# Board of Supervisors Agenda: May 11, 2010

- Meeting date: 2010-05-11
- Document type: agenda
- Source format: PDF
- Extracted pages: 22
- [Canonical HTML transcript](https://sfbos.info/documents/1997/2010-05-11-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG051110.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/1997/2010-05-11-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 11, 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

 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 11, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the April 13, 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. 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)
 05/04/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

2. 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)
 05/04/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

3. 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.
 05/04/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 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)

 Question: Shall this Resolution be ADOPTED?

5. 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)

 Question: Shall this Resolution be ADOPTED?

6. 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)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

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

7. 100332 [Revisions to Integrated Project Delivery Construction Contracting
 Procedures; Signature Authority for Administrative Code Chapter 6 Contracts
 and Related Documents]
 Sponsors: Maxwell; Mar, Chiu and Daly
 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.
 05/04/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

8. 100333 [Bid Discount for Small and Micro-Local Business Enterprises that Joint
 Venture to Bid on Construction Contracts]
 Sponsors: Maxwell; Mar and Chiu
 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.
 05/04/2010; 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:______________________________________________

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

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

 9. 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.

 05/04/2010; AMENDED.

*Link to amended packet material* 05/04/2010; AMENDED.

 05/04/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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

 10. 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.

*Link to amended packet material* 05/04/2010; AMENDED.

 05/04/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 NEW BUSINESS

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

11. 100496 [Accept and Expend Grant - California Emergency Management Agency and
 Amendment to the Annual Salary Ordinance for FY2009-2010 - $505,599]
 Sponsor: Dufty
 Ordinance authorizing the Department of Adult Probation to retroactively accept and
 expend a grant in the amount of $505,599 from the California Emergency Management
 Agency for a pilot program funded by Senate Bill 678 designed to improve outcomes for
 18-25 year old probationers, and amending Ordinance No. 183-09 (Annual Salary
 Ordinance, FY 2009-2010) to reflect the addition of one (1) grant-funded position (0.25
 FTE) in Class 8444 Deputy Probation Officer at the Department of Adult Probation.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

12. 100351 [Airport 2011 Lease and Use Agreements with Various Airlines]
 Resolution approving a term of twenty five (25) new Lease and Use Agreements
 between the City and County of San Francisco and various airlines, effective July 1,
 2011, to allow such airlines to conduct domestic and international flight operations at the
 San Francisco International Airport. (Airport Commission)

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

13. 100352 [Airline and Airport Lease and Use Agreement Modifications and Lease and
 Operating Agreement Modifications with Various Airlines]
 Resolution approving modifications to the terms of eight (8) Airline and Airport Lease and
 Use Agreements and eleven (11) Lease and Operating Agreements between the City
 and County of San Francisco and various airlines to allow such airlines to modify the
 rental of terminal space and modify the terms of one (1) Airline and Airport Lease and
 Use Agreement to allow for early termination of said Lease and Use Agreement. (Airport
 Commission)

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

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

14. 091251 [Development Fee Collection Procedure; Administrative Fee]
 Sponsors: Mayor; Dufty
 Ordinance amending the San Francisco Building Code by adding Section 107A.13 to
 establish a procedure for the Department of Building Inspection (DBI) to collect
 development impact and in lieu fees, to provide that the fees are payable prior to
 issuance of the first building permit or, in the case where a site permit is issued, the first
 addendum authorizing construction of the project, with a temporary option for the project
 sponsor to defer payment of 85 percent of the total amount of fees due, or 80 percent of
 the total amount of fees due if the project is subject to payment of a neighborhood
 infrastructure impact development fee, to prior to issuance of the first certificate of
 occupancy upon agreeing to pay a deferral surcharge on the amount owed, to require
 that any in-kind public benefits required in lieu of payment of development fees are
 implemented prior to issuance of the first certificate of occupancy for the project, to
 require DBI to generate a Project Development Fee Report prior to issuance of the
 building or site permit for the project listing all fees due with the opportunity for an appeal
 of technical errors to the Board of Appeals, to establish a Development Fee Collection
 Unit within DBI and a fee for administering the program; providing that the ordinance's
 operative date is July 1, 2010; and adopting findings, including environmental findings.

