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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, April 3, 2012 - 2:00 PM
Regular Meeting
DAVID CHIU, PRESIDENT
JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND,
MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, 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, Avalos, Kim, Cohen, Wiener 1:00 PM
Budget and Finance Sub-Committee Wednesday
Supervisors Chu, Avalos, Kim 10:00 AM
City and School District Select Committee 4th Thursday
Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM
City Operations and Neighborhood Services Committee 2nd and 4th Monday
Supervisors Elsbernd, Chu, Olague 10:00 AM
Government Audit and Oversight Committee 2nd and 4th Thursday
Supervisors Farrell, Elsbernd, Chiu 1:00 PM
Land Use and Economic Development Committee Monday
Supervisors Mar, Cohen, Wiener 1:00 PM
Public Safety Committee 1st and 3rd Thursday
Supervisors Avalos, Olague, Mar 10:30 AM
Rules Committee 1st and 3rd Thursday
Supervisors Kim, Farrell, Campos 1:30 PM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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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.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board
has several standing committees where ordinances and resolutions are the subject of hearings at
which members of the public are urged to testify. The full Board does not hold a second public
hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience 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; and 4) standing in the meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by
the President or Chair at the beginning of each item or public comment, excluding City
representatives, 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. 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.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons
unable to attend the meeting may submit to the City, by the time the proceedings begin, written
comments regarding the agenda items above. These comments will be made a part of the official
public record and shall be brought to the attention of the Board of Supervisors. Written
communications should be submitted to the Clerk of the Board, Clerk of a Committee or its members:
1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are
not received prior to the hearing may be delivered to the Clerk of the Committee at the hearing and
you are encouraged to bring enough copies for distribution.
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, 1 Dr.Carlton B
Goodlett Place, or 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.
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Disability Access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) 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, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus
lines also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. 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.
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; phone at (415)
554-7724; 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
http://www.sfgov.org/ethics
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the February 28, 2012, Board Meeting Minutes.
COMMUNICATIONS
CONSENT AGENDA
There are no items.
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendation of the Public Safety Committee
Present: Supervisors Avalos, Olague, Mar
City and County of San Francisco Page 4 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
1. 120046 [Administrative Code - Establish Policy Regarding Participation in Federal
Counterterrorism Activities]
Sponsors: Kim; Avalos, Campos, Chiu, Olague and Mar
Ordinance amending the San Francisco Administrative Code by adding Section 2A.84 to:
1) set City policy regarding participation in Federal counterterrorism activities; and 2) set
parameters for Police Department participation in the activities of the Federal Bureau of
Investigation's Joint Terrorism Task Force and other counterterrorism activities.
Attachments: Legislation_Ver1
Leg_Digest_Ver1
Comm_Packet_030112
Board_Packet_031312
Legislation_Ver2
Leg_Digest_Ver2
Board_Packet_032012
Board_Packet_032712
Board_Packet_040312
03/13/2012; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
03/13/2012; PASSED ON FIRST READING AS AMENDED.
03/20/2012; CONTINUED ON FINAL PASSAGE.
03/27/2012; CONTINUED ON FINAL PASSAGE.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Chu, Avalos, Kim
City and County of San Francisco Page 5 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
2. 120124 [Agreement - BAE Systems - Shoreside Power at Drydock #2 - Pier 70 - Not to
Exceed $5,700,000]
Sponsors: Mayor; Cohen
Ordinance authorizing the Director of the Port to execute an agreement with BAE
Systems San Francisco Ship Repair to install shoreside power equipment at Drydock #2
at Pier 70 for an amount not to exceed $5,700,000 and exempting the agreement from
the contracting requirements of the Administrative Code and Environment Code.
(Fiscal Impact)
Attachments: Legislation_ver1
Comm_Packet_032812
Budget_Analyst_032812
Legislative_Digest_Ver1
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
3. 120222 [North Beach Branch Library - Environmental Findings and Bond Proceeds]
Sponsors: Mayor; Chiu
Ordinance adopting environmental findings with respect to the North Beach Branch
Library and approving the expenditure on the North Beach Branch Library of bond
proceeds of lease revenue bonds previously authorized and issued to finance various
projects under the Branch Library Improvement Program, as further described herein;
granting general authority to City officials to take certain actions in connection with the
expenditure of bond proceeds; and ratifying previous actions taken in connection
therewith.
