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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, December 14, 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.sfbos.org
BOARD COMMITTEES
Committee Membership Meeting Days
Budget and Finance Committee Wednesday
Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM
City and School District Select Committee 2nd and 4th 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, Dufty 10:30 AM
Government Audit and Oversight Committee 2nd and 4th Thursday
Supervisors Mar, Chu, Maxwell 10:30 AM
Land Use and Economic Development Committee Monday
Supervisors Maxwell, Mar, Chiu 1:00 PM
Public Safety Committee 1st and 3rd Monday
Supervisors Chiu, Mirkarimi, Elsbernd 10:00 AM
Rules Committee 1st and 3rd Thursday
Supervisors Campos, Alioto-Pier 10:00 AM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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Meeting Procedures
Board procedures do not permit: 1) persons in the audience at a Board 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)
bringing in or displaying signs in the meeting room; 4) standing in the meeting room. The
public is encouraged to testify at Committee meetings and to write letters to the Clerk of a
Committee or to its members: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco,
CA 94102.
LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415)
554-7490 to coordinate the use of the laptop computer for presentations. Presenters should
arrive 30 minutes prior to the meeting to test their presentations on the computer.
AGENDA PACKET: Available for review in Clerk’s Office, Room 244, City Hall, and on
the internet at http://www.sfbos.org/meetings. Meetings are cablecast on SF Cable 26. For
DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Requests must be received at least 48 hours in advance of
the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPAÑOL: La solicitud para un traductor debe recibirse antes de mediodía de el
viernes anterior a la reunion. Llame a 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, December 14, 2010
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the November 9, 2010, and November 16, 2010, Board Meeting Minutes.
COMMUNICATIONS
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall be
removed from the Consent Agenda and considered as a separate item.
Items 1 through 16
Recommendations of the Budget and Finance Committee
Present: Supervisors Avalos, Mirkarimi, Elsbernd
1. 101121 [Accept and Expend Grant - FY2010 Regional Catastrophic Preparedness
Grant Program and Amend Annual Salary Ordinance, FY2010-2011 -
$3,570,000]
Sponsors: Mayor; Alioto-Pier
Ordinance authorizing the Department of Emergency Management, on behalf of the City
and County San Francisco, serving as the primary grantee for the Regional Catastrophic
Preparedness Grant Program Bay Area Site and as fiscal agent for the Urban Area
Security Initiative Approval Authority, to retroactively accept and expend Regional
Catastrophic Preparedness Grant Program grant funds in the amount of $3,570,000 from
the United States Department of Homeland Security, through the California Emergency
Management Agency, and to provide $181,478 as San Francisco’s portion of required
matching funds; and amending Ordinance No. 191-10 (Annual Salary Ordinance,
FY2010-2011) to reflect the addition of one grant-funded position (.75 FTE) in Class
5293 Planner IV in the Department of Emergency Management.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 4 Printed at 4:55 pm on 12/9/10
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
2. 101122 [Accept and Expend Grant - FY2010 Urban Areas Security Initiative Grant and
Amend Annual Salary Ordinance, FY2010-2011 - $34,262,131]
Sponsors: Mayor; Alioto-Pier
Ordinance authorizing the Department of Emergency Management, on behalf of the City
and County San Francisco, as the primary grantee for the combined Bay Area Urban
Area and as the fiscal agent for the UASI Approval Authority, to retroactively accept and
expend an Urban Areas Security Initiative grant in the amount of $34,262,131 from the
United States Department of Homeland Security, through the California Emergency
Management Agency; and amending Ordinance No. 191-10 (Annual Salary Ordinance,
FY2010-2011) to reflect the addition of two grant-funded positions in the Department of
Emergency Management, as follows: one position (.75 FTE) in Class 1823 Senior
Administrative Analyst and one position (.75 FTE) in Class 1824 Principal Administrative
Analyst.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, Mar, Chiu
3. 101313 [Planning Code, Zoning Map - Bayshore Boulevard Home Improvement
Special Use District]
Sponsors: Maxwell; Campos and Dufty
Ordinance amending the San Francisco Planning Code by adding Section 249.65 to
establish the Bayshore Boulevard Home Improvement Special Use District for the
properties on lots fronting Bayshore Boulevard from Jerrold Avenue south to the 1-280
Freeway, the west side of Loomis Street from Jerrold Avenue south to the 1-280
Freeway, Oakdale Avenue from Loomis Street to Bayshore Boulevard, Marengo Street
from Bayshore Boulevard to Waterloo Street and the west side of Boutwell Street from
Industrial Street south to the 1-280 Freeway, and also including some lots on Cortland
Avenue; amending the Zoning Map of the City and County of San Francisco to rezone
the designated blocks and lots from the current M-1 and P/M-1 zoning to PDR-2,
P/PDR-2 and the Bayshore Boulevard Home Improvement Special Use District; adopting
findings, including environmental findings, Section 302 findings, and findings of
consistency with the General Plan and the priority policies of Planning Code Section
101.1.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
4. 101448 [Installation of Public Art in the Hunters Point Shipyard Redevelopment
Project Area - $80,000]
Sponsor: Maxwell
Resolution making findings under Section 33445 of the California Health and Safety
Code and consenting to the Redevelopment Agency using approximately $80,000 in
designated federal grant monies for the installation of Public Art in the Hunters Point
Shipyard Redevelopment Project Area.
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 5 Printed at 4:55 pm on 12/9/10
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
Present: Supervisors Maxwell, Chiu
5. 101485 [Southeast Digester Task Force - Biosolids Digester Facility Project]
Sponsor: Maxwell
Resolution urging the Public Utilities Commission to incorporate the Southeast Digester
Task Force recommendations into the Biosolids Digester Facility Project, to select the
preferred site and expedite implementation.
Question: Shall this Resolution be ADOPTED?
6. 101486 [Commending the Community Benefits Program]
Sponsor: Maxwell
Resolution commending the San Francisco Public Utilities Commission’s Community
Benefits Program.
