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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, February 15, 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.
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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, February 15, 2011
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the January 11, 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 through 9
Recommendations the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
1. 110012 [Accept and Expend Grant - Clean Energy Workforce Training Program and
Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888]
Sponsors: Mayor; Mar
Ordinance authorizing the Mayor's 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 Mayor's Office of Economic and Workforce
Development.
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
2. 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.
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
3. 110072 [Accept and Expend Grant - Federal Green Jobs Workforce Development
Training Project and Amendment to the Annual Salary Ordinance for
FY2010-2011 - $238,000]
Sponsors: Mayor; Mar
Ordinance authorizing the Mayor's 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 Mayor's Office of
Economic and Workforce Development.
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Present: Supervisors Chu, Kim
4. 101557 [Creating an Infrastructure Financing District and Adopting an Infrastructure
Financing Plan - Rincon Hill Area]
Sponsors: Mayor; Kim
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.)
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
Recommendations of the Rules Committee
Present: Supervisors Kim, Elsbernd, Farrell
5. 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)
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
6. 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)
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
7. 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)
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
8. 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)
02/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
9. 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)
02/08/2011; 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
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen
10. 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood
Commercial District; Extension of Market and Octavia Community
Infrastructure Fee Area]
Sponsor: Mirkarimi
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 the new controls and
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.
02/08/2011; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
02/08/2011; PASSED ON FIRST READING AS AMENDED. Supervisor Mirkarimi requested to be added as
sponsor.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
Present: Supervisors Mar, Cohen, Wiener
11. 101522 [Public Works Code - Handbill Distribution]
Sponsor: Chiu
Ordinance amending the San Francisco Public Works Code by amending Sections
184.69, 184.70, and 184.72 to ban distribution of handbills on private premises unless
the handbills are securely placed upon or attached to and do not damage the premises,
specifying a minimum of 30-point font size for "No Handbills" signs, and replacing
criminal penalties for unlawful distribution of handbills with administrative penalties, and
making environmental findings.
02/01/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
12. 101124 [Appropriating $528,774 of Certificate of Participation Proceeds for Disability
Access Improvement Projects and Relocation Costs in the Mayor’s Office on
Disability for FY2010-2011]
Sponsor: Mayor
Ordinance appropriating $528,774 of Certificate of Participation Series 2011A proceeds,
including $477,732 to fund disability access improvements and $51,042 for temporary
relocation costs in the Board of Supervisors chambers for the Mayor’s Office on Disability
in the General Services Agency, Administrative Services, for FY2010-2011 and placing
$528,774 on Controller’s reserve pending issuance of Certificate of Participation and
$51,042 on Budget and Finance Committee Reserve pending submission of the cost
details for the temporary relocation of the Board of Supervisors meetings by the
Department of Technology and General Services Agency.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
13. 110069 [Administrative Code - Health Service System Plans and Contribution Rates
for FY2011-2012]
Sponsor: Chu
Ordinance amending the San Francisco Administrative Code, Chapter 16, Article XV, of
Part 1 by amending Section 16.703 regarding Board approval of Health Service System
Plans and Contribution Rates.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
14. 101431 [Lease - Portsmouth Plaza Parking Corporation - Portsmouth Square Garage
Operations]
Sponsor: Chiu
Resolution authorizing the Recreation and Park Department General Manager to enter
into a lease with Portsmouth Plaza Parking Corporation for the operation of the
Portsmouth Square Garage.
Question: Shall this Resolution be ADOPTED?
15. 101479 [Sale of Surplus Property - 909 Tennessee Street - $1,310,000]
Resolution approving the sale of an improved surplus property located at 909 Tennessee
Street, within Lot No. 001, Block No. 4108, City and County of San Francisco, to the
highest responsible cash bidder for a purchase price of not less than $1,310,000;
adopting findings pursuant to the California Environmental Quality Act; adopting findings
that the conveyance is consistent with the City’s General Plan and Eight Priority Policies
of City Planning Code Section 101.1; and authorizing the Director of Property to execute
documents, make certain modifications and take certain actions in furtherance of this
Resolution. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?
