# Board of Supervisors Agenda: March 16, 2010

- Meeting date: 2010-03-16
- Document type: agenda
- Source format: PDF
- Extracted pages: 23
- [Canonical HTML transcript](https://sfbos.info/documents/1981/2010-03-16-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG031610.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Extracted text

### [Page 1](https://sfbos.info/documents/1981/2010-03-16-agenda#page-1)

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, March 16, 2010 - 2:00 PM
 Regular Meeting

 DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY,
 BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

 Angela Calvillo, Clerk of the Board
 Agendas of the Board of Supervisors are available on the internet at www.sfgov.org/bos

 BOARD COMMITTEES
 Committee Membership Meeting Days
 Budget and Finance Committee Wednesday
 Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM

 City and School District Select Committee 1st and 3rd Thursday
 Supervisors Dufty, Alioto-Pier, Daly, Fewer, Kim, Mendoza 3:30 PM

 City Operations and Neighborhood Services Committee 2nd and 4th Monday
 Supervisors Chu, Avalos, Elsbernd 10:30 AM

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mar, Chu, Maxwell 1:00 PM

 Land Use and Economic Development Committee Monday
 Supervisors Maxwell, Mar, Chiu 1:00 PM

 Public Safety Committee 1st and 3rd Monday
 Supervisors Chiu, Mirkarimi, Dufty 10:00 AM

 Rules Committee 1st and 3rd Thursday
 Supervisors Campos, Alioto-Pier, Mar 10:00 AM

 First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee.

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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 at a Committee meeting 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) signs to be
brought into the meeting or displayed in the room; 4) standing in the meeting room.
Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a
Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco,
CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services
at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting.
Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes
prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244,
RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415)
554-4188.
Requests for language interpreters at a meeting 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 en una reunion debe recibirse antes de
mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

 Disability Access

 The Legislative Chamber and the Committee Room 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, 5, 21, 47, 49, 71, 71L, J, K, L, M, N, T (exit at Van Ness Station).
MUNI bus lines also serving the area are the 6, 7, and 9 San Bruno. 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.

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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, by phone at (415)
554-7724, by 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.sfgov.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
www.sfgov.org/ethics

 Agenda Item Information

Each item on the Consent or Regular agenda may include the following documents:
 1) Legislation
 2) Budget Analyst report
 3) Legislative Analyst report
 4) Department or Agency cover letter and/or report
 5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk on the Friday
preceding a regularly scheduled Board meeting.

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the February 23, 2010, Board Meeting Minutes.

 COMMUNICATIONS

 SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board
 (This item will be read at the third Board Meeting of each month.)

 The following is a time dedicated for the Mayor to discuss with the Board of Supervisors issues pertaining
 to the governance of the City and County of San Francisco. The Board of Supervisors offers this time for
 dialogue on the third regularly scheduled Board meeting of every month pursuant to the will of the voters
 as expressed in Proposition I in November of 2006.

 Should the Mayor fail to appear after five minutes of the item being called, the Clerk shall remove the item
 from the Board's agenda, and the item shall not be considered by the Board. Should the Mayor appear
 and the Board therefore consider this item, public comment for this item will take place during general
 public comment.

 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.

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 Items 1 through 15

 Recommendation of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

1. 100113 [Private Ambulance Regulatory Fee Payments]
 Sponsor: Avalos
 Ordinance amending Business and Tax Regulations Code Section 249.8 to require
 payment of private ambulance regulatory fees to the Department of Emergency
 Management rather than to the City Treasurer. (Department of Emergency Management)
 03/09/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendation of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Elsbernd

2. 100207 [Accept and Expend Grant - Homeless Health and Wellness Training -
 $108,600]
 Sponsor: Dufty
 Resolution authorizing the San Francisco Department of Public Health to accept and
 expend retroactively a grant in the amount of $108,600 from the San Francisco
 Community Clinic Consortium, to assist with a project entitled “Homeless Health and
 Wellness Training” for the period of March 27, 2009, through March 26, 2011.

 Question: Shall this Resolution be ADOPTED?