 (Economic Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 091275 [Development Impact and In-Lieu Fees]
 Sponsors: Mayor; Dufty
 Ordinance amending the San Francisco Planning Code to create Article 4 for
 development impact fees and requirements, move Planning Code Sections 135(j),
 135.3(d), 135.3(e), 139, 143, 149, a portion of 249.33, 313-313.15, 314-314.8,
 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38
 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4,
 and renumber and amend the sections; to provide that the Department of Building
 Inspection will collect the development fees prior to issuance of the first building permit or
 other document authorizing project construction and verify that any in-kind public
 improvements required in lieu of a development fee are implemented prior to issuance of
 the first certificate of occupancy; to allow a project sponsor to defer payment of a
 development fee upon agreeing to pay a deferral surcharge (Fee Deferral Program),
 which option shall expire after three years unless further extended; to require the
 Planning Commission to hold a hearing prior to expiration of the Fee Deferral Program to
 review its effectiveness and make recommendations to the Board of Supervisors; to add
 introductory sections to Article 4 for standard definitions and procedures, delete
 duplicative code provisions and use consistent definitions, language and organization
 throughout; to require annual Citywide development fee reports and fee adjustments, and
 development fee evaluations every five years; to provide that the ordinance's operative
 date is July 1, 2010; and to instruct the publisher to put a note at the original location of
 the renumbered sections stating that the text of those sections has been moved and
 providing the new section number; adopting findings, including Section 302,
 environmental findings, and findings of consistency with the General Plan and Planning
 Code Section 101.1.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

16. 100048 [Amendment to Solar Energy Incentive Program]
 Sponsors: Daly; Mirkarimi
 Ordinance amending the San Francisco Environment Code Sections 18.2, 18.4, 18.7-2,
 and 18.7-4, to: (1) require all systems receiving City incentives be installed by an
 individual, firm or organization qualified as a workforce development installer by the
 Office of Economic & Workforce Development, unless specified exceptions apply, and
 (2) eliminate increased incentives for residential properties in the case of systems
 installed by individuals trained under the City workforce development program.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 100492 [Supplemental Agreement to Install an Additional Water Pipeline Over Union
 Pacific Railroad Company Property in Stanislaus County]
 Resolution approving and authorizing a Supplemental Agreement with Union Pacific
 Railroad Company to install an additional water pipeline within an existing easement area
 over Railroad property near the City of Oakdale in Stanislaus County required for the San
 Joaquin Pipeline System Project No. CUW37301 for a fee of $2,500; adopting findings
 under the California Environmental Quality Act; adopting findings that the conveyance is
 consistent with the City’s General Plan and Eight Priority Policies of City Planning Code
 Section 101.1; and authorizing the Director of Property to execute documents, make
 certain modifications and take certain actions in furtherance of this resolution. (Real
 Estate Department)

 Question: Shall this Resolution be ADOPTED?

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

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Board of Supervisors Meeting Agenda Tuesday, May 11, 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.

18. 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.)
 04/13/2010; CONTINUED.

 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.)

19. 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)
 04/13/2010; CONTINUED.

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

20. 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.
 04/13/2010; CONTINUED.

 Question: Shall this Motion be APPROVED?

21. 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)
 04/13/2010; CONTINUED.

 Question: Shall this Motion be APPROVED?

 SPECIAL ORDER 4:00 P.M.

22. 100415 [Public Hearing - Appeal of Determination of Exemption from Environmental
 Review for 424 Francisco Street]
 Hearing of persons interested in or objecting to the decision of the Planning Department
 dated March 10, 2010, that a project located at 424 Francisco Street (Building Permit
 Application No. 2004.01.22.4627, Case No. 2009.0914D) is exempt from environmental
 review under Categorical Exemption, Class 1. The proposal would install a garage
 opening within the subject building to accommodate six (6) off-street parking spaces.
 The subject property is within the North Beach Neighborhood Commercial District with a
 40-X Height and Bulk District, Lot No. 010 in Assessor's Block No. 0041. (District 3)
 (Appellants Malcolm Yeung on behalf of Chinatown Community Development Center and
 Vedica Puri on behalf of Telegraph Hill Dwellers.) (Clerk of the Board)

 (Filed March 30, 2010; Companion Measure to File Nos. 100416, 100417, 100418.)

