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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, March 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, Wiener, Chiu 1:00 PM
Budget and Finance Sub-Committee Wednesday
Supervisors Chu, Mirkarimi, Kim 10:00 AM
City and School District Select Committee 2nd and 4th Thursday
Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Maufas, 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, March 15, 2011
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the February 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 through 12
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Chu, Mirkarimi
1. 110068 [Administrative Code - Rewards to Informants for Information Related to the
Detection of Underpayment of Property Tax]
Sponsor: Chiu
Ordinance amending the San Francisco Administrative Code by amending Chapter 10,
Sections 10.177-2 and 10.177-3, authorizing the Assessor to recommend rewards for
information related to the detection of underpayment of tax owed to the City and County
of San Francisco.
03/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 4 Printed at 3:32 pm on 3/10/11
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
2. 110183 [Accept and Expend Grant - Broadband Technology Opportunities Program
and Amendment to the Annual Salary Ordinance, FY2010-2011 - $7,931,632]
Sponsors: Mayor; Chiu and Campos
Ordinance authorizing the Department of Technology to accept and expend a grant in the
amount of $7,931,632 from the U.S. Department of Commerce through the American
Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) Broadband Technology
Opportunities Program for Sustainable Broadband Adoption Training and Services, and
amending Ordinance No. 191-10 (Annual Salary Ordinance FY 2010-2011) to reflect the
addition of two (2) grant-funded positions for the Department of Aging and Adult Services
in Class 1823 Senior Administrative Analyst, and four (4) grant-funded positions for the
Department of Technology as follows: one (1) position in Class 1823 Senior
Administrative Analyst; one (1) position in Class 1844 Senior Management Assistant; one
(1) position in Class 1766 Media Production Technician; and one (1) position in Class
1769 Media Production Supervisor.
03/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
3. 110009 [Planning Code - Amending Area Plan Fee Waiver Criteria for Affordable
Housing]
Sponsor: Cohen
Ordinance amending the San Francisco Planning Code by amending Section 406 to
revise the criteria for waiver of Area Plan fees, including the Rincon Hill Community
Infrastructure Impact Fee, the Market and Octavia Community Improvements Impact
Fee, the Eastern Neighborhoods Infrastructure Impact Fee, the Balboa Park Impact Fee,
and the Visitacion Valley Community Facilities and Infrastructure Impact Fee, for
affordable housing projects; and making findings, including environmental findings.
03/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
4. 110115 [Summary Vacation, Jurisdictional Transfer, and Sale of City Property - Ocean
Avenue and Phelan Avenue]
Sponsors: Elsbernd; Avalos
Ordinance: 1) ordering the summary vacation of an approximately 17,050 square foot
portion of City property located near Ocean Avenue and Phelan Avenue pursuant to the
California Streets and Highways Code Sections 8330 et seq.; 2) authorizing the
jurisdictional transfer of such portion of City property from the Department of Public
Works to the Municipal Transportation Agency; 3) authorizing the sale of an
approximately 25,772 square foot portion of City property located near Ocean Avenue
and Phelan Avenue to the San Francisco Redevelopment Agency for $4,056,580 and the
grant of a pedestrian access easement and an emergency fire apparatus access
easement over a portion of adjacent City property; 4) adopting environmental findings
and other findings that the actions set forth in this Ordinance are consistent with the
City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; 5)
adopting findings that Administrative Code Chapter 23A does not apply to the sale of
such portion of City property; and 6) authorizing other actions in furtherance of this
Ordinance.
03/08/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Cohen, Campos
5. 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.
02/15/2011; PASSED, ON FIRST READING.
03/01/2011; CONTINUED ON FINAL PASSAGE.
