# Board of Supervisors Agenda: May 4, 2010

- Meeting date: 2010-05-04
- Document type: agenda
- Source format: PDF
- Extracted pages: 19
- [Canonical HTML transcript](https://sfbos.info/documents/1995/2010-05-04-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG050410.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/1995/2010-05-04-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, May 4, 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, 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.sfbos.org/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.sfbos.org/sunshine

 Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220,
San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
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, May 4, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the April 6, 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 8

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

1. 100251 [Approval of Contract with AT&T for City Telecommunications Services -
 $75,000,000]
 Ordinance approving, retroactively, a contract with AT&T for the purchase of
 telecommunications services and equipment for a maximum cost of $75,000,000 for a
 four and one-half year term beginning on March 1, 2010. (Department of Technology)

 (Fiscal Impact.)
 04/27/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

2. 100349 [Lease of Real Property – 1390 Market Street]
 Resolution authorizing the exercise of a five year option to extend the lease of
 approximately 9,397 square feet of space located at 1390 Market Street for the
 Department of Children, Youth and their Families. (Real Estate Department)

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

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

3. 100227 [Accept and Expend Gift - Recreation and Parks Presidio Heights Playground
 - $910,800]
 Sponsor: Alioto-Pier
 Resolution authorizing the Department of Recreation and Parks to retroactively accept
 and expend a gift valued at $910,800 from the Friends of Presidio Heights Playground
 through the San Francisco Parks Trust for Phase One Improvements to Presidio Heights
 Playground.

 Question: Shall this Resolution be ADOPTED?

4. 100401 [Accept and Expend Grant - Bio-Rad Clinical Trial - $159,876]
 Sponsor: Dufty
 Resolution authorizing the San Francisco Department of Public Health to accept and
 expend retroactively a grant from Bio-Rad Laboratories in the amount of $159,876 to
 fund the Bio-Rad Clinical Trial project for the period of February 1, 2010, through June
 30, 2010.

 Question: Shall this Resolution be ADOPTED?

5. 100403 [Accept and Expend Grant - Medical Monitoring Project - $401,770]
 Sponsor: Dufty
 Resolution authorizing the San Francisco Department of Public Health to accept and
 expend retroactively a grant from the Centers for Disease Control and Prevention in the
 amount of $401,770 to support a project entitled, “Medical Monitoring Project” for the
 period of June 1, 2010, through May 31, 2011.

 Question: Shall this Resolution be ADOPTED?

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

6. 091208 [24th Street - Noe Valley Neighborhood Commercial District - Conditional Use
 for New Full-Service and Small Self-Service Restaurants]
 Sponsor: Dufty
 Ordinance amending the San Francisco Planning Code by amending Section 728.1 and
 Sections 728.42, 728.44 and 728.69A of the Zoning Control Table to allow new
 full-service restaurants, small self-service restaurants, and self-service specialty food
 establishments with conditional use authorization and removing the Specific Provisions
 for full-service restaurants; adopting findings, including environmental findings, Section
 301 findings, and findings of consistency with the General Plan and the Priority Policies
 of Section 101.1.
 04/27/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Alioto-Pier, Mar

7. 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)
 04/27/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

8. 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)
 04/27/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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

 REGULAR AGENDA

 UNFINISHED BUSINESS

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

9. 090584 [Requiring Lighting Efficiency Measures in Commercial and City Buildings]
 Sponsors: Dufty; Mayor and Chiu
 Ordinance amending the San Francisco Building Code by adding a new Chapter 13D,
 Sections 1301D through 1311D, to require commercial buildings to increase efficiency of
 fluorescent lighting by the year 2011; amending the San Francisco Environment Code by
 dividing Section 705 into Sections 705 through 705.5 and amending them to require
 City-owned facilities to increase efficiency of fluorescent lighting; adopting findings
 required by California Health and Safety Code Section 17958.7 and environmental
 findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to
 the California Building Standards Commission upon final passage.
 04/27/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

 NEW BUSINESS

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

10. 100246 [Permits the Bureau of Delinquent Revenue to Assign Accounts Receivable
 with a Value of $10,000 or Less to a Collection Agency]
 Sponsor: Mirkarimi
 Ordinance amending Section 10.39-1 of the Administrative Code to increase the cap on
 accounts receivable that the Bureau of Delinquent Revenue may assign to a collection
 agency from $4,000 to accounts with a fair market value of $10,000. (Treasurer-Tax
 Collector)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

