# Board of Supervisors Agenda: February 8, 2011

- Meeting date: 2011-02-08
- Document type: agenda
- Source format: PDF
- Extracted pages: 18
- [Canonical HTML transcript](https://sfbos.info/documents/2056/2011-02-08-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2011/BAG020811.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/2056/2011-02-08-agenda#page-1)

** REVISED 02/04/11 **

 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, February 8, 2011 - 2:00 PM
 Regular Meeting

 DAVID CHIU, PRESIDENT
 JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND,
 MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER

 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 Chu, Mirkarimi, Kim 11:00 AM

City and School District Select Committee 2nd and 4th Thursday
Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Murase, Norton 3:30 PM

City Operations and Neighborhood Services Committee 2nd and 4th Monday
Supervisors Avalos, Mar, Elsbernd 10:00 AM

Government Audit and Oversight Committee 2nd and 4th Thursday
Supervisors Campos, Farrell, Chiu 10:00 AM

Land Use and Economic Development Committee Monday
Supervisors Mar, Cohen, Wiener 1:00 PM

Public Safety Committee 1st and 3rd Thursday
Supervisors Mirkarimi, Cohen, Campos 10:30 AM

Rules Committee 1st and 3rd Thursday
Supervisors Kim, Elsbernd, Farrell 1:30 PM

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

### [Page 2](https://sfbos.info/documents/2056/2011-02-08-agenda#page-2)

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.

### [Page 3](https://sfbos.info/documents/2056/2011-02-08-agenda#page-3)

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.

### [Page 4](https://sfbos.info/documents/2056/2011-02-08-agenda#page-4)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the Regular January 4, 2011, Special January 7, 2011, and Inaugural
 January 8, 2011, 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 and 2

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

1. 101147 [Public Works Code - Establishment of Regulatory Controls for the Discharge
 of Fats, Oils, and Grease Into Sewers]
 Sponsor: Mar
 Ordinance amending Article 4.1 of the San Francisco Public Works Code by adding
 Sections 140 - 140.7 to provide prohibitions, limitations, and requirements for the
 discharge of fats, oils, and grease into the City’s sewerage system by food service
 establishments.
 02/01/2011; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

City and County of San Francisco Page 4 Printed at 10:29 am on 2/4/11

### [Page 5](https://sfbos.info/documents/2056/2011-02-08-agenda#page-5)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Mar, Cohen, Wiener

2. 101105 [Environment Code - Existing Commercial Buildings Energy Performance]
 Sponsors: Mayor; Chiu, Wiener and Mar
 Ordinance amending the San Francisco Environment Code by adding Chapter 20,
 Sections 2000 through 2009, to adopt the San Francisco Existing Commercial Buildings
 Energy Performance Ordinance, requiring owners of nonresidential buildings to conduct
 Energy Efficiency Audits of their properties and file Annual Energy Benchmark
 Summaries for their buildings, and making environmental findings.
 02/01/2011; 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
 There are no items.

 NEW BUSINESS

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Chu, Mirkarimi, Kim

3. 110012 [Accept and Expend Grant - Clean Energy Workforce Training Program and
 Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888]
 Sponsor: Mayor
 Ordinance authorizing the Office of Economic and Workforce Development to
 retroactively accept and expend a grant in the amount of $603,888 from the California
 Employment Development Department to support the Clean Energy Workforce Training
 Program, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011)
 to reflect the addition of one (1) grant funded 9772 Community Development Specialist
 position at 0.6 FTE in FY2010-2011 in the Office of Economic and Workforce
 Development.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

City and County of San Francisco Page 5 Printed at 10:29 am on 2/4/11

### [Page 6](https://sfbos.info/documents/2056/2011-02-08-agenda#page-6)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

4. 110071 [Waiver of the Competitive Bidding and Solicitation Requirements for a
 Contract with Environmental Science Associates for the California
 Environmental Quality Act Review of the 34th America's Cup Event]
 Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and
 Mar
 Ordinance approving a waiver of the competitive bidding and solicitation requirements of
 Chapter 6 and Chapter 21 of the San Francisco Administrative Code for a contract with
 Environmental Science Associates for California Environmental Quality Act review of the
 34th America’s Cup Event and coordinating and developing submittals for associated
 federal and state permits.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

