attorney's Office)
Attachments: Leg_Ver1.DOC
04/19/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Rules Committee.
130361 [Settlement of Claim - Stanford Group Company v. CCSF]
Resolution approving the proposed settlement of claim filed by Stanford Group Company
against the City and County of San Francisco for $63,292.52; claim was filed on July 25,
2012, bearing claim number 13-00190. (City Attorney's Office)
Attachments: Leg_Ver1.DOC
04/18/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
130362 [Lease Extension Agreement - 711 Van Ness Avenue - Emergency
Management and Assessor-Recorder - 14.5 Months for $17,996.67 Per Month]
Resolution authorizing a 14.5 month extension of the Lease with SFOC, LLC, of 9,800
sq. ft. at 711 Van Ness Avenue, for a total lease term of thirty-five months, for the
Department of Emergency Management and the Office of the Assessor-Recorder. (Real
Estate Department)
Attachments: Leg_Ver1
Lease_Extension
Form_126
04/22/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
130391 [Airport Professional Services Agreement Amendment - Curbside
Management Program - Not to Exceed $15,067,000]
Resolution approving Amendment No. 1 to Professional Services Agreement, Airport
Contract No. 8994, Manage and Staff the Curbside Management Program, between FSP
PPM Management, LLC, and the City and County of San Francisco, acting by and
through its Airport Commission, in an amount not to exceed $15,067,000, pursuant to
Charter, Section 9.118(b), for the period of July 1, 2013, through June 30, 2014. (Airport
Commission)
Attachments: Leg_Ver1
Form_126.doc
Contract Ver1.pdf
Contract_Appendices.pdf
Reso_13_0005 .pdf
Contract_First_Amendment.pdf
04/24/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
130392 [Agreement Amendment - Motorola, Inc., 800 MHz - $28,000,000]
Resolution authorizing the Department of Technology to enter into the Seventh
Amendment of the Citywide 800 MHz Radio System Project Agreement between the City
and Motorola, Inc., to increase the contract amount to $28,000,000 for the period of
September 22, 1997, through September 21, 2017. (Department of Technology)
Attachments: Leg_Ver1
Assignment_Assumption_Agreement.pdf
Seventh_Amendment.pdf
Contract_Amend_1.pdf
Contract_Amend_2.pdf
Contract_Amend_3.pdf
Contract_Amend_4.pdf
Contract_Amend_5.pdf
Contract_Amend_6.pdf
Agreement_Master.pdf
Exhibit_B.pdf
Exhibit_C.pdf
Exhibit_D.pdf
Exhibit_E.pdf
Exhibit_F.pdf
Exhibit_G.pdf
Exhibit_H.pdf
Exhibit_I.pdf
Exhibit_J.pdf
Exhibit_K.pdf
Exhibit_L.pdf
Form_126.pdf
04/25/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
130399 [Report of Assessment Costs for Blighted Properties]
Resolution approving report of assessment costs submitted by the Director of Public
Works for inspection and/or repair of blighted properties ordered to be performed by said
Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid
for out of a blight abatement fund. (Public Works Department)
Attachments: Leg_Ver1.docx
DPW_Ltr_042913.pdf
DPW_Order_No_181187.pdf
Property_Owners.pdf
04/29/2013; RECEIVED FROM DEPARTMENT.
05/07/2013; RECEIVED AND ASSIGNED to the Board of Supervisors.
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
130395 [Petitions and Communications]
Petitions and Communications received from April 15, 2013, through April 29, 2013, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on May 7, 2013.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information will not be redacted.
