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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, September 24, 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 10:30 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, September 24, 2013
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF 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 6
Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Cohen, Tang
City and County of San Francisco Page 4 Printed at 11:26 am on 9/20/13
Page 5
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
1. 130762 [Memorandum of Understanding, Amendment No. 5 - San Francisco Police
Officers’ Association (Units P-1 & P-2A)]
Sponsor: Mayor
Ordinance adopting and implementing Amendment No. 5 to the 2007-2015
Memorandum of Understanding between the City and County of San Francisco and the
San Francisco Police Officers’ Association (Units P-1 & P-2A) by implementing specified
terms and conditions of employment for FYs 2013-2014, 2014-2015, 2015-2016,
2016-2017, and 2017-2018.
Attachments: Leg_Ver1
MOU
Cost_Analysis
Comm_Pkt_091213
Comm_Rpt_091713
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
2. 130763 [Memorandum of Understanding, Amendment No. 5 - San Francisco Police
Officers’ Association (Unit P-2B)]
Sponsor: Mayor
Ordinance adopting and implementing Amendment No. 5 to the 2007-2015
Memorandum of Understanding between the City and County of San Francisco and the
San Francisco Police Officers’ Association (Unit P-2B) by implementing specified terms
and conditions of employment for FYs 2013-2014, 2014-2015, 2015-2016, 2016-2017,
and 2017-2018.
Attachments: Leg_Ver1
MOU
Cost_Analysis
Comm_Pkt_091213
Comm_Rpt_091713
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; 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 5 Printed at 11:26 am on 9/20/13
Page 6
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
3. 130646 [Planning Code - Mixed Use Office District]
Ordinance amending the Planning Code, Section 842 and 842.49, of the Zoning Control
Table, to permit a tourist hotel without a specified room limit in a Mixed Use Office
District in height districts that are 105 feet and above with a Conditional Use
authorization; 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. (Planning Commission)
Attachments: Leg_Ver1
Response_PLN_061213
Comm_Pkt_090913
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
4. 130672 [Transportation Code - Disabled Parking Placard or License Plate
Restrictions]
Sponsor: Chiu
Ordinance amending the Transportation Code, Division I, to prohibit, on any street, alley,
or portion of a street or alley, or in any municipal or private parking facility, the parking of
a vehicle displaying a disabled parking placard or special license plate, in order to obtain
special parking privileges, that has been reported as lost, stolen, surrendered, canceled,
revoked, expired, or issued to a person who has been reported as deceased for a period
exceeding sixty days; is not being used to transport, and is not in the reasonable
proximity of, the person to whom the license plate or placard was issued or a person who
is authorized to be transported in the vehicle displaying that placard or license plate; or is
counterfeit, forged, altered, or mutilated.
Attachments: Leg_Ver1
Leg_Dig_Ver1
MTA_Ltr_062413
Response_MOD_070313
Comm_Pkt_090913
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 6 Printed at 11:26 am on 9/20/13
Page 7
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
5. 130782 [Building, Housing Codes - Mandatory Seismic Retrofit Program -
Wood-Frame Buildings]
Sponsors: Mayor; Chiu, Wiener, Yee, Tang, Farrell, Breed, Mar and Cohen
Ordinance amending the Building Code to modify some of the evaluation and retrofit
criteria for the Mandatory Earthquake Retrofit Program and add seismic members to the
Board of Examiners; amending the Housing Code to require a Report of Residential
Building Record (3R Report) to include information on whether a building is included in
the program and whether the required upgrade has been completed; adopting
environmental findings and findings of local conditions under the California Health and
Safety Code; and directing the Clerk of the Board to forward the legislation to specified
State agencies.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Resonse_BIC_082213
Comm_Pkt_090913
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
6. 130786 [Fire Code - Repealing, Replacing, and Amending]
Sponsors: Chiu; Farrell
Ordinance repealing the current Fire Code in its entirety and replacing that code with a
new 2013 San Francisco Fire Code consisting of the 2013 California Fire Code and
portions of the 2012 International Fire Code, together with San Francisco amendments,
with an operative date of January 1, 2014; amending the current Fire Code, Section
511.2, to exempt any building that is covered by Section 511.2 and is equipped with a fire
service access elevator pursuant to California Building Code, Section 3007, from the
requirement to install an air replenishment system, with an operative date of 30 days
after enactment; adopting findings of local conditions pursuant to California Health and
Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward
the legislation and associated materials to the California Building Standards Commission