5. 110072 [Accept and Expend Grant - Federal Green Jobs Workforce Development
 Training Project and Amendment to the Annual Salary Ordinance for
 FY2010-2011 - $238,000]
 Sponsor: Mayor
 Ordinance authorizing the Office of Economic and Workforce Development to
 retroactively accept and expend a grant in the amount of $238,000 from the United
 States Department of Labor Employment and Training Administration to fund the Green
 Jobs Workforce Development Training Project, and amending Ordinance No. 191-10
 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded
 1824 Principal Administrative Analyst at 0.5 FTE in FY2010-2011 in the Office of
 Economic and Workforce Development.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

6. 101595 [Sale Agreement - Permanent and Temporary Easements for Highway 84
 Improvement Project in Alameda County - $6,000]
 Resolution approving and authorizing an agreement for the sale and conveyance of
 property rights in fee interest, two nonexclusive permanent easements and three
 temporary easements over portions of Assessor’s Parcel Numbers 85A-5400-2-3 and
 507-762-005-00 located in Alameda County under the jurisdiction of the San Francisco
 Public Utilities Commission to State of California acting through its California Department
 of Transportation for a purchase price of $6,000 which includes $2,500 payment for City
 and County of San Francisco’s administration and legal fees; adopting SFPUC’s
 Resolution 10-0094; further adopting findings that the conveyance is in conformity with
 the City’s General Plan Referral as required by Section 4.105 of the Charter and Section
 2A.53 of the Administrative Code; is consistent with the Eight Priority Policies of City
 Planning Code Section 101.1; adopting that the sale/conveyance is “Categorically
 Exempt” from environmental review under Class 12-Surplus Government Property Sales
 under CEQA Guidelines; and authorizing City’s 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?

City and County of San Francisco Page 6 Printed at 10:29 am on 2/4/11

### [Page 7](https://sfbos.info/documents/2056/2011-02-08-agenda#page-7)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

7. 110013 [Accept and Expend Grant - Community Services Block Grant - $750,000]
 Sponsor: Mayor
 Resolution authorizing the Office of Economic and Workforce Development to
 retroactively accept and expend a Community Services Block Grant in the amount of
 $750,000 from the California State Department of Community Services and
 Development, through the Economic Opportunity Council, to support CityBuild, the
 Summer Youth Employment Program, and RAMP SF.

 Question: Shall this Resolution be ADOPTED?

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

8. 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood
 Commercial District; Extension of Market and Octavia Community
 Infrastructure Fee Area]
 Ordinance amending the San Francisco Planning Code by amending Sections 134,
 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5,
 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District
 and to extend the Market and Octavia impact fees area to include the portion of the
 Upper Market Street Neighborhood Commercial District lying outside the Market and
 Octavia Plan area; grandfathering certain pipeline projects from payment of the
 infrastructure fee; and adopting findings, including environmental findings, Section 302
 findings, and findings of consistency with the General Plan and the Priority Policies of
 Planning Code Section 101.1. (Planning Commission)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 SPECIAL ORDER 3:00 P.M.

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Chu, Kim

9. 110036 [Adoption of Guidelines for the Establishment and Use of Infrastructure
 Financing Districts]
 Sponsors: Elsbernd; Kim
 Resolution adopting guidelines for the establishment and use of Infrastructure Financing
 Districts in the City and County of San Francisco.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 7 Printed at 10:29 am on 2/4/11

### [Page 8](https://sfbos.info/documents/2056/2011-02-08-agenda#page-8)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

10. 101559 [Approving the Infrastructure Financing Plan - Rincon Hill Area]
 Sponsor: Mayor
 Resolution approving the Infrastructure Financing Plan for City and County of San
 Francisco Infrastructure Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

 Board of Supervisors Sitting as a Committee of the Whole
 (Pursuant to Resolution File No. 101571, adopted January 4, 2011.)

11. 110132 [Hearing - Infrastructure Financing District No. 1 - Rincon Hill Area]
 Hearing of persons interested in or objecting to the proposed legislation: (1) creating the
 Infrastructure Financing District and adopting the Infrastructure Financing Plan for
 Infrastructure Financing District No. 1 (Rincon Hill Area); (2) calling for a special election
 and declaring the results for the Infrastructure Financing District No. 1 (Rincon Hill Area);
 and (3) authorizing the issuance of bonds for the Infrastructure Financing District No. 1
 (Rincon Hill Area). (Clerk of the Board)

 Question: Shall this Hearing be HEARD AT PUBLIC HEARING?