Question: Shall this Resolution be ADOPTED?
Recommendations of the Public Safety Committee
Present: Supervisors Chiu, Elsbernd
7. 101190 [Police Code - Registration and Other Requirements for Event Promoters]
Sponsors: Chiu; Maxwell
Ordinance adding Article 15.7 to the San Francisco Police Code, requiring event
promoters to register with the Entertainment Commission; prohibiting holders of certain
entertainment-related permits, and registered promoters, from retaining an unregistered
promoter to hold an event; and authorizing under certain circumstances for certain
promoters reporting requirements, increased security plan requirements for events they
promote, general liability insurance requirements, a criminal background check
requirement, and other requirements.
11/23/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
11/23/2010; RE-REFERRED to the Public Safety Committee.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
8. 101349 [Administrative Code - DNA Testing in Sexual Assault Cases]
Sponsors: Alioto-Pier; Chu
Ordinance implementing the California “Sexual Assault Victims’ Bill of Rights” by
amending the San Francisco Administrative Code to: (1) add Section 2A.89 to require the
Police Department to develop and implement procedures to collect and test DNA
samples in sexual assault cases and provide information and notices to victims, require
the Police Department to report on DNA collection and testing performance as part of the
budget submission, and make it the policy of the City and County of San Francisco to
appropriate sufficient funds each fiscal year to ensure timely testing of DNA evidence in
sexual assault cases; and (2) add Section 10.100-172 to establish the Police DNA
Testing in Sexual Assault Cases Account.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
9. 101443 [Accept and Expend Grant - Three Part-Time Q4 Police Officer III Positions -
$424,107]
Sponsor: Alioto-Pier
Ordinance authorizing the San Francisco Police Department, on behalf of the City and
County of San Francisco, to retroactively accept and expend grant funds in the amount of
$424,107 from the United States Department of Justice/National Institute of Justice
"Solving Cold Cases with DNA" Grant Program; and amending Ordinance No. 191-10
(Annual Salary Ordinance, FY2010-2011) to reflect the addition of three (3) part-time
positions (1.50 FTE total) in job classification Q4 Police Officer III in the San Francisco
Police Department.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Rules Committee
Present: Supervisors Campos, Mar
10. 101098 [Administrative Code - Electronic Distribution of Multi-Page Documents]
Sponsors: Mirkarimi; Chiu, Campos and Mar
Ordinance amending the San Francisco Administrative Code by amending Sections 1.56
and 8.12.4, adding Section 8.12.5, and re-numbering Section 8.12-1 as 8.13, to provide
for the electronic distribution of documents more than 10 pages long prepared by City
departments.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
11. 101191 [Administrative Code - Publication Requirements]
Sponsors: Mirkarimi; Campos, Mar and Chiu
Ordinance amending Chapter 2 of the San Francisco Administrative Code by adding
Article XII, Sections 2.96 through 2.100, to define “published” as required by San
Francisco Charter Article XVII to: (1) establish requirements for publishing notices; (2)
establish standards for and define the “City's Official Website Homepage;" (3) establish
procedures for standardizing and defining notice and publication requirements for future
proposed ordinances; and (4) authorize the Clerk of the Board of Supervisors to adopt
regulations to implement this Article.
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 7 Printed at 4:55 pm on 12/9/10
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
12. 101272 [Conflict of Interest Code Amendments]
Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct
Code by (1) amending Section 3.1-103 to list the officials who must file statements of
economic interests and ethics-related forms with the Ethics Commission; (2) amending
Section 3.1-107 to clarify the scope of disclosure category 1; (3) amending Sections
3.1-140, 3.1-150, 3.1-155, 3.1-175, 3.1-190, 3.1-195, 3.1-205, 3.1-207, 3.1-218, 3.1-230,
3.1-240, 3.1-245, 3.1-250, 3.1-251, 3.1-253, 3.1-267, 3.1-275, 3.1-280, 3.1-312, 3.1-315,
3.1-320, 3.1-335, 3.1-362, 3.1-365, 3.1-390, 3.1-422, 3.1-445, 3.1-450 to update the list
of designated employees who must file statements of economic interests; (4) deleting
Sections 3.1-210 and 3.1-235 to reflect the current composition of City departments; and
(5) adding Section 3.1-510 to identify the local officials who manage public investments.
(Clerk of the Board)
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
13. 101381 [Settlement of Lawsuit - Allison Ayer - $30,000]
Ordinance authorizing settlement of the lawsuit filed by Allison Ayer against the City and
County of San Francisco for $30,000; the lawsuit was filed on January 28, 2010, in San
Francisco Superior Court, Case No. CGC-10-496373; entitled Allison Ayer v. City and
County of San Francisco, et al. (City Attorney)
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
14. 101382 [Settlement of Lawsuit - Charles Haynes - $50,000]
Ordinance authorizing settlement of the lawsuit filed by Charles Haynes against the City
and County of San Francisco for $50,000; the lawsuit was filed on January 23, 2009, in
the United States District Court, Northern District of California, Case No. C09-00174
PJH; entitled Charles Haynes, et al. v. City and County of San Francisco, et al. (City
Attorney)
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
15. 101383 [Settlement of Lawsuit - Guillermo Chavez - $30,000]
Ordinance authorizing settlement of the lawsuit filed by Guillermo Chavez against the
City and County of San Francisco for $30,000; the lawsuit was filed on October 2, 2009,
in San Francisco Superior Court, Case No. 439-130; entitled Guillermo Chavez v. City
and County of San Francisco, et al.; other material terms of said settlement are: 1)
$10,000 to be paid to the San Francisco Tax Collector's Bureau of Delinquent Revenue
to satisfy the medical lien for treatment in this case; 2) $11,555 to be allocated to
attorney's fees and litigation costs; 3) the balance of $8,445 is to be paid to the Bureau of
Delinquent Revenue to pay down money owed by plaintiff to the City for medical
treatment unrelated to the injuries in the lawsuit. (City Attorney)
12/07/2010; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
16. 101458 [Administrative Code - Extending Operation of Voting Systems Task Force]
Sponsor: Campos
Ordinance amending the San Francisco Administrative Code by amending Sections
5.400 and 5.410 and adding Section 5.415 to extend the operation of the Voting Systems
Task Force to June 30, 2011.