and State Fire Marshal; and making environmental findings.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Findings
2013_CA_Fire_Code
Cat_Ex_081413
Hrg_Notice_090913
Comm_Pkt_090913
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 7 Printed at 11:26 am on 9/20/13
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Farrell, Mar, Avalos
7. 130276 [Business and Tax Regulations Code - Former Transfer Tax Review Board]
Ordinance amending the Business and Tax Regulations Code to remove provisions that
refer to the former Transfer Tax Review Board that expired by operation of law on
January 1, 2013. (City Attorney)
Attachments: Leg_Ver1
Leg_Dig_Ver1
bf091113_130276
130276.doc
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 8 Printed at 11:26 am on 9/20/13
Page 9
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
8. 130780 [Setting Property Tax Rate and Establishing Pass-Through Rate for
Residential Tenants - FY2013-2014]
Sponsor: Mayor
Ordinance providing revenue and levying property taxes at a combined rate of $1.1880
on each $100 valuation of taxable property for the City and County of San Francisco, San
Francisco Unified School District, San Francisco Community College District, Bay Area
Rapid Transit District, and Bay Area Air Quality Management District, and establishing a
pass-through rate of $0.0880 per $100 of assessed value for residential tenants pursuant
to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2014.
Attachments: Leg_Ver1
Dept_Ltr_072413
Leg_Ver2
Dept_ltr_082613
Comm_Pkt_091113
Budget_Analysts_Rpt_091113
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Wiener, Kim, Chiu
City and County of San Francisco Page 9 Printed at 11:26 am on 9/20/13
Page 10
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
9. 130706 [Administrative Code - Residential Rent Ordinance, Tenant Financial Hardship
Applications for Relief from Landlord Passthrough of Capital Improvement
Costs]
Sponsors: Mayor; Chiu, Kim, Mar, Campos and Breed
Ordinance amending the Administrative Code to provide standards for Residential
Tenant Financial Hardship Applications seeking relief from landlord passthrough of
capital improvement costs to a tenant, and procedures for reviewing and deciding the
applications; and to require the Rent Board to provide notice to tenants regarding
financial hardship application procedures, when a landlord applies for certification of
capital improvement costs.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Comm_Pkt_090913
Leg_Ver2
Leg_Dig_Ver2
Board_Pkt_091713
Leg_Ver3
Leg_Dig_Ver3
Board_Pkt_092413
09/17/2013; AMENDED.
09/17/2013; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Neighborhood Services and Safety Committee
Present: Supervisors Campos, Mar, Avalos
City and County of San Francisco Page 10 Printed at 11:26 am on 9/20/13
Page 11
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
10. 130764 [Administrative Code - Due Process for All Ordinance on Civil Immigration
Detainers]
Sponsors: Avalos; Breed, Campos, Chiu, Cohen, Kim, Mar and Yee
Ordinance amending the Administrative Code, by adding Chapter 12I, to prohibit law
enforcement officials from detaining individuals on the basis of a civil immigration
detainer after they become eligible for release from custody.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Comm_Pkt_090513
Leg_Ver2
Leg_Dig_Ver2
Board_Pkt_091713
Board_Pkt_092413
09/17/2013; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 11 Printed at 11:26 am on 9/20/13
Page 12
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Farrell, Mar, Avalos
11. 130784 [Business and Tax Regulations Code - Miscellaneous Changes]
Sponsor: Chiu
Ordinance amending the Business and Tax Regulations Code by, among other things: 1)
(Common Administrative Provisions) requiring monthly installment payments rather than
prepayments of hotel and parking taxes; eliminating the annual parking tax bond renewal
requirement; providing a due date for business registration fees; excluding penalties from
calculation of interest on tax determinations; adding an underreporting penalty for failure
to file a return when tax liability exceeds $5,000; changing the penalty for failure to
register or update a registration, making misstatements in a registration, failure to allow
inspection or production of records, and failure to file a return; 2) (Tax on Occupancy of
Parking Space in Parking Stations) eliminating the prepayment Revenue Control
Equipment certification; 3) (Business Registration provisions) requiring a copy of the
business registration certificate rather than a business tax registration tag be displayed
on company vehicles; eliminating the Tax Collector’s authority to suspend a business
registration certificate; 4) (Payroll Expense Tax Ordinance) providing that interest applies
to unpaid penalties but not unpaid fees and interest; changing the date that businesses
must file an affidavit with the Office of Economic and Workforce Development claiming
the Central Market Street and Tenderloin Area Payroll Expense Tax Exclusion; and 5)
(Parking Stations, Revenue Control Equipment) specifying the date the Revenue Control
Equipment Compliance Fee is due.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Memo_073013
Leg_Ver2
Leg_Digest_Ver2
Memo_083013_Ver2
Response_SBC_091313
Budget_Analysts_Rpt_091813.