 Committee of the Whole Adjourn and Report

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Chu, Kim

12. 101558 [Formation of an Infrastructure Financing District - Rincon Hill Area]
 Sponsor: Mayor
 Resolution proposing the formation of an Infrastructure Financing District for City and
 County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

13. 101562 [Intention to Issue Bonds for the Infrastructure Financing District - Rincon Hill
 Area]
 Sponsor: Mayor
 Resolution of intention to issue bonds for City and County of San Francisco Infrastructure
 Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 8 Printed at 10:29 am on 2/4/11

### [Page 9](https://sfbos.info/documents/2056/2011-02-08-agenda#page-9)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

14. 101560 [Special Election for the Infrastructure Financing District - Rincon Hill Area]
 Sponsor: Mayor
 Resolution calling for a special election for the City and County of San Francisco
 Infrastructure Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

15. 101561 [Declaring the Results of the Special Election for the Infrastructure Financing
 District - Rincon Hill Area]
 Sponsor: Mayor
 Resolution declaring the results of special election for City and County of San Francisco
 Infrastructure Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

16. 101557 [Creating an Infrastructure Financing District and Adopting an Infrastructure
 Financing Plan - Rincon Hill Area]
 Sponsor: Mayor
 Ordinance creating an Infrastructure Financing District and adopting an Infrastructure
 Financing Plan for City and County of San Francisco Infrastructure Financing District No.
 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 101563 [Authorizing Issuance of Bonds for the Infrastructure Financing District -
 Rincon Hill Area]
 Sponsor: Mayor
 Resolution authorizing the issuance of bonds for City and County of San Francisco
 Infrastructure Financing District No. 1 (Rincon Hill Area).

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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

City and County of San Francisco Page 9 Printed at 10:29 am on 2/4/11

### [Page 10](https://sfbos.info/documents/2056/2011-02-08-agenda#page-10)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

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

 The following items will be considered by the Rules Committee at a Regular Meeting on
 Thursday, February 3, 2011, at 1:30 p.m. The Chair intends to request the Committee to
 send the following items to the Board as a committee report on Tuesday, February 8,
 2011.

18. 101576 [Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive
 $75,000]
 Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San
 Francisco against Alexander A. Deanda, Gerald T. Lyons and Sheldon Morris for
 $45,000 from defendant Alexander A. Deanda and $30,000 from Gerald T. Lyons; the
 lawsuit was filed on November 24, 2008, in San Mateo Superior Court, Case No. Civ
 482-183; entitled City and County of San Francisco, et al. v. Alexander A. Deanda, et al.;
 the City has not yet settled with defendant Sheldon Morris. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 101577 [Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000]
 Ordinance authorizing settlement of the lawsuit filed by Gang Hao O'Neil and James
 O'Neil against the City and County of San Francisco for $270,000; the lawsuit was filed
 on October 5, 2009, in the San Francisco Superior Court, Case No. CGC 09-491579,
 entitled Gang Hao O'Neil and James O'Neil v. City and County of San Francisco. (City
 Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 101592 [Settlement of Lawsuit - Mackin, et al. - City to Pay $63,020 for Easement]
 Ordinance authorizing settlement of a lawsuit filed by the City and County of San
 Francisco against Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric
 Company; Fremont Bank; and Does 1 through 100, to condemn and take by right of
 eminent domain a temporary construction easement over portions of real property
 located in Sunol, California, APN 096-0001-020-03; filed May 24, 2010, in Alameda
 County Superior Court, Case No. RG-10516566; entitled City of San Francisco v.
 Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont
 Bank; and Does 1 through 100. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 110021 [Settlement of Lawsuit - Jason Davis - $4,000,000]
 Ordinance authorizing settlement of the lawsuit filed by Jason Davis against the City and
 County of San Francisco for $4,000,000; the lawsuit was filed on August 28, 2009, in
 Contra Costa Superior Court, Case No. MSC 09-02405; entitled Jason L. Davis, et al. v.
 City and County of San Francisco, et al. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