 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.)

23. 100416 [Affirming Planning Department Determination of Exemption for 424
 Francisco Street]
 Motion affirming the determination by the Planning Department that the project located at
 424 Francisco Street is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

24. 100417 [Reversing the Planning Department Determination of Exemption Issued for
 424 Francisco Street]
 Motion reversing the determination by the Planning Department that the 424 Francisco
 Street project is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

25. 100418 [Preparation of Findings to Reverse the Planning Department Determination
 of Exemption for the 424 Francisco Street Project]
 Motion directing the Clerk of the Board to prepare findings reversing the exemption
 determination by the Planning Department that the project located at 424 Francisco
 Street is exempt from environmental review. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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

 The following item will be considered by the Rules Committee at a Regular Meeting on
 Thursday, May 6, 2010, at 10:00 a.m. The Chair intends to request the Committee to
 send the following item to the Board as a committee report on Tuesday, May 11, 2010.

26. 100522 [Appointment, Board of Appeals - Christine Hwang]
 Motion appointing Christine Hwang, term ending July 1, 2014, to the Board of Appeals.
 (Clerk of the Board)

 Christine Hwang, seat 2, succeeding Rafael Mandelman, must be a nominee of the
 President of the Board of Supervisors approved by the Board of Supervisors, for the term
 ending on July 1, 2014.

 Question: Shall this Motion be APPROVED?

 .

 The following item will be considered by the Land Use and Economic Development
 Committee at a Regular Meeting on Monday, May 10, 2010, at 1:00 p.m. The Chair
 intends to request the Committee to send the following item to the Board as a committee
 report on Tuesday, May 11, 2010.

27. 100330 [Veteran Commons Special Use District - 150 Otis Street]
 Sponsor: Chiu
 Ordinance adding Planning Code Section 249.46 to establish the Veteran Commons
 Special Use District for property located at 150 Otis Street, Block No. 3513, Lot No. 07;
 amending the City's Zoning Map, Sheet Nos. HT07 and SU07 to change the height
 district from 85 to 125 feet and reflect the boundaries of the Veteran Commons Special
 Use District; and making environmental findings and findings of consistency with the
 General Plan and the priority policies of Planning Code Section 101.1.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 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 28 through 43

 28. 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.

*Link to amended packet material* 05/04/2010; AMENDED.

 05/04/2010; CONTINUED AS AMENDED.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

29. 100531 [Accept and Expend Grant - San Francisco Arts Commission’s WritersCorps
 Artist in Schools Program - $9,600]
 Sponsor: Mayor
 Resolution authorizing the San Francisco Arts Commission to retroactively accept and
 expend a grant totaling $9,600 from the California Arts Council’s Artists in Schools
 Program to help support the cost of a contracted teaching artist working at Mission High
 School.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

30. 100533 [Accept and Expend Grant - San Francisco Arts Commission’s Arts Education
 Program - $15,000]
 Sponsor: Mayor
 Resolution authorizing the San Francisco Arts Commission to retroactively accept and
 expend a grant in the amount of $15,000 from the California Arts Council State Local
 Partnership Program to help support the Arts Commission’s Arts Education Program.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

31. 100538 [Supporting Outreach and Education Regarding Smart Meters to Prevent
 Power Service Disconnections]
 Sponsor: Mar
 Resolution supporting outreach and education regarding Smart Meters to prevent power
 service disconnections.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 100539 [Request for Redevelopment Agency Audit]
 Sponsor: Mirkarimi
 Resolution requesting the Redevelopment Agency of the City and County of San
 Francisco to consent to an audit of selected activities related to the implementation of the
 expired Western Addition A-2 Redevelopment Plan.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

33. 100540 [Opposing the Dirty Energy Proposition, also known as Attorney General
 Initiative #09-0104]
 Sponsors: Mirkarimi; Alioto-Pier, Maxwell and Campos
 Resolution opposing the Dirty Energy Proposition, also known as Attorney General
 Initiative # 09-0104 designed to suspend the implementation of The California Global
 Warming Solutions Act of 2006.
 05/04/2010; 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 11, 2010

