# Board of Supervisors Minutes: March 22, 2011 - Meeting date: 2011-03-22 - Document type: minutes - Source format: PDF - Extracted pages: 20 - [Canonical HTML transcript](https://sfbos.info/documents/2069/2011-03-22-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m032211.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110154: Appropriating $2,809,000 of General Fund Reserve - Fourth Street Bridge Project Litigation Expenses in FY2010-2011 - Pages: 3 - Sponsors: Mayor ### File 110235: Accept and Expend Grant - Medicare Improvements for Patients and Providers Act - $143,128 - Pages: 3-4 - Sponsors: Campos ### File 110070: Planning Code - Zoning - Upper Fillmore Neighborhood Commercial District - Pages: 4 - Sponsors: Farrell ### File 110146: Settlement of Lawsuit - Liberato Primer, Jr. - $125,000 - Pages: 4 ### File 110173: Settlement of Lawsuit - Esther Downes, et al. - $350,000 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 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) Ordinance No. 54-11 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 101523: Planning Code, Administrative Code - Development Impact and In-Lieu Fees - Pages: 5 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: l 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. Ordinance No. 55-11 FINALLY PASSED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110024: Planning Code - Zoning Map Amendment - Correction to Market and Octavia Area Plan Zoning - Pages: 5-6 - Sponsors: Mirkarimi - Vote 1: first-reading - Action: 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. PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110117: Administrative Code - Publication Requirements - Pages: 6 - Sponsors: Mirkarimi - Vote 1: first-reading - Action: 110117 [Administrative Code - Publication Requirements] Sponsor: Mirkarimi Ordinance amending the San Francisco Administrative Code Section 2.97 to define "Summary" for the purpose of publishing "Public Notices." PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 101564: Memorandum of Understanding - 34th America's Cup - Pages: 6 - Sponsors: Mayor; Chiu, Mirkarimi, Elsbernd and Chu - Vote 1: adoption, likely final - Action: 101564 [Memorandum of Understanding - 34th America's Cup] Sponsors: Mayor; Chiu, Mirkarimi, Elsbernd and Chu Resolution approving a Memorandum of Understanding between the City Controller and the Port Commission regarding the 34th America's Cup under Charter Section B7.320. (Fiscal Impact.) Resolution No. 134-11 ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110120: 2011 Annual Joint Fundraising Drive - Pages: 6-7 - Vote 1: adoption, likely final - Action: 110120 [2011 Annual Joint Fundraising Drive] Resolution designating those agencies qualified to participate in the 2011 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. Resolution No. 135-11 ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110184: De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011 - Pages: 7 - Sponsors: Mayor - Vote 1: first-reading - Action: 110184 [De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011] Sponsor: Mayor Ordinance de-appropriating $15,479,251 of Market Rate General Obligation Bond Proceeds, Series 2007A, and re-appropriating $15,479,251 to the Below Market Rate Seismic Safety Loan Program in the Mayor’s Office of Housing for FY2010-2011 and maintaining on Controller’s reserve the appropriation equal to the unsold portion of the bonds. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110241: Setting the 2011 Budget and Legislative Analyst Services Work Plan - Pages: 7 - Sponsors: Campos - Vote 1: approval, likely final - Action: 110241 [Setting the 2011 Budget and Legislative Analyst Services Work Plan] Sponsor: Campos Motion approving the Budget and Legislative Analyst Services work plan for 2010, which: (a) allocates hours for calendar year 2011; (b) authorizes the Budget and Legislative Analyst to reallocate up to 10 percent of the hours between service categories based on Board of Supervisors service needs; and (c) requires Board of Supervisors approval of hours re-allocation greater than 10 percent; and establishes performance goals and sets a date for the 2011 Annual Performance Evaluation of the Budget and Legislative Analyst Joint Venture Partnership. Motion No. M11-41 APPROVED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110176: CEQA Findings - Public Utilities Commission Bay Division Pipeline Nos. 3 and 4 Project - Pages: 7-8 - Vote 1: adoption, likely final - Action: 110176 [CEQA Findings - Public Utilities Commission Bay Division Pipeline Nos. 3 and 4 Project] Resolution adopting findings under the California Environmental Quality Act (CEQA), including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Bay Division Pipeline Nos. 3 and 4, Project No. CUW35302, part of the Water System Improvement Program for the improvements to the regional water supply system; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 136-11 ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 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 - Pages: 8 ### File 110042: Affirming the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 8-9 - Vote 1: approval, likely final - Action: 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) Motion No. M11-44 Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos, Elsbernd ### File 110043: Reversing the Exemption Determination - 795 Foerster Street, 203 Los Palmos Drive, 207 Los Palmos Drive, and 213 Los Palmos Drive - Pages: 9 - Vote 1: tabling - Action: 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) Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos, Elsbernd ### File 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 - Pages: 9 - Vote 1: tabling - Action: 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) Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos, Elsbernd ### File 110331: Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224 - Pages: 10-11 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 110331 [Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224] Sponsor: Chiu Motion that Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with or receiving advice from the City Attorney regarding a lawsuit entitled CTIA v. City and County of San Francisco, Case No. 10-3224, filed in the Northern District of California, related to an ordinance adopted by the Board often referred to as the "Cell Phone Right to Know" Legislation. This closed session is held pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10(d)(1). Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-42 Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos - Vote 2: continuance - Action: CONVENED IN CLOSED SESSION The Board recessed at the hour of 3:08 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Cheryl Adams, Deputy City Attorney Vince Chhabria, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and continued to April 5, 2011. RECONVENING OF THE BOARD The Board at the hour of 4:24 p.m. reconvened. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 247 Printed at 5:07 pm on 4/26/11 Board of Supervisors Meeting Minutes 3/22/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Farrell, moved not disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110331: Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224 - Pages: 11 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 110331 [Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224] Sponsor: Chiu Motion that Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with or receiving advice from the City Attorney regarding a lawsuit entitled CTIA v. City and County of San Francisco, Case No. 10-3224, filed in the Northern District of California, related to an ordinance adopted by the Board often referred to as the "Cell Phone Right to Know" Legislation. This closed session is held pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10(d)(1). Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit. Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be CONTINUED AS APPROVED to April 5, 2011. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110319: Accept and Expend Grant - Audiovisual Digitization Project - $9,998 - Pages: 11 - Sponsors: Chu ### File 110320: Presidio Branch Library Reopening - Pages: 11-12 - Sponsors: Farrell ### File 110321: Accept and Expend Grant - Marina Green Bicycle Trail - $97,339 - Pages: 12 - Sponsors: Farrell ### File 110322: Accept and Expend Gift - Mayor’s Annual Earth Day Breakfast - $12,000 - Pages: 12 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 110322 [Accept and Expend Gift - Mayor’s Annual Earth Day Breakfast - $12,000] Sponsor: Mayor Resolution authorizing the Department of the Environment to accept and expend a gift in the amount of $12,000 from Wells Fargo Bank, to sponsor the Mayor’s Annual Earth Day Breakfast on April 20, 2011, at City Hall. Resolution No. 141-11 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110329: Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the June 7, 2011, Consolidated Special Election - Pages: 12 - Vote 1: amendment - Action: 110329 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the June 7, 2011, Consolidated Special Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 7, 2011, Consolidated Special Election. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1, Line 16, by deleting 'Campos, Mar, Avalos, Chiu'; Line 21, by deleting 'Chu, Mar, Kim, Wiener'; on Page 2, Line 10, by deleting 'Chu, Farrell'; and by deleting lines 12-15. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos - Vote 2: approval, likely final - Action: Motion No. M11-43 APPROVED AS AMENDED by the following vote: - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Excused: Avalos ### File 110348: Health Code - Regulation of Biological Agent Detectors - Pages: 13 - Sponsors: Chiu ### File 110349: Accept and Expend Grant - Office of Financial Empowerment Direct Deposit Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance for FY2010-2011 - $240,000 - Pages: 13 - Sponsors: Campos ### File 110350: Annual Reports - Yerba Buena Community Benefit District - Pages: 13 - Sponsors: Kim ### File 110351: Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000 - Pages: 13-14 - Sponsors: Mayor; Kim ### File 110352: Disproportionate Federal Cuts to the Community Development Block Grant Program - Pages: 14 - Sponsors: Mayor; Chu, Avalos, Chiu, Mirkarimi, Kim and Mar ### File 110353: Multifamily Housing Revenue Indebtedness - Not to Exceed $41,000,000 - Pages: 14 - Sponsors: Cohen ### File 110354: Extension of 30 Days for Planning Commission Review - Self-Service Restaurants - Pages: 14 - Sponsors: Mirkarimi ### File 110355: Protection of Safely Produced and Well Managed Youth Events - Pages: 14-15 - Sponsors: Wiener ### File 110356: Hearing - Budget, Labor, and Service Standards - Municipal Transportation Agency - Pages: 15 - Sponsors: Chiu ### File 110357: Hearing - Executive Park Area Neighborhood Plan - Pages: 15 - Sponsors: Cohen ### File 110358: Hearing - Education Fund Programs and Partnerships - Pages: 15 - Sponsors: Cohen ### File 110359: Hearing - Controller's Budgetary Overtime Costs Status Report - Largest Departments/Users - Pages: 15 - Sponsors: Campos ### File 110360: Hearing - City Services Auditor’s Report - Fire Department Payroll - Pages: 15 - Sponsors: Campos ### File 110361: Hearing - Hospital Costs in the Bay Area - Pages: 15-16 - Sponsors: Campos ### File 110362: Hearing - Fire Department Budget Update for FY2011-2012 - Pages: 16 - Sponsors: Chu ### File 110363: Hearing - Police Department Budget Update for FY2011-2012 - Pages: 16 - Sponsors: Chu ### File 110364: Hearing - Recreation and Park Department Budget Update for FY2011-2012 - Pages: 16 - Sponsors: Chu ### File 110365: Hearing - Sheriff Department Budget Update for FY2011-2012 - Pages: 16 - Sponsors: Chu ### File 110247: Acceptance of Easement - Stanislaus County - San Joaquin Pipeline System Project - Pages: 16-20 ## Extracted text ### [Page 1](https://sfbos.info/documents/2069/2011-03-22-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, March 22, 2011 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 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 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, 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/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 13 ### [Page 2](https://sfbos.info/documents/2069/2011-03-22-minutes#page-2) Board of Supervisors Meeting Minutes 3/22/2011 Members Present: David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Ross Mirkarimi, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:09 p.m. On the call of the roll, Supervisors Avalos, Chu, and Kim were noted absent. There was a quorum. Supervisor Avalos Excused from Voting Supervisor Campos, seconded by Supervisor Mirkarimi, moved that Supervisor Avalos be excused from voting. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Absent: 2 - Chu, Kim AGENDA CHANGES There were none. Supervisors Chu and Kim were noted present at 2:10 p.m. APPROVAL OF MEETING MINUTES Supervisor Campos, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of February 15, 2011. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos COMMUNICATIONS There were none. City and County of San Francisco Page 239 Printed at 5:07 pm on 4/26/11 ### [Page 3](https://sfbos.info/documents/2069/2011-03-22-minutes#page-3) Board of Supervisors Meeting Minutes 3/22/2011 CONSENT AGENDA Recommendation of the Budget and Finance Sub-Committee 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.) Ordinance No. 57-11 FINALLY PASSED Recommendation of the City Operations and Neighborhood Services Committee 110235 [Accept and Expend Grant - Medicare Improvements for Patients and Providers Act - $143,128] Sponsor: Campos Resolution authorizing the Department of Aging and Adult Services to accept and expend a grant in the amount of $143,128 from the Centers for Medicare and Medicaid Services and the Administration on Aging, passed through the California Department on Aging, to assist in expanding Medicare beneficiary enrollment and outreach activities aimed at preventing disease and promoting health. Resolution No. 137-11 ADOPTED City and County of San Francisco Page 240 Printed at 5:07 pm on 4/26/11 ### [Page 4](https://sfbos.info/documents/2069/2011-03-22-minutes#page-4) Board of Supervisors Meeting Minutes 3/22/2011 Recommendation of the Land Use and Economic Development Committee 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. Ordinance No. 56-11 FINALLY PASSED Recommendations of the Rules Committee 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) Ordinance No. 58-11 FINALLY PASSED 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) Ordinance