03/08/2011; CONTINUED ON FINAL PASSAGE.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 6 Printed at 3:32 pm on 3/10/11
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
Recommendations of the Rules Committee
Present: Supervisors Kim, Elsbernd, Farrell
6. 110105 [Appointments, Sunshine Ordinance Task Force - Jay Costa and Jackson
West]
Motion appointing Jay Costa, term ending April 27, 2012, and Jackson West, term
ending April 27, 2013, to the Sunshine Ordinance Task Force. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
7. 110145 [Appointments, Citizens' General Obligation Bond Oversight Committee -
Robert Muscat and Jonathan Alloy]
Motion appointing Robert Muscat and Jonathan Alloy, to the Citizens' General Obligation
Bond Oversight Committee, terms ending November 21, 2012. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
Present: Supervisors Kim, Farrell
8. 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
9. 110173 [Settlement of Lawsuit - Esther Downes, et al. - $350,000]
Ordinance authorizing entry of judgment, pursuant to Federal Rule of Civil Procedure 68,
in favor of Plaintiffs Esther Downes and the Estate of Issiah Downes, and against the
City and County of San Francisco, in the amount of $350,000 in settlement of the lawsuit
filed on October 1, 2010, in United States District Court, Case No. C10-4451 CW entitled
“Esther Downes, et al. v. City and County of San Francisco, et al.” (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
10. 110174 [Settlement of Claim - Homeless Prenatal Program, Inc. - $135,246.65]
Resolution approving the settlement of the unlitigated claim filed by Homeless Prenatal
Program, Inc., against the City and County of San Francisco for $135,246.65; claim was
filed on September 23, 2010. (City Attorney)
Question: Shall this Resolution be ADOPTED?
11. 101471 [Appointment, Sweatfree Procurement Advisory Group - Eleanor Morton]
Motion appointing Eleanor Morton, to the Sweatfree Procurement Advisory Group, term
ending December 17, 2011. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
12. 110218 [Appointments, Urban Forestry Council - Maria D'Agostino, Dan Flanagan,
Sandy Sherwin, Rose Hillson, and Andrew Sullivan]
Motion appointing Maria D'Agostino, Dan Flanagan, Sandy Sherwin, Rose Hillson, and
Andrew Sullivan to the Urban Forestry Council, terms ending November 18, 2012. (Clerk
of the Board)
Question: Shall this Motion be APPROVED?
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated:______________________________________________
REGULAR AGENDA
NEW BUSINESS
Recommendation of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim, Wiener, Chiu
13. 100962 [Appropriating $1,300,000 of General Fund Reserve - Ethics Commission
Public Election Campaign Finance Fund for FY2010-2011]
Sponsors: Avalos; Mirkarimi and Campos
Ordinance appropriating $1,300,000 of General Fund Reserve for the Ethics Commission
in the Public Election Campaign Finance Fund for FY2010-2011.
(Fiscal Impact.)
(Supervisors Chu and Wiener dissented in Committee.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Chu, Mirkarimi, Kim
14. 110154 [Appropriating $2,809,000 of General Fund Reserve - Fourth Street Bridge
Project Litigation Expenses in FY2010-2011]
Sponsor: Mayor
Ordinance appropriating $2,809,000 from the General Fund Reserve to the Department
of Public Works for litigation expenses related to the Santa Clara Superior Court Case
between Mitchell Engineering/Obayashi Corporation v. City and County of San Francisco
for the Fourth Street Bridge Project in FY2010-2011.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
15. 110148 [Lease - 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)
Question: Shall this Resolution be ADOPTED?
16. 110168 [Lease of Real Property - 1421 Broderick Street]
Resolution authorizing the exercise of a ten year option to extend the lease of the 12,417
square foot building located at 1421 Broderick Street for the Department of Public
Health. (Real Estate Department)
Question: Shall this Resolution be ADOPTED?
From the Budget and Finance Sub-Committee Without Recommendation
Present: Supervisors Chu, Mirkarimi, Kim
17. 110175 [Settlement of Unlitigated Claims - East Bay Regional Park District - Public
Utilities Commission Calaveras Dam Replacement Project]
Resolution approving the settlement of the unlitigated claims between the City and
County of San Francisco and the East Bay Regional Park District (EBRPD) related to the
San Francisco Public Utilities Commission (SFPUC) Water System Improvement
Program, Calaveras Dam Replacement Project, in Alameda County, calling for SFPUC
to pay EBRPD $2,000,000 related to project construction activities, and including other
material terms and conditions in a settlement and release agreement. (City Attorney)
Question: Shall this Resolution be ADOPTED?