11. 100247 [Additional Penalty for Underreporting Tax by Twenty-five Percent or More]
 Ordinance amending Section 6.17-2 of the Business and Tax Regulations Code by
 adding an additional "substantial underreporting" penalty equal to fifty percent of the
 unreported tax for underreporting a tax liability by twenty-five percent or more.
 (Treasurer-Tax Collector)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 100471 [Accept and Expend Grant - American Recovery and Reinvestment Act Energy
 Efficiency Projects and Amendment to the Annual Salary Ordinance,
 FY2009-2010 - $875,957]
 Sponsors: Mayor; Dufty
 Ordinance authorizing the Department of the Environment to expend a grant in the
 amount of $875,957 from the California Energy Commission’s State Energy Program
 through the Association of Bay Area Governments for the deployment of energy
 efficiency projects in the City and County of San Francisco and amend Ordinance
 Number 183-09 to reflect the addition of three (3) grant funded positions in the
 Department of the Environment.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

13. 100386 [Approval to Award Restaurant Lease Between the Port of San Francisco and
 D & G Company, LLC, Doing Business as Lou's Pier 47]
 Resolution approving Port Commission Restaurant Lease No. L-14630 with D & G
 Company, LLC, doing business as Lou's Pier 47, for certain real property at 300
 Jefferson Street located in Fisherman's Wharf in the City and County of San Francisco
 for a term of fifteen and one half (15 1/2) years, plus a five (5) year extension option.
 (Port)

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

14. 100473 [Adopting Five Year Financial Plans Submitted by the Port and the Airport]
 Sponsor: Mayor
 Resolution adopting the five year financial plans submitted by the Port and the Airport
 under Charter Section 9.119.

 Question: Shall this Resolution be ADOPTED?

15. 100500 [Apply for, Accept and Expend Grant - HOME Investment Partnership Program
 Entitlement, FY2010-2011 - $8,580,153]
 Sponsor: Mayor
 Resolution approving the FY2010-2011 HOME Investment Partnership Program; and
 authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for,
 accept, and expend the City’s FY2010-2011 HOME Program entitlement from the U.S.
 Department of Housing and Urban Development in the amount of $8,580,153 and to
 expend program income in the amount of $301,605.

 Question: Shall this Resolution be ADOPTED?

16. 100501 [Apply For, Accept and Expend Grant - Emergency Shelter Grants Program
 Entitlement, FY2010-2011 - $926,523]
 Sponsor: Mayor
 Resolution approving the FY2010-2011 Emergency Shelter Grant Program; and
 authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for,
 accept, and expend the City’s FY2010-2011 Emergency Shelter Grant Program
 entitlement from the U.S. Department of Housing and Urban Development in the amount
 of $926,523 and to expend reprogrammed funds in the amount of $35,703.

 Question: Shall this Resolution be ADOPTED?

17. 100503 [Apply for, Accept and Expend Grant - Community Development Block Grant
 Entitlement, FY2010-2011 - $22,267,380]
 Sponsor: Mayor
 Resolution approving the FY2010-2011 Community Development Block Grant Program;
 authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for,
 accept, and expend the City’s FY2010-2011 Community Development Block Grant
 Program entitlement from the U.S. Department of Housing and Urban Development in
 the amount of $22,267,380 and to expend program income in the amount of $4,886,000.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

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

18. 091269 [Payroll Expense Tax Biotechnology Exclusion Amendment]
 Sponsors: Alioto-Pier; Dufty
 Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations
 Code to clarify the definition of "biotechnology business" and to allow applicants to claim
 the biotechnology exclusion for seven and one half (7.5) years irrespective of the
 application date.

 (Fiscal Impact.)
 04/20/2010; SUBSTITUTED.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Present: Supervisors Avalos, Elsbernd

19. 100399 [Contract Modification with Acumen Fiscal Agent, LLC, for the Jobs Now
 Program - $19,995,000]
 Sponsor: Mayor
 Resolution approving the emergency declaration to modify the contract between the City
 and County of San Francisco and Acumen Fiscal Agent, LLC, to provide private
 employer based wage subsidy reimbursements under the City's Jobs Now Program for
 qualified Jobs Now participants during the period of March 25, 2010, to June 30, 2011, in
 the additional amount of $10,000,000 for a total modified contract amount of
 $19,995,000.