34. 100541 [Grant Application - Strategic Growth Council Urban Greening Program]
 Sponsor: Mar
 Resolution authorizing the San Francisco Planning Department to apply for a planning
 grant from the State of California Sustainable Communities Planning Grant and
 Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood
 Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to complete an
 Urban Forest Master Plan.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

35. 100542 [Acceptance of Gift - Airport Congressman Tom Lantos Commemorative
 Plaque - $15,000]
 Sponsors: Elsbernd; Dufty and Alioto-Pier
 Resolution approving the Airport’s acceptance of a gift of a commemorative plaque,
 valued at $15,000, honoring the late Congressman Tom Lantos from the Lantos
 Foundation to be placed in the Terminal 3 Hub at the Airport.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

36. 100543 [Requesting the Controller’s Office to Conduct a Review and Analysis of the
 Funding Recommendations of the Department of Children, Youth and Their
 Families for FY2010-2011 through FY2012-2013]
 Sponsors: Dufty; Campos, Maxwell and Chiu
 Resolution requesting that the Controller’s Office conduct a review and analysis of the
 funding recommendations of the Department of Children, Youth and Their Families for
 FY2010-2011 through FY2012-2013.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

37. 100544 [Denouncing the Burmese Military Regime’s Illegitimate 2010 Election and
 Recognizing May 27, 2010, as Burma Democracy Day]
 Sponsor: Daly
 Resolution denouncing the Burmese military regime’s illegitimate 2010 election and
 recognizing May, 27, 2010, as Burma Democracy Day in honor of the 20th Anniversary of
 the 1990 Elections.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

38. 100545 [Proclaiming Public Works Week in San Francisco - May 16-22, 2010]
 Sponsor: Chiu
 Resolution proclaiming May 16-22, 2010, as Public Works Week in San Francisco.
 05/04/2010; 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 11, 2010

39. 100546 [Accept and Expend Grant - Back on Track Program - $52,355.57]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of
 San Francisco to retroactively accept and expend a grant in the amount of $52,355.57
 through the San Francisco Foundation, for a program entitled “Back on Track Re-entry
 Program” for FY2009-2010 and FY2010-2011.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

40. 100547 [Accept and Expend Grant - Criminal Restitution Compact - $88,538]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of
 San Francisco to retroactively contract for, accept and expend up to $88,538 allocated
 from the California Victim Compensation and Government Claims Board for a project
 entitled "Criminal Restitution Compact" for the period of July 1, 2009 through June 30,
 2011.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

41. 100548 [Supporting Assembly Bill 1871 Regarding Amending State Car Insurance
 Laws to Allow Personal Vehicles to be Used in Car-Sharing Programs]
 Sponsors: Alioto-Pier; Chiu
 Resolution supporting Assembly Bill 1871 to amend state car insurance laws to allow
 personal vehicles to be used in car-sharing programs.
 05/04/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

42. 100558 [Urging the United States Department of Agriculture to Declare the Light
 Brown Apple Moth a Non-Actionable Pest]
 Sponsor: Alioto-Pier
 Resolution urging the United States Department of Agriculture to declare the Light Brown
 Apple Moth a non-actionable pest in order to end the Light Brown Apple Moth eradication
 project that could expose San Franciscans to unacceptable and unnecessary levels of
 pesticide exposure.
 05/04/2010; 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 11, 2010

43. 100550 [Committee of the Whole - Issuance of Revenue Bonds by the California
 Municipal Finance Authority - May 18, 2010]
 Sponsor: Daly
 Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May
 18, 2010, at 3:00 p.m., to hold a public hearing on the issuance of revenue bonds by the
 California Municipal Finance Authority for the purpose of financing or refinancing the
 acquisition of the State office buildings known as the Public Utilities Commission Building
 and/or the San Francisco Civic Center.
 05/04/2010; 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:_________________________________________

44. IMPERATIVE AGENDA
 Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
 Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
 must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
 Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
 required for the resolution(s).

 [Serious Injury Finding]
 Motion that the Board find that for the resolution(s) being considered at this time "the need to take
 action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
 meeting."

 [Purely Commendatory Finding]
 Motion that the Board find that the resolution(s) being considered at this time are purely
 commendatory.

