# Board of Supervisors Agenda: April 13, 2010

- Meeting date: 2010-04-13
- Document type: agenda
- Source format: PDF
- Extracted pages: 20
- [Canonical HTML transcript](https://sfbos.info/documents/1989/2010-04-13-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG041310.pdf)

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

## Extracted text

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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, April 13, 2010 - 2:00 PM

 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, Maxwell, Campos 1:30 PM

 Budget and Finance Sub-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 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 on the Friday preceding a regularly scheduled Board meeting.

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the March 16, 2010, 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.

 Items 1 through 10

 Recommendations of the Budget and Finance Sub-Committee
 Present: Supervisors Avalos, Elsbernd

1. 100147 [2010 Annual Fundraising Drive]
 Resolution designating those agencies qualified to participate in the 2010 Annual Joint
 Fundraising Drive for officers and employees of the City and County of San Francisco.

 Question: Shall this Resolution be ADOPTED?

 Present: Supervisors Avalos, Mirkarimi, Elsbernd

2. 100325 [Approving Sixth Modification to Water Supply Contract]
 Resolution approving a sixth modification to the water supply contract (Contract No.
 EY-76-C-03-0269), between the City and County of San Francisco and the Department
 of Energy, pursuant to Charter Section 9.118. (Public Utilities Commission)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

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

3. 091453 [Planning Code Amendment – Green Landscaping Ordinance]
 Sponsors: Mayor; Chu, Dufty, Mar and Maxwell
 Ordinance amending various sections of the Planning Code to address screening,
 greening, street tree, and permeability requirements; creating definitions for “vehicle use
 area,” “ornamental fencing,” and “permeable surface;” amending the Public Works Code
 Sections 805, 806 and 807 to create requirements for the establishment of new street
 trees, replacement of dead street trees, and removal of street trees and adding Section
 802.1 to define climate appropriate standards for plantings in the public right-of-way; and
 adopting findings, including environmental findings, Section 302 findings, and findings of
 consistency with the General Plan and the Priority Policies of Planning Code Section
 101.1.
 04/06/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 091476 [Zoning Map Amendments - Market and Octavia Area Plan Historic Resource
 Survey Integration]
 Ordinance amending the Zoning Map Sheets 7 and 7H of the City and County of San
 Francisco Planning Code to amend certain height and bulk districts within the Market and
 Octavia Area Plan to increase, decrease, or retain the heights of certain parcels,
 consistent with the findings of the Market and Octavia Area Plan Historic Resources
 Survey, specifically increasing or decreasing heights on some parcels in the Upper
 Market Street Historic District (an area generally described as Market Street between
 Church and Noe Streets) and decreasing heights on two parcels at the corner of
 Guerrero and Duboce Streets (also known as Assessors block and lot numbers 3501004
 and 3501003); and adopting environmental findings and findings of consistency with the
 General Plan and the eight priority policies of Planning Code Section 101.1. (Planning
 Department)
 04/06/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

5. 100093 [Housing Code – Residential Hotel Notice Posting Requirement]
 Sponsors: Campos; Chiu and Maxwell
 Ordinance amending the San Francisco Housing Code by amending Section 1002 to add
 subsection (f) requiring residential hotel owners/operators to post a notice advising hotel
 occupants that they may telephone the City's Customer Service Center at 311 to report
 alleged violations of the Housing Code; adopting findings, including environmental
 findings.
 04/06/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

6. 100102 [Requiring the Development and Maintenance of Stormwater Management
 Controls]
 Sponsors: Mayor; Maxwell, Mar, Chiu and Dufty
 Ordinance amending the San Francisco Public Works Code by repealing Article 4.2,
 Sections 140 - 149.4, and adding Article 4.2, Sections 147 - 147.6, requiring the
 development and maintenance of stormwater management controls for specified
 activities that disturb 5,000 square feet or more of the ground surface, and are subject to
 building, planning and subdivision approvals.
 04/06/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

7. 100265 [Urging the Treasury Oversight Committee to Ratify Socially Responsible
 Investment Goals in the City's Investment Policy to Encourage Investments
 Related to Foreclosure Mitigation]
 Sponsors: Chiu; Mar and Maxwell
 Resolution urging the Treasury Oversight Committee to ratify socially responsible
 investment goals in the City's Investment Policy to encourage investments related to
 foreclosure mitigation.