16. 101481 [Contract Amendment - Ambulance Billing - $20,000,000]
Resolution authorizing the San Francisco Fire Department to amend the Department’s
ambulance billing contract with ADPI West, Inc., that anticipates approximately
$20,000,000 per year in revenues, authorize the first two-year contract extension;
retroactively approve the first contract extension to July 1, 2010, and at the Department’s
discretion authorize the Department to exercise the second two-year extension for the
contract. (Fire Department)
Question: Shall this Resolution be ADOPTED?
17. 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)
Question: Shall this Resolution be ADOPTED?
18. 110020 [Airport Lease and Operating Agreement - Smarte Carte, Inc.]
Resolution approving the exercise of the last of five one-year options to extend the term
of Luggage Cart Lease and Operating Agreement No. 01-0343 between Smarte Carte,
Inc. and the City and County of San Francisco, by and through its Airport Commission.
(Airport Commission)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
19. 110052 [Construction Management Contract - Harry Tracy Water Treatment Plant
Long Term Improvements Project - Not to Exceed $16,000,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute Water System Improvement Program-funded Professional
Service Agreement No. CS-919R, Harry Tracy Water Treatment Plant Long Term
Improvements Project, Construction Management Services Staff Augmentation, with
HDR Engineering, Inc, for an amount not to exceed $16,000,000 with a term of up to 60
months, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
20. 110076 [Establishing Monthly Contribution Amount to the Health Service Trust Fund]
Sponsor: Chu
Resolution establishing monthly contribution amount to the Health Service Trust Fund.
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Cohen, Campos
21. 101120 [Police Code - Discharge of Firearms; Fireworks]
Sponsor: Mayor
Ordinance amending the San Francisco Police Code by amending Sections 1290, 4502,
and 4506, to consolidate the prohibitions on the discharge of firearms within the City and
to re-state the exceptions to those prohibitions.
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendation of the Rules Committee
Present: Supervisors Kim, Elsbernd, Farrell
22. 110037 [Confirming Appointment, San Francisco Relocation Appeals Board - Paul
Kelly]
Sponsor: Mayor
Motion confirming the appointment of Paul Kelly to the San Francisco Relocation
Appeals Board, for the unexpired portion of a three-year term ending January 2, 2012.
(Supervisor Kim dissented in Committee.)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public
hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the
appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An
appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's
consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to
schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to
deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4pm.
23. 110041 [Appeal of Determination of Exemption from Environmental Review - 795
Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los
Palmos Drive]
Hearing of persons interested in or objecting to the decision of the Planning Department
dated June 8, 2009, Case No. 2008.0558E, that a project located at 795 Foerster Street,
203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive is exempt from
environmental review under Categorical Exemption, Classes 1 and 3 (State Guidelines
Sections 15301(l)(4) and 15303(a)). The proposed project involves the subdivision of
two existing lots into four and the construction of three new single-family homes fronting
on Los Palmos Drive, Lot Nos. 116 and 117 in Assessor's Block No. 3027A. (District 7)
(Appellant: Stephen M. Williams, on behalf of the Miraloma Park Improvement Club).
(Filed January 7, 2011; Companion Measure to File Nos. 110042, 110043. 110044.)
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
court, the Categorical Exemption from Environmental Review described above, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.
(Only one of the following two motions should be approved.)
24. 110042 [Affirming the Exemption Determination - 795 Foerster Street, 203 Los Palmos
Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive]
Motion affirming the determination by the Planning Department and Commission that the
project located at 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and
213 Los Palmos Drive is exempt from environmental review. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
25. 110043 [Reversing the Exemption Determination - 795 Foerster Street, 203 Los
Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive]
Motion reversing the determination by the Planning Department and Commission that the
795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos
Drive project is exempt from environmental review. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
26. 110044 [Preparation of Findings to Reverse the Exemption Determination - 795
Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los
Palmos Drive]
Motion directing the Clerk of the Board to prepare findings reversing the exemption
determination by the Planning Department and Commission that the project located at
795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos
Drive is exempt from environmental review. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Government Audit and Oversight Committee
at a Regular Meeting on Thursday, February 10, 2011, at 10:00 a.m. The Chair intends
to request the Committee to send the following item to the Board as a committee report
on Tuesday, February 15, 2011.