(Fiscal Impact)
Attachments: Legislation_Ver1
Legislative_Digest_Ver1
Comm_Packet_032812
Budget_Analyst_032812
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 6 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
4. 120223 [Appropriating $6,259,742 of Fund Balance and General Obligation Bond
Proceed Interest Earnings to the Public Library in FY2011-2012]
Sponsors: Mayor; Chiu
Ordinance appropriating $6,259,742 consisting of $5,778,742 in Library Preservation
Fund unappropriated fund balance and $481,000 in interest earnings from the Branch
Library Improvement Program (BLIP) General Obligation Bond proceeds to the Public
Library in FY2011-2012 for the completion of remaining projects in the BLIP.
(Fiscal Impact)
Attachments: Legislation_ver1
Comm_Packet_032812
Budget_Analyst_032812
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
5. 120178 [2012 Annual Joint Fundraising Drive]
Resolution designating those agencies qualified to participate in the 2012 Annual Joint
Fundraising Drive for officers and employees of the City and County of San Francisco.
Attachments: Legislation_ver1
Comm_Packet_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
6. 120201 [Equipment Lease - 2012 Finance Corporation Equipment Program - Revenue
Bonds - Not to Exceed $10,500,000]
Sponsor: Mayor
Resolution approving the form of and authorizing execution and delivery by the City and
County of San Francisco of an Equipment Lease Supplement No. 18 (Series 2012A
Bonds) between the City and County of San Francisco Finance Corporation, as lessor,
and the City and County of San Francisco, as lessee, with respect to certain equipment
to be used for city purposes, a related certificate of approval and a continuing disclosure
certificate; approving the issuance of lease revenue bonds by said nonprofit corporation
in an amount not to exceed $10,500,000; approving the form of the official statement and
the distribution thereof in preliminary and final form; providing for reimbursement to the
City and County of San Francisco of certain city expenditures incurred prior to the
issuance of lease revenue bonds; and providing for the execution of documents in
connection therewith.
(Fiscal Impact)
Attachments: Legislation_ver1
Comm_Packet_032812
Budget_Analyst_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 7 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
7. 120225 [Accept and Expend Grant - Institute for Local Government - $40,615]
Sponsor: Cohen
Resolution authorizing the Adult Probation Department on behalf of the Reentry Council
of San Francisco to retroactively accept and expend a grant in the amount of $40,615
from the Institute for Local Government, as a sub-recipient of a grant award made by the
Rosenberg Foundation, for activities related to the implementation of the California
Reentry Council Network.
Attachments: Legislation_ver1
Comm_Packet_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
8. 120226 [Accept and Expend Grant - Egg Quality Control Program - $3,883.76]
Sponsor: Cohen
Resolution authorizing the San Francisco Department of Public Health to retroactively
accept and expend a State grant in the amount of $3,883.76 from the California
Department of Food and Agriculture, to participate in a program entitled Egg Quality
Control Program for the period of July 1, 2011, through June 30, 2012, and waiving
indirect costs.
Attachments: Legislation_ver1
Comm_Packet_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
9. 120228 [Accept and Expend Grant - Boeddeker Park - $493,000]
Sponsors: Mayor; Kim
Resolution authorizing the Recreation and Parks Department to accept and expend an
Urban Greening Grant in the amount of $493,000 for Boeddeker Park funded by the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006 (Proposition 84).
Attachments: Legislation_ver1
Comm_Packet_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
City and County of San Francisco Page 8 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
10. 120229 [Taxable and/or Tax-Exempt Certificates of Participation for Various Capital
Improvements - Official Statement]
Sponsor: Mayor
Resolution approving the form of and authorizing the distribution of a preliminary official
statement relating to the execution and delivery of City and County of San Francisco
Certificates of Participation for Various Capital Improvements and authorizing the
preparation, execution and delivery of a final official statement; ratifying the approvals
and terms and conditions of a previous ordinance; and related matters.
(Fiscal Impact)
Attachments: Legislation_ver1
Comm_Packet_032812
Board_Packet_040312
Question: Shall this Resolution be ADOPTED?
Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Farrell, Elsbernd, Chiu
11. 120189 [Memorandum of Understanding, Amendment 2 - Service Employees
International Union, Local 1021]
Sponsor: Mayor
Ordinance adopting and implementing Amendment No. 2 to the 2010-2012
Memorandum of Understanding between the City and County of San Francisco and the
Service Employees International Union, Local 1021, by implementing specified terms and
conditions of employment for FY2011-2012.
Attachments: Legislation_Ver1
Controller_Report_032112
Comm_Packet_032212
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 9 Printed at 10:16 am on 4/3/12
Page 10
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
12. 110853 [Planning, Administrative Codes - Public Art Fee and Public Artwork Trust
Fund]
Sponsors: Mayor; Chiu
Ordinance: 1) amending the San Francisco Planning Code Section 429 to provide that
developers currently required to spend one percent (1%) of construction costs for public
artwork on any new development project or addition to an existing building over 25,000
square feet located in a C-3 district have an option to contribute all or a portion of that fee
to a City fund dedicated to support public art, and to extend the fee to all non-residential
projects that involve construction of a new building or addition of floor area in excess of
25,000 square feet and that have submitted their first complete Development Application
on or after January 1, 2013, on the following parcels: (a) all parcels in RH-DTR, TB-DTR,
SB-DTR, SLI, SLR, SSO, C-M, and UMU Districts; (b) properties that are zoned MUG,
MOU, or MUR and that are north of Division/Duboce/13th Streets; and (c) all parcels
zoned C-2 except for those on Blocks 4991 (Executive Park) and 7295 (Stonestown
Galleria Mall); 2) amending the San Francisco Administrative Code by adding Section
10.200-29 to establish a Public Artwork Trust Fund, funded through contributions and
Public Art Fees, for the creation, installation, exhibition, conservation, preservation, and
restoration of temporary and permanent public art and capital improvements to nonprofit
art facilities within the C-3 district and within a half mile of the boundary of the C-3 district
or, if the project is in another zoning district, within a half mile of the project boundary, to
be administered and expended by the Arts Commission; and 3) making 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.
Attachments: Legislation_Ver1
Leg_Digest_Ver1
Response_PLN_082311
Response_PLN_103111
Legislation_Ver2
Leg_Digest_Ver2
Comm_Packet_010912
Legislation_Ver3
Leg_Digest_Ver3
Comm_Packet_013012
Legislation_Ver4
Leg_Digest_Ver4
Comm_Packet_022712
Legislation_Ver5
Leg_Digest_Ver5
Comm_Packet_030512
Comm_Packet_032612
Legislation_Ver6
Leg_Digest_Ver6
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 11 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
13. 111337 [Planning Code - Extension of Time for Legitimization of Existing Eastern
Neighborhoods Uses]
Sponsor: Cohen
Ordinance amending the San Francisco Planning Code Section 179.1(b) to: 1) extend
through November 12, 2012, the period of time in which existing uses in the Eastern
Neighborhoods area that have operated without permits may file an application for
determination of eligibility for legitimization; 2) establish a deadline within which the
applicant must proceed with the legitimization process; and 3) make 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.
Attachments: Legislation_Ver1
Leg_Digest_Ver1
Response_PLN_010512
Response_SBC_022811
Response_PLN_030112
Comm_Packet_031212
Legislation_Ver2
Leg_Digest_Ver2
Comm_Packet_032612
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 12 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
SPECIAL ORDER 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Pending approval of File No. 120311.)
14. 120312 [Hearing - Contracts Approval - Certain Improvements to Port Property for
34th America’s Cup Event; Authorizing Wavier of Certain Bidding and
Contracting Requirements]
Hearing of persons interested in or objecting to proposed Ordinance authorizing the
waiver of certain bidding, and contracting requirements of the Administrative Code, and
authorizing the Director of the Port to execute contracts for certain improvements to Port
property for the 34th America’s Cup Event. (Clerk of the Board)
Attachments: Board_Packet_040312
Question: Shall this Hearing be HEARD AND FILED?