 Recommendation of the Government Audit and Oversight Committee
 Present: Supervisors Mar, Chu, Maxwell

3. 100023 [Requiring that Census Workers be Allowed Access to Residential Hotels to
 Engage in Census Activities]
 Sponsors: Mirkarimi; Mar and Campos
 Ordinance amending the San Francisco Administrative Code by amending Section
 41D.4, to add a new goal to the Uniform Visitor Policy and any Supplemental Visitor
 Policies to ensure that census workers engaged in census activities are allowed access
 to Residential Hotels, and requesting the Rent Board to amend the Uniform Visitor Policy
 to incorporate this addition.
 03/09/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

4. 091113 [Seismic Strengthening of Soft-Story, Wood-Frame Buildings]
 Sponsors: Mayor; Campos
 Ordinance finding a compelling public policy basis for expediting the processing and
 review of permits for voluntary seismic retrofit upgrades of soft-story, wood-frame
 buildings and amending the Planning Code, Building Code, Fire Code, and Public Works
 Code to waive permit processing fees for the proportionate share of work related to such
 seismic retrofit upgrades; making environmental findings and findings of consistency with
 the City's General Plan and Planning Code Section 101.1.

 (Economic Impact.)
 11/10/2009; SUBSTITUTED.

 03/09/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

5. 091406 [Street Encroachment at 1 Webster Street]
 Sponsor: Dufty
 Ordinance granting revocable permission to Cross Cultural Family Center, Inc., to occupy
 a portion of the public right-of-way to construct and maintain a fenced outdoor play space
 with a trellised entry, a seating area and stroller parking on the west side of Webster
 Street between Duboce Avenue and Hermann Street, for a new child development center
 at 1 Webster Street (Block No. 0874, Lot No. 014); waiving the annual right-of-way
 occupancy assessment fee; and making environmental findings and findings of
 consistency with the General Plan and the priority policies of Planning Code Section
 101.1.
 03/09/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

6. 100029 [Acceptance of Sewer Main and Reissuance of Encroachment Permit for
 Poppy Lane]
 Sponsor: Dufty
 Ordinance accepting an irrevocable offer for a sewer main; dedicating said
 improvements for public use; accepting a sewer main on Poppy Lane for maintenance
 and liability purposes; rescinding Resolution No. 493-00 in order to modify and reissue
 the major encroachment permit for 101 Poppy Lane in accordance with this Ordinance;
 accepting Department of Public Works Order No. 178,477; adopting environmental
 findings and findings that such actions are consistent with the City’s General Plan and
 the eight priority policies of City Planning Code section 101.1; and authorizing official acts
 in connection with this Ordinance. (Public Works Department)
 03/09/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Mar

7. 100068 [Settlement of Lawsuit - Marjorie Flores - $57,500]
 Ordinance authorizing settlement of the lawsuit filed by Marjorie Flores against the City
 and County of San Francisco for $57,500; the lawsuit was filed on April 23, 2009, in San
 Francisco Superior Court, Case No. 09-487666, entitled Flores v. City and County of San
 Francisco, et al. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

8. 100069 [Settlement of Lawsuit - Yee Mei Hung - $50,000]
 Ordinance authorizing settlement of the lawsuit filed by Yee Mei Hung against the City
 and County of San Francisco and Thomas Mann Chu for $50,000; the lawsuit was filed
 on February 3, 2009, in San Francisco Superior Court, Case No. 484-637; entitled Yee
 Mei Hung v. City and County of San Francisco, et al. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

9. 100085 [Settlement of Unlitigated Claim - Patricia Geary - $80,000]
 Resolution approving the settlement of the unlitigated claim filed by Patricia Geary
 against the City and County of San Francisco for $80,000; claim was filed on September
 16, 2009. (City Attorney)

 Question: Shall this Resolution be ADOPTED?

10. 100118 [Settlement of Claim - Elisa Gill - $50,000]
 Resolution approving the settlement of Equal Employment and Opportunity Commission
 Charge No. 550-2009-00090, filed by Elisa Gill on October 28, 2008, against the San
 Francisco Public Utilities Commission, for $50,000. (City Attorney)

 Question: Shall this Resolution be ADOPTED?

11. 100166 [Settlement of Unlitigated Claim - Larkfield, Inc. - $49,500]
 Resolution approving the settlement of the unlitigated claim filed by Larkfield, Inc.,
 against the City and County San Francisco for $49,500; claim was filed on September 2,
 2009.

 Question: Shall this Resolution be ADOPTED?