 Question: Shall this Resolution be ADOPTED?

 From the City Operations and Neighborhood Services Committee with
 Recommendation "Do Not Pass"
 Present: Supervisors Chu, Avalos, Elsbernd

20. 100103 [Prohibition on Tobacco Sales Within 1,000 Feet of a School]
 Sponsor: Mayor
 Ordinance amending the San Francisco Health Code by amending Section 1009.53 and
 by adding Article 19L, Sections 1010.5 through 1010.11, to prohibit the sale of tobacco
 within 1,000 feet of any public or private school.

 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, May 4, 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. 100447 [Public Hearing - Appeal of Determination of Exemption from Environmental
 Review for 1111 California Street (Nob Hill Masonic Center) Project]
 Hearing of persons interested in or objecting to the decision of the Planning Department
 dated February 18, 2010, Case No. 2009.0183E, that a project located at 1111 California
 Street is exempt from environmental review under Categorical Exemption, Class 32
 (State CEQA Guidelines Section 15332). The proposed project involves interior changes
 to the building, which would result in an increase of the person-occupancy of the Masonic
 auditorium from 3,282 to 3,500 (an increase in 218 persons) for standing concert events
 and a reduction in the person-occupancy of the Exhibition Hall by 220 persons. A
 maximum of 95 evening live entertainment events would be held at the Masonic Center
 annually, compared to an average of about 50 such events in recent years. The project
 would not result in any exterior modifications or changes to the building envelope. The
 project site is located at the southeast corner of California and Taylor Streets on a block
 bounded by Jones and Pine Streets in the Nob Hill neighborhood on property within the
 RM-4 (Residential Mixed, High-Density) District, the 65-A Height and Bulk District, and
 the Nob Hill Special Use District, on property located at 1111 California Street (Nob Hill
 Masonic Center), Lot No. 020 in Assessor’s Block No. 0253. (District 3) (Appellants:
 Aldo Caccamo, Rich Hanson, Amy Harmer, Adria Price, William Terrell, Elizabeth
 Pomada, Donna Muse, and David Chow; and David Millstein, on behalf of Lee Saylor.)
 (Clerk of the Board)

 (Filed April 5, 2010; Companion Measure to File Nos. 100448, 100449, 100450.)

 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.

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

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

22. 100448 [Affirming Planning Department Determination of Exemption for 1111
 California Street (Nob Hill Masonic Center) Project]
 Motion affirming the determination by the Planning Department that the project located at
 1111 California Street (Nob Hill Masonic Center) is exempt from environmental review.
 (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

23. 100449 [Reversing Planning Department Determination of Exemption Issued for 1111
 California Street (Nob Hill Masonic Center) Project]
 Motion reversing the determination by the Planning Department that the 1111 California
 Street (Nob Hill Masonic Center) project is exempt from environmental review. (Clerk of
 the Board)

 Question: Shall this Motion be APPROVED?

24. 100450 [Preparation of Findings to Reverse the Determination of Exemption for the
 1111 California Street (Nob Hill Masonic Center) Project]
 Motion directing the Clerk of the Board to prepare findings reversing the exemption
 determination by the Planning Department that the project located at 1111 California
 Street (Nob Hill Masonic Center) is exempt from environmental review. (Clerk of the
 Board)

 Question: Shall this Motion be APPROVED?

 SPECIAL ORDER 4:00 P.M.

25. 100451 [Public Hearing - Appeal of Conditional Use for 1111 California Street]
 Hearing of persons interested in or objecting to the decision of the Planning Commission
 by its Motion No. 18042 dated March 4, 2010, relating to the approval, of a conditional
 use authorization (Case No. 2008.1072C), to change the existing non-conforming
 entertainment use of the "Nob Hill Masonic Center" to "Other Entertainment," pursuant to
 Planning Code Sections 182(B)(1) and 723.48, and to add permanent food and beverage
 service for patrons of entertainment and assembly events, pursuant to Planning Code
 Section 238(D), on a property within the RM-4 (Residential Mixed, High-Density) District,
 the 65-A Height and Bulk District, and the Nob Hill Special Use District, on property
 located at 1111 California Street, Lot No. 020 in Assessor’s Block No. 0253. (District 3)
 (Appellants: William Terrell, Aldo Caccamo, Chris Freeman, Enrique Landa, Elizabeth
 Pomada, and Donna Muse) (Clerk of the Board)

 (Filed 11/9/09 - Companion Measure to File Nos. 100452, 100453, 100454.)