 [Brown Act Finding]
 Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
 is a need to take immediate action. The need to take action came to the attention of the City and
 County of San Francisco after the agenda was posted.

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED RESOLUTIONS
 Proposed resolutions received from April 27, 2010, to May 3, 2010, for reference by
 President to appropriate committee on May 11, 2010.

 100364 [Major Encroachment for San Francisco State University to Place Utilities
 Under Font Boulevard]
 Resolution granting a revocable major encroachment permit to San Francisco State
 University to occupy a portion of the public right-of-way to install and maintain private
 underground utilities crossing Font Boulevard to serve properties within Assessor Block
 7304; making findings, including environmental findings and findings of consistency with
 the General Plan and the Eight Priority Policies of Planning Code Section 101.1. (Public
 Works Department)
 04/28/2010; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.

 100365 [Amendment to Agreement with Avaya, Inc. to Extend the Term and Increase
 the Amount of the Contract to $13,367,321]
 Resolution retroactively authorizing the Department of Technology to enter into the
 Fourth Amendment of an agreement with Avaya, Inc. and increasing the maximum
 expenditure under the contract to $13,367,321. (Department of Technology)
 05/03/2010; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 100556 [Petitions and Communications]
 Petitions and Communications received from April 27, 2010, through May 3, 2010, for
 reference by the President to Committee considering related matters, or to be ordered
 filed by the Clerk on May 11, 2010.

 From Department of Public Works, submitting their Defective Sidewalk Repair Account
 Quarterly Report for the period of January 1, 2010, through March 31, 2010. (1)

 From Department of Public Works, submitting their Adopt-A-Tree Account Quarterly
 Report for the period of January 1, 2010, through March 31, 2010. (2)

 From T-Mobile, submitting notification letter for a cellular site at 810 Battery Street. (3)

 From T-Mobile, submitting notification letter for a cellular site at 1160 Illinois Street. (4)

 From T-Mobile, submitting notification letter for a cellular site at 1200 Mason Street. (5)

 From T-Mobile, submitting notification letter for a cellular site at 1501 Lincoln Way. (6)

 From Municipal Transportation Agency, regarding the request for proposal process for
 the current parking meter procurement, coin counting and collections contract. Copy:
 Each Supervisor (7)

 From Municipal Transportation Agency, submitting their Operating Budgets for
 FY2010-2011, and FY2011-2012. Copy: Each Supervisor (8)

 From Municipal Transportation Agency, regarding adjustment to their Operating Budgets
 for FY2011 and FY2012. Copy: Each Supervisor (9)

 From US Army Corps of Engineers, submitting notice that the San Francisco Public
 Utilities Commission has applied for a Department of the Army permit to construct the
 Crystal Springs/San Andreas Transmission System Upgrade. (10)

 From Arts Commission, submitting their Quarterly Expenditure Report ending March 31,
 2010. (11)

 From San Francisco Grand Jury, submitting notice that the San Francisco Grand Jury
 has released its report to the public entitled “Americans with Disabilities Act: Is San
 Francisco in Compliance?” Copy: Each Supervisor, Government Audit and Oversight
 Committee Clerk (12)

 From Office of the Chief Medical Examiner, submitting the Annual Report for
 FY2009-2010. (13)

 From Emil Lawrence, regarding unauthorized removal of taxi driver documents by an
 airport employee. Copy: Each Supervisor (14)

 From Emil Lawrence, regarding a DAJA airport employee and new taxicab taxes. Copy:
 Each Supervisor (15)

 From San Francisco International Airport, regarding proposal to impose a new privilege
 fee on off-airport parking lot operators, and plans to increase its own long-term parking
 rates in January 2011. Copy: Each Supervisor (16)

 From concerned citizens, submitting opposition to proposed resolution calling for a
 boycott of the state of Arizona and Arizona-based businesses until Arizona repeals
 Senate Bill 1070; and that many have cancelled their plans to visit San Francisco.
 Approximately 60 letters (17)
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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 From S.F. Conventions and Visitors Bureau, submitting opposition to proposed resolution
 calling for a boycott of the state of Arizona and Arizona-based businesses until Arizona
 repeals Senate Bill 1070; and that many have cancelled their plans to visit San
 Francisco. Approximately 160 letters (18)