12. 100193 [Appointment, Sunshine Ordinance Task Force - Bruce Wolfe]
 Motion appointing Bruce Wolfe, term ending April 27, 2010, to the Sunshine Ordinance
 Task Force. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

13. 100194 [Appointments, Eastern Neighborhood Citizens Advisory Committee - Cynthia
 Scully and Matthias Mormino]
 Motion appointing Cynthia Scully, term ending October 19, 2013, and Matthias Mormino,
 term ending October 19, 2011, to the Eastern Neighborhoods Citizens Advisory
 Committee. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

14. 100195 [Appointment, Children and Families First Commission - Twila Brown]
 Motion appointing Twila Brown, for an indefinite term, to the Children and Families First
 Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

15. 100196 [Appointments, Sweatfree Procurement Advisory Group - Jason Oringer and
 Sarah Church]
 Motion appointing Jason Oringer and Sarah Church, terms ending December 17, 2011,
 to the Sweatfree Procurement Advisory Group. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
 indicated:______________________________________________

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

 From the Board

 16. 100039 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent
 Controlled Units that are Subjected to Foreclosure]
 Sponsors: Avalos; Campos, Mirkarimi and Mar
 Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and
 Arbitration Ordinance" by amending Section 37.2 and adding new Section 37.9D to
 extend just cause eviction requirements and protections to tenants in units that are not
 now subject to eviction controls (e.g., most residential rental units with a certificate of
 occupancy issued after June 13, 1979), when those units are subjected to foreclosure;
 and by amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending
 Section 37A.1 to extend the City's current residential rental unit fee to these units;
 findings in support of the legislation; severability clause; technical corrections.
 01/12/2010; AMENDED. Duplicated, see File No. 090583.

 01/12/2010; CONTINUED AS AMENDED ON FIRST READING.

 02/09/2010; CONTINUED ON FIRST READING.

 02/23/2010; CONTINUED ON FIRST READING.

 03/02/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

 03/02/2010; CONTINUED AS AMENDED ON FIRST READING.

*Link to amended packet material* 03/09/2010; AMENDED.

 03/09/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendation of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

 17. 091344 [Redevelopment Agency Bond Authorization - $28,000,000]
 Sponsors: Mayor; Avalos
 Resolution approving the issuance by the Redevelopment Agency of Bonds in an
 additional principal amount not to exceed $28,000,000 to finance a portion of
 redevelopment activities described in the approved Budget as amended for
 FY2009-2010 of which additional tax increment will be needed in FY2010-2011 for such
 financing thereof.
 03/02/2010; CONTINUED.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 Recommendation of the Government Audit and Oversight Committee
 Present: Supervisors Mar, Chu, Maxwell

18. 100160 [Appropriating $400,000 of Revenues From the Little Hollywood Property
 Exchange to Fund Park and Open Space Planning in the City Planning
 Commission for FY2009-2010]
 Sponsor: Maxwell
 Ordinance appropriating $400,000 of revenues from the transfer of a 50-foot by 628-foot
 strip of Channel Street on the southwest side of 7th Street owned by the City and County
 of San Francisco, in exchange for 35,250 square feet of land at the southwest corner of
 Tocoloma and Lathrop Avenues owned by Norcal Waste Systems, Inc. for park and
 open space planning in the Showplace Square/Potrero Hill Plan Area of the Eastern
 Neighborhoods Program in the City Planning Commission, the Recreation and Park
 Department, and the Department of Public Works for FY2009-2010.
 03/09/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

 19. 091165 [Zoning - Parking Requirements and Garage Installation in Existing
 Residential Buildings in Telegraph Hill, North Beach and Chinatown]
 Sponsor: Chiu
 Ordinance amending the San Francisco Planning Code by amending Sections 714.94,
 722.94, 803.2, and Tables 810, 811 and 812 to require a conditional use to install a
 garage in an existing residential structure in the Broadway Neighborhood Commercial
 District (NCD), the North Beach NCD, and the Chinatown Mixed-Use Districts; adding
 Section 249.49 and amending Section SU01 of the Zoning Map to establish the
 Telegraph Hill - North Beach Residential Special Use District to include the
 residentially-zoned areas bounded by Bay Street to the North, Sansome Street and the
 Embarcadero to the East, Broadway to the South, and Columbus Avenue to the West,
 and require a conditional use to install a garage in an existing residential structure;
 amending Section 151 to reduce the minimum parking requirements in the Broadway
 and North Beach NCDs, the Telegraph Hill - North Beach Residential Special Use
 District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus
 Avenue between Washington and North Point Streets, Broadway from the Embarcadero
 on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use
 Districts to the list of streets where garage entries, driveways, or other vehicular access
 to off-street parking or loading are prohibited; amending Section 161 to require a
 conditional use to install a garage in an existing residential structure; amending the
 Public Works Code by amending Section 723.2 to prohibit the issuance of minor
 sidewalk encroachment permit that would facilitate the installation of parking in a
 residential structure; adopting findings, including 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.