From Public Health, submitting notification of a Federal Grant budget revision. Copy:
Each Supervisor. (1)
From Mayor, submitting notice of appointment to the Fire Commission. Copy: Each
Supervisor, Rules Committee Clerk. (2)
Francee Covington
From Mayor, submitting notice of appointment to the Fire Commission. Copy: Rules
Committee Clerk. (3)
Donald R. Carmignani
From Mayor, designating Supervisor Scott Wiener as Acting-Mayor from April 24, 2013,
until April 28, 2013. Copy: Each Supervisor. (4)
From Mayor, submitting notice of reappointment to Treasure Island Development
Authority Board of Directors. Copy: Each Supervisor, Rules Committee Clerk. (5)
Larry Del Carlo
From Mayor, submitting notice of appointment to the Port Commission. Copy: Each
Supervisor, Rules Committee Clerk. (6)
Kimberly Brandon
From Clerk of the Board, regarding Ethics Commission approval of Signature Verification
Form for regulation of electronic campaign finance reports. Copy: Each Supervisor. (7)
From City Administrator, regarding urban agriculture recommendation. Copy: Each
Supervisor. (8)
From Chancellor, City College of San Francisco, submitting response to related
legislation. File No. 130303. Copy: Each Supervisor, Budget and Finance Committee
Clerk. (9)
From Entertainment Commission, regarding Police, Administrative
Codes-Entertainment-related Permits. File No. 130182. Copy: Each Supervisor, Land
Use Committee Clerk. (10)
From Communications Supply Corp., regarding Release of Stop Notice. (11)
From Rent Board, submitting Annual Eviction Report 2012-2013. (12)
From Jan Blum, regarding proposal to use Ferry Building Plaza as a parking lot. 1 letter.
(13)
From Patricia Campbell, regarding strip club in the Castro District. (14)
From League of California Cities, submitting notice of opposition to AB 162. (15)
From concerned citizens, regarding Central Subway and Pagoda Theater cost increases.
3 Letters. (16)
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
From Bryan Waxman, regarding shark finning. Copy: Each Supervisor. (17)
From Treasurer and Tax Collector, submitting Monthly Investment Report for March
2013. Copy: Each Supervisor. (18)
From Li Chapman, regarding Polk Street Restricted Use District. File No. 121065.
Copy: Each Supervisor, Land Use and Economic Development Committee Clerk. (19)
From Krista Avery, regarding ABC License. File No. 130067. Copy: Each Supervisor.
(20)
From Controller, regarding authorization for San Francisco Finance Corporation to issue
Lease Revenue Bonds, Series 2013A. (21)
From Employees’ Retirement System, submitting Retirement Contribution Rates for
Fiscal Year 2013-2014. (22)
From MaryLou Corrigan, regarding Fire Chief Hayes-White and overtime. (23)
From concerned citizens, regarding Municipal Transportation Agency Board hearing on
taxi apps and medallions. Copy: Each Supervisor. 2 Letters. (24)
From Environment, submitting regulation and fact sheet for Commuter Benefits
Ordinance. Copy: Each Supervisor. (25)
From concerned citizens, regarding Masonic Avenue bike lane project. 15 Letters. (26)
From Francisco Da Costa, regarding San Bruno Avenue and Burrows. Copy: Each
Supervisor. (27)
From Employees’ Retirement System, regarding public holdings in fossil fuel companies.
File No. 130123. Copy: Each Supervisor. (28)
*From concerned citizens, regarding divestment from publicly traded fossil fuel
companies. File No. 130123. Copy: Each Supervisor, Budget and Finance Committee
Clerk. 491 Letters. (29)
From Controller, regarding compliance audit of Port’s tenants. (30)
*From Controller, regarding fiscal report on community-based long term care services.
(31)
From Association of Bay Area Governments, regarding costs for the proper disposal of
toxic and hazardous consumer products. Copy: Each Supervisor. (32)
From United Brotherhood of Carpenters and Joiners of America Local Union No. 22,
regarding requests for information from the Office of Labor Standards Enforcement.
Copy: Each Supervisor. (33)
From Jim Harris, regarding video surveillance in stores. (34)
From Aaron Goodman, regarding proper notification and alternatives to development.
(35)
From Adrienne Fong, regarding City College of San Francisco. File No. 130303. (36)
From concerned citizens, regarding proposed CEQA legislation. File Nos. 130248 and
121019. 3 Letters. (37)
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Board of Supervisors Meeting Agenda Tuesday, May 7, 2013
From concerned citizens, regarding support for Fire Department Neighborhood
Emergency Response Team. 2 Letters. (38)
From Sally McDonnell, regarding right to appeal tentative map approval. (39)
From James Chaffee, regarding the Public Library. (40)
From Lee Goodin, regarding requests for investigation of Central Subway Project. (41)
From Kathy Mitchell, regarding condo conversion legislation. File No. 120669. (42)
*(An asterisked item represents the cover sheet to a document that exceeds 25 pages.
The complete document is available at the Clerk’s Office, Room 244, City Hall.)
Attachments: Board_Packet_050713
ADJOURNMENT
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