City and County of San Francisco Page 10 Printed at 10:29 am on 2/4/11

### [Page 11](https://sfbos.info/documents/2056/2011-02-08-agenda#page-11)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

22. 110050 [Settlement of Lawsuit - Toni Battle - $105,000]
 Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and
 County of San Francisco for $105,000; the lawsuit was filed on October 16, 2009, in San
 Francisco Superior Court, Case No. CGC 09-493489, entitled Battle v. City and County
 of San Francisco, et al. (City Attorney)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 The following item will be considered by the Land Use and Economic Development
 Committee at a Regular Meeting on Monday, February 7, 2011 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, February 8, 2011.

23. 110026 [Accept and Expend State Grant - Removal of Abandoned Recreational
 Watercraft - $15,200]
 Sponsor: Chiu
 Resolution authorizing the Port of San Francisco to accept and expend a grant in the
 amount of $15,200 from the California Department of Boating and Waterways,
 Abandoned Watercraft Abatement Fund, for removal and demolition of abandoned
 recreational watercraft on the Port’s waterfront.

 Question: Shall this Resolution be ADOPTED?

 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.

City and County of San Francisco Page 11 Printed at 10:29 am on 2/4/11

### [Page 12](https://sfbos.info/documents/2056/2011-02-08-agenda#page-12)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 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 24 through 35

24. 110100 [Opposing the Sale of KUSF’s FCC License to Broadcast on 90.3 FM]
 Sponsors: Mirkarimi; Mar
 Resolution recognizing the long and valuable public service of radio station KUSF,
 opposing the sale of KUSF’s FCC license to broadcast on 90.3 FM, requesting the USF
 Board of Regents to rescind the decision to transfer KUSF’s license and reinstate KUSF
 programming, and urging San Francisco’s Federal representatives to express their
 opposition to KUSF’s sale to the Federal Communications Commission.
 01/25/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 02/01/2011; CONTINUED.

 Question: Shall this Resolution be ADOPTED?

25. 110119 [Supporting Local 87 Janitors at 1 South Van Ness Avenue]
 Sponsors: Wiener; Kim, Chiu, Avalos and Cohen
 Resolution supporting reinstating the Janitors who have worked at 1 South Van Ness
 Avenue represented by Local 87.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

26. 110121 [Consolidation of Special Municipal Election with Special Statewide Election
 Anticipated for June 7, 2011]
 Sponsor: Chiu
 Resolution calling a Special Municipal Election for June 7, 2011, and consolidating that
 election with the Statewide Special Election anticipated to be held on the same date.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

27. 110122 [Commending The De Marillac Academy]
 Sponsors: Elsbernd; Kim
 Resolution commending The De Marillac Academy on the occasion of its tenth
 anniversary and commending the Academy on its outstanding educational work.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 12 Printed at 10:29 am on 2/4/11

### [Page 13](https://sfbos.info/documents/2056/2011-02-08-agenda#page-13)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

28. 110123 [Approving a 90-Day Extension for Planning Commission Review of Parking
 Controls in SoMa and Mission Bay]
 Sponsor: Kim
 Resolution extending by 90 days the prescribed time within which the Planning
 Commission may render its decision on a proposed ordinance that would amend the San
 Francisco Planning Code Sections 151, 151.1, 155, 161, 249.1, 249.23, and Part VII of
 Article 9 to: (1) remove minimum parking requirements and establish maximum parking
 limits in M-1, C-M, and South of Market districts and the Folsom and Main
 Residential/Commercial and Fourth and Freelon Streets Special Use Districts to make
 them consistent with those of neighboring districts; (2) require that non-residential and
 non-hotel parking in C-3 in the South of Market Mixed Use districts adjacent to
 Downtown maintain a fee structure which discourages long-term commuter parking; and
 (3) make parking controls in the Mission Bay Districts that are subject to the Planning
 Code consistent with requirements of neighboring districts; and making environmental
 findings, General Plan findings, and other required findings.
 02/02/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

29. 110124 [Condemning Rush Limbaugh for Mocking Chinese President Hu Jintao]
 Sponsors: Mar; Avalos, Chu, Campos, Chiu, Kim and Cohen
 Resolution condemning Rush Limbaugh for mocking the Chinese language and Chinese
 President Hu Jintao on his radio show on January 19, 2011.
 02/02/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