 Question: Shall this Resolution be ADOPTED?

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Mar

8. 100392 [Appointments, Eastern Neighborhoods Citizens Advisory Committee - Toby
 Levy and Henry Karnilowitz]
 Motion appointing Toby Levy and Henry Karnilowitz, terms to be determined, to the
 Eastern Neighborhoods Citizens Advisory Committee. (Clerk of the Board)

 Toby Levy, seat 10, new appointment, must be appointed by the Western SoMa Planning
 Area Task Force and confirmed by the full Board, for a term to be determined.
 Henry Karnilowitz, seat 11, new appointment, must be appointed by the Western SoMa
 Planning Area Task Force and confirmed by the full Board, for a term to be determined.

 Question: Shall this Motion be APPROVED?

9. 100393 [Appointment, Market and Octavia Community Advisory Committee - Marius
 Starkey]
 Motion appointing Marius Starkey, term ending December 16, 2010, to the Market and
 Octavia Community Advisory Committee. (Clerk of the Board)

 Marius Starkey, seat 1, succeeding Julian Davis, resigned, must be a resident renter and
 live or work within the Plan area, for the unexpired portion of a two-year term ending
 December 16, 2010.

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

10. 100394 [Appointment, Local Homeless Coordinating Board - Erick Brown]
 Motion appointing Erick Brown, term ending October 21, 2010, to the Local Homeless
 Coordinating Board. (Clerk of the Board)

 Erick Brown, seat 4, succeeding Ginger Martin, resigned, must be a representative of
 homeless or formerly homeless, community and advocacy organizations,
 service-provider agencies, business and corporate sectors or the foundation community,
 for the unexpired portion of a five-year term ending October 21, 2010.

 Question: Shall this Motion be APPROVED?

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

 REGULAR AGENDA

 NEW BUSINESS

 Recommendations of the Budget and Finance Sub-Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

11. 100337 [Appropriating $1,647,249,198 of Proceeds from Debt for the Water System
 Improvement Program at the Public Utilities Commission for FY2010-2011
 through FY2015-2016]
 Sponsor: Mayor
 Ordinance appropriating $1,647,249,198 of proceeds from debt for the San Francisco
 Public Utilities Commission (SFPUC) Water System Improvement Program (WSIP) for
 FY2010-2011 through FY2015-2016, and placing the entire appropriation of
 $1,647,249,198 by project on Controller’s reserve subject to SFPUC's and Board of
 Supervisors' discretionary approval following completion of project-related analysis
 pursuant to the California Environmental Quality Act (CEQA), where required, and receipt
 of proceeds of indebtedness, placing on Budget and Finance Committee reserve the
 funds for construction costs of any project with costs in excess of $100,000,000 and
 $116,863,924 related to funding for project construction starting after June 30, 2012, and
 adopting environmental findings.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

12. 100341 [Water Revenue Bond Issuance - Not to Exceed $1,737,724,038]
 Sponsor: Mayor
 Ordinance approving the issuance and sale of water revenue bonds by the San
 Francisco Public Utilities Commission to finance various projects under the Water
 System Improvement Program and the Capital Improvement Program, including but not
 limited to the Commission's Advanced Meter Infrastructure System, pursuant to
 amendments to the Charter of the City and County of San Francisco enacted by the
 voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in
 connection therewith.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 100400 [Waiver of Temporary Street Space Occupancy Fee on May 15, 2010, for Small
 Business Week Sidewalk Sale]
 Sponsors: Mirkarimi; Chiu and Chu
 Ordinance waiving the fee in Public Works Code Section 724.1(b) for temporary street
 space occupancy in certain sections of the City on Saturday, May 15, 2010, as part of
 Small Business Week.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Present: Supervisors Avalos, Elsbernd

14. 100331 [Approving Central Subway Final Design Contract Package - Not to Exceed
 $32,294,319]
 Sponsor: Chu
 Resolution approving Municipal Transportation Agency Contract No. CS-155-3,
 Professional Architectural and Engineering Services for the Final Design and
 Construction Support of the Central Subway Project - Design Package No. 3 Systems
 Design for the Central Subway Project with HNTB - B&C JV, a joint venture of HNTB
 Corporation and B&C Transit, Inc. for an amount not to exceed $32,294,319 for a term
 not to exceed ten years with an option to extend the term an additional two years.