12/07/2010; 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 Budget and Finance Committee
Present: Supervisors Avalos, Mirkarimi, Elsbernd
17. 101125 [Golden Gate Park Music Concourse Garage Refinance]
Sponsor: Mar
Resolution concurring in the recommendation of the Controller and the Director of the
Office of Public Finance that the issuance of not to exceed $30,000,000 Tax Exempt
Bank Qualified Bonds ("Bonds") with First Republic Bank for and on behalf of the Music
Concourse Community Partnership, a California nonprofit public benefit corporation, is
reasonably prudent; directing the Controller and the Director of the Office of Public
Finance to do everything necessary and desirable to provide for the issuance of such
Bonds; and providing public approval for the Bonds and the project financed and
refinanced thereby for the purposes of Section 147(f) of the Internal Revenue Code.
12/07/2010; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
From the Budget and Finance Committee Without Recommendation
Present: Supervisors Avalos, Elsbernd
18. 101311 [Administrative Code - San Francisco Local Hiring Policy for Construction]
Sponsors: Avalos; Mirkarimi, Campos and Daly
Ordinance amending the San Francisco Administrative Code Chapter 6, Public Works
Contracting Policies and Procedures, Subsection 6.22(G) to: 1) establish a local hiring
policy for City public work or improvement projects requiring contractors and their
subcontractors to perform certain percentages of project work hours using San
Francisco residents and disadvantaged San Francisco residents; 2) making findings in
support of the policy; 3) authorizing incentives for contractors and subcontractors who
exceed local hiring requirements; 4) mandating assessment of liquidated damages
against contractors and subcontractors who fail to meet minimum local hiring
requirements; and 5) establishing monitoring, enforcement, and administrative
procedures in support of the policy.
(Economic Impact; Fiscal impact.)
12/07/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
12/07/2010; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors Chu, Avalos, Dufty
19. 101310 [Public Works Code - Regulation of Freestanding Newsracks and Fixed
Pedestal Newsracks]
Sponsor: Alioto-Pier
Ordinance amending the San Francisco Public Works Code by amending Sections
184.2, 184.6, 184.8, and 184.12 thereof, relating to newsracks, to provide for: (1) the use
of electronic mail for notices of violations; (2) removal of abandoned newsracks or
newsracks maintained in violation of the Public Works Code within 7 calendar days of
notice of violation sent by electronic mail; (3) imposition of administrative fines for
violations resulting in newsrack seizures; (4) consolidation and/or reduction in size of
fixed pedestal newsracks at under-used locations; (5) allocation of space in newsrack
boxes on a first-come-first-served basis under certain circumstances; and (6) reduction
of the fixed pedestal permit fee from $60 to $50.
12/07/2010; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, Mar, Chiu
20. 100046 [Planning Code, Administrative Code - Amending Inclusionary Housing
Ordinance]
Sponsors: Mayor; Chiu and Campos
Ordinance amending the Planning Code and Administrative Code by amending the
Residential Inclusionary Affordable Housing Program, Planning Code Section 415 et seq.
(formerly Code Section 315 et seq.) (the "Program") to change the name of the Program
to the Affordable Inclusionary Affordable Housing Program and to require all project
applicants to pay the Affordable Housing Fee unless they are eligible for an alternative;
making other amendments to the Program including expanding the uses of the Citywide
Affordable Housing Fund, deleting provisions relating to certain requirements for off-site
units, and deleting provisions requiring a refund of fees after issuance of certificate of
occupancy; amending Sections 416 and 417 to make conforming amendments to the
Inclusionary Affordable Housing Program; amending the Van Ness Market Special Use
District, Section 249.33, to delete the provision that a project sponsor may only meet up
to 50% of the Program's requirements through payment of the fee; amending Section
827 to delete the requirement that 50% of on- or off-site affordable housing units
provided under Section 415 et seq. in the Rincon Hill Area Plan be provided as rental;
amending the Administrative Code by amending Chapter 56 related to Development
Agreements to create certain exceptions from its requirements for rental housing
developments with on-site inclusionary units; and making findings including findings
under the California Environmental Quality Act.
11/02/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
11/02/2010; RE-REFERRED AS AMENDED to the Land Use and Economic Development Committee.
12/07/2010; AMENDED.
12/07/2010; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
21. 101094 [Administrative Code - Child Care Centers for City Projects and City-Funded
Private Projects]
Sponsors: Dufty; Alioto-Pier, Chiu, Mar, Maxwell and Campos
Ordinance amending the San Francisco Administrative Code by adding Chapter 29B to
require a City agency, or a private developer that receives City funds for a development
project, as defined, to prepare a feasibility study for providing an on-site child care center
whenever it plans to construct or purchase a building, lease more than 50 percent of
space in a private building for an initial term of more than one year, or alter more than 50
percent of the space in an existing building; adopting findings, including environmental
findings.
12/07/2010; AMENDED.
12/07/2010; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
22. 101095 [Planning Code - Affordable Housing Program Exemption for Qualified
Student Housing]
Sponsors: Dufty; Campos
Ordinance amending the Residential Inclusionary Affordable Housing Program, Planning
Code Sections 415 et seq. to exempt certain Qualified Student Housing Projects, as
defined, if the project meets certain requirements; adding corresponding definitions to
Section 401; and making findings including environmental findings.
(Economic Impact.)
12/07/2010; AMENDED.