No. 54-11 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos City and County of San Francisco Page 241 Printed at 5:07 pm on 4/26/11 ### [Page 5](https://sfbos.info/documents/2069/2011-03-22-minutes#page-5) Board of Supervisors Meeting Minutes 3/22/2011 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Economic Development Committee 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. Ordinance No. 55-11 FINALLY PASSED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos 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. PASSED ON FIRST READING by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos City and County of San Francisco Page 242 Printed at 5:07 pm on 4/26/11 ### [Page 6](https://sfbos.info/documents/2069/2011-03-22-minutes#page-6) Board of Supervisors Meeting Minutes 3/22/2011 Recommendation of the Rules Committee 110117 [Administrative Code - Publication Requirements] Sponsor: Mirkarimi Ordinance amending the San Francisco Administrative Code Section 2.97 to define "Summary" for the purpose of publishing "Public Notices." PASSED ON FIRST READING by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 101564 [Memorandum of Understanding - 34th America's Cup] Sponsors: Mayor; Chiu, Mirkarimi, Elsbernd and Chu Resolution approving a Memorandum of Understanding between the City Controller and the Port Commission regarding the 34th America's Cup under Charter Section B7.320. (Fiscal Impact.) Resolution No. 134-11 ADOPTED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos 110120 [2011 Annual Joint Fundraising Drive] Resolution designating those agencies qualified to participate in the 2011 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. Resolution No. 135-11 ADOPTED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos City and County of San Francisco Page 243 Printed at 5:07 pm on 4/26/11 ### [Page 7](https://sfbos.info/documents/2069/2011-03-22-minutes#page-7) Board of Supervisors Meeting Minutes 3/22/2011 From the Budget and Finance Sub-Committee Without Recommendation 110184 [De-Appropriating $15,479,251 of Market Rate Bond Proceeds and Re-Appropriating to Below Market Rate - Seismic Safety Loan Program - FY2010-2011] Sponsor: Mayor Ordinance de-appropriating $15,479,251 of Market Rate General Obligation Bond Proceeds, Series 2007A, and re-appropriating $15,479,251 to the Below Market Rate Seismic Safety Loan Program in the Mayor’s Office of Housing for FY2010-2011 and maintaining on Controller’s reserve the appropriation equal to the unsold portion of the bonds. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Recommendation of the Government Audit and Oversight Committee 110241 [Setting the 2011 Budget and Legislative Analyst Services Work Plan] Sponsor: Campos Motion approving the Budget and Legislative Analyst Services work plan for 2010, which: (a) allocates hours for calendar year 2011; (b) authorizes the Budget and Legislative Analyst to reallocate up to 10 percent of the hours between service categories based on Board of Supervisors service needs; and (c) requires Board of Supervisors approval of hours re-allocation greater than 10 percent; and establishes performance goals and sets a date for the 2011 Annual Performance Evaluation of the Budget and Legislative Analyst Joint Venture Partnership. Motion No. M11-41 APPROVED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Recommendation of the Land Use and Economic Development Committee 110176 [CEQA Findings - Public Utilities Commission Bay Division Pipeline Nos. 3 and 4 Project] Resolution adopting findings under the California Environmental Quality Act (CEQA), including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Bay Division Pipeline Nos. 3 and 4, Project No. CUW35302, part of the Water System Improvement Program for the improvements to the regional water supply system; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 136-11 ADOPTED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos City and County of San Francisco Page 244 Printed at 5:07 pm on 4/26/11 ### [Page 8](https://sfbos.info/documents/2069/2011-03-22-minutes#page-8) Board of Supervisors Meeting Minutes 3/22/2011 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations There were none. SPECIAL ORDER 4:00 P.M. Supervisor Elsbernd Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Campos, moved that Supervisor Elsbernd be excused from voting on File Nos. 110041, 110042, 110043, and 110044. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 2 - Avalos, Elsbernd 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 and Commission 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.) The President inquired as to whether any member of the public wished to address the Board. Steve Williams (Appellant) provided an overview of the appeal and requested the Board to approve the appeal. Kamal Obeid; Karen Brussler; Ed Kelly; Megan Tayler; Zina Marzolli; Paul Michaelson; Peter Rintera; spoke in support of the appeal. Lisa Gibson and Andrea Contreras (Planning Department) provided an overview of the decision of the Planning Department and Commission. Brett Gladstone (Project Sponsor) provided an overview of the project and requested the Board to uphold the decision of the Planning Department and Commission. Eddy Lau; spoke in support of the project and in opposition to the appeal. Steve Williams and Kamal Obeid (Appellants) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 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) Motion No. M11-44 Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 2 - Avalos, Elsbernd City and County of San Francisco Page 245 Printed at 5:07 pm on 4/26/11 ### [Page 9](https://sfbos.info/documents/2069/2011-03-22-minutes#page-9) Board of Supervisors Meeting Minutes 3/22/2011 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) Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 2 - Avalos, Elsbernd 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) Supervisor Chu, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Cohen, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 2 - Avalos, Elsbernd ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Keith Dennis; expressed various concerns relating medical marijuana. Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns. Dale Seymour; expressed concerns relating to drive-bys in the Tenderloin. Leslie; expressed various concerns relating to smart meters. Male Speaker; expressed various religious concerns. Jonathan Gast, representing Congressmember Jackie Speier; spoke acknowledging the work of the City and County of San Francisco. Jamie Whittaker; expressed concerns relating to traffic control. Ace Washington; expressed various concerns. Charles Pitts; expressed concerns relating to appointments. City and County of San Francisco Page 246 Printed at 5:07 pm on 4/26/11 ### [Page 10](https://sfbos.info/documents/2069/2011-03-22-minutes#page-10) Board of Supervisors Meeting Minutes 3/22/2011 CLOSED SESSION - CONFERENCE WITH CITY ATTORNEY - Existing Litigation 110331 [Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224] Sponsor: Chiu Motion that Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with or receiving advice from the City Attorney regarding a lawsuit entitled CTIA v. City and County of San Francisco, Case No. 10-3224, filed in the Northern District of California, related to an ordinance adopted by the Board often referred to as the "Cell Phone Right to Know" Legislation. This closed session is held pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10(d)(1). Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-42 Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos CONVENED IN CLOSED SESSION The Board recessed at the hour of 3:08 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Cheryl Adams, Deputy City Attorney Vince Chhabria, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and continued to April 5, 2011. RECONVENING OF THE BOARD The Board at the hour of 4:24 p.m. reconvened. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 247 Printed at 5:07 pm on 4/26/11 ### [Page 11](https://sfbos.info/documents/2069/2011-03-22-minutes#page-11) Board of Supervisors Meeting Minutes 3/22/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Farrell, moved not disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos 110331 [Closed Session – Lawsuit - CTIA v. CCSF – Case No. 10-3224] Sponsor: Chiu Motion that Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with or receiving advice from the City Attorney regarding a lawsuit entitled CTIA v. City and County of San Francisco, Case No. 10-3224, filed in the Northern District of California, related to an ordinance adopted by the Board often referred to as the "Cell Phone Right to Know" Legislation. This closed session is held pursuant to Government Code Section 54957.6 and Administrative Code Section 67.10(d)(1). Discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending lawsuit. Supervisor Elsbernd, seconded by Supervisor Farrell, moved that this Motion be CONTINUED AS APPROVED to April 5, 2011. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110319 [Accept and Expend Grant - Audiovisual Digitization Project - $9,998] Sponsor: Chu Resolution authorizing the Public Library to accept and expend a grant in the amount of $9,998 from the California State Library, as part of the Federal Library Services and Technology Act, for preserving and providing access to the Public Library’s unique audiovisual collections and creating standard procedures for future audiovisual digitization projects. Resolution No. 138-11 ADOPTED 110320 [Presidio Branch Library Reopening] Sponsor: Farrell Resolution recognizing the grand reopening of the Presidio Branch Library and commending the Public Library and its team for their hard work and commitment to San Francisco and its residents. Resolution No. 139-11 ADOPTED