Committee of the Whole Adjourn and Report
From the Budget and Finance Sub-Committee Without Recommendation
Present: Supervisors Chu, Avalos, Kim
City and County of San Francisco Page 13 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
15. 120282 [Contract Approval - Certain Improvements to Port Property for 34th
America's Cup Event; Authorizing Waiver of Certain Bidding and Contracting
Requirements]
Sponsor: Mayor
Ordinance 1) authorizing the Port to amend a contract between the Port and Turner
Construction Company to perform certain improvements to Piers 27-29, Piers 19 and 23,
and Piers 30-32, and to remove portions of Pier ½ and 64; 2) alternatively, authorizing
the Port to execute an agreement between the Port and one of the next highest-ranked
proposers, in order of rank, for the Pier 27 Cruise Ship Terminal and Northeast Wharf
Plaza Project, to perform certain improvements to Piers 27-29, Piers 19 and 23, and
Piers 30-32, and to remove portions of Pier ½ and 64; 3) authorizing the Port to contract
with the America's Cup Event Authority for assignment to the Port of its contract with
Power Engineering Construction Company for improvements to Piers 30-32 only; 4)
authorizing the Port to enter into a contract with AECOM for construction-design
engineering services for improvements to Piers 30-32 related to the 34th America's Cup
Event; and 5) waiving competitive bidding and solicitation requirements of Administrative
Code Sections 6.20, 6.21, 6.68(A)-(F), 6.40, and 6.41, and requirements of
Administrative Code Sections 14B.19(C)(1)-(5).
(Fiscal Impact)
Attachments: Legislation_ver1
Comm_Packet_032812
Legislation_ver2
120282 Leg digest 2
Board_Packet_040312
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 14 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4:00 p.m. 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 4:00
p.m. 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 4:00 p.m:
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 4:00 p.m.
5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4:00
p.m.
16. 120183 [Public Hearing - Conditional Use Appeal - 1111 California Street]
Hearing of persons interested in or objecting to the decision of the Planning
Commission's January 19, 2012, approval of a Conditional Use Authorization identified
as Planning Case No. 2011.0471C, by its Motion No. 18520, pursuant to Planning Code
Sections 185(e) and 303, to continue the existing non-conforming assembly and
entertainment uses of the “Nob Hill Masonic Center”, and to continue the existing food
and beverage service uses within the center, on a property within the RM-4 (Residential
Mixed, Medium Density) District, the 65-A Height and Bulk District, and the Nob Hill
Special Use District, located at 1111 California Street, Assessor’s Block No. 0253, Lot
No. 020. (District 3) (Appellants: Stephen Gomez on behalf of the Nob Hill Coalition,
James Wall on behalf of the Nob Hill Association, William Terrell, Elizabeth Pomada,
Donna Muse, and Aldo Caccamo) (Filed February 21, 2012).
Attachments: Board_Packet_032012
Board_Packet_032712
Board_Packet_040312
03/20/2012; CONTINUED.
03/27/2012; CONTINUED.
Question: Shall this Hearing be HEARD AND FILED?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you
challenge, in court, the conditional use application decision 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.
City and County of San Francisco Page 15 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
(Only one of the following two motions should be approved.)
17. 120184 [Approving Planning Commission Decision Related to Conditional Use
Authorization - 1111 California Street]
Motion approving decision of the Planning Commission by its Motion No. 18520,
approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on
property located at 1111 California Street, and adopting findings pursuant to Planning
Code Section 101.1.
Attachments: Legislation_Ver1
Board_Packet_032012
Board_Packet_032712
Board_Packet_040312
03/20/2012; CONTINUED.
03/27/2012; CONTINUED.
Question: Shall this Motion be APPROVED?
18. 120185 [Disapproving Planning Commission Decision Related to Conditional Use
Authorization - 1111 California Street]
Motion disapproving decision of the Planning Commission by its Motion No. 18520,
approving Conditional Use Authorization identified as Planning Case No. 2011.0471C on
property located at 1111 California Street, and adopting findings pursuant to Planning
Code Section 101.1. (Clerk of the Board)
Attachments: Legislation_Ver1
Board_Packet_032012
Board_Packet_032712
Board_Packet_040312
03/20/2012; CONTINUED.
03/27/2012; CONTINUED.
Question: Shall this Motion be APPROVED?