12/07/2010; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety Committee
Present: Supervisors Chiu, Mirkarimi, Elsbernd
23. 100455 [Environment Code - San Francisco Safe Drug Disposal Ordinance]
Sponsor: Mirkarimi
Ordinance amending the San Francisco Environment Code by adding Chapter 22,
Sections 2201 through 2211, to: require any person who produces a drug offered for sale
in San Francisco to participate in an approved drug stewardship program for the
collection and disposal of unwanted drugs from residential sources; provide for
implementation, enforcement, fees, and penalties; and phase-in the application of the
Chapter to non-prescription drugs and controlled substances; and making environmental
findings.
(Supervisor Elsbernd dissented in Committee.)
10/26/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
10/26/2010; CONTINUED AS AMENDED ON FIRST READING.
11/23/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
11/23/2010; CONTINUED AS AMENDED ON FIRST READING.
12/07/2010; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 12 Printed at 4:55 pm on 12/9/10
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Avalos, Mirkarimi, Elsbernd
24. 101148 [Visitacion Valley Infrastructure Fee Revenue Appropriation - Public Library
and Department of Public Works for FY2010-2011- $2,385,068]
Sponsor: Maxwell
Ordinance appropriating $2,385,068 of Visitacion Valley Infrastructure Fee revenue from
the Visitacion Valley Infrastructure Fund, including $2,169,200 in the Public Library for
the Visitacion Valley Branch Library Project and $215,868 in the Department of Public
Works, for the planning and design of utility undergrounding on Leland Avenue for
FY2010-2011, and placing $1,156,304 on Controller’s reserve in the Public Library
pending receipt of Visitacion Valley Infrastructure Fee revenue.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
25. 101444 [Accept and Expend Grant - Chinatown Broadway Streetscape Improvement
Design Plan - $250,000]
Sponsor: Chiu
Ordinance authorizing the San Francisco Planning Department to accept and expend a
grant in the amount of $250,000 from the California Department of Transportation,
Division of Transportation Planning for the FY 2010-2011 Environmental Justice Grant
for the Chinatown Broadway Streetscape Improvement Design Plan, and amending
Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of
one (1) limited duration Job Class 5293 Planner IV, grant funded position (0.06 FTE), in
the Planning Department.
Question: Shall this Ordinance be PASSED ON FIRST READING?
26. 101446 [Accept and Expend Grant - Central Corridor Growth Strategy and Design
Plan - $250,000]
Sponsor: Mayor
Ordinance authorizing the San Francisco Planning Department to accept and expend a
grant in the amount of $250,000 from the California Department of Transportation,
Division of Transportation Planning, for the CalTrans Community-Based Transportation
Grant for the Central Corridor Growth Strategy and Design Plan, and amending
Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of
one (1) limited duration Job Class 5293 Planner IV, grant funded position (0.15 FTE), in
the Planning Department.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
27. 100598 [Real Property Lease - 238 Eddy Street]
Resolution authorizing the Master Lease of the Windsor Hotel at 238 Eddy Street for the
Department of Public Health. (Real Estate Department)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
28. 101346 [Airport Concession Leases - Lori’s Diner, Andale, Meyers Holdings, and H.
Young Enterprises]
Resolution approving Amendment No. 1 to Domestic Terminals Food and Beverage
Lease No. 03-0178 with Lori’s Diner International; No. 03-0179 with Andale Airports; No.
03-0181 with Meyers Holdings, LLC; and No. 03-0188 with H. Young Enterprises, and
the City and County of San Francisco, by and through its Airport Commission. (Airport
Commission)
Question: Shall this Resolution be ADOPTED?
29. 101374 [Purchase Agreement - Subsurface Easements - Bay Division Pipeline
Reliability Upgrade Project - Bay Tunnel - $650]
Resolution approving and authorizing an Agreement for Purchase and Sale of Real
Estate to obtain two permanent, exclusive, subsurface easements from Cargill, Inc., for
the purpose of constructing the San Francisco Public Utilities (SF PUC) Commission
Water System Improvement Program-Funded Project No. CUW36801, Bay Division
Pipeline Reliability Upgrade - Bay Tunnel, for a purchase price of $650; adopting
environmental findings under the California Environmental Quality Act (CEQA), CEQA
Guidelines, and Administrative Code Chapter 31; adopting findings of consistency with
City Planning Code Section 101.1; and authorizing the General Manager of SFPUC to
execute documents, make certain modifications and take certain actions in furtherance
of this resolution. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?
30. 101375 [Construction Management Services Agreement - San Francisco General
Hospital Rebuild Program - Not to Exceed $16,400,000]
Resolution authorizing the Director of Public Works to execute an amendment to a
professional construction management services agreement for the San Francisco
General Hospital Rebuild Program from $8,000,000 to $16,400,000. (Public Works
Department)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
31. 101460 [Airport Concession Lease - Melshire DFW, L.P.]
Resolution approving the Terminal 2 Specialty Store Lease between Melshire DFW, L.P.