27. 110073 [Agreement - Owners' Association for Administration/Management of Mission
Miracle Mile Business Improvement District]
Sponsor: Campos
Resolution approving an agreement with the nonprofit Owners' Association for
administration/management of the property-based business improvement district known
as the “Mission Miracle Mile Business Improvement District,” pursuant to Section 36651
of the California Streets and Highways Code.
Question: Shall this Resolution be ADOPTED?
.
The following items will be considered by the Rules Committee at a Special Meeting on
Thursday, February 10, 2011, at 3:00 p.m. The Chair intends to request the Committee
to send the following items to the Board as a committee report on Tuesday, February 15,
2011.
28. 110133 [Appointment, Bay Area Air Quality Management District - Supervisor John
Avalos]
Motion appointing Supervisor John Avalos, term ending February 1, 2013, to the Bay
Area Air Quality Management District Board of Directors. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
29. 110136 [Appointment, Transbay Joint Powers Authority - Supervisor Jane Kim]
Motion appointing Supervisor Jane Kim to the Transbay Joint Powers Authority. (Clerk of
the Board)
Question: Shall this Motion be APPROVED?
30. 110135 [Appointment, Urban Counties Caucus - Supervisor Eric Mar]
Motion appointing Supervisor Eric Mar, term ending December 31, 2012, to the Urban
Counties Caucus. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
31. 110137 [Appointments, Golden Gate Bridge, Highway and Transportation District -
Supervisors Sean Elsbernd, Carmen Chu, David Campos and Eric Mar]
Motion appointing Supervisors Sean Elsbernd, Carmen Chu, David Campos, and Eric
Mar, terms ending January 31, 2013, to the Board of Directors, Golden Gate Bridge,
Highway and Transportation District. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
(Pursuant to the provisions of Rule 2.28.7 of the Board's Rules of Order, at least six days
must intervene between the first appearance of a proposed Charter amendment before
the Board as a referral from committee and any Board order of submission to the
electorate. In accordance therewith consideration of the following proposed Charter
amendment appropriately may be continued at least one week.)
32. 101493 [Charter Amendment - Compensation of Board of Education Members]
Sponsors: Kim; Campos, Mar, Avalos and Chiu
Charter Amendment (Second Draft) to amend the Charter of the City and County of San
Francisco by amending Section 8.100, to increase the compensation for members of the
Board of Education from a monthly stipend of $500 to one-half the annual salary of a
first-year teacher in the San Francisco Unified School District, establish training and
professional development requirements for Board members, and require the City
annually to appropriate to the Unified School District an amount sufficient to pay the
members' salaries until the State has repaid the District for any outstanding reductions in
Proposition 98 funding.
Question: Shall this Charter Amendment be SUBMITTED?
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
The following items will be considered by the City Operations and Neighborhood
Services Committee at a Regular Meeting on Monday, February 14, 2011, at 10:00 a.m.
The Chair intends to request the Committee to send the following items to the Board as a
committee report on Tuesday, February 15, 2011.
33. 101287 [Liquor License - 1005 Minnesota Street]
Resolution determining that the issuance of a Type 42 on-sale beer and wine public
premises license and the transfer of a Type 20 off-sale beer and wine license from Ferry
Building, Market Place, Unit 33, the Embarcadero, to Wayne Garcia, for DIGWines, LLC,
located at 1005 Minnesota Street (District 10), will serve the public convenience or
necessity of the people of the City and County of San Francisco, in accordance with
Section 23958.4 of the California Business and Professions Code, with conditions.
Question: Shall this Resolution be ADOPTED?
34. 110074 [MUNI Youth Lifeline Discount Fast Pass Program Changes]
Sponsors: Campos; Mirkarimi, Avalos, Cohen, Kim and Mar
Resolution urging the San Francisco Municipal Transportation Agency to adopt changes
to the Youth Lifeline Discount Fast Pass Program for qualified low-income youth.
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.