City and County of San Francisco Page 16 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
19. 120186 [Preparation of Findings Related to the Conditional Use Authorization - 1111
California Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed
Conditional Use Authorization identified as Planning Case No. 2011.0471C on property
located at 1111 California Street. (Clerk of the Board)
Attachments: Legislation_Ver1
Board_Packet_032012
Board_Packet_032712
Board_Packet_040312
03/20/2012; CONTINUED.
03/27/2012; CONTINUED.
Question: Shall this Motion be APPROVED?
City and County of San Francisco Page 17 Printed at 10:16 am on 4/3/12
Page 18
Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Rules Committee at a Special Meeting on
Thursday, March 29, 2012, at 1:30 p.m. The Chair intends to request the Committee to
send the following item to the Board as a committee report on Tuesday, April 3, 2012.
20. 111082 [Campaign and Governmental Conduct and Municipal Elections Codes -
Amending Public Financing Program]
Sponsors: Kim; Campos, Mar and Avalos
Ordinance amending the Campaign and Governmental Conduct Code and the Municipal
Elections Code to modify funding of the City's public financing program, to increase
expenditure ceilings for supervisorial candidates, to delay the date on which public funds
may be disbursed, to change the qualification requirements for participating candidates,
and to advance the date by which all local candidates must file their nomination papers.
Attachments: Leg_Digest_Ver1
Legislation_Ver1
Legislation_Ver2
Leg_Diget_Ver2
Comm_Packet_022312
Legislation_Ver3
Board_Packet_022812
Legislation_Ver4
Leg_Digest_Ver4
Legislation_Ver5
Comm_Packet_032912
Board_Packet_040312
02/28/2012; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
02/28/2012; RE-REFERRED AS AMENDED to the Rules Committee.
Question: Shall this Ordinance be PASSED ON FIRST READING?
21. 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.
City and County of San Francisco Page 18 Printed at 10:16 am on 4/3/12
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
22. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public
that are within the subject matter jurisdiction of the Board, including items being considered today
which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
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.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
Items 21 through 24
23. 120292 [Supporting Assembly Bill 1831 - Regarding Expansion of California’s “Ban
the Box” Policy]
Sponsors: Olague; Campos and Avalos
Resolution supporting Assembly Bill 1831, which expands California’s “Ban the Box”
policy for state and public employees to city and county workers statewide.
Attachments: Legislation_VER1
Board_Packet_032712
Board_Packet_040312
03/21/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
03/27/2012; CONTINUED.
Question: Shall this Resolution be ADOPTED?
24. 120311 [Committee of the Whole - Contracts Approval - Certain Improvements to Port
Property for 34th America’s Cup Event; Authorizing Wavier of Certain Bidding
and Contracting Requirements - April 3, 2012]
Sponsor: Chiu
Motion scheduling the Board to sit as a Committee of the Whole on April 3, 2012, at 3
p.m., to hold a public hearing and consider an Ordinance authorizing the waiver of
certain bidding, and contracting requirements of the Administrative Code, and authorizing
the Director of the Port to execute contracts for certain improvements to Port property for
the 34th America’s Cup Event.
Attachments: Board_Packet_040312
03/28/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
25. 120306 [Apply For - Housing Related Parks Grants]
Sponsors: Mayor; Cohen and Kim
Resolution authorizing the Recreation and Parks Department to apply for grants from the
California Department of Housing and Community Development.
Attachments: Legislation_VER1
Board_Packet_040312
03/28/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
26. 120307 [Accept and Expend Grant - Books to Action - Economic Empowerment Book
Club - $2,398]
Sponsor: Olague
Resolution authorizing the Public Library to accept and expend a Federal/State
pass-through grant in the amount of $2,398 from the California State Library as part of
the Federal Library Services and Technology Act to utilize highly skilled volunteers to
assist young adults with their financial management needs.
Attachments: Legislation_VER1
Board_Packet_040312
03/28/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
27. 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, April 3, 2012
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED ORDINANCES
Proposed ordinances received from March 20, 2012, through March 26, 2012, for
reference by President to appropriate committee on April 3, 2012.
120271 [Zoning Map Amendment - 8 Washington Street Project (Assessor’s Block No.