dba Natalie’s Candy Jar, and the City and County of San Francisco, acting by and
through its Airport Commission. (Airport Commission)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
32. 101461 [Contract Amendment - Sunol Valley Regional Construction Management
Services - Water System Improvement Program Projects - Not to Exceed
$19,000,000]
Resolution authorizing an amendment to the San Francisco Public Utilities Commission
contract CS- 915R for Sunol Valley Regional Construction Management Services in the
amount not to exceed $3,000,000, for a total agreement not to exceed amount of
$19,000,000 to fund Construction Management Services for Bioregional Habitat
Restoration actions required for various Water System Improvement Program Projects
within the Sunol Valley Region, Alameda County, pursuant to Charter Section 9.118, and
adopting findings pursuant to the California Environmental Quality Act. (Public Utilities
Commission)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
33. 101462 [Contract Amendment - Peninsula Habitat Restoration Construction
Management Services - Water System Improvement Program Projects - Not to
Exceed $26,000,000]
Resolution authorizing an amendment to the San Francisco Public Utilities Commission
Contract No. CS- 916 for Peninsula Regional Construction Management Services in the
amount not to exceed $ 4,000,000, for a total agreement not to exceed amount of
$26,000,000 to fund Construction Management Services for Bioregional Habitat
Restoration actions required for various Water System Improvement Program Projects
within the Peninsula Region, San Mateo County, pursuant to Charter Section 9.118, and
adopting findings pursuant to the California Environmental Quality Act. (Public Utilities
Commission)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Maxwell, Mar, Chiu
34. 101006 [Administrative Code - Revisions to Local Business Enterprise Ordinance]
Sponsors: Chu; Chiu
Ordinance amending Administrative Code Chapter 14B to increase minimum competitive
amount for general services contracts to $400,000; to clarify ownership requirements for
certification of local businesses with no single majority owner and make other
clarifications to address certification of businesses under common ownership or with
multiple locations; to clarify requirements for setting aside contracts under the mandatory
Micro-LBE Set-Aside program; to exclude contracts under the threshold amount or
minimum competitive amount from good faith efforts outreach and documentation
requirements; to simplify and coordinate reporting requirements; to re-authorize the
Treasurer to negotiate financial instruments in support of the Surety Bond and Financial
Assistance Program after these provisions were inadvertently rescinded; and to make
technical corrections.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
35. 101007 [Administrative Code - Revising Requirements for Purchasing Goods and
Services]
Sponsors: Chu; Chiu
Ordinance amending Administrative Code Chapters 21 and 21C to conform Purchasing
requirements to Administrative Code Chapter 14B by defining minimum competitive
amounts of $100,000 for professional services and commodities contracts and $400,000
for general services contracts, clarify "bid-splitting," and make miscellaneous changes to
City procurement requirements; to clarify information technology purchases; to update
and conform references to Administrative Code Chapter 14B; to rescind the Sealer of
Weights and Measures' authority under Section 21.32 to donate food purchases; to
rescind the local tax adjustment set forth in Administrative Code Chapter 21C; to enact a
new Section 21.32 to adjust bids likely to result in local sales tax revenue; to reenact and
renumber Administrative Code Sections 21.25, 21.25-1, 21.25-2, 21.25-3, 21.25-4, and
21.25-x regarding prevailing wage requirements as Chapter 21C; and to make certain
technical corrections.
Question: Shall this Ordinance be PASSED ON FIRST READING?
36. 101091 [Planning Code - Notice Requirement for "Other Entertainment Uses" in the
Van Ness Avenue Special Use District]
Sponsors: Alioto-Pier; Chiu
Ordinance amending the San Francisco Planning Code by amending Section 243 to
require notice for "Other Entertainment Uses" in the Van Ness Avenue Special Use
District; adopting findings, including findings under Section 302 of the Planning Code,
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?
37. 101449 [Rehabilitation of Building 813 in the Hunters Point Shipyard Redevelopment
Project Area - $7,258,890]
Sponsor: Maxwell
Resolution making findings under Section 33445 of the California Health and Safety
Code and consenting to the Redevelopment Agency of the City and County of San
Francisco’s payment of funds in the amount of $7,258,890 for the pre-development and
rehabilitation of Building 813 in the Hunters Point Shipyard Redevelopment Project Area.
Question: Shall this Resolution be ADOPTED?
Recommendations of the Rules Committee
Present: Supervisors Campos, Mar
38. 101472 [Appointments, SOMA Community Stabilization Fund Community Advisory
Committee - Conny Ford, Ada Chan, Allan Manalo, Judith Baker, and Thomas
Temprano]
Motion appointing Conny Ford, Ada Chan, Allan Manalo, Judith Baker, and Thomas
Temprano, terms ending April 27, 2011 and April 27, 2012, to the SOMA Community
Stabilization Fund Community Advisory Community. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
39. 101477 [Appointment, Workforce Investment Community Advisory Committee - Sheryl
Davis]
Motion appointing Sheryl Davis, term ending February 19, 2012, to the Workforce
Investment Community Advisory Committee. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 2:30 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Pursuant to Board Rules 2.24 and 5.30.)
40. 101540 [Public Hearing - Appointment of Mark Dunlop to the Treasure Island
Development Authority Board of Directors]
Hearing of persons interested in or objecting to proposed Motion either approving or
rejecting the appointment of Mark Dunlop to the Treasure Island Development Authority
Board of Directors. (Clerk of the Board)
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
(Only one of the following two motions should be approved.)
41. 101541 [Appointment, Treasure Island Development Authority Board of Directors -
Mark Dunlop]
Motion approving the Mayor’s appointment of Mark Dunlop to the Treasure Island
Development Authority Board of Directors, for the unexpired portion of a four-year term
ending February 26, 2012. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
42. 101542 [Appointment, Treasure Island Development Authority Board of Directors -
Mark Dunlop]
Motion rejecting the Mayor’s appointment of Mark Dunlop to the Treasure Island
Development Authority Board of Directors, for the unexpired portion of a four-year term
ending February 26, 2012. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
SPECIAL ORDER 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Pursuant to File No. 101353, approved November 2, 2010.)
43. 101354 [Public Hearing - Resolution to Establish the Ocean Avenue Community
Benefits District]
Sponsor: Avalos
Hearing of persons interested in or objecting to proposed Resolution establishing a
property-based business improvement district to be known as the “Ocean Avenue
Community Benefits District,” ordering the levy and collection of assessments against
property located in that district for fifteen years commencing with FY2010-2011, subject
to conditions as specified, and making environmental findings.
11/16/2010; CONTINUED.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
44. 101355 [Resolution to Establish the Ocean Avenue Community Benefits District]
Sponsor: Avalos
Resolution establishing a property-based business improvement district to be known as
the “Ocean Avenue Community Benefits District,” ordering the levy and collection of
assessments against property located in that district for fifteen years commencing with
FY2010-2011, subject to conditions as specified, and making environmental findings.
11/16/2010; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
SPECIAL ORDER 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Pursuant to File No. 101434, approved November 7, 2010.)