 (Fiscal Impact.)
 02/09/2010; PASSED ON FIRST READING.

 02/23/2010; CONTINUED ON FINAL PASSAGE.

*Link to amended packet material* 03/09/2010; AMENDED.

 03/09/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 20. 091443 [Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and
 Sports Stadiums]
 Sponsors: Mar; Avalos
 Ordinance amending Articles 19F and 19I of the San Francisco Health Code by
 amending Sections 1009.20-1009.23, 1009.25, and 1009.81; adding Sections 1009.26,
 1009.27, and 1009.29-1009.32; and repealing Section 1009.24, to prohibit smoking in: 1)
 business establishments and bars regardless of whether owner-operated; 2) common
 areas of multi-unit housing complexes; 3) tourist lodging facilities; 4) tobacco shops; 5)
 charity bingo games; 6) unenclosed dining areas of restaurants; 7) service waiting areas;
 8) areas outside entrances, exits and operable windows and vents of all buildings except
 at the curb of the nearest street, sidewalk or alley; 9) farmers markets; and 10) vehicles
 owned by the City and County of San Francisco; establishing obligations for property
 owners and managers to prevent smoking in prohibited areas; adding administrative
 procedures and penalties; repealing criminal penalties; adding provisions for cost
 recovery and liens; and adding Administrative Code Section 10.100-193, to establish a
 new Public Health Environmental Health Code Compliance Fund.
 03/02/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

 03/02/2010; CONTINUED AS AMENDED ON FIRST READING.

*Link to amended packet material* 03/09/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

 03/09/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 NEW BUSINESS

 Recommendation of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

21. 100044 [Repealing Various Municipal Transportation Agency Special Funds;
 Appropriating $70,687.]
 Sponsor: Chiu
 Ordinance amending Chapter 8 and Chapter 10, Article XIII, of the Administrative Code
 by repealing sections 8.29 (Municipal Railway Video Production Fund), 10.100-155
 (Municipal Transportation Capital Reserve Fund), 10.100-157 (Municipal Transportation
 Improvement Fund), 10.100-159 (Municipal Transportation Information Fund),
 10.100-162 (Municipal Transportation Operators Lounge Facilities Fund), and
 10.100-164 (Municipal Transportation Para Transit Fund) and appropriating $70,687
 from the Municipal Transportation Information Fund to the Municipal Transportation
 Agency.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendation of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Elsbernd

22. 100098 [Establishment of the Rainbow Honor Walk]
 Sponsor: Dufty
 Resolution establishing the Rainbow Honor Walk on Castro Street between 19th Street
 and Market Street, on Market street between Castro Street and Octavia Street, on 19th
 Street between Diamond Street and Castro Street, on 18th Street between Collingwood
 Street and Hartford Street and initiating the process set forth in Public Works Code
 Sections 789 et seq. to provide for the creation of a program for and installation of
 commemorative plaques on the Rainbow Honor Walk.

 Question: Shall this Resolution be ADOPTED?

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

23. 100136 [Floodplain Management Program]
 Sponsor: Elsbernd
 Ordinance amending the floodplain management program established by Chapter 2A,
 Article XX, Sections 2A.280 - 2A.285 to the San Francisco Administrative Code;
 providing requirements for designating floodplains and for construction and development
 in floodplains.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 SPECIAL ORDER 3:30 P.M - Recognition of Commendations

 SPECIAL ORDER 4:00 P.M.
 APPEAL PROCEDURES
 Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. 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 4 pm. 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 4pm:

 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 4pm.
 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4pm.