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 From Budget and Finance Sub-Committee Without Recommendation
 Present: Supervisors Avalos, Elsbernd

15. 100373 [Authorizing Expenditures from South of Market Community Stabilization
 Fund - $1,844,273]
 Sponsor: Daly
 Resolution approving the 2010 South of Market Community Stabilization Fund Program
 and authorizing the Mayor’s Office of Housing to expend South of Market Community
 Stabilization Fund dollars in the amount of $1,844,273.

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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

16. 100248 [Creation of General Reserve and Budget Stabilization Reserve]
 Sponsors: Chiu; Mayor
 Ordinance amending the San Francisco Administrative Code by adding Section 10.60, to
 adopt a binding financial policy under Charter Section 9.120 creating a General Reserve
 and a Budget Stabilization Reserve and providing rules for deposits to and withdrawals
 from such funds. (Controller)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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

17. 091271 [Zoning – Street Frontages for Most Use Districts]
 Sponsors: Mirkarimi; Mar
 Ordinance amending the San Francisco Planning Code by amending Sections 145.1,
 201, 243, 261.1, and 270.2 to create a comprehensive and consistent set of street
 frontage controls for most use districts that allow a mix of uses; adopting findings,
 including environmental findings, Section 302 findings, and findings of consistency with
 the General Plan and the Priority Policies of Planning Code Section 101.1.
 03/23/2010; SUBSTITUTED.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

18. 100008 [Permit and License Fee Elimination]
 Sponsor: Chiu
 Ordinance amending San Francisco Business and Tax Regulations Code Sections 248
 and 249.1, amending San Francisco Police Code Sections 2.26 and 2.27, and repealing
 San Francisco Police Code Section 2.28, all to eliminate certain permit and license fees
 and revenue fees, while retaining any underlying permitting, licensing, and other
 substantive regulatory requirements.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendation of the Public Safety Committee
 Present: Supervisors Chiu, Dufty

19. 100268 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and
 Amend Annual Salary Ordinance FY2009-2010 - $729,932]
 Sponsor: Mayor
 Ordinance authorizing the Department of Children, Youth & Their Families to
 retroactively accept and expend grant funding in the amount of $729,932 from the
 Federal Department of Justice, Office of Justice Programs for implementation of criminal
 justice programs; and amending the Annual Salary Ordinance No. 183-09 for
 FY2009-2010 to reflect the addition of one Class 1822 grant-funded position (0.50 FTE)
 at the Department of Children, Youth & Their Families and one Class 2910 grant-funded
 position (0.50 FTE) at the Public Defender’s Office.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendation of the Rules Committee
 Present: Supervisors Campos, Mar

20. 100204 [Americans with Disabilities Act - Reasonable Modification Policy]
 Sponsors: Alioto-Pier; Mar and Campos
 Ordinance adding Administrative Code Section 2A.22.3 to adopt a Citywide Americans
 with Disabilities Act Reasonable Modification Policy that requires City departments to: (1)
 provide notice to the public of the right to request reasonable modification; (2) respond
 promptly to such requests; (3) provide appropriate auxiliary aids and services to people
 with disabilities to ensure effective communication; and (4) train staff to respond to
 requests from the public for reasonable modification, and that requires the Mayor's Office
 on Disability to provide technical assistance to City departments responding to requests
 from the public for reasonable modifications.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 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.

21. 100252 [Public Hearing - Appeal of Determination of Exemption from Environmental
 Review for 100 - 32nd Avenue]
 Hearing of persons interested in or objecting to the decision of the Planning Department
 dated May 19, 2009, Case No. 2007.0129E, that a project located at 100 - 32nd Avenue
 is exempt from environmental review under Categorical Exemption, Class 1 (State CEQA
 Guidelines Section 15301(e)(1)). The proposal would add a three-story side horizontal
 addition and would enlarge the existing partial fourth floor at the existing four-story,
 single-family residence located in an RH-1(D) (Residential, House, Single-Family,
 Detached) District and a 40-X Height and Bulk District, in Assessor’s Block No. 1312, Lot
 No. 008. (District 2) (Appellant: Stephen M. Williams on behalf of Sanford Garfinkel,
 other neighbors, and the Lincoln Park Neighborhood Association) (Clerk of the Board)

 (Filed March 1, 2010; Companion Measure to File Nos. 100253, 100254, 100255.)