45. 101440 [Public Hearing - Ground Lease - Redevelopment Agency Land at 701 Golden
Gate Avenue to Mary Helen Rogers Senior Community, LP]
Sponsor: Daly
Hearing of persons interested in or objecting to proposed Resolution approving the
Redevelopment Agency of the City and County of San Francisco's lease of land at
Assessor's Block No. 768, Lot No. 13, commonly known as 701 Golden Gate Avenue,
southwest corner of Golden Gate Avenue and Franklin Street, San Francisco, California
in San Francisco's Western Addition neighborhood, to Mary Helen Rogers Senior
Community, LP, a California limited liability corporation, for 70 years for the purpose of
developing housing for very low-income senior households.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
46. 101437 [Ground Lease - Redevelopment Agency Land at 701 Golden Gate Avenue to
Mary Helen Rogers Senior Community, LP]
Sponsor: Daly
Resolution approving the Redevelopment Agency of the City and County of San
Francisco's lease of land at Assessor's Block No. 768, Lot No. 13, commonly known as
701 Golden Gate Avenue, southwest corner of Golden Gate Avenue and Franklin Street,
San Francisco, California in San Francisco's Western Addition neighborhood, to Mary
Helen Rogers Senior Community, LP, a California limited liability corporation, for 70
years for the purpose of developing housing for very low-income senior households.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
SPECIAL ORDER 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Pending approval of File No. 101465, Item No. 58.)
47. 101466 [Public Hearing - Appointment of a Successor Mayor]
Sponsor: Daly
Hearing to discuss the proposed Motion to take nominations and appoint a successor
Mayor in the event of a vacancy in the Office of the Mayor.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
48. 101467 [Appointment of a Successor Mayor]
Sponsor: Daly
Motion to take nominations and appoint a successor Mayor in the event of a vacancy in
the Office of the Mayor.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
SPECIAL ORDER 3:00 P.M.
(Pursuant to Board Rule 6.21.)
49. 101534 [Board of Supervisors Seniority]
Lottery to determine the seniority of the newly elected Members of the Board of
Supervisors scheduled for the regularly scheduled Board Meeting of Tuesday, December
14, 2010, at 3:00 p.m., pursuant to Board Rule 6.21. (Clerk of the Board)
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the City Operations and Neighborhood
Services Committee at a Regular Meeting on Monday, December 13, 2010, at 10:30 a.m.
The Chair intends to request the Committee to send the following items to the Board as a
committee report on Tuesday, December 14, 2010.
50. 100761 [Environment Code - Restrictions on Pesticide Use]
Sponsors: Mayor; Alioto-Pier
Ordinance amending the San Francisco Environment Code by amending Sections 300,
301, 302, 303, 304, 305, 306, and 308, adding Section 310, and repealing Section 307,
all to strengthen restrictions on the use of pesticides on City property, and making
environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
51. 101419 [Environment Code - Cell Phones; Retailers' Duty to Disclose Specific
Absorption Rate Values]
Sponsor: Mar
Ordinance amending the San Francisco Environment Code by amending Sections 1103
and 1105, to require cell phone retailers to provide customers upon request with
factsheets regarding Specific Absorption Rate values for cell phones and the use of cell
phones, and to delay the enforcement date for certain provisions of the Chapter 11, the
"Cell Phone Right-to-Know Ordinance," and making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
The following items will be considered by the Budget and Finance Committee at a
Recessed Meeting on Monday, December 13, 2010, at 1:000 p.m. The Chair intends to
request the Committee to send the following items to the Board as a committee report on
Tuesday, December 14, 2010.
52. 101463 [Settlement of Lawsuit - Lexington Insurance - City to Receive $2,750,000;
Appropriating Settlement Proceeds]
Ordinance authorizing settlement of the lawsuit entitled City and County of San Francisco
v. Lexington Insurance Company, San Francisco County Superior Court Case No:
CGC-10-498967 (Action), removed to United States District Court, N.D. Cal., Case No:
3:10-CV1-02188-SI, arising from an insurance coverage dispute involving a claims-made
Designers and Construction (i.e., professional liability) Project Specific Professional
Liability and Pollution Liability Policy issued by Lexington Insurance Company (Lexington)
to the San Francisco Public Utilities Commission for the period February 1, 2002, to
February 1, 2006, policy number 1152114 (Lexington Policy), calling for payment of
$2,750,000 from Lexington to the City and County of San Francisco and including other
material terms of said settlement: (1) Lexington will have no further obligations under the
Lexington Policy and said policy shall be considered null and void and of no further force
and effect; (2) San Francisco will defend and hold harmless and indemnify Lexington
from and against any demand against Lexington made under the Lexington Policy; (3) all
parties will execute a mutual release; (4) San Francisco will execute and file a dismissal
of all claims with prejudice; (5) the City and Lexington each shall bear its own legal costs
and fees arising from this action; and appropriating the full proceeds from the settlement
to fund the San Francisco Public Utilities Commission's attorney fees and legal expenses
related to certain pending litigation matters. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
53. 101259 [34th America's Cup Host City Agreement and Finding of Fiscal Feasibility]
Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Chu, Dufty and Maxwell
Resolution approving a Host City and Venue Agreement among the City, the America's
Cup Event Authority and the San Francisco America's Cup Organizing Committee;
authorizing the Mayor or his designee and the Port to execute the Host City and Venue
Agreement; authorizing and urging the Mayor, Office of Economic and Workforce
Development, Port and such other City Officials as appropriate to take such steps and
execute such additional agreements as are consistent with the Host City and Venue
Agreement and this Resolution to bring the 34th America's Cup to the San Francisco
Bay; and finding that the proposed Event is fiscally feasible as set forth in Administrative
Code Chapter 29.
(Economic Impact, Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
54. 101488 [Assessment Ballots for City Parcels to Form the Proposed Civic Center
Community Benefit District]
Sponsor: Mayor
Resolution authorizing the Mayor to cast ballots in the affirmative on behalf of the City
and County of San Francisco as owner of 11 parcels of real property over which the
Board of Supervisors has jurisdiction, where those parcels would be subject to
assessment in the proposed property and business improvement district to be named the
Civic Center Community Benefit District.