Comm_Pkt_091813
Leg_Ver3
Leg_Dig_Ver3
Board_Pkt_092413
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 12 Printed at 11:26 am on 9/20/13
Page 13
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
12. 130651 [Memorandum of Unrecorded Grant Agreement - Buena Vista Park Project]
Resolution authorizing the Director of Real Estate to record a Memorandum of
Unrecorded Grant Agreement against Assessor’s Block No. 2601, Lot No. 001, for the
Buena Vista Park Project, pursuant to a Land and Water Conservation Fund Grant
Agreement. (Recreation and Park Department)
Attachments: Leg_Ver1
Agmt_062613
Map_Revised
Map_Draft
Comm_Pkt_091813
Board_Pkt_092413
Question: Shall this Resolution be ADOPTED?
13. 130826 [Accept and Expend Grant - McLaren Park Connector Trail Project - $186,746]
Sponsor: Avalos
Resolution retroactively authorizing the Recreation and Park Department to accept and
expend a Land and Water Conservation Fund Grant from the California Department of
Parks and Recreation in the amount of $186,746 for the McLaren Park Connector Trail
Project for the period of September 16, 2011, through June 30, 2014.
Attachments: Leg_Ver1
Grant_Info_090313
Comm_Pkt_091813
Board_Pkt_092413
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 13 Printed at 11:26 am on 9/20/13
Page 14
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
14. 130866 [Revenue Bonds - Municipal Transportation Agency - Transportation Related
Projects - Not to Exceed $165,000,000]
Sponsors: Mayor; Farrell
Resolution authorizing the sale, issuance, and execution of not to exceed $165,000,000
aggregate principal amount of revenue bonds by the Municipal Transportation Agency to
finance certain transportation related projects, approving the form of certain financing
documents including the official statement, the bond purchase contract, the second
supplement to indenture of trust, and continuing disclosure certificate; authorizing the
taking of appropriate actions in connection therewith; and related matters approving the
forms of documents relating thereto; approving the maximum interest thereon; finding
that the authorization and issuance of revenue bonds by the agency is not a project
under California Environmental Quality Act (CEQA), CEQA Guidelines, and
Administrative Code, Chapter 31; and related matters.
(Fiscal Impact)
Attachments: Leg_Ver1
Preliminary_Statement_072513
Controller_Certification_090513
Disclosure_Certificate
MTA_Ltr_090313
Res_ No_13-205
Second_Supplement
Request_Supplemental_Appropriation_082613
Bond_Purchase_Contract
Budget_Analysts_Rpt_091813
Comm_Pkt_091813
Form_126
Form_126
Form_126
Form_126
Form_126
Board_Pkt_092413
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 14 Printed at 11:26 am on 9/20/13
Page 15
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
15. 130861 [Appropriation - Municipal Transportation Agency 2013 Series Revenue Bond
Proceeds - Transportation Capital Projects and Equipment - $165,000,000 -
FY2013-2014]
Sponsor: Mayor
Ordinance appropriating $165,000,000 of 2013 Series Revenue Bond proceeds to the
Municipal Transportation Agency for Transit, Bicycle, Pedestrian, and Parking Garage
Projects and Equipment in FY2013-2014.