18. 110187 [CEQA Findings - Public Utilities Commission Calaveras Dam Replacement
Project]
Sponsor: Elsbernd
Resolution adopting findings under the California Environmental Quality Act, including the
adoption of a mitigation monitoring and reporting program and a statement of overriding
considerations related to the Water System Improvement Program Calaveras Dam
Replacement Project, in Alameda and Santa Clara Counties, including the mitigation
habitat actions at various sites; and directing the Clerk of the Board of Supervisors to
notify the Controller of this action.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
19. 101523 [Planning Code, Administrative Code - Development Impact and In-Lieu Fees]
Sponsor: Mayor
Ordinance amending the San Francisco Planning Code by: 1) amending Section 409 to
clarify that the Annual Infrastructure Cost Inflation Adjustments to development fees
authorized by the section do not need further action by the Board of Supervisors, to
provide that the Planning Director be included in the annual fee reporting process, and to
make other technical amendments to simplify the annual fee reporting process and
ensure that the Controller's Office and the Capital Planning Program coordinate their
efforts; 2) amending Sections 413.6 and 415.5 to provide that the annual adjustments to
the Jobs-Housing Linkage and Affordable Housing fees shall be made at the same time
as the cost inflation adjustments are made to the other development fees; 3) amending
other sections of Article 4 to clarify language, eliminate confusion as to when
requirements must be met, and correct errors in cross-referencing; and 4) adding an
uncodified section providing that (a) if a development fee was evaluated in 2010 or 2011,
it need not be included in the 2011 five-year evaluation and (b) authorizing the Controller
to make the 2011 Infrastructure Cost Inflation Adjustments to the development fees in
April rather than January; amending the San Francisco Administrative Code by repealing
Section 38.14 (the Severability Clause) and moving it to Section 430; and adopting
environmental, Planning Code Section 302, and Planning Code Section 101.1 findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
20. 110024 [Planning Code - Zoning Map Amendment - Correction to Market and Octavia
Area Plan Zoning]
Sponsor: Mirkarimi
Ordinance amending Zoning Map Sheet No. 2 of the San Francisco Planning Code to
include parcels inadvertently excluded from the Zoning Map amendment adopted to
implement the Market and Octavia Plan (Ordinance No. 72-08) affecting the area roughly
bounded by a line beginning at the intersection of Buchanan and Fell Street, continuing
northwest, thence northeast on Grove Street, continuing northwest at Laguna Street,
thence heading northeast on Turk Street, continuing southeast at Franklin Street, thence
continuing southwest at Fell Street to the starting point at the intersection of Buchanan
Street, to eliminate use districts within the Market and Octavia Plan Area and replace
them with revised use districts, consistent with those proposed in the Market and Octavia
Area Plan; and making various findings, including CEQA findings and findings of
consistency with the General Plan and Planning Code Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
21. 110070 [Planning Code - Zoning - Upper Fillmore Neighborhood Commercial District]
Sponsor: Farrell
Ordinance amending the San Francisco Planning Code by amending Sections 703.3 and
718.1 and the Zoning Control Table for the Upper Fillmore NCD to: 1) allow as a
conditional use on the first floor a new full-service restaurant, large fast food restaurant,
small self-service restaurant or self-service specialty food establishment that is not
defined as a formula retail use; and 2) add Specific Provisions to the Zoning Control
Table to allow a bar associated with a full-service restaurant as a conditional use and
require the Planning Commission to consider daytime usage on the block in conditionally
approving a new restaurant; adopting findings, including environmental findings, Planning
Code Section 302 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?
Recommendation of the Rules Committee
Present: Supervisors Kim, Farrell
22. 110117 [Administrative Code - Publication Requirements]
Sponsor: Mirkarimi
Ordinance amending San Francisco Administrative Code Section 2.97 to define
"Summary" for the purpose of publishing "Public Notices."
Question: Shall this Ordinance be PASSED ON FIRST READING?