Question: Shall this Resolution be ADOPTED?
The following items will be considered by the Land Use and Economic Development
Committee at a Regular Meeting on Monday, December 13, 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, December 14, 2010.
55. 100041 [Public Works Code, Administrative Code - Personal Wireless Service Facility
Site Permits and Associated Fees]
Sponsors: Avalos; Campos and Mar
Ordinance amending the San Francisco Public Works Code by: (1) adding Article 25,
Sections 1500 through 1528, to establish new requirements for Personal Wireless
Service Facility Site Permits and to increase certain fees for obtaining such permits, (2)
amending the San Francisco Administrative Code by amending Chapter 11, Article 1,
Section 11.9, to eliminate obsolete provisions related to such permits, (3) making the
provisions of the ordinance retroactive, and (4) making environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
56. 100495 [Administrative Code - California Environmental Quality Act Procedures,
Appeals, and Public Notice]
Sponsor: Alioto-Pier
Ordinance amending Administrative Code Chapter 31 to provide for appeals to the Board
of Supervisors of certain environmental documents and determinations under the
California Environmental Quality Act, to clarify procedures and to provide public notice of
environmental documents and determinations.
Question: Shall this Ordinance be PASSED ON FIRST READING?
57. 101247 [Planning Code - Update the Visitacion Valley Community Facilities and
Infrastructure Fee and Fund]
Sponsor: Maxwell
Ordinance amending the San Francisco Planning Code by amending Sections 420.1
through 420.5 to update the Visitacion Valley Community Facilities and Infrastructure Fee
and Fund and to conform the program with other Area Plan fee programs; making
conforming changes to Sections 401 (definitions) and 406 (waiver, reduction, or
adjustment of development project requirements); and making findings, including
environmental findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 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 58 through 66
58. 101465 [Committee of the Whole - Public Hearing to Take Nominations and Appoint a
Successor Mayor in the Event of a Vacancy in the Office of the Mayor]
Sponsor: Daly
Motion that the Board of Supervisors convene as a Committee of the Whole on
December 14, 2010, at 3:00 p.m., to discuss the proposed Motion to take nominations
and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor.
11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
11/23/2010; AMENDED.
11/23/2010; CONTINUED AS AMENDED.
12/07/2010; AMENDED.
12/07/2010; CONTINUED AS AMENDED.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
59. 101528 [Condemning Anti-Italian Remarks at the Planning Commission]
Sponsor: Alioto-Pier
Resolution condemning remarks of Commissioner Hisashi Sugaya that deeply offended
members of the Italian-American community, and urging members of City boards and
commissions to treat members of the public with respect.
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
60. 101529 [Supporting the KPFA Morning Show]
Sponsors: Avalos; Campos, Mar and Mirkarimi
Resolution expressing concern about recent layoffs of the KPFA Morning Show staff and
urging Pacific Radio, KPFA’s local board, the staff members and their union to find a
solution to the current programming crisis.
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
61. 101530 [Tax-Exempt Revenue Obligation Bonds - the San Francisco School - Not to
Exceed $5,000,000]
Sponsor: Campos
Resolution approving the issuance of tax-exempt revenue obligation bonds by the
California Enterprise Development Authority in an aggregate principal amount not to
exceed $5,000,000 to finance and refinance various capital facilities owned by the San
Francisco School.
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
62. 101531 [Application for Mortgage Credit Certificates]
Sponsor: Chu
Resolution authorizing an application to the California Debt Limit Allocation Committee to
permit the issuance of Mortgage Credit Certificates.
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
63. 101532 [Accept and Expend Grant - Daraja Academy Project - $16,000]
Sponsor: Chu
Resolution authorizing the San Francisco Arts Commission to retroactively accept and
expend a grant in the amount of $16,000 from the San Francisco Foundation’s donor
advised “Do a Little Fund” for the Daraja Academy Project. (Arts Commission)
12/07/2010; 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, December 14, 2010
64. 101533 [Accept and Expend Grant - Environment Now - $10,000]
Sponsor: Mar
Resolution authorizing the Department of the Environment to retroactively accept and
expend a grant in the amount of $10,000 from the Altamont Education Advisory Board to
support Environment Now, an environmental stewardship and workforce development
program. (Environment)
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
65. 101501 [Final Map 5461 - Hunters View]
Motion approving Final Map No. 5461, a 5-lot subdivision for condominium purposes,
being a 219 unit residential condominium project; approving a Public Improvement
Agreement related to the Final Map; and adopting findings pursuant to the General Plan
and City Planning Code Section 101.1 and the Hunters View Development Documents.
(Public Works Department)
12/07/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
66. 101525 [Committee of the Whole - Public Hearing to Establish the Civic Center
Community Benefit District]
Sponsor: Mayor
Motion directing the Board of Supervisors to hold a public hearing on January 4, 2011, at
3:00 p.m., with the Board sitting as a Committee of the Whole, to consider adopting a
Resolution to establish the Civic Center Community Benefit District.
12/07/2010; 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:_________________________________________
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
67. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
is a need to take immediate action. The need to take action came to the attention of the City and
County of San Francisco after the agenda was posted.
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED RESOLUTIONS
Proposed resolutions received from November 30, 2010, to December 6, 2010, for
reference by President to appropriate committee on December 14, 2010.
101502 [Professional Services Agreement - Terminal 2/Boarding Area D Renovations -
Not to Exceed $16,850,000]
Resolution approving Modification No. 5 to the Professional Services Agreement for
Construction Management Services for Terminal 2/Boarding Area D Renovations and
Related Facilities in the amount of $1,710,000 for a new total contract amount not to
exceed $16,850,000. (Airport Commission)
12/01/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
101503 [Airport Concession Lease - Books, Inc.]