(Fiscal Impact)
Attachments: Budget_Analysts_Rpt_091813
Support_1
Comm_Pkt_091813
Board_Pkt_092413
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Cohen, Tang, Campos
16. 130602 [Board Response - Civil Grand Jury Report - "Are the Wheels Moving
Forward? A Follow-Up to the 2009-2010 Civil Grand Jury Report Sharing the
Roadway: From Confrontation to Conversation"]
Resolution responding to the Presiding Judge of the Superior Court on the findings and
recommendations contained in the 2012-2013 Civil Grand Jury Report entitled “Are the
Wheels Moving Forward? A Follow-Up to the 2009-2010 Civil Grand Jury Report Sharing
the Roadway: From Confrontation to Conversation” and urging the Mayor to cause the
implementation of accepted findings and recommendations through his/her department
heads and through the development of the annual budget. (Government Audit and
Oversight Committee)
Attachments: Leg_Ver1
CGJ_Report
Memo_COB to BOS
Response_Mayor
Response_Police Dept
Response_SFMTA
Response_BAC
Comm_Pkt_091213
Leg_Ver2
Board_Pkt_092413
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 15 Printed at 11:26 am on 9/20/13
Page 16
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
17. 130604 [Board Response - Civil Grand Jury Report - "Optimizing the Use of
Publicly-Owned Real Estate: Achieving Transparency, Momentum, and
Accountability"]
Resolution responding to the Presiding Judge of the Superior Court on the findings and
recommendations contained in the 2012-2013 Civil Grand Jury Report entitled
“Optimizing the Use of Publicly-Owned Real Estate: Achieving Transparency,
Momentum, and Accountability” and urging the Mayor to cause the implementation of
accepted findings and recommendations through his/her department heads and through
the development of the annual budget. (Clerk of the Board)
Attachments: Leg_Ver1
CGJ_Report
Memo_COB to BOS
Response_Consolidated
Response_SFUSD
Response_SFMTA
Comm_Pkt_091213
Leg_Ver2
Board_Pkt_092413
Question: Shall this Resolution be ADOPTED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Wiener, Kim, Chiu
18. 130781 [Administrative Code - Special Tax Financing Law]
Sponsors: Mayor; Tang and Wiener
Ordinance to amend the Administrative Code Special Tax Financing Law, constituting
Article 43.10, to authorize financing by special tax districts of work deemed necessary to
bring buildings or real property, including privately owned buildings or real property, into
compliance with seismic safety standards or regulations, and related technical
amendments; and to establish certain procedures by which the City can make changes
to a special tax district.
Attachments: Leg_Ver1
Leg_Dig_Ver1
Response_SBC_091213
Comm_Pkt_091613
Leg_Ver2
Leg_Dig_Ver2
Board_Pkt_092413
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 16 Printed at 11:26 am on 9/20/13
Page 17
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
SPECIAL ORDER 2:30 P.M. - Recognition of Commendations
City and County of San Francisco Page 17 Printed at 11:26 am on 9/20/13
Page 18
Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
SPECIAL ORDER 3:00 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:
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. 130805 [Public Hearing - Appeal of Determination of Exemption from Environmental
Review - 435-437 Potrero Avenue]
Hearing of persons interested in or objecting to the Planning Commission’s determination
dated July 11, 2013, that the project located at 435-437 Potrero Avenue, Assessor’s
Block No. 3974, Lot No. 022 is exempt from environmental review under Class 1 of the
California Environmental Quality Act (CEQA) Guidelines as a minor alteration to an
existing facility; the proposed work involves establishment of an internet services
exchange to occupy the entirety of an existing 10,000 square foot building. (District 10)
(Appellant: Mica I. Ringel) (Filed August 12, 2013). (Clerk of the Board)
Attachments: Board_Pkt_092413
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.)
20. 130806 [Affirming the Exemption Determination - 435-437 Potrero Avenue]
Motion affirming the determination by the Planning Commission that a project located at
435-437 Potrero Avenue is exempt from environmental review.
Attachments: Leg_Ver1
Board_Pkt_092413
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
21. 130807 [Reversing the Exemption Determination - 435-437 Potrero Avenue]
Motion reversing the determination by the Planning Commission that a project located at
435-437 Potrero Avenue is exempt from environmental review.
Attachments: Leg_Ver1
Board_Pkt_092413
Question: Shall this Motion be APPROVED?