 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.)

22. 100253 [Affirming the Exemption Determination for 100 – 32nd Avenue]
 Motion affirming the determination by the Planning Department that the project located at
 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

23. 100254 [Reversing the Exemption Determination Issued for 100 – 32nd Avenue]
 Motion reversing the determination by the Planning Department that the 100 - 32nd
 Avenue project is exempt from environmental review.

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

24. 100255 [Preparation of Findings Related to the Exemption Determination for the 100 –
 32nd Avenue Project]
 Motion directing the Clerk of the Board to prepare findings related to the appeal of the
 exemption determination by the Planning Department that the project located at 100 -
 32nd Avenue is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 SPECIAL ORDER 4:00 P.M.

25. 100288 [Public Hearing - Appeal of Determination of Statutory Exemption from
 Environmental Review for San Francisco Municipal Transportation Agency
 Transit Service Reductions and Related Fiscal Emergency]
 Hearing of persons interested in or objecting to the decision of the Planning
 Department’s determination dated February 4, 2010, Case No. 2010.0060E, that the San
 Francisco Municipal Transportation Agency transit service reductions and related fiscal
 emergency are statutorily exempt from environmental review as provided in California
 Public Resources Code Section 21080.32 and California Environmental Quality Act
 (CEQA) Guidelines Section 15285. (Appellant: David Pilpel)

 (Filed March 2, 2010; Companion Measure to File Nos. 100289, 100290, 100291.)

 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.)

26. 100289 [Affirming the Statutory Exemption Determination for the San Francisco
 Municipal Transportation Agency Fiscal Emergency]
 Motion affirming the determination by the Planning Department that the San Francisco
 Municipal Transportation Agency decision to implement service reductions is statutorily
 exempt from environmental review.

 Question: Shall this Motion be APPROVED?

27. 100290 [Reversing the Statutory Exemption Determination for the San Francisco
 Municipal Transportation Agency Service Reductions]
 Motion reversing the determination by the Planning Department that the San Francisco
 Municipal Transportation Agency decision to implement service reductions is statutorily
 exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

28. 100291 [Preparation of Findings Related to the Exemption Determination for the San
 Francisco Municipal Transportation Agency Service Reductions]
 Motion directing the Clerk of the Board to prepare findings related to the appeal of the
 exemption determination by the Planning Department that the San Francisco Municipal
 Transportation Agency decision to implement service reductions 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.

 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 33

29. 100459 [Supporting Senate Bill 1140 Regarding Allowing Voters to Register and Vote
 Up to and Including Election Day]
 Sponsor: Campos
 Resolution supporting Senate Bill 1140 to delete the arbitrary timelines which prevent
 eligible citizens from voting in elections by allowing voters to register and vote up to and
 including election day.
 04/06/2010; 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, April 13, 2010

30. 100460 [Urging the California Department of Corrections and Rehabilitations to
 Implement Guidelines to Ensure Voting Access for Eligible Offenders]
 Sponsor: Mirkarimi
 Resolution urging the California Department of Corrections and Rehabilitation’s
 Corrections Standard Authority to adopt specific guidelines for County Sheriff's and
 Department of Corrections, in order to facilitate voting among eligible incarcerated
 individuals.
 04/06/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

31. 100461 [Commending the Golden Gate Yacht Club and BMW ORACLE Racing Team
 on Winning the 33rd America’s Cup and Urging the City to Host the 34th
 America’s Cup]
 Sponsors: Mirkarimi; Dufty, Maxwell and Chiu
 Resolution commending San Francisco’s Golden Gate Yacht Club and BMW ORACLE
 Racing team, directing the Clerk of the Board to send a congratulatory letter regarding
 their significant achievement of winning the 33rd America’s Cup, and urging the City to
 work diligently on a plan for a San Francisco waterfront venue to host the 34th America’s
 Cup.
 04/06/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 100462 [Regulations to Ensure that Reusable Bags are Suitably Durable and Do Not
 Contribute to the Landfill Waste Stream]
 Sponsor: Mirkarimi
 Resolution requesting the Director of Department of Environment, under the authority of
 Section 1704, of Chapter 17, of the San Francisco Municipal Environment Code, to
 promulgate new, or amend existing, regulations to ensure that reusable bags are suitably
 durable and do not contribute to the landfill waste stream.
 04/06/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