30. 110125 [Apply for Department of Forestry and Fire Protection Grant for Fruit Bearing
 Trees]
 Sponsor: Mayor
 Resolution authorizing the Department of the Environment for the City and County of San
 Francisco to apply for funding from the Department of Forestry and Fire Protection
 (CalFire) as provided through Propositions 40 and 84 for a project to plant fruit bearing
 trees on appropriate City land.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

31. 110126 [Accept and Expend Grant - Implementation of Programs for the Prevention,
 Care, and Treatment of HIV/AIDS - $13,001]
 Sponsor: Wiener
 Resolution authorizing the Department of Public Health to retroactively accept and
 expend a grant in the amount of $13,001 from the University of California San Francisco
 to participate in a program entitled “Implementation of Programs for the Prevention,
 Care, and Treatment of HIV/AIDS” for the period of July 1, 2010, through June 30, 2011.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

City and County of San Francisco Page 13 Printed at 10:29 am on 2/4/11

### [Page 14](https://sfbos.info/documents/2056/2011-02-08-agenda#page-14)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 32. 110127 [Accept and Expend Grant - Western States Node of the National Drug Abuse
 Treatment Clinical Trials Network - $16,876]
 Sponsor: Wiener
 Resolution authorizing the Department of Public Health to retroactively accept and
 expend a grant in the amount of $16,876 from the University of California San Francisco
 to participate in a program entitled “Western States Node of the National Drug Abuse
 Treatment Clinical Trials Network” for the period of September 1, 2010, through August
 31, 2011.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 33. 110128 [Accept and Expend Grant - Integrating I-Tech International AIDS Education
 and Training Center - $20,682]
 Sponsor: Wiener
 Resolution authorizing the Department of Public Health to retroactively accept and
 expend a grant in the amount of $20,682 from the University of California San Francisco
 to participate in a program entitled “Integrating I-Tech International AIDS Education and
 Training Center” for the period of April 1, 2010, through March 31, 2011.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 34. 110129 [Accept and Expend Grant - Risk Reduction Project - $27,287]
 Sponsor: Wiener
 Resolution authorizing the Department of Public Health to retroactively accept and
 expend a grant in the amount of $27,287 from the Public Health Foundation Enterprises,
 Inc., to participate in a program entitled “Risk Reduction Project” for the period of August
 1, 2010, through July 14, 2012.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 35. 110118 [Opposing the Metropolitan Transportation Commission’s Proposal to Add
 **
Item added as of 02/04/11
 Voting Members Representing Urban Areas]
 Sponsor: Wiener
 Resolution opposing the Metropolitan Transportation Commission’s proposal to add
 voting members representing urban areas but excluding San Francisco and other large
 Bay Area cities, and urging the California State Legislature to oppose the proposal.
 02/01/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

 City and County of San Francisco Page 14 Printed at 10:29 am on 2/4/11

### [Page 15](https://sfbos.info/documents/2056/2011-02-08-agenda#page-15)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

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

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

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

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

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED ORDINANCES
 Proposed ordinances received from January 25, 2011, through January 31, 2011, for
 reference by President to appropriate committee on February 8, 2011.

 110107 [Settlement of Lawsuit - Paul Graham - $34,271.51]
 Ordinance authorizing settlement of the lawsuit filed by Paul Graham against the City and
 County of San Francisco for $34,271.51; the lawsuit was filed on March 12, 2009, in San
 Francisco Superior Court, Case No. CGC-09-486068; entitled Paul Graham, et al. v. City
 and County of San Francisco, et al. (City Attorney)
 01/27/2011; RECEIVED AND ASSIGNED to the Rules Committee.

 PROPOSED RESOLUTIONS
 Proposed resolutions received from January 25, 2011, through January 31, 2011, for
 reference by President to appropriate committee on February 8, 2011.

 110108 [Settlement of Unlitigated Claim - John Payne - $220,229]
 Resolution approving the settlement of the unlitigated claim filed by John Payne against
 the City and County of San Francisco for $220,229; claim including grievance was filed
 on July 9, 2010. (City Attorney)
 01/28/2011; RECEIVED AND ASSIGNED to the Rules Committee.