22. 130808 [Preparation of Findings to Reverse the Exemption Determination - 435-437
Potrero Avenue]
Motion directing the Clerk of the Board to prepare findings reversing the determination by
the Planning Commission that a project located at 435-437 Potrero Avenue is exempt
from environmental review.
Attachments: Leg_Ver1
Board_Pkt_092413
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.
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, September 24, 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 29
25. 130891 [Constitution and Citizenship Day in San Francisco - September 17, 2013]
Sponsor: Chiu
Resolution commending the San Francisco Pathways to Citizenship Community
Collaborative and declaring September 17, 2013, as Constitution Day and Citizenship
Day in the City and County of San Francisco.
Attachments: Leg_Ver1
Board_Pkt_092413
09/17/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
26. 130892 [Urging Support for the Supplemental Nutrition Assistance Program]
Sponsor: Mar
Resolution urging local and State officials to support the Supplemental Nutrition
Assistance Program and its critical impact on the low-income residents of the City and
County of San Francisco.
Attachments: Leg_Ver1
Board_Pkt_092413
09/17/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
27. 130880 [Final Map 7320 - 343 Frederick Street]
Motion approving Final Map 7320, a five Residential Unit Condominium Project, located
at 343 Frederick Street being a subdivision of Assessor’s Block No. 1268, Lot No. 045,
and adopting findings pursuant to the General Plan and Planning Code, Section 101.1.
(Public Works Department)
Attachments: 130880
Board_Pkt_092413
09/16/2013; RECEIVED FROM DEPARTMENT.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
28. 130881 [Final Map 7452 - 2652 Harrison Street]
Motion approving Final Map 7452, a 20 Residential Unit Condominium Project, located at
2652 Harrison Street being a subdivision of Assessor’s Block No. 3639, Lot No. 002, and
adopting findings pursuant to the General Plan and Planning Code, Section 101.1.
(Public Works Department)
Attachments: Leg_Ver1
Board_Pkt_092413
09/16/2013; RECEIVED FROM DEPARTMENT.
Question: Shall this Motion be APPROVED?
29. 130900 [Concurring in the Revised Declaration of Local Emergency - Rim Fire
(Stanislaus National Forest Area)]
Motion concurring in the September 19, 2013, Revised Declaration of Local Emergency
by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board)
Attachments: Leg_Ver1
Dec_Ltr_091913
Board_Pkt_092413
09/19/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 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
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
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.
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
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
130882 [Park Code - Harding Park Golf Course Temporary Reduced Greens Fees]
Ordinance amending the Park Code to set temporary reduced greens fees for the
Harding Park Golf Course from December 2, 2013, through no later than May 31, 2014,
to accommodate the renovation of the greens; and making environmental findings.
(Recreation and Park Department)
Attachments: Leg_Ver1
Leg_Dig_Ver1
09/16/2013; RECEIVED FROM DEPARTMENT.
09/24/2013; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee.
PROPOSED RESOLUTIONS
130877 [Street Encroachment - Operator Convenience Facilities - Terminals of Muni
Transit Lines]
Resolution granting revocable permission to the Municipal Transportation Agency to
occupy portions of the public right-of-way to install and maintain two new operator
convenience facilities at the terminus of various Muni bus routes, and making
environmental findings, and findings of consistency with the General Plan, and the eight
priority policies of Planning Code, Section 101.1. (Public Works Department)
Attachments: Leg_Ver1
09/13/2013; RECEIVED FROM DEPARTMENT.
09/24/2013; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
130878 [Street Encroachment - Reed Street to Access a New Garage - 45 Priest
Street]
Resolution granting revocable permission to Sanjay Dani to occupy portions of the public
right-of-way on Reed Street, an existing unaccepted public right-of-way, to extend the
existing roadway by approximately 20 feet and construct a concrete driveway ramp from
the edge of an existing garage at 44 Reed Street to provide access to a proposed new
garage at the Reed Street frontage of 45 Priest Street, conditioned upon the payment of
an annual assessment fee, and making envronmental findings, and findings of
consistency with the General Plan, and the eight priority policies of Planning Code
Section 101.1. (Public Works Department)
Attachments: Leg_Ver1
Board_Packet_091713
09/16/2013; RECEIVED FROM DEPARTMENT.