 Action:___________________________

 Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
 court, the conditional use application decision 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.

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

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

26. 100452 [Approving Planning Commission Decision Related to Conditional Use Appeal
 for 1111 California Street]
 Motion approving decision of the Planning Commission by its Motion No. 18042,
 approving Conditional Use Application No. 2008.1072C on property located at 1111
 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk
 of the Board)

 Question: Shall this Motion be APPROVED?

27. 100453 [Disapproving Planning Commission Decision Related to Conditional Use
 Appeal for 1111 California Street]
 Motion disapproving decision of the Planning Commission by its Motion No. 18042,
 approving Conditional Use Application No. 2008.1072C on property located at 1111
 California Street. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

28. 100454 [Preparation of Findings Related to the Conditional Use Appeal for 1111
 California Street]
 Motion directing the Clerk of the Board to prepare findings relating to proposed
 Conditional use Application No. 2008.1072C on property located at 1111 California
 Street, for action by the Board by May 25, 2010. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 COMMITTEE REPORTS
 Reports from committees, if any, recommending emergency or urgent measures.

 The following items will be considered by the Land Use and Economic Development
 Committee at a Regular Meeting on Monday, May 3, 2010, at 1:00 p.m. The Chair
 intends to request the Committee to send the following items to the Board as a
 committee report on Tuesday, May 4, 2010.

29. 100332 [Revisions to Integrated Project Delivery Construction Contracting
 Procedures; Signature Authority for Administrative Code Chapter 6 Contracts
 and Related Documents]
 Sponsors: Maxwell; Mar
 Ordinance amending San Francisco Administrative Code Chapter 6 to revise Section
 6.68 concerning integrated project delivery contracting procedures and revise Subsection
 6.1(H) to allow a department head to designate an individual to execute, on his or her
 behalf, contracts awarded under Chapter 6 and related documents.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

30. 100333 [Bid Discount for Small and Micro-Local Business Enterprises that Joint
 Venture to Bid on Construction Contracts]
 Sponsors: Maxwell; Mar
 Ordinance amending Administrative Code Section 14B.7(F) to grant bid discounts to
 Small and Micro-Local Business Enterprises that joint venture with other firms to bid on
 construction contracts.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 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, May 4, 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 31 through 38

31. 100006 [Authorizing the Director of Elections to Make Confidential Certain Voter
 Registration Information Pertaining to Public Safety Officers]
 Sponsor: Chiu
 Resolution authorizing the Director of Elections to, upon proper application of a public
 safety officer, make confidential that officer's residential address, telephone number and
 e-mail address appearing on the affidavit of registration, in accordance with California
 Elections Code Section 2166.7.
 04/27/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 100244 [Declaring May 2010 Building Safety Month]
 Sponsor: Avalos
 Resolution declaring May 2010 as Building Safety Month in the City and County of San
 Francisco and urging support for supporting public safety efforts by the Department of
 Building Inspection and recognizing public employees for their contributions to San
 Francisco’s structural safety and well-being.
 04/27/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

33. 100256 [Calling for a Boycott of the State of Arizona and Arizona-Based Businesses
 Until Arizona Repeals Senate Bill 1070]
 Sponsors: Campos; Chiu, Avalos, Dufty, Daly, Mirkarimi and Mar
 Resolution denouncing Arizona State Senate Bill 1070, a law that seeks to implement
 Arizona’s own scheme of immigration regulation and will inevitably lead to racial profiling
 of people of color and limited English proficient persons, calling for a boycott of the State
 of Arizona and Arizona-based businesses, and endorsing the City Attorney's offer to
 cooperate in a lawsuit challenging Arizona State Senate Bill 1070.
 04/27/2010; 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, May 4, 2010

34. 100257 [Calling for Comprehensive Immigration Reform and Condemning
 Immigration and Customs Enforcement Audits of San Francisco Businesses]
 Sponsors: Campos; Mar, Avalos, Mirkarimi, Chiu, Dufty, Elsbernd, Daly and
 Alioto-Pier
 Resolution calling upon United States Congress to pass Comprehensive Immigration
 Reform that will solve the problem of undocumented immigration at its roots instead of
 through piecemeal enforcement-only measures, and condemning Immigration and
 Customs Enforcement audits of San Francisco businesses, including a unionized
 company.
 04/27/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