City and County of San Francisco Page 15 Printed at 10:29 am on 2/4/11

### [Page 16](https://sfbos.info/documents/2056/2011-02-08-agenda#page-16)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 110109 [Airport Lease Agreement - China Airlines, Ltd. - Building 648]
 Resolution approving and authorizing the execution of Lease No. 10-0347 with China
 Airlines, Ltd. for cargo warehouse and support office space to be occupied by China
 Airlines, Ltd. in Building 648 at San Francisco International Airport.
 01/28/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

City and County of San Francisco Page 16 Printed at 10:29 am on 2/4/11

### [Page 17](https://sfbos.info/documents/2056/2011-02-08-agenda#page-17)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 110110 [Petitions and Communications]
 Petitions and Communications received from January 25, 2011, through January 31,
 2011, for reference by the President to Committee considering related matters, or to be
 ordered filed by the Clerk on February 8, 2011.

 From Human Services Agency, regarding the Human Services Care Fund. Copy: Each
 Supervisor, Budget and Finance Committee Clerk (1)

 From concerned citizens, submitting opposition to the appointment of Richard Johns to
 the HPC. File No. 101511, Copy: Each Supervisor, 9 letters (2)

 From concerned citizens, regarding the sidewalk sitting ban. 17 letters (3)

 From Elton Pon, submitting support for proposed agreement lease with Stow Lake
 Boathouse, LLC, for the operation of the Stow Lake Boathouse Concession in Golden
 Gate Park. File No. 101416 (4)

 From James Corrigan, regarding current labor negotiations. (5)

 From Joe Cappelletti, submitting opposition to adding a local surcharge to every drink
 purchased in San Francisco. (6)

 From Arts Commission, submitting FY2010-2011 Second Quarterly Expenditures Report.
 (7)

 From State Department of Mental Health, regarding the community placement of a
 person committed as a sexually violent predator. Copy: Supervisor Wiener, City Attorney
 (8)

 From Police Department, submitting request for release of reserved funds for the COPS
 Hiring Recovery Program. Copy: Budget and Finance Committee (9)

 From James Chaffee, regarding the public library. (10)

 From Rainbow Grocery Cooperative, submitting support for proposed resolution
 opposing the sale of KUSF radio station. File No. 110100 (11)

 From Ivan Pratt, regarding public housing and the Redevelopment Agency. (12)

 From Office of the Controller, submitting its audit report on the PUC’s management of
 the Water System Improvement Program. (13)

 From Abdalla Megahed, regarding the current situation in Egypt. Copy: Each Supervisor
 (14)

 From concerned citizens, regarding the proposed agreement lease with Stow Lake
 Boathouse, LLC, for the operation of the Stow Lake Boathouse Concession in Golden
 Gate Park. File No. 101416, 5 letters (15)

 From Clerk of the Board, the following individuals have submitted a Form 700 Statement:
 (16)
 Bevan Dufty, Supervisor - leaving
 Sondra Angulo, Legislative Aide - assuming
 Megan Hamilton, Legislative Aide - assuming

 From Office of the Controller, regarding proposed Charter Amendment concerning
 increasing the compensation of the Board of Education Members. File No. 101403,
 Supervisors Kim, Elsbernd, Farrell (17)
City and County of San Francisco Page 17 Printed at 10:29 am on 2/4/11

### [Page 18](https://sfbos.info/documents/2056/2011-02-08-agenda#page-18)

Board of Supervisors Meeting Agenda Tuesday, February 8, 2011

 From Office of Citizen Complaints, submitting 2010 Annual Statistical Report. (18)

 From concerned citizens, submitting support for keeping the Haight Ashbury
 Neighborhood Council's Recycling Center open. File No. 101490, 2 letters (19)

 From Sue Vaughan, urging the Board of Supervisors to refer proposed legislation
 regarding handbills back to committee. File No. 101522 (20)

 From Gerald Cauthen, regarding Caltrain operation. (21)

 From Ace Washington, regarding Ace Washington’s contributions to San Francisco.
 Copy: Each Supervisor (22)

 From Branch Library Improvement Program, submitting the 2010 Fourth Quarterly
 Report. (23)

 ADJOURNMENT

City and County of San Francisco Page 18 Printed at 10:29 am on 2/4/11