24. 100151 [Public Hearing - Appeal of Determination of Exemption from Environmental
 Review for 2462 - 27th Avenue]
 Hearing of persons interested in or objecting to the decision of the Planning Department
 dated November 16, 2009, Case No. 2009.0797E, that a project located at 2462 - 27th
 Avenue is exempt from environmental review under the California Environmental Quality
 Act (CEQA) as a Class 1(e) categorical exemption. The proposal would add a third floor
 and rear extension to the existing family home located in an RH-1 (Residential, House,
 One-Family) District and a 40-X Height and Bulk District, in Assessor's Block No. 2399,
 Lot No. 026. (District 4) (Appellant: Stephen M. Williams on behalf of Sunset Parkside
 Education and Action Committee (SPEAK)).

 Action:___________________________

 Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
 court, the Categorical Exemption from Environmental Review described above, you may be limited to
 raising only those issues you or someone else raised at the public hearing described in this notice, or
 in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.

 (Only one of the following two motions should be approved.)

25. 100152 [Affirming the Determination of Exemption Issued for 2462–27th Avenue]
 Motion adopting findings related to affirming the determination by the Planning
 Department that the project located at 2462-27th Avenue is exempt from environmental
 review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

26. 100153 [Reversing the Determination of Exemption Issued for the 2462–27th Avenue
 Project]
 Motion reversing the determination by the Planning Department that the project located
 at 2462-27th Avenue is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

27. 100154 [Preparation of Findings Related to the Determination of Exemption Issued for
 2462–27th Avenue Project]
 Motion directing the Clerk of the Board to prepare findings related to the appeal of
 determination of exemption by the Planning Department that the project located at
 2462-27th Avenue is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 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.

 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, March 16, 2010

 CLOSED SESSION

 CONFERENCE WITH LABOR NEGOTIATORS
 (Pending approval of File No. 100283.)

28. 100284 [Closed Session - Update on Labor Negotiations Concerning City Workers
 from the Mayor's Office and the Department of Human Resources]
 Sponsor: Chiu
 Motion that the Board of Supervisors convene in closed session on March 16, 2010, with
 the Mayor's Office and the Department of Human Resources concerning negotiations
 with labor unions representing City workers.

 This closed session is permitted by Government Code Section 54957.6 and San
 Francisco Administrative Code Section 67.10(e).

 Question: Shall this Motion be APPROVED?

 [Elect To Disclose]
 Motion that the Board finds it is in the public interest to disclose information discussed in closed
 session, and directs the President immediately to disclose that information.

 [Elect Not to Disclose]
 Motion that the Board finds that it is in the best interest of the public that the Board elect at this time
 not to disclose its closed session deliberations.

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 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.

 Items 29 through 38

29. 100283 [Closed Session - Update on Labor Negotiations Concerning City Workers
 from the Mayor's Office and the Department of Human Resources]
 Sponsor: Chiu
 Motion that the Board of Supervisors convene in closed session on March 16, 2010, with
 the Mayor's Office and the Department of Human Resources concerning negotiations
 with labor unions representing City workers.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

30. 100274 [Commemorating the 75th Anniversary of the Works Progress Administration]
 Sponsors: Mar; Avalos
 Resolution commemorating the 75th anniversary of the Works Progress Administration
 on April 10, 2010.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

31. 100275 [Supporting Senate Bill 220 for Health Insurance Coverage and Smoking
 Cessation]
 Sponsor: Mar
 Resolution Supporting Senate Bill 220 for Health Insurance Coverage and Smoking
 Cessation.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 100276 [Saluting the Alice Fong Yu Chinese Immersion Alternative School Exchange
 Program]
 Sponsor: Mar
 Resolution Saluting the Exchange Program between the Experimental High School
 Attached to Beijing Normal University and the Alice Fong Yu Chinese Immersion
 Alternative School in San Francisco.
 03/09/2010; 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, March 16, 2010

33. 100278 [Supporting California Senate Bill 1225 Regarding Child Care Facilities]
 Sponsors: Avalos; Dufty
 Resolution supporting Senate Bill 1225 which would extend until 2016 the subsidy
 program that allows San Francisco child care facilities to serve children from low-income
 families.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