Present: Supervisors Kim, Elsbernd, Farrell
23. 110150 [Administrative Code - Process for Mayoral Appearance at the Board of
Supervisors]
Sponsors: Chiu; Mar
Ordinance amending the San Francisco Administrative Code by adding Section 2.11 to
establish a process for the Mayor to appear at the Board of Supervisors for a question
and answer session.
03/01/2011; CONTINUED ON FIRST READING.
03/08/2011; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
SPECIAL ORDER 3:00 P.M
Board of Supervisors Sitting as a Committee of the Whole
(Pending approval of Item No. 31, File No. 110212.)
24. 110213 [Hearing - Emergency Ordinance Extending Municipal Elections Code
Deadlines for Possible June 2011 Election]
Sponsor: Chiu
Hearing of persons interested in or objecting to the proposed Emergency Ordinance
authorizing the Director of Elections to extend deadlines in the San Francisco Municipal
Elections Code by no more than 15 days for a possible special municipal election to be
held in June 2011.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
(Pursuant to Charter Section 2.107, the following Emergency Ordinance requires an
affirmative vote of 2/3 of the Board of Supervisors.)
25. 110278 [Municipal Elections Code - Emergency Ordinance Extending Municipal
Elections Code Deadlines for Possible June 2011 Election]
Sponsor: Chiu
Emergency Ordinance authorizing the Director of Elections to extend deadlines in the
San Francisco Municipal Elections Code by no more than 15 days for a possible special
municipal election to be held in June 2011.
Question: Shall this Ordinance be FINALLY PASSED?
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
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.
26. 110202 [Public Hearing - Appeal of Final Environmental Impact Report - Calaveras
Dam Replacement Project]
Hearing of persons interested in or objecting to the decision of the Planning
Commission’s January 27, 2011, Certification of a Final Environmental Impact Report
identified as Planning Case No. 2005.0161E, through its Motion No. 18261, for the
proposed Calaveras Dam Replacement Project located in unincorporated areas of
Alameda and Santa Clara Counties. (Appellant: Gregory Stepanicich, on behalf of the
East Bay Regional Park District).
(Filed February 14, 2011; Companion to File Nos. 110203, 110204, 110205.)
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 Final Environmental Impact Report 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.)
27. 110203 [Affirming Certification of Calaveras Dam Replacement Project Final
Environmental Impact Report]
Motion affirming the certification by the Planning Commission of the Final Environmental
Impact Report for the Calaveras Dam Replacement Project.
Question: Shall this Motion be APPROVED?
28. 110204 [Reversing Certification of Calaveras Dam Replacement Project Final
Environmental Impact Report]
Motion reversing the certification by the Planning Commission of the Final Environmental
Impact Report for the Calaveras Dam Replacement Project.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
29. 110205 [Preparation of Findings to Reverse Certification of Calaveras Dam
Replacement Project Final Environmental Impact Report]
Motion directing the Clerk of the Board to prepare findings reversing the certification by
the Planning Commission of the Final Environmental Impact Report for the Calaveras
Dam Replacement Project.
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 City Operations and Neighborhood Services
Committee at a Regular Meeting on Monday, March 14, 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, March 15, 2011.
30. 110283 [Urging Avalon Bay Communities to Utilize Sub-Contractors that Compensate
Workers Consistent with Area Standard Wages]
Sponsor: Avalos
Resolution encouraging Avalon Bay Communities to sub-contract all carpentry crafts to a
responsible contractor that pays area standard wages and benefits and has a State of
California certified apprenticeship program and journeyman upgrade training.
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 14 Printed at 3:32 pm on 3/10/11
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Board of Supervisors Meeting Agenda Tuesday, March 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 31 through 34
31. 110212 [Committee of the Whole - Hearing to Consider and Approve an Emergency
Ordinance Extending Municipal Elections Code Deadlines for Possible June
2011 Election]
Sponsor: Chiu
Motion that the Board of Supervisors convene as a Committee of the Whole on March
15, 2011, at 3:00 p.m., to consider an emergency ordinance authorizing the Director of
Elections to extend deadlines in the Municipal Elections Code by no more than 15 days
for a possible special municipal election to be held in June 2011. (Clerk of the Board)
03/10/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
32. 110293 [Monsignor Oscar Romero Day - March 26, 2011]
Sponsor: Campos
Resolution declaring March 26, 2011, as Monsignor Oscar Romero Day in San
Francisco, to honor a person who dedicated themselves to, and ultimately gave their life
for, social justice and human rights protection, and preached the message of peace,
non-violence, reconciliation, and love.