City and County of San Francisco Page 248 Printed at 5:07 pm on 4/26/11 ### [Page 12](https://sfbos.info/documents/2069/2011-03-22-minutes#page-12) Board of Supervisors Meeting Minutes 3/22/2011 110321 [Accept and Expend Grant - Marina Green Bicycle Trail - $97,339] Sponsor: Farrell Resolution authorizing the Department of Public Works to accept and expend a grant in the amount of $97,339 from the Association of Bay Area Governments for the Marina Green Bicycle Trail project between Laguna Street and Buchannan Street. Resolution No. 140-11 ADOPTED 110322 [Accept and Expend Gift - Mayor’s Annual Earth Day Breakfast - $12,000] Sponsor: Mayor Resolution authorizing the Department of the Environment to accept and expend a gift in the amount of $12,000 from Wells Fargo Bank, to sponsor the Mayor’s Annual Earth Day Breakfast on April 20, 2011, at City Hall. Resolution No. 141-11 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File No. 110329 be severed so that it may be considered separately. 110329 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the June 7, 2011, Consolidated Special Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 7, 2011, Consolidated Special Election. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1, Line 16, by deleting 'Campos, Mar, Avalos, Chiu'; Line 21, by deleting 'Chu, Mar, Kim, Wiener'; on Page 2, Line 10, by deleting 'Chu, Farrell'; and by deleting lines 12-15. The motion carried by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos Motion No. M11-43 APPROVED AS AMENDED by the following vote: Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Excused: 1 - Avalos IMPERATIVE AGENDA There were none. City and County of San Francisco Page 249 Printed at 5:07 pm on 4/26/11 ### [Page 13](https://sfbos.info/documents/2069/2011-03-22-minutes#page-13) Board of Supervisors Meeting Minutes 3/22/2011 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 110348 [Health Code - Regulation of Biological Agent Detectors] Sponsor: Chiu Ordinance amending the San Francisco Health Code by adding Article 35 to create a registration scheme and requirements for Biological Agent Detectors. 03/22/11; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 4/21/2011. 110349 [Accept and Expend Grant - Office of Financial Empowerment Direct Deposit Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance for FY2010-2011 - $240,000] Sponsor: Campos Ordinance authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in the amount of $240,000 from the Earned Assets Resource Network for implementing the Office of Financial Empowerment Direct Deposit Program, and amending Ordinance 191-10 (Annual Salary Ordinance, FY2010-2011) to provide for the creation of one (1) grant-funded position in the Office of Financial Empowerment. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Resolutions 110350 [Annual Reports - Yerba Buena Community Benefit District] Sponsor: Kim Resolution regarding Yerba Buena Community Benefit District Annual Reports to the City by receiving and approving the District's Annual Reports for FYs 2008-2009 and 2009-2010, which include the District's proposed budget for FY2010-1011, as submitted, pursuant to Section 36650 of the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 110351 [Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000] Sponsors: Mayor; Kim Resolution authorizing the Mayor’s Office of Housing to expend SOMA Community Stabilization funds in the amount of $120,000 to provide grants to nonprofit organizations for: 1) a SOMA Community Coordinator to coordinate and focus community participation related to the development of 333 Harrison; 2) assistance in reassessing and refining the SOMA Community Stabilization Fund Strategic Plan; and 3) a union journey-level instructor to provide employment training for SOMA residents. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 250 Printed at 5:07 pm on 4/26/11 ### [Page 14](https://sfbos.info/documents/2069/2011-03-22-minutes#page-14) Board of Supervisors Meeting Minutes 3/22/2011 110352 [Disproportionate Federal Cuts to the Community Development Block Grant Program] Sponsors: Mayor; Chu, Avalos, Chiu, Mirkarimi, Kim and Mar Resolution urging the Federal government to minimize the cuts to the Community Development Block Grant Program proposed by the President and the United States Congress. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 110353 [Multifamily Housing Revenue Indebtedness - Not to Exceed $41,000,000] Sponsor: Cohen Resolution declaring the intent of the City and County of San Francisco (City) to: 1) reimburse certain expenditures from proceeds of future indebtedness; 2) authorizing the Director of the Mayor’s Office of Housing (Director) to submit an application and related documents to the California Debt Limit Allocations Committee (CDLAC) for an allocation of indebtedness (Allocation) in an aggregate principal amount not to exceed $41,000,000 for Hunters View Phase IA; 3) authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; 4) authorizing the Director to certify to CDLAC that the City has on deposit the required amount; 5) authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to use such Allocation; 6) approving, for purposes of the Internal Revenue Code of 1986, as amended, the execution and delivery of a mortgage revenue note by the City in an aggregate principal amount not to exceed $41,000,000; 7) authorizing and directing the execution of any documents necessary to implement this Resolution; and 8) ratifying and approving any action heretofore taken in connection with the Project as defined herein and the Application as defined herein. 03/22/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110354 [Extension of 30 Days for Planning Commission Review - Self-Service Restaurants] Sponsor: Mirkarimi Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance amending the San Francisco Planning Code by amending Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 to: 1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; 2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; 3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; 5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and 6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; 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. 03/22/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110355 [Protection of Safely Produced and Well Managed Youth Events] Sponsor: Wiener Resolution calling for the protection of safely produced and well managed youth events, including music oriented events, in the City and County of San Francisco. 03/22/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 251 Printed at 5:07 pm on 4/26/11 ### [Page 15](https://sfbos.info/documents/2069/2011-03-22-minutes#page-15) Board of Supervisors Meeting Minutes 3/22/2011 Requests for Hearing 110356 [Hearing - Budget, Labor, and Service Standards - Municipal Transportation Agency] Sponsor: Chiu Hearing on the Municipal Transportation Agency, including, but not limited to, the budget, ongoing labor negotiations, the Agency's priorities across all modes, and key performance indicators such as recent customer surveys and on-time performance data from the Agency's Service Standards. 03/22/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110357 [Hearing - Executive Park Area Neighborhood Plan] Sponsor: Cohen Hearing on the proposed neighborhood plan for the Executive Park area. 03/22/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110358 [Hearing - Education Fund Programs and Partnerships] Sponsor: Cohen Hearing on the programs and partnerships of the San Francisco Education Fund. 03/22/11; RECEIVED AND ASSIGNED to City and School District Select Committee. 110359 [Hearing - Controller's Budgetary Overtime Costs Status Report - Largest Departments/Users] Sponsor: Campos Hearing on the Controller’s report of the status of current and projected budgetary overtime costs for the largest departments and the largest users of overtime hours. 03/22/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110360 [Hearing - City Services Auditor’s Report - Fire Department Payroll] Sponsor: Campos Hearing on the Controller’s Office, City Services Auditor’s Report concerning the payroll of the San Francisco Fire Department, covering the period from July 1, 2009, through June 30, 2010. 03/22/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 110361 [Hearing - Hospital Costs in the Bay Area] Sponsor: Campos Hearing on comparative costs of hospitals in the San Francisco Bay Area addressing the following: 1) what are the trends and drivers of Hospital Costs in the San Francisco Bay Area; 2) how do the costs of services at different hospitals compare to one another; 3) is there a relationship between quality of care and costs; 4) will future development plans by San Francisco hospitals affect costs for members of the City and Country Health Service system and for San Francisco residents that are self-insured or receive health insurance from private employers; and 5) how has the Health Service System worked to control costs and plan to control future cost increases, including its support for the launch of the accountable care organizations. 03/22/11; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 252 Printed at 5:07 pm on 4/26/11 ### [Page 16](https://sfbos.info/documents/2069/2011-03-22-minutes#page-16) Board of Supervisors Meeting Minutes 3/22/2011 110362 [Hearing - Fire Department Budget Update for FY2011-2012] Sponsor: Chu Hearing to receive update on the Fire Department's budget for FY2011-2012. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110363 [Hearing - Police Department Budget Update for FY2011-2012] Sponsor: Chu Hearing to receive update on the Police Department's budget for FY2011-2012. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110364 [Hearing - Recreation and Park Department Budget Update for FY2011-2012] Sponsor: Chu Hearing to receive update on the Recreation and Park Department budget for FY2011-2012. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110365 [Hearing - Sheriff Department Budget Update for FY2011-2012] Sponsor: Chu Hearing to receive update on the Sheriff Department's budget for FY2011-2012. 03/22/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. Introduced by the President at the Request of a Department PROPOSED RESOLUTION 110247 [Acceptance of Easement - Stanislaus County - San Joaquin Pipeline System Project] Resolution approving and authorizing an acceptance of an Easement Deed for a perpetual exclusive easement for the installation, construction, operation, inspection, maintenance, repair, and replacement of water pipelines, utilities and related appurtenances in the real property, being a portion of River Road, located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (Real Estate Department) 03/11/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 253 Printed at 5:07 pm on 4/26/11 ### [Page 17](https://sfbos.info/documents/2069/2011-03-22-minutes#page-17) Board of Supervisors Meeting Minutes 3/22/2011 Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations: Utility Boxes 95 Delmar Southwest corner of 6th Avenue and Lincoln Northeast corner of Oak and Masonic Northwest corner of Fillmore and Hermann Southwest corner of Waller and Steiner Emergency Boxes Northeast corner of 3rd Avenue and Irving Southeast corner of Cole and Frederick Parking Meters 1608 Irving Parking and Traffic Signs 1237 Masonic Approximately 10 Beulah Potholes 1636 Irving Intersection 16th Avenue and Irving From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Northwest corner of 16th Avenue and Irving Northwest corner of Funston and Irving San Francisco Chronicle 701 Cole Common Ground Northwest corner of Funston and Irving USA Today Northwest corner of Funston and Irving Auto Weekly Northwest corner of Funston and Irving Advertiser 400 Irving SF Weekly Southeast corner of 19th Avenue and Lincoln City and County of San Francisco Page 254 Printed at 5:07 pm on 4/26/11 ### [Page 18](https://sfbos.info/documents/2069/2011-03-22-minutes#page-18) Board of Supervisors Meeting Minutes 3/22/2011 From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 1053 Haight St. 1081 Haight St. 930 Haight St., on side 1328 Haight St. 1327 Haight St. 323 Lincoln 1621 Lincoln 1707 Lincoln 522 Frederick 840 Stanyan 800 Irving, on 19th Ave. 400 Irving 400 Duboce, on the Fillmore and Church side 1777 Haight St. 1789 Haight St. 1795 Haight St. 1347 Oak 350 Laguna 300 Laguna 546 Haight St. 542 Haight St. 418 Haight St. 1167 Oak 100 Scott From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Pole 367 Haight Southwest corner of Fillmore and Laussant Near 109 Fillmore Southeast corner of Haight and Fillmore, on Haight Southeast corner of Fillmore and Haight, on Fillmore 200 block of Haight, 2 poles near the UC campus 870 Haight St. 930 Haight St. 962 Haight St. 1016 Haight St. 1126 Haight St. Approximately 1165 Haight St. 1292 Haight St. 1340 Haight St. 15 Frederick 130 Frederick 390 Frederick Approximately 494 Frederick Approximately 630 Frederick 1049 Lincoln City and County of San Francisco Page 255 Printed at 5:07 pm on 4/26/11 ### [Page 19](https://sfbos.info/documents/2069/2011-03-22-minutes#page-19) Board of Supervisors Meeting Minutes 3/22/2011 1641 Lincoln 123 Beulah Approximately 105 Beulah Northwest corner of Beulah and Cole From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the following locations: Garbage Cans 1601 Lincoln Southeast corner of 19th Avenue and Lincoln (one on 19th Ave., one on Lincoln) Northeast corner of 11th Avenue and Irving Southeast corner of Cole and Haight Southwest corner of Haight and Fillmore Southeast corner of Fillmore and Page Mailboxes Northeast corner of Baker and Haight Southeast corner of Frederick and Stanyan Southwest corner of Funston and Lincoln Southwest corner of Octavia and Page Street Walls and Overpasses Southeast corner of 19th Avenue and Irving Approximately 1280 Irving Statue of William McKinley, east side of Panhandle Public Benches Southwest corner of Masonic and Haight Opposite 1865 Oak, in Panhandle Opposite 1809 Oak, in Panhandle Opposite 1665 Oak, in Panhandle In Memoriams Florence Brown – Supervisor Cohen Nicholas Armanino – Supervisor Elsbernd Cameron Beach – Full Board Peter Nardoza – Full Board Brian Samuel Connolly Heron – Supervisor Mirkarimi City and County of San Francisco Page 256 Printed at 5:07 pm on 4/26/11 ### [Page 20](https://sfbos.info/documents/2069/2011-03-22-minutes#page-20) Board of Supervisors Meeting Minutes 3/22/2011 ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:26 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on April 26, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 257 Printed at 5:07 pm on 4/26/11