 From Luis, submitting support for proposed resolution calling for a boycott of the state of
 Arizona and Arizona-based businesses until Arizona repeals Senate Bill 1070.
 (19)

 From Noah Schlager, submitting petition on behalf of the Urban School of San Francisco,
 urging action to ban all shark products, and support local shark and coastal conservation.
 (20)

 From concerned citizens, regarding the Beach Chalet Soccer Fields Project in Golden
 Gate Park. File No. 100053 (21)

 From concerned citizens, submitting opposition to appeal filed against the Planning
 Department’s decision regarding the Nob Hill Masonic Center at 1111 California Street.
 File No.100451, 37 letters (22)

 From concerned citizens, submitting support for appeal filed against the Planning
 Department’s decision regarding the Nob Hill Masonic Center at 1111 California Street.
 File No. 100451, 23 letters (23)

 From Brent Marks, regarding paramedics and firefighters in San Francisco. (24)

 From concerned citizens, submitting support for expanding parking meter hours to
 Sunday. 2 letters (25)

 From concerned citizens, submitting opposition to expanding parking meter hours to
 Sunday. 5 letters (26)

 From Verizon Wireless, submitting notification letter for a cellular site at 6221 Geary
 Boulevard. (27)

 From State Fish and Game Commission, submitting notice of proposed regulatory
 actions relative to Commercial Rock Crabs. (28)

 From Office of the Controller, submitting a Compliance Review Report of the Municipal
 Transportation Agency’s Work Orders for FY2008-2009. Copy: Each Supervisor (29)

 From State Fish and Game Commission, submitting the revised findings rejecting the
 petition to list the American Pika as a threatened species. (30)

 From Hut Landon, suggesting a one-week shop local first experiment in San Francisco.
 (31)

 From concerned citizens, commenting on a recent news article in the San Francisco
 Chronicle regarding city employee wages. 2 letters (32)

 From Gabriel Grill, urging the Mayor and the Board of Supervisors to fund full-time
 service for the Park Branch Library and other branches yet to be renovated. (33)

 From Mark Duran, expressing concerns relating to violence against Asian-Americans in
 San Francisco. (34)

 From Zen Lee, thanking the Department of Public Works for fixing a damaged road
 section near the corner of 41st Avenue and Judah Street. (35)

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Board of Supervisors Meeting Agenda Tuesday, May 11, 2010

 From concerned citizens, submitting support for the proposed legislation concerning the
 sit/lie law. File No. 100233, 8 letters (36)

 From Michael Crandell, submitting opposition to the proposed legislation concerning the
 sit/lie law. File No. 100233 (37)

 From Susan Grady, submitting opposition to the proposed cell tower at Miraloma
 Community Church. (38)

 From Kash, submitting support for public power in San Francisco. (39)

 From Pamela Thompson, submitting the Office of Citizen Complaints First Quarter
 Statistical Report for 2010. (40)

 From Samantha Shields, submitting her health concerns with a cell phone tower at the
 corner of Clayton and Deming Streets. (41)

 From U.S. Army Corps of Engineers, regarding proposal to accept funds from the
 California High-Speed Rail Authority. (42)

 From Aaron Goodman, commenting on a news article in the S.F. Examiner entitled the
 “F-line extension faces setback” planning concerns put funding for Fort Mason project at
 risk. (43)

 From Jon Wollenhaupt, regarding artist Elaine Badgeley who was seriously injured in an
 accident caused by a cab driver running a red light. (44)

 From Law Offices of Snell & Wilmer, on behalf of T-Mobile, concerning site permits for
 personal wireless service. File No. 100041, Copy: Land Use and Economic
 Development Committee Members and Clerk (45)

 From Nancy Cohrs, commenting on a news article in the Marina Times regarding San
 Francisco parks. (46)

 From Carla Lehmann, regarding proposed Parkmerced development. (47)

 From Mike Miller, regarding the amount of homeless individuals in San Francisco. (48)

 From Norman Campbell, regarding Sharp Park Golf Course. (49)

 From Patricia Tsang, urging the Department of Public Works to restore the public
 receptacles on Lake Street at Arguello Boulevard. (50)

 ADJOURNMENT

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