Resolution approving Amendment No. 2 to North Terminal Bookstore Lease No. 00-0176
between Books, Inc., and the City and County of San Francisco, acting by and through its
Airport Commission. (Airport Commission)
12/01/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
101504 [Airport Concession Lease - Museum of Modern Art]
Resolution approving the International Terminal Museum/Gallery Store Lease between
San Francisco Museum of Modern Art and the City and County of San Francisco, acting
by and through its Airport Commission. (Airport Commission)
12/01/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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101505 [Purchase Agreement - Permanent Access Road Easement - Stanislaus
County - $13,000]
Resolution (1) approving and authorizing an agreement for the purchase of a permanent
access road easement totaling 2.16 acres over portions of Assessor's Parcel Numbers
016-002-017, 016-002-018 and 016-002-44 located in Stanislaus County, required for the
San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $13,000;
(2) adopting findings under the California Environmental Quality Act; (3) 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 (4) authorizing the Director of Property to
execute documents, make certain modifications and take certain actions in furtherance
of this Resolution. (Real Estate Department)
12/02/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
101506 [Master Lease - Hotel Le Nain at 730 Eddy Street]
Resolution authorizing the Master Lease of the Hotel Le Nain at 730 Eddy Street for the
Department of Public Health. (Real Estate Department)
12/06/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
101521 [Petitions and Communications]
Petitions and Communications received from November 30, 2010, through December 6,
2010, for reference by the President to Committee considering related matters, or to be
ordered filed by the Clerk on December 14, 2010.
From concerned citizens, submitting support for closing the recycling center next to
Kezar Stadium. File No. 101491, 17 letters (1)
From Edwina Smith, submitting support for the Safe Drug Disposal Ordinance. File No.
100455 (2)
From Department of Elections, submitting the November 2, 2010, Consolidated General
Election Certification of Election Results. Copy: Each Supervisor (3)
From concerned citizens, submitting support for the recology plan to transport San
Francisco’s landfill by rail to the Ostrom Road facility in Yuba County. File No. 101225,
Copy: Budget and Finance Committee Members and Clerk, 3 letters (4)
From Larry Monast, regarding developers using the Ellis Act to evict tenants in San
Francisco. Copy: Each Supervisor (5)
From Tom Scharffenberger, urging the Board of Supervisors to close Sharp Park golf
course and restore endangered species habitats. (6)
From Teresa Welborn, submitting copy of letter sent to the SF Apartment Association
regarding the Haight Ashbury Neighborhood Council‘s Recycling Center and Native Plant
Nursery. File No. 101491, Copy: Each Supervisor, City Operations and Neighborhood
Committee Clerk (7)
From Office of the Controller, submitting its audit report on Crystal Springs Golf Partners
lease with the Public Utilities Commission. (8)
From Edward Morris, submitting copy of proposal sent to U.S. Senators McCain and
Feinstein to suspend the Passenger Vessel Services Act of 1886. Copy: Budget and
Finance Committee Members and Clerk (9)
From Public Utilities Commission, submitting amendments to the “Rules for Water
Efficient Irrigation." File No. 101079, Copy: Each Supervisor (10)
From Department of Public Health, submitting the Mental Health Services Act Five Year
Report. (11)
From Department on the Status of Women, urging the Board of Supervisors to support
the proposed legislation to increase convictions of perpetrators of sexual assault. File
No. 101349 (12)
From Andrew Zollman, regarding violations of the California Retail Food Code’s
prohibition on live animals at the Heart of the City Farmers’ Market in U.N. Plaza. (13)
From Office of the Mayor, returning the Healthcare Services Master Plan legislation
unsigned. File No. 101057, Copy: Each Supervisor (14)
From Cal Tilden, submitting opposition to an “out of state” contractor/operators entering
into an agreement/lease with Stow Lake Boathouse, LLC, for the operation of the Stow
Lake Boathouse Concession Management of the Harding Park Golf Course. File No.
101416 (15)
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Board of Supervisors Meeting Agenda Tuesday, December 14, 2010
From concerned citizens, submitting opposition to the current proposed Master Plan for
St. Luke’s Hospital and the new Cathedral Hill Facility. 2 letters (16)
From Emily Murase, submitting support for proposed legislation to amend the
Administrative Code by adding Chapter 29B that would likely increase the number of
childcare centers in San Francisco. File No. 101094 (17)
From Office of the Mayor, submitting the appointment of Florence Kong to the City Hall
Preservation Advisory Commission. Copy: Each Supervisor, City Attorney, Rules
Committee Clerk (18)
From Office of the Mayor, submitting the appointments of Karl Hasz, Richard Johns and
Andrew Wolfram to the Historic Preservation Commission. Copy: Each Supervisor, City
Attorney, Rules Committee Clerk (19)
From Office of the Mayor, submitting the appointment of Leona Bridges to the Municipal
Transportation Agency Board of Directors. Copy: Each Supervisor, City Attorney, Rules
Committee Clerk (20)
From Office of the Mayor, submitting the appointment of Leslie Katz to the Port
Commission. Copy: Each Supervisor, City Attorney, Rules Committee Clerk (21)
From Office of the Mayor, submitting the appointment of Vince Courtney to the Public
Utilities Commission. Copy: Each Supervisor, City Attorney, Rules Committee Clerk
(22)
From Office of the Mayor, submitting the appointments of Harry Kim and Herb Cohn to
the Relocation Appeals Board. Copy: Each Supervisor, City Attorney, Rules Committee
Clerk (23)
From San Francisco Tomorrow, submitting support for the recycling center at its present
location next to Kezar Stadium. File No. 101491, Copy: Each Supervisor, City
Operations and Neighborhood Committee Clerk (24)
From concerned citizens, urging the Board of Supervisors to take action to overturn the
sidewalk sitting ban. Approximately 140 letters (25)
From Office of the Controller, submitting its audit report on the Airport Commission’s
monitoring and billing of airline landing fees and concession tenant rents and fees.
Copy: Each Supervisor (26)
ADJOURNMENT
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