35. 100285 [Federal Disaster Corps Grants Administered by the California Volunteers]
 Sponsor: Mayor
 Resolution authorizing designated City and County of San Francisco officials to execute
 and file on behalf of the City and County of San Francisco, a public entity established
 under the laws of the State of the California, any applications or agreements and to take
 any actions necessary to obtain federal financial assistance through the federal Disaster
 Corps Grant administered by California Volunteers.
 04/27/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

36. 100286 [Supporting Assembly Bill 1900 Relating to Inmates]
 Sponsor: Mirkarimi
 Resolution urging the State Legislature to pass Assembly Bill 1900 relating to inmates.
 04/27/2010; 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, May 4, 2010

37. 100220 [Committee of the Whole - Public Hearing on Adopting a Resolution to
 Acquire Real Property Interests by Eminent Domain]
 Sponsor: Mayor
 Motion that the Board of Supervisors hold a public hearing on May 18, 2010, at 3:00
 p.m., with the Board of Supervisors, sitting as a Committee of the Whole, to consider
 adopting a Resolution of Necessity to authorize acquisition of: (1) a temporary interest in
 real property in Alameda County known as Assessor's Parcel #513-0065-011-02 in
 Fremont, owned by Malik A. Alarab, Trustee, and Barbara E. Alarab, Trustee; (2) a
 temporary interest in real property in Alameda County known as Assessor's Parcel #
 096-0001-020-03 in Sunol, owned by Kenneth and Janice Mackin; and (3) a temporary
 interest and a permanent interest in portions of real property in Alameda County known
 as Assessor's Parcel # 096-0080-004 in Sunol, owned by Carolyn Marie Garcia and
 Stanley A. Garcia, Trustees, by eminent domain, for the public purpose of constructing
 the San Francisco Public Utilities Commission Water System Improvement
 Program-Funded Project CUW35901, New Irvington Tunnel Project; adopting
 environmental findings under the California Environmental Quality Act (CEQA), CEQA
 Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency
 with the General Plan and under City Planning Code Section 101.1.
 04/27/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

38. 100489 [Final Map 3191 - 1124 Leavenworth Street]
 Motion approving Final Map 3191, a Six Unit Residential Condominium Project, located
 at 1124 Leavenworth Street being a subdivision of Lot No. 015 in Assessors Block No.
 0247 and adopting findings pursuant to the General Plan and City Planning Code Section
 101.1
 04/26/2010; 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.

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

 [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
 Proposed ordinances received from April 20, 2010, to April 26, 2010, for reference by
 President to appropriate committee on May 4, 2010.

 100358 [Settlement of Lawsuit - Noah Booher - $35,000]
 Ordinance authorizing settlement of the lawsuit filed by Noah Booher against the City and
 County of San Francisco for $35,000; the lawsuit was filed on March 10, 2009, in the
 United States District Court for the Northern District of California, Case No. C08-1045
 MHP, entitled Noah Booher v. City and County of San Francisco et al. (City Attorney)
 04/23/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 100359 [Settlement of Lawsuit – Betty C. Bullock - $134,000]
 Ordinance authorizing settlement of the lawsuit filed by Betty C. Bullock against the City
 and County of San Francisco for $134,000; the lawsuit was filed on December 1, 2008, in
 San Francisco Superior Court, Case No. 482347; entitled Betty C. Bullock v. City and
 County of San Francisco, et al. (City Attorney)
 04/23/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 100360 [Recreation and Park Department - Harding Park Fees]
 Ordinance amending the San Francisco Park Code by amending Section 12.12, to
 increase greens fees at Harding Park and Fleming Golf Courses, and making
 environmental findings. (Recreation and Park Department)
 04/26/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 100361 [Settlement of Lawsuit – Assimina Mavromatis - $29,500]
 Ordinance authorizing settlement of the lawsuit filed by Assimina Mavromatis against the
 City and County of San Francisco for $29,500; the lawsuit was filed on July 6, 2007, in
 San Francisco Superior Court, Case No. CGC 07-464948; entitled Assimina Mavromatis,
 et al., v. City and County of San Francisco, et al. (City Attorney)
 04/26/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

 100287 [Petitions and Communications]
 Petitions and Communications received from April 20, 2010, through April 26, 2010, for
 reference by the President to Committee considering related matters, or to be ordered
 filed by the Clerk on May 4, 2010.