33. 100464 [Supporting Assembly Bill 2511 Regarding Limiting Annual Percentage Rate
 of Payday Loans]
 Sponsors: Chiu; Campos
 Resolution supporting Assembly Bill 2511 regarding limiting the annual percentage rate
 of payday loans to customers receiving unemployment benefits.
 04/06/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

34. 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

 PROPOSED ORDINANCES

 100421 [Settlement of Lawsuit - John Hartnett - $30,000]
 Ordinance authorizing settlement of the lawsuit filed by John Hartnett against the City
 and County of San Francisco for $30,000; the lawsuit was filed on March 13, 2009, in
 San Francisco Superior Court, Case No. CGC-09-486142; entitled John Hartnett v. City
 and County of San Francisco et al. (City Attorney)
 04/13/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 100438 [Settlement of Lawsuit - Michelle Cody - $105,000]
 Ordinance authorizing settlement of the lawsuit filed by Michelle Cody against the City
 and County of San Francisco for $105,000; the lawsuit was filed on May 27, 2008, in San
 Francisco Superior Court, Case No. CGC-08-475697; entitled Michelle Cody v. City and
 County of San Francisco, et al. (City Attorney)
 04/13/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 PROPOSED RESOLUTIONS

 100419 [Airport Concession Lease with Wells Fargo Bank, N.A.]
 Resolution approving the Domestic Terminals Automated Teller Machines Lease "A,"
 between Wells Fargo Bank, N.A., and the City and County of San Francisco, acting by
 and through its Airport Commission. (Airport Commission)
 04/13/2010; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.

 100420 [Airport Concession Lease with JPMorgan Chase Bank, N.A.]
 Resolution approving the Domestic Terminals Automated Teller Machines Lease "B,"
 between JPMorgan Chase Bank, N.A., and the City and County of San Francisco, acting
 by and through its Airport Commission. (Airport Commission)
 04/13/2010; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.

 100439 [Settlement of Claim - Karin Novotna - $125,000]
 Resolution approving the settlement of the unlitigated claim filed by Karin Novotna
 against the City and County of San Francisco for $125,000; claim was filed on November
 19, 2009. (City Attorney)
 04/13/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 100440 [Settlement of Claim - Pacific Gas and Electric Company - $97,957.70]
 Resolution approving the settlement of the unlitigated claim filed by the City and County
 of San Francisco against Pacific Gas and Electric Company for $97,957.70; claim was
 filed on February 1, 2010. (City Attorney)
 04/13/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 100441 [Approval of FY2010-2011 Expenditure Plan for the Human Services Care
 Fund]
 Resolution approving the FY2010-2011 Expenditure Plan for the Human Services Care
 Fund. (Human Services Department)
 04/13/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 100442 [Contract Approval with Global Tel*Link for Inmate Telephone Services]
 Resolution approving a contract for operating the Sheriff's Inmate Telephone Services,
 between Global Tel*Link and the City and County of San Francisco, acting by and
 through the Sheriff's Department. (Sheriff)
 04/13/2010; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 100465 [Petitions and Communications]
 Petitions and Communications received from March 30, 2010, through April 5, 2010, for
 reference by the President to Committee considering related matters, or to be ordered
 filed by the Clerk on April 13, 2010.

 From Planning Department, submitting a copy of Public Notice regarding availability of
 Draft Environmental Impact Report for San Francisco Public Utilities Commission’s Harry
 Tracy Water Treatment Plant Long-Term Improvements Project, Planning Case No.
 2007.1202E, State Clearinghouse No. 2008052106. (1)

 From Board President David Chiu, submitting Waiver of 30-Day Rule for proposed
 ordinance creating a General Reserve and Budget Stabilization Reserve. File No.
 100248, copies: Each Supervisor and Budget & Finance Committee Clerk. (2)

 From Office of the Mayor, submitting the appointment of Diane B. Wilsey to the War
 Memorial Board of Trustees, term ending January 2, 2013. (3)