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Board of Supervisors Meeting Agenda Tuesday, February 15, 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 35 through 40
35. 110161 [Accept and Expend Grant - Installation of Rubber Sidewalks - Not to Exceed
$12,600]
Sponsor: Cohen
Resolution authorizing the Department of Public Works to apply for grant funds in the
amount up to, but not to exceed, $12,600 from the California Department of Resources
Recycling and Recovery, Tire-Derived Product Grant Program for the purpose of
installing rubber sidewalks and preserving mature trees.
02/08/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
36. 110162 [Oliver W. Sipple Day - September 22, 2011]
Sponsors: Campos; Wiener
Resolution declaring September 22, 2011, as Oliver W. Sipple Day in San Francisco to
honor a gay American hero, who on September 22, 1975, saved the life of President
Gerald Ford outside of St. Francis Hotel in Union Square in San Francisco.
02/08/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
37. 110170 [Protect Proposition 10 Funding]
Sponsor: Mar
Resolution urging the Governor of California to protect Proposition 10 County funding by
not sweeping $1,000,000,000 in Prop 10 funds from local First 5 Commissions reserves,
and urging a permanent diversion of 50% of all future Prop 10 revenues.
02/08/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
38. 110171 [Park Branch Library Reopening]
Sponsor: Mirkarimi
Resolution recognizing the grand reopening of the Park Branch Library and commending
the San Francisco Public Library, and its team, for their hard work and commitment to
San Francisco and its residents.
02/09/2011; 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, February 15, 2011
39. 110167 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider
an Amendment to Rule 5.1 Concerning the Budget and Finance Committee
Structure]
Sponsor: Chu
Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider,
without reference, an amendment to Rule 5.1 to amend the date the Budget and Finance
Committee expands to five members and the date the three member subcommittee is
established from April 1 to March 1.
02/08/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
40. 110172 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider
an Amendment to Rule 5.7 Extending the Joint City and School District
Committee for One Year]
Sponsor: Cohen
Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider,
without reference, an amendment to Rule 5.7 to extend the term of the Joint City and
School District Select Committee for one year.
02/09/2011; 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:_________________________________________
41. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
is a need to take immediate action. The need to take action came to the attention of the City and
County of San Francisco after the agenda was posted.
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED ORDINANCES
Proposed ordinances received from February 1, 2011, through February 7, 2011, for
reference by President to appropriate committee on February 15, 2011.
110146 [Settlement of Lawsuit - Liberato Primer, Jr. - $125,000]
Ordinance authorizing settlement of the lawsuit filed by Liberato Primer, Jr. against the
City and County of San Francisco for $125,000; the lawsuit was filed on October 5, 2009,
in the San Francisco Superior Court, Case No. CGC 09-493199, entitled Liberato Primer,
Jr. v. City and County of San Francisco. (City Attorney)
02/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
110147 [General Plan Amendment - Mission District Streetscape Plan]
Ordinance amending the San Francisco General Plan by amending Policy 5.3.7 of the
Mission Area Plan to reflect the adoption of the Mission District Streetscape Plan;
adopting findings, including environmental findings and findings of consistency with the
General Plan and Planning Code Section 101.1. (Planning Commission)
02/03/2011; ASSIGNED UNDER 30 DAY RULE to the Land Use and Economic Development Committee.
PROPOSED RESOLUTIONS
Proposed resolutions received from February 1, 2011, through February 7, 2011, for
reference by President to appropriate committee on February 15, 2011.
110148 [Approval of Lease with ParkWide Activities, LLC - Master Bike Rental
Concession Operation]
Resolution authorizing the Recreation and Park Department General Manager to enter
into a lease with ParkWide Activities, LLC, for the operation of a Master Bike Rental
Concession in City Parks. (Recreation and Park Department)
02/07/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
110179 [Petitions and Communications]
Petitions and Communications received from February 1, 2011, through February 7,
2011, for reference by the President to Committee considering related matters, or to be
ordered filed by the Clerk on February 15, 2011.
From Office of the Controller, submitting the Government Barometer Report for
December 2010. (1)
From Office of the Treasurer-Tax Collector, submitting the City’s investment portfolio as
of December 31, 2010. (2)
From Abdalla Megahed, regarding the current situation in Egypt. 3 letters (3)
From Stow Lake Corporation, regarding the Stow Lake Concession Lease. Copy: Each
Supervisor (4)
From Capital Planning Commission, regarding the Rincon Hill Infrastructure Financing
District (IFD) and policy guidelines for establishing an Infrastructure Financing District.