 From Health Commission, submitting resolution memorializing the agreements reached
 by the Health Commission and California Pacific Medical Center regarding its Institutional
 Master Plan. Copy: Each Supervisor (1)

 From Civil Service Commission, regarding the salary survey for registered nurses, for
 FY2010-2011. Copy: Each Supervisor (2)

 From Municipal Transportation Agency, submitting request for waiver of Administrative
 Code Chapter 12B for the Training Network. (3)

 From National Humane Education Society, thanking the Board of Supervisors for passing
 legislation that urges the citizens of San Francisco to eat vegetarian meals on Mondays.
 (4)

 From the Port, regarding the Third Quarter Contracting Activity Report for FY2009-2010.
 Copy: Each Supervisor (5)

 From Human Services Agency, submitting the Human Services Agency’s revised
 FY2009-2010 savings projections for the Human Services Care Fund. Copy: Each
 Supervisor (6)

 From Branch Library Improvement Program, submitting the 2000 Branch Library
 Improvement Bond Quarterly Report for the period of January through March 2010. (7)

 From Department of Public Health, submitting report of agencies awarded federal funds
 by the Department of Public Health in FY2008-2009. Copy: Each Supervisor (8)

 From concerned citizens, submitting opposition to the Municipal Transportation Agency’s
 proposed changes to parking meters in the City. 12 letters (9)

 From Golden Gate Park Senior Center, urging the Recreation and Parks Commission
 not to lay off the two recreation directors that work at the Golden Gate Park Senior
 Center. Copy: Supervisor Mar (10)

 From concerned citizen, submitting opposition to approval of the Conditional Use
 Application on property located at 725 Taraval Street. File No. 100382 (11)

 From David Ross, urging the Board of Supervisors to uphold the Environmental Impact
 Report for 555 Washington Street. File No. 100443 (12)

 From concerned citizens, submitting opposition to the Environmental Impact Report for
 555 Washington Street. File No. 100443, 13 letters (13)
 .
 From concerned citizens, urging the Board of Supervisors to deny the Conditional Use
 Application for the Nob Hill Masonic Center at 1111 California Street. File No. 100451,
 Copy: Each Supervisor, 2 letters (14)

 From concerned citizens, urging the Board of Supervisors to approve the Conditional
 Use Application for the Nob Hill Masonic Center at 1111 California Street. File No.
 100451, 2 letters (15)

 From concerned citizens, submitting opposition to the proposed cell tower at Miraloma
 Community Church. 2 letters (16)
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Board of Supervisors Meeting Agenda Tuesday, May 4, 2010

 From concerned citizens, submitting support for the proposed legislation concerning the
 sit/lie law. File No. 100233, Copy: Each Supervisor, 2 letters (17)

 From Mary Jessup, submitting opposition for the proposed legislation concerning the
 sit/lie law. File No. 100233 (18)

 From concerned citizens, submitting opposition to proposed legislation regarding
 development impact fees. File No. 091251, 2 letters (19)

 From Secretary of State, Elections Division, submitting copy of the cassette-recorded
 version of the Official California Voter Information Guide for the June 8, 2010, Statewide
 Direct Primary Election. (20)

 From Melanie Macchio, regarding the proposed project at Beach Chalet Fields in Golden
 Gate Park. File No. 100053 (21)

 From Janet Gracyk, expressing dismay at the Planning Department’s Categorical
 Exemption for the Beach Chalet Soccer Fields Project. File No. 100067 (22)

 From Office of the Controller, submitting report regarding the monitoring of nonprofit
 organizations that received federal funding through the Department of Public Health in
 FY2008-2009. (23)

 From concerned citizen, submitting support for legislation that requires a review of the
 management contract with the San Francisco Zoological Society to operate the
 city-owned San Francisco Zoo. (24)

 From US Army Corps of Engineers, regarding proposal to accept funds from the
 California High Speed Rail Authority. (25)

 From Office of the Controller, submitting the Economic Barometer Report for February
 2010. (26)

 From concerned citizen, submitting opposition to California Pacific Medical Center’s
 “Master Plan” for St. Luke’s Hospital and the new Cathedral Hill facility. (27)

 From Christine Temple-Wolfe, regarding Arizona and illegal citizens. (28)

 ADJOURNMENT

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