 From Office of the Mayor, submitting the appointments of Jewelle L. Gomez and Michael
 Breyer to the Library Commission, terms ending January 15, 2014. (4)

 From Office of the Controller-City Services Auditor, submitting Airport Commission Cash
 Handling Audit of Ground Transportation Unit. Copies: Each Supervisor (5)

 From State of California Fish and Game Commission, submitting a copy of the notice of
 final consideration on the petition to list the Pacific Fisher as an endangered or
 threatened species. (6)

 From Department of Public Works, submitting Quarterly Report of Defective Sidewalk
 Repair Revolving Account. Copies: Each Supervisor (7)

 From Department of Public Works, submitting Quarterly Report of the Adopt-A-Tree
 Account for period October 1, 2009, through December 31, 2009. Copies: Each
 Supervisor (8)

 From San Francisco Library Commission, Submitting a copy of Resolution No. 2010-01
 approving the solicitation of Integrated Project Delivery proposal for the construction of
 the new Bayview Branch Library. Copies: Each Supervisor (9)

 From Airport Director, submitting a status report on the use of the workforce
 development funds that the Board released to the Airport in December 2009. (10)

 From Fatima Trigoso, submitting support for the appointment of Commissioner Richard
 Ventura to the Small Business Commission. File No. 100305, Copies: Each Supervisor.
 (11)

 From Stan Feinsod, submitting opposition to re-naming Third Street to “Willie Brown
 Boulevard” in San Francisco. (12)

 From San Francisco Ocean Edge, submitting a copy of Bulletin No. 1, Bulletin No. 3,
 Bulletin No. 4, and Bulletin No. 5 regarding the proposed Beach Chalet Soccer Field
 Renovation. File No. 100053, Copies: City Operations and Neighborhood Services
 Committee Members and Committee Clerk. (13)

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 From Clerk of the Board, the following individuals have submitted a Form 700 Statement
 of Economic Interest: (14)
 Vallie Brown - Annual
 Victor Lim - Annual
 Catherine Stefani - Annual
 Angela Calvillo - Annual
 Kay Gulbengay - Annual
 Jon Lau - Annual
 David Noyola - Annual
 Sue Cauthen - Annual
 Scott Spertzel - Annual
 Louisa Mendoza - Annual
 Mervin Conlan - Annual
 John McGarry - Annual
 Richard Lee - Annual
 Gregory Blaine - Annual
 Margaret Ruxton - Annual
 Diane Robinson - Annual
 Alfredo Perez - Annual
 Lawrence Lee - Annual
 Jeffrey Morris - Annual
 Arthur Tom - Annual
 Donna Crowder - Annual
 Joseph Tham - Annual
 Supervisor Ross Mirkarimi - Annual
 Suzanne Manneh - Annual
 Jill Jay - Assuming
 Camelin Blackstone - Annual
 Sheila Chung-Hagen - Annual
 Rick Galbreath - Annual
 Alice Guidry - Annual
 Boe Hayward - Annual
 Raquel Redondiez - Annual
 Olivia Scanlon - Annual
 Nancy Miller - Annual
 Supervisor John Avalos - Annual
 Supervisor David Chiu - Annual
 Jennifer Gore - Annual
 Daniel Calvert - Annual
 Madeleine Miller - Annual
 Supervisor Alioto-Pier - Annual
 Supervisor Bevan Dufty - Annual
 Supervisor David Campos - Annual
 Erica Cravens-Green - Annual
 James Knoebber - Annual
 Richard Knee - Annual
 Doyle Johnson - Annual
 Allyson Washburn - Annual
 Jeremy Pollock - Annual
 Madeleine Licavoli - Annual
 Alexander Randolph - Assuming
 Hope Schmeltzer - Annual
 Nicholas Goldman - Annual
 Michael Bornstein - Annual

 From Office of the Controller City Services Auditor, submitting link to the February 2010
 Government Barometer Report. (15)

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 From Department of Toxic Substances Control, submitting notice to all Regulations List
 Subscribers that they will be purging all out-dated addresses and are in the process of
 converting from paper mailings to e-mail delivery. (16)

 From Francisco Da Costa, regarding the San Francisco Police Commission meeting at
 Grace Lutheran Church in the Portola District. (17)

