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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Hearing Room 416
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, October 4, 2011 - 2:00 PM
Regular Meeting
DAVID CHIU, PRESIDENT
JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND,
MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER
Angela Calvillo, Clerk of the Board
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
BOARD COMMITTEES
Committee Membership Meeting Days
Budget and Finance Committee Wednesday
Supervisors Chu, Mirkarimi, Kim 10:00 AM
City and School District Select Committee 2nd and 4th Thursday
Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Maufas, Norton 3:30 PM
City Operations and Neighborhood Services Committee 2nd and 4th Monday
Supervisors Avalos, Mar, Elsbernd 10:00 AM
Government Audit and Oversight Committee 2nd and 4th Thursday
Supervisors Campos, Farrell, Chiu 10:00 AM
Land Use and Economic Development Committee Monday
Supervisors Mar, Cohen, Wiener 1:00 PM
Public Safety Committee 1st and 3rd Thursday
Supervisors Mirkarimi, Cohen, Campos 10:30 AM
Rules Committee 1st and 3rd Thursday
Supervisors Kim, Elsbernd, Farrell 1:30 PM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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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, October 4, 2011
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
COMMUNICATIONS
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall be
removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated.
Items 1 through 7
Recommendation of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
1. 110900 [Administrative Code - Film Fees and Rebate Program]
Sponsor: Farrell
Ordinance amending the San Francisco Administrative Code Sections 57.5 and 57.8 to:
1) decrease filming fees for smaller-budget productions; 2) include documentary films,
docudrama films, and "reality" programming among eligible productions for the Film
Rebate Program; 3) exempt productions by nonprofit entities, public service
announcements, and qualifying student productions from film fees; and 4) make
environmental findings.
(Fiscal Impact)
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors Avalos, Mar, Elsbernd
2. 110884 [Accept and Expend Grant - the STOP Study - $443,333]
Sponsor: Wiener
Resolution authorizing the San Francisco Department of Public Health to retroactively
accept and expend a grant from the Centers for Disease Control and Prevention in the
amount of $443,333 to fund the STOP Study for the period of June 15, 2011, through
June 14, 2012.
Question: Shall this Resolution be ADOPTED?
Recommendations of the Public Safety Committee
Present: Supervisors Mirkarimi, Cohen
3. 110846 [Administrative Code - Postrelease Community Supervision Program]
Sponsors: Mirkarimi; Cohen
Ordinance amending the San Francisco Administrative Code by adding Article XXII,
Sections 2A.300 and 2A.301, Chapter 2A to: 1) designate the Adult Probation
Department as the county agency responsible for providing postrelease community
supervision to eligible inmates released from state prison, as required under California
Penal Code section 3451; and 2) authorize the Adult Probation Department to develop a
Home Detention and Electronic Monitoring Program that can be used as a supervision
tool and sanction for persons who violate conditions of their Postrelease Community
Supervision Program.
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
4. 110901 [Police Code - Safe Storage and Enhanced-Lethality Ammunition Findings]
Sponsors: Mirkarimi; Campos, Cohen and Chiu
Ordinance amending the San Francisco Police Code by adding Sections 4511 and
613.9.5 to add findings to ordinances: 1) requiring a handgun to be kept in a locked
container or disabled with a trigger lock; and 2) prohibiting the sale of enhanced-lethality
ammunition.
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
Recommendations of the Rules Committee
Supervisors Kim, Elsbernd, Farrell
5. 110139 [Settlement of Lawsuit - Loren Miller Homes - $317,500]
Ordinance authorizing settlement of the lawsuit filed by Loren Miller Homes, a California
corporation, against the City and County of San Francisco for $317,500; the lawsuit was
filed on July 22, 2010, in San Francisco Superior Court, Case No. CGC-10-501831;
entitled Loren Miller Homes v. City and County of San Francisco, et al. (City Attorney)
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
6. 110692 [