34. 100279 [Accept and Expend Gift – Recreation and Park Department – $15,000]
 Sponsor: Chu
 Resolution authorizing the San Francisco Recreation and Park Department to
 retroactively accept and expend a gift in the amount of $15,000 to cover the staff
 overtime cost associated with the August 4th and 5th 2009 Maccabi Games volunteer
 event.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

35. 100280 [Urging the Governor of California to Approve the Transit Assistance Funding
 Package]
 Sponsors: Mayor; Chiu, Dufty, Avalos, Elsbernd, Mirkarimi, Mar, Maxwell, Campos
 and Chu
 Resolution urging the Governor of California to sign the transit assistance funding
 package as approved by the California State Legislature on March 4, 2010.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

36. 100281 [Declaring March 23, 2010, as Gordon Park Li Day]
 Sponsor: Dufty
 Resolution congratulating Mr. Gordon Park Li, on his outstanding career and thanking
 him for his exceptional service to the City of County of San Francisco over the past 37
 years and declaring March 23, 2010, as Gordon Park Li Day in the City and County of
 San Francisco.
 03/09/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

37. 100282 [Initiative Constitutional Amendment - Opposing Proposition 16, the "New
 Two-Thirds Vote Requirement for Local Public Electricity Providers"]
 Sponsor: Mirkarimi
 Resolution opposing Proposition 16, an Initiative Constitutional Amendment, the "New
 Two-Thirds Vote Requirement for Local Public Electricity Providers".
 03/09/2010; 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, March 16, 2010

38. 100258 [Final Map 5649: 445 – 701 Wawona Street]
 Motion approving Final Map 5649, a Three Lot Subdivision Project, located at 445 - 701
 Wawona Street being a subdivision of Lot 093 in Assessors Block No. 2540 and adopting
 findings pursuant to the General Plan and City Planning Code Section 101.1.
 03/05/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

39. 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.

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED RESOLUTIONS
 Proposed resolutions received from March 2, 2010, to March 8, 2010, for reference by
 President to appropriate committee on March 16, 2010.

 100298 [Freeway Maintenance Agreement for the Interchange at Highway 101 and 280]
 Resolution approving a Freeway Maintenance Agreement with the State of California
 apportioning maintenance responsibilities for the Interchange at Highway 101 and 280
 and authorizing the Director of Public Works to execute said Agreement on behalf of the
 City. (Public Works Department)
 03/01/2010; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.

 100299 [Freeway Maintenance Agreement for the Bay Bridge Anchorage Security
 Measures]
 Resolution approving a Freeway Maintenance Agreement with the State of California
 apportioning maintenance responsibilities for the San Francisco-Oakland Bay Bridge
 Beale Street anchorage security measures and authorizing the Director of Public Works
 to execute said Agreement on behalf of the City. (Public Works Department)
 03/01/2010; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.

 100301 [Approve Limit on Indemnification Liability of Prospective Consultant]
 Resolution approving proposed limit on indemnification liability of prospective
 construction management consultant for the proposed Calaveras Dam Replacement
 Project, pursuant to Administrative Code Section 6.42(C). (Public Utilities Commission)
 03/08/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 100300 [Petitions and Communications]
 Petitions and Communications received from March 2, 2010, through March 8, 2010, for
 reference by the President to Committee considering related matters or to be ordered
 filed by the Clerk on March 16, 2010.

 From Office of the Mayor, submitting notice that Mayor Newsom will be out of state from
 March 5, 2010, through March 7, 2010. Supervisor Sean Elsbernd will serve as Acting
 Mayor. (1)

 From Susan White, submitting support for proposed smoking provision exempting “semi
 enclosed” smoking rooms. File No. 091443 (2)

 From Office of the Controller, submitting an annual report on impact fees for the Market
 and Octavia Community Improvement Fund for FY2008-2009. (3)

 From concerned citizens, urging opposition to public power in San Francisco. 33 letters
 (4)

 From concerned citizens, submitting support for public power in San Francisco. 4 letters
 (5)

 From Dick Morten, regarding the Community Choice Aggregation Program. (6)

 From Office of the Controller, submitting the Controller’s proposed financial policies. (7)

 From Office of the Controller, submitting the Street and Sidewalk Maintenance report for
 the first half of FY2009-2010. (8)