09/24/2013; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
130879 [Agreement Amendment - Airport Professional Services - Operation and
Maintenance Services - AirTrain System - Not to Exceed $98,700,000]
Resolution approving Amendment No. 1 to Professional Services Agreement, Airport
Contract No. 8838, to provide Operation and Maintenance Services for the AirTrain
System, between Bombardier Transportation (Holdings) USA, Inc., and the City and
County of San Francisco, acting by and through its Airport Commission, in an amount not
to exceed $98,700,000 pursuant to Charter, Section 9.118(b) for the period of March 1,
2014, through February 28, 2017. (Airport Commission)
Attachments: Leg_Ver1
09/13/2013; RECEIVED FROM DEPARTMENT.
09/24/2013; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
130847 [Petitions and Communications]
Petitions and Communications received from September 9, 2013, through September
16, 2013, for reference by the President to Committee considering related matters, or to
be ordered filed by the Clerk on September 24, 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 Municipal Transportation Agency, regarding response to the Civil Grand Jury’s
Report on Optimizing the Use of Publicly Owned Real Estate. File No. 130604. (1)
*From Citizen Complaints, submitting 2013 Second Quarter Statistical Report. (2)
From Bay Area Air Quality Management District and Metropolitan Transportation
Commission, regarding public workshop. Copy: Each Supervisor. (3)
From concerned citizens, submitting signatures for petition “Ban the Box in San
Francisco.” 145 signatures. Copy: Each Supervisor. (4)
*From Controller, regarding report entitled, "Transit Operator hiring, training, and worker
safety at the San Francisco Municipal Transportation Agency." (5)
From Kevin Clark, submitting public comment for Item No. 5 on the September 9, 2013,
Land Use & Economic Development Agenda. File No. 130706. (6)
From Rodney Marett, regarding Neighborhood Emergency Response Team program.
(7)
From Atsushi Miyamoto, regarding the Japantown Cultural Heritage and Economic
Sustainability Strategy. (8)
From concerned citizens, regarding the Masonic Avenue cycle track project. 5 letters.
File No. 120974. (9)
From Clerk of the Board, submitting a memo regarding an appointment by the Mayor:
(10)
Matthew Stiker - Film Commission
From Andrea Green, regarding Planning Department public outreach. (11)
From Emergency Management, regarding public input on the update to the City’s Hazard
Mitigation Plan. (12)
From concerned citizens, regarding the Gan Noe Preschool and Chabad of Noe Valley’s
Conditional Use Permit Application. 11 letters. File No. 130818. (13)
From concerned citizens, submitting signatures for Gan Noe Preschool’s petition, “Board
of Supervisors: Reject the Appeal.” File No. 130818. 165 signatures. (14)
From Columbus United Cooperative, regarding relocation at 53 Columbus Avenue.
Copy: Each Supervisor. (15)
From Youth Commission, regarding Due Process for All Ordinance. File No. 130764.
(16)
From Kenneth and Anita Miguel, regarding a parking citation. Copy: Each Supervisor.
(17)
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Board of Supervisors Meeting Agenda Tuesday, September 24, 2013
From Sheriff, regarding a sole source waiver request for garbage collection services in
County Jails. (18)
From Andrea Agho, regarding San Francisco Housing Authority meeting change
information. (19)
From Robert Hampton, regarding the naming of the Bay Bridge Western Span. (20)
From Chris Geiger, regarding Department of Environment’s revised pesticide “hazard
tier” review process. (21)
From Treasurer and Tax Collector, submitting Annual Report for 2012 Payroll Expense
Tax Exclusion - Biotechnology. Copy: Each Supervisor. (22)
*From Mica I. Ringel, submitting Petition for Writ of Mandate. (23)
*From Building Inspection, submitting joint response to a June 2013 Civil Grand Jury
Report. File No. 130687. (24)
From Treasurer and Tax Collector, submitting CCSF Monthly Investment Report for
August 2013. (25)
From Aaron Goodman, regarding Transit Effectiveness Project Economic Impact Report.
(26)
From San Francisco Bay Regional Water Quality Control Board, regarding opportunity for
public comment. (27)
*(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.)
ADJOURNMENT
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