0201, Lot No. 012]
Ordinance: 1) amending Sheet HT01 of the Zoning Map of the City and County of San
Francisco to change the height and bulk district classification of two areas along the
Drumm Street frontage of the property located at Assessor's Block No. 0201, Lot No.
012 (8 Washington Street), from 84-E to 92-E in one area and to 136-E in another area;
and 2) making 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)
Attachments: 120271.DOC
03/26/2012; RECEIVED FROM DEPARTMENT.
04/03/2012; ASSIGNED UNDER 30 DAY RULE to the Land Use and Economic Development Committee.
120272 [General Plan Amendment - 8 Washington Street Project (Assessor's Block
No. 0201, Lot No. 012)]
Ordinance: 1) amending the San Francisco General Plan by amending Map 2 (Height
and Bulk Plan) of the Northeastern Waterfront Area Plan as part of the 8 Washington
Street Project; and 2) making environmental findings, Planning Code Section 340
findings, and findings of consistency with General Plan, as amended, and with the
Priority Policies of Planning Code Section 101.1. (Planning Commission)
03/26/2012; RECEIVED FROM DEPARTMENT.
04/03/2012; ASSIGNED UNDER 30 DAY RULE to the Land Use and Economic Development Committee.
120274 [Park Code - Golden Gate Park Concourse Underground Parking Facility
Fees]
Ordinance amending the San Francisco Park Code, Article 12, by: 1) amending Section
12.35 to increase certain parking rates and eliminate the Early Bird Rate at the Golden
Gate Park Concourse Underground Parking Facility, 2) amending Section 12.20 to clarify
the requirements for annual fee adjustments, and 3) adding a new Section 12.49 to ratify
prior fees and fee adjustments; and making environmental findings and findings of
consistency with general plan. (Recreation and Park Department)
03/26/2012; RECEIVED FROM DEPARTMENT.
04/03/2012; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
PROPOSED RESOLUTIONS
Proposed resolutions received from March 20, 2012, through March 26, 2012, for
reference by President to appropriate committee on April 3, 2012.
120270 [Approval of Public Trust Exchange; Agreement to Sell Portion of Seawall Lot
351 in Exchange for Portion of Block 168-Lot 58, Block 171-Lot 69, and Block
201-Lot 12; Approval of Lease and Maintenance Agreement]
Resolution approving and authorizing a Purchase and Sale Agreement with San
Francisco Waterfront Partners II, LLC for the sale by the San Francisco Port
Commission of unimproved real property located on Seawall Lot 351 at the corner of The
Embarcadero and Washington Street in exchange for a portion of real property located
on Block 168-Lot 58, Block 171-Lot 69, and Block 201-Lot 12 having an address at 8
Washington; approving and authorizing a Trust Exchange Agreement with the California
State Lands Commission that would remove the public trust from such portion of Seawall
Lot 351 and impressing the public trust on such portion of real property located on Block
168-Lot 58, Block 171-Lot 69, and Block 201-Lot 12; approving and authorizing a 66-year
Lease with San Francisco Waterfront Partners II, LLC for real property near The
Embarcadero and former Pacific Street; approving and authorizing a Maintenance
Agreement with San Francisco Waterfront Partners II, LLC for the maintenance of open
space bound by The Embarcadero, Washington Street and Drumm Street; adopting
environmental findings and findings of consistency with the General Plan and the eight
Priority Policies of City Planning Code Section 101.1; and authorizing the Port's
Executive Director and the City's Director of Property to execute documents, make
certain modifications and take certain actions in furtherance of this Resolution. (Port)
03/26/2012; RECEIVED FROM DEPARTMENT.
04/03/2012; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee.
120273 [Re-Appointment - Local Homeless Coordinating Board]
Resolution re-appointing Christine Ma, M.D., for a term expiring October 21, 2015, to the
Local Homeless Coordinating Board, residency requirement waived. (Controller)
Attachments: Legislation_Ver1
03/27/2012; RECEIVED FROM DEPARTMENT.
04/03/2012; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
120303 [Petitions and Communications]
Petitions and Communications received from March 20, 2012, through March 26, 2012,
for reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on April 3, 2012.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information provided will not be redacted.