03/08/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
33. 110295 [Extension of 45 Days for Planning Commission Review - Market and Octavia
Plan Area]
Sponsor: Wiener
Resolution extending by 45 days the prescribed time within which the Planning
Commission may render its decision on a proposed Ordinance that would amend
Planning Code Sections 415.5 to provide a new land dedication alternative in the Market
and Octavia Plan Area, in lieu of payment of the affordable housing fee, and adding
Section 415.10 to provide for the requirements of such land dedication, and making
findings, including environmental findings and findings of consistence with the General
Plan and priority policies of Planning Code Section 101.1.
03/08/2011; 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, March 15, 2011
34. 110260 [Final Map 5889: 619, 631-633 Taraval Street]
Motion approving Final Map 5889, a 9 Unit Mixed-Use (6 Unit Residential and 3 Unit
Commercial) Condominium Project, located at 619, 631-633 Taraval Street being a
subdivision of Lots 039, 040, and 042A in Assessors Block No. 2409 and adopting
findings pursuant to the General Plan and City Planning Code Section 101.1. (Public
Works Department)
03/04/2011; 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:_________________________________________
35. 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, March 15, 2011
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED ORDINANCES
Proposed ordinances received from March 1, 2011, to March 7, 2011, for reference by
President to appropriate committee on March 15, 2011.
110300 [Development Agreement - Parkmerced, LLC]
Ordinance approving a Development Agreement between the City and County of San
Francisco and Parkmerced Investors, LLC, for certain real property located in the Lake
Merced District of San Francisco and commonly referred to as Parkmerced, generally
bounded by Vidal Drive, Font Boulevard, Pinto Avenue and Serrano Drive to the north,
19th Avenue and Junipero Serra Boulevard to the east, Brotherhood Way to the south,
and Lake Merced Boulevard to the west, making findings under the California
Environmental Quality Act, findings of conformity with the City’s General Plan and with
the eight priority policies of Planning Code Section 101.1(b), and waiving certain
provisions of Administrative Code Chapter 56. (Planning Department)
03/15/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
110301 [Planning Code - Special Use District - Parkmerced]
Ordinance amending the San Francisco Planning Code by amending Sections 102.5 and
201 to include the Parkmerced Zoning Districts; adding Section 249.64 to establish the
Parkmerced Special Use District for the property consisting of Assessor's Block Nos.
7303, 7303A, 7308 through 7311, 7309A, 7315 through 7323, 7325 and 7326, 7330,
7331 (Lot No. 4), 7332 (Lot No. 4), 7333 (Lot Nos. 1 and 3), 7333A, 7333B, 7333C,
7333D, 7333E, 7334 through 7345, 7345A, 7345B, 7345C, 7356 through 7359, and 7360
through 7370; amending Planning Code Section 270 to refer to the Parkmerced Special
Use District; and adopting findings, including environmental findings, Planning Code
Section 302 findings, and findings of consistency with the General Plan and the priority
policies of Planning Code Section 101.1. (Planning Commission)
03/04/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
110302 [Planning Code - Zoning Map Amendments - Parkmerced]
Ordinance amending the San Francisco Planning Code by amending Sectional Maps
ZN13, HT13, and SU13, of the Zoning Map of the City and County of San Francisco, to
reflect the Parkmerced 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. (Planning Commission)
03/04/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
110303 [General Plan Amendment - Parkmerced]
Ordinance amending the San Francisco General Plan by amending the Urban Design
Element Height Map with respect to the Parkmerced site; adopting findings, including
environmental findings and findings of consistency with the General Plan and Planning
Code Section 101.1. (Planning Commission)
03/04/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
PROPOSED RESOLUTION
Proposed resolution received from March 1, 2011, to March 7, 2011, for reference by
President to appropriate committee on March 15, 2011.