 From concerned citizen, submitting opposition to a marijuana dispensary that will be
 opening in the Sunset District. (18)

 From Aaron Goodman, submitting support for proposed ordinance that will amend the
 Planning Code regarding Green Landscaping and supporting the proposed resolution
 urging the Treasury Oversight Committee to ratify socially responsible investment goals
 in the City’s investment policy to encourage investments related to foreclosure mitigation.
 File No’s. 091453 & 100265.
 Submitting opposition to the proposed ordinance that will amend the Building Code
 regarding development fee collection procedure. File No. 091251. (19)

 From Controller’s Office, submitting link to Three-Year Budget Projection for General
 Fund Supported Operations FY2010-2011 through FY2012-2013 Joint Report. (20)

 From Bohdar Herman, submitting opposition to The Community Choice Aggregation
 Program. (21)

 From Department of Public Health, submitting Hazardous Waste Release Disclosure
 Form. (22)

 From Department of Aging and Adult Services, submitting a flyer soliciting candidates for
 the California Senior Legislature. (23)

 From Emil Lawrence, regarding the unauthorized removal of Taxi driver documents by
 San Francisco Airport Employee. (24)

 From Emil Lawrence, submitting a copy of letter to Henry Thompson, Assistant Deputy,
 Airport Director, regarding increased Taxi fees for entering San Francisco International
 Airport. (25)

 From Department of Public Works, submitting response to Supervisor Mirkarimi’s inquiry
 No. 20100330-006. (26)

 From concerned citizens, submitting opposition to the Department of Recreation and
 Parks’ plan to introduce a Public Market at Justin Herman Plaza. 6 Letters. (27)

 From concerned citizens, submitting opposition to the Municipal Transportation Agency’s
 proposed changes to parking meters in the City. 14 Letters. (28)

 From Pacific Gas and Electric Company, submitting Notice of Pacific Gas and Electric
 Company’s Phase II 2011 General Rate Case Application (GRC Phase II). (29)

 From Susan Berry, regarding a parking citation received on January 29, 2010, at 729
 Jones Street. Copy: Supervisor Chiu. (30)

 From Molly Burke, submitting a copy of a press release regarding BART’s budget
 balanced without major impacts on customers. (31)

 From Francisco Da Costa, submitting a link to article regarding the Environmental
 Protection Agency’s warning to Lennar. (32)

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Board of Supervisors Meeting Agenda Tuesday, April 13, 2010

 From Roland Sheppard, expressing concerns regarding the City and County of San
 Francisco allegedly trampling on Civil Liberties. (33)

 From Francisco Da Costa, regarding the San Francisco Redevelopment Agency's plans
 to place a prefabricated building on Parcel A - Lot D. (34)

 From Selina Chen, expressing concerns regarding loss of funding to the Department of
 Children, Youth & Their Families. (35)

 From Francisco Da Costa, regarding Bay Area Air Quality Management District meeting
 that was held on March 29, 2010. (36)

 From concerned citizens, expressing concerns regarding the current condition of the
 soccer fields located at the Golden Gate Park Polo Fields and Beach Chalet Soccer
 Fields. 2 Letters. (37)

 From Pete Milton, submitting opposition to the City’s loan to the Community Center
 Project of San Francisco, Inc., located at 1800 Market Street. File No. 100133 (38)

 From Sharon Starr, submitting support to restore Sharp Park to a more natural habitat.
 Copies: Supervisors Mar, Chu, Elsbernd, and the Government Audit and Oversight
 Committee Clerk. (39)

 From Bill Jaeck, submitting opposition to the proposed ordinance that will amend
 Planning Code to amend certain height and bulk districts within the Market and Octavia
 Area Plan. File No. 091476 (40)

 From Da Graczyk, regarding potential health impacts of wireless facilities. File No.
 100043 (41)

 From Da Graczyk, regarding maintaining control over Fiber Networks. File No. 100266
 (42)

 From Michael Lind, submitting opposition to converting the Edward Inn, located at 3155
 Scott Street, to a homeless shelter or half-way house. (43)

 From James Chaffee, regarding the Library Commission’s alleged violation of the
 Sunshine Ordinance. (44)

 From concerned citizen, submitting opposition to proposed legislation concerning the
 Sit/Lie law. File No. 100233 (45)

 ADJOURNMENT

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