From concerned citizens, regarding Ross Mirkarimi. 8 letters (1)
From Office of the Mayor, regarding the suspension of Sheriff Ross Mirkarimi from the
Office of Sheriff, and the appointment of Vicki Hennessey to discharge the duties of
Sheriff during the period of Sheriff Mirkarimi's suspension under Charter Section 15.105.
(2)
From Office of the Clerk of the Board, the following individuals have submitted a Form
700 Statement: (3)
Supervisor David Campos, BOS, LAFCo - Annual
Supervisor David Chiu, BOS - Annual
Supervisor Sean Elsbernd, BOS - Annual
Andrea Bruss, Legislative Aide - Annual
Margaux Kelly, Legislative Aide - Annual
Matthias Mormino, Legislative Aide - Annual
Nick Pagoulatos, Legislative Aide - Annual
Catherine Stefani, Legislative Aide - Annual
Hanley Chan, SOTF - Annual
Hope Johnson, SOTF - Annual
Severin Campbell, Budget Analyst - Annual
Myong Leigh, Redistricting Task Force - Annual
Sonia Melara, Redistricting Task Force - Annual
Mark Schreiber, Redistricting Task Force - Annual
Melissa Tidwell, Redistricting Task Force - Annual
Jen Low, Legislative Aide - Leaving
Ohn Myint, COB, Annual - Leaving
Christopher Rustom, COB - Leaving
From concerned citizens, regarding murals at the Bernal Heights Branch Library. 2
letters (4)
From concerned citizens, thanking the Board of Supervisors for broadcasting their
meetings on the radio. 2 letters (5)
From Aaron Goodman, regarding adequate working class housing in San Francisco. (6)
From James Chaffee, regarding a false arrest lawsuit. Copy: Each Supervisor, 2 letters
(7)
From Immigrant Rights Commission, submitting support for the United States Court of
Appeals recent stay of deportation ruling on five immigration cases. Copy: Each
Supervisor (8)
From Office of the Mayor, submitting the following appointment: Copy: Rules Committee
Clerk (9)
Health Commission
Belle Taylor-McGhee, term ending January 15, 2016
From Clerk of the Board, submitting copy of memorandum sent to the Board of
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Board of Supervisors Meeting Agenda Tuesday, April 3, 2012
Supervisors regarding the following appointment by the Mayor: (10)
Health Commission
Belle Taylor-McGhee, term ending January 15, 2016
From Dana Bellwether, regarding first amendment rights in San Francisco. Copy: Each
Supervisor (11)
From concerned citizens, regarding Conditional Use Authorization on property located at
1111 California Street. File No. 120183, Copy: Each Supervisor, 4 letters (12)
From Recreation and Park Department, submitting the FY2011-2012 Second Quarter
Lead Poisoning Prevention Report. Copy: Each Supervisor (13)
From Office of the Controller, submitting the Portsmouth Plaza Parking Corporation Audit
Report. (14)
*From Farella, Braun & Martel, regarding Conditional Use Authorization on property
located at 1111 California Street. File No. 120183, Copy: Each Supervisor, City Attorney
(15)
From State Fish and Game Commission, regarding proposed regulatory action relating to
Central marine protected areas. Copy: Each Supervisor (16)
From Sheralyn Bundy, regarding drinking water in San Francisco. (17)
*From Office of the Controller, submitting the FY2011-2012 San Francisco Park
Maintenance Standards Annual Report. (18)
From City Administrator, regarding the Diesel and Biodiesel Purchasing Policy. (19)
From Rosemary Newton, commenting that ocean beach has not been maintained,
renovated, or cleaned for years. (20)
From Civil Service Commission, submitting notice of amendments to the Civil Service
Commission Rule 311, that establishes a pilot program which will allow the release of the
rating keys for review by Fire Department promotional candidates of examinations
developed by the Department of Human Resources. Copy: Each Supervisor (21)
From Aaron Goodman, regarding student housing impacts on family rental housing
stock. File Nos. 113374, 120191, and 120220 (22)
From Department of Public Health, submitting notice of a grant budget revision for
primary and behavioral health care integration. Copy: Each Supervisor, Budget and
Finance Committee Clerk (23)
*(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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