File No. 110036, Copy: Each Supervisor, Budget and Finance Committee Clerk (5)
From Office of the Controller, submitting the Real Estate Watchdog Program Report, this
report covers the period from the Program’s inception in 2006 through December 31,
2010. (6)
From Office of the Assessor-Recorder, submitting the Real Estate Watchdog Program
Report for the period of July 1, 2009 through December 31, 2010. (7)
From concerned citizens, submitting support for keeping the Haight Ashbury
Neighborhood Council’s Recycling Center open. File No. 101490, City Operations and
Neighborhood Services Committee Clerk, 7 letters (8)
From Recreation and Park Department, submitting FY2010-2011 Second Quarterly Lead
Poisoning Prevention Report. (9)
From Planning Department, submitting notice that an Environmental Impact Report is
required for the proposed renovation of the Beach Chalet Athletic Fields. Copy: Land
Use and Economic Development Committee Clerk (10)
From Office of the Sheriff, submitting request for waiver of Administrative Code Chapters
12B and 12C to purchase gasoline credit cards from Chevron USA. (11)
From concerned citizens, submitting support for proposed legislation to ban the delivery
of unwanted Yellow Pages in San Francisco. File No. 110114, 229 letters (12)
From concerned citizens, regarding the sidewalk sitting ban. 38 letters (13)
From Office of the Assessor-Recorder, submitting information and resources for
San Franciscans that seek assistance with the impacts of foreclosures. Copy:
Supervisor Mirkarimi (14)
From concerned citizens, regarding the Parkmerced Project. 124 letters (15)
From David Tornheim, regarding qualifications required to serve on the HPC. (16)
From Max Hermann, commenting on restaurant food sold accompanied by toys or other
youth focused incentive items. (17)
From Office of the District Attorney, submitting information and resources for
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Board of Supervisors Meeting Agenda Tuesday, February 15, 2011
San Franciscans that seek assistance with the impacts of foreclosures. Copy:
Supervisor Mirkarimi (18)
From concerned citizens, submitting support for closing the Haight Ashbury
Neighborhood Council’s Recycling Center. File No. 101490, 2 letters (19)
From Clerk of the Board, the following individuals have submitted a Form 700 Statement:
(20)
Bill Barnes, Legislative Aide - leaving
Adam Taylor, Legislative Aide - assuming
Malia Cohen, Supervisor - assuming
From Anmarie Mabbut, regarding FY2011-2012 budget hearings. (21)
From Human Rights Commission, submitting FY2011-2012 HRC Efficiency Plan. (22)
From Arts Commission, submitting FY2011-2013 Three-Year Strategic Plan. (23)
From Office of the Controller, submitting a concession audit report of Pacific Gateway,
LLC. (24)
From Office of the Treasurer-Tax Collector, submitting information and resources for
San Franciscans that seek assistance with the impacts of foreclosures. Copy:
Supervisor Mirkarimi (25)
From Aaron Goodman, regarding a Beyond Chronicle article on the Parkmerced Project
(26)
From Allen Jones, regarding Oliver Sipple. (27)
From Dennis MacKenzie, submitting support for waiver of the competitive bid and
solicitation requirements in regards to the Environmental Impact Report necessary for
housing the America’s Cup on San Francisco Bay. File No. 110071, Copy: Each
Supervisor, Budget and Finance Committee Clerk (28)
From concerned citizens, regarding the Stow Lake Concession Lease. File No. 101416,
2 letters (29)
From Office of the Assessor-Recorder, submitting a corrected FY2009-2010 Annual
Report. (30)
From Joan Wood, regarding the new members of the Board of Supervisors. (31)
From Caltrain News, regarding appointment of Supervisor Elsbernd to the Caltrain
Board. (32)
From Commission on the Environment, submitting the revised Green Business Checklist
for Hotel/Motel, Office/Retail and Restaurants. (33)
ADJOURNMENT
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