110210 [Airline/Airport 2011 Lease and Use Agreements - Various Airlines]
Resolution approving leases to the terms of eight (8) new Airline/Airport Lease and Use
Agreements between the City and various airlines, effective July 1, 2011, to allow such
Airlines to conduct domestic and international flight operations at San Francisco
International Airport. (Airport Commission)
03/15/2011; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
110265 [Petitions and Communications]
Petitions and Communications received from March 1, 2011, through March 7, 2011, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on March 15, 2011.
From concerned citizens, regarding the Parkmerced Project. File No. 110206, Copy:
Each Supervisor, 17 letters (1)
*From concerned citizens, regarding the sidewalk sitting ban. 58 letters (2)
From concerned citizens, submitting support for proposed legislation that bans the
delivery of unwanted Yellow Pages in San Francisco. File No. 110114, 2 letters (3)
From concerned citizens, submitting support for keeping the Haight Ashbury
Neighborhood Council's Recycling Center open. File No. 101490, 3 letters (4)
From Paul Reeberg, submitting budgetary ideas for FY2011-2012. (5)
From Department of Human Resources, submitting request for waiver of Administrative
Code Chapter 12B for Holiday Inn Fisherman’s Wharf. (6)
From Ed Healy, regarding illegal taxis and limousines. (7)
From Department of Aging and Adult Services, submitting a line item summary of the
resources allocated to District 11. (8)
From Micki Jones, regarding the murder of Kate Horan on October 29, 2010. Copy:
Each Supervisor (9)
From State Senate Rules Committee, submitting request for nominations by the Board of
Supervisors for an appointment to the California Coastal Commission. Copy: Each
Supervisor, Rules Committee Clerk (10)
From Christopher Reiger, submitting support for closing Sharp Park Golf Course. Copy:
Each Supervisor (11)
From Arthur Evans, concerning a study published in the British Medical Journal
concerning young people smoking cannabis. Copy: Each Supervisor (12)
From Department of Public Works, submitting FY2010-2011 Quarterly Reports
concerning the Adopt-A-Tree Fund. (13)
From Adam Lowry, submitting petition opposing dumping bleach into our sewers and
open water systems. File No. 101578, Copy: Each Supervisor (14)
From Office of the Assessor-Recorder, regarding the Watchdog Ordinance. Copy: Each
Supervisor (15)
From Clerk of the Board, the following individuals have submitted a Form 700 Statement:
(16)
Rick Caldeira, Deputy Director - annual
Hope Schmeltzer, LAFCo - annual
Jeremy Pollock, Legislative Aide - leaving
Erasmo Vazquez - annual
From Elections Commission, submitting their 2010 Annual Report. Copy: Each
Supervisor (17)
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Board of Supervisors Meeting Agenda Tuesday, March 15, 2011
From Office of the Controller, submitting FY2010-2011 Biannual and Monthly Overtime
Report. (18)
From Danny, regarding using bleach in San Francisco sewers. (19)
From SF Ocean Edge, regarding the Beach Chalet Soccer Development in Golden Gate
Park. Copy: Each Supervisor (20)
From Planning Department, submitting the 2005-2009 Market/Octavia Street Plan
Monitoring Report. (21)
From Verizon Wireless, submitting notification of three cellular antennas to be installed at
Hwy 280 Alemany. (22)
From City Administrator, regarding FY2012-2021 draft Capital Plan. Copy: Each
Supervisor (23)
From Doug MacTavish, requesting no smoking signs at transit stops. (24)
From Mark Gruberg, regarding proposed taxi legislation. File No.110257 (25)
From Abdalla Megahed, regarding alleged harassment. (26)
From Arthur Evans, concerning news about the medical effects of pot smoking according
to a recent European study. (27)
*(Note: An asterisked item represents the cover sheet to a document that exceeds 25
pages. The complete document is available at the Clerk’s Office, Room 244, City Hall.)
ADJOURNMENT
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