 From Office of the Controller, submitting the results of the follow-up review for an audit of
 the Sheriff’s Inmate Welfare Fund. Copy: Each Supervisor (9)

 From Marilyn Amini, regarding proposed amendment to pending Discretionary Review
 Reform Legislation. File No. 091020, Copy: Each Supervisor (10)

 From Capital Planning Committee, regarding the proposed Capital Plan for
 FY2011-2020. (11)

 From Citizen’s General Obligation Bond Oversight Committee, submitting the 2009
 annual report of the Citizen’s General Obligation Bond Oversight Committee. (12)

 From SF Labor Council, concerning proposed Charter Amendment sponsored by
 Supervisors Mar and Campos regarding reducing employer retirement benefit costs. File
 No. 100156, Copy: Each Supervisor 13)

 From SF Labor Council, submitting support for proposed Charter Amendment sponsored
 by Supervisors Mar/Campos regarding reducing employer retirement benefit costs. File
 No. 100156 (14)

 From Clerk of the Board, submitting Form 700 Statement of Economic Interests for
 Hillary Ronen, Legislative Aide to Supervisor Campos, assuming. (15)

 From Barbara Austin, urging the Board of Supervisors to return proposed legislation
 regarding Mandatory Discretionary Review to the Planning Commission for rewrite and
 review. File No. 091038, Copy: Land Use Committee Members and Clerk (16)

 From Channing Moore, regarding the recent raids by ABC at several San Francisco bars.
 (17)

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 From T-Mobile, submitting notification letter for a cellular site at 10 Bernal Heights
 Boulevard. (18)

 From State Public Utilities Commission, submitting notification that PG&E has filed an
 application for expedited authorization to provide summer 2010 rate relief for households
 with upper tier consumption. Copy: Each Supervisor (19)

 From Peter Pierson, regarding proposed changes to the Nob Hill Masonic Auditorium.
 (20)

 From Sandy Weil, regarding spraying pesticides over San Francisco as proposed by the
 State of California. 2 letters (21)

 From concerned citizens, submitting support for proposed legislation concerning the
 Sit/Lie law. 2 letters (22)

 From Ahimsa Sumchai, commenting that the San Francisco Fire Department has
 achieved a ten minute response time for all ten districts across the city for
 non-emergency calls. (23)

 From Rael & Letson, regarding the final two-year average pension proposal and
 long-term salary growth assumption. Copy: Each Supervisor (24)

 From Susanna Chau, urging the Board of Supervisors to help San Francisco win the bid
 for Google Fiber for Communities. (25)

 From David Guldmann, regarding the homeless men sleeping on Stevenson Street. (26)

 From James Corrigan, regarding the San Francisco Fire Department. 2 letters (27)

 From Julianna Agardi, requesting Care Not Cash and the Residential Hotel Unit
 Demolition and Rehabilitation Ordinance be repealed. (28)

 From Eric Von Berg, regarding proposed legislation on Seismic Strengthening of
 Soft-Story, Wood-Frame Buildings. File No. 091113 (29)

 From Arthur Evans, regarding the public hearing on the Sit/Lie law. (30)

 From Department of Public Health, submitting the quarterly AIDS Surveillance Report for
 AIDS cases reported as of December 31, 2009. (31)

 From Verizon Wireless, submitting notification letter for a cellular site at 1050 Sansome
 Street. (32)

 From Municipal Transportation Agency, regarding the budget deficit and fare changes.
 Copy: Each Supervisor (33)

 From James Miller, regarding smoking laws in San Francisco. (34)

 From Rich Olen, submitting support for Police Chief Gascon. (35)

 From George Wooding, submitting a letter from the West of Twin Peaks Central Council
 regarding Discretionary Review. File No. 091020 (36)

 From Rachael Kagan, submitting the current issue of Straight Up, the neighborhood
 newsletter about the San Francisco General Hospital rebuild project. (37)

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Board of Supervisors Meeting Agenda Tuesday, March 16, 2010

 From Jason Barton, regarding proposed rent legislation. (38)

 From Office of the Chief Administrator, submitting the proposed Capital Plan for
 FY2011-2020. Copy: Each Supervisor (39)

 From U.S. Fish and Wildlife Service, submitting the Final Comprehensive Conservation
 Plan for the Farallon National Wildlife Refuge. (40)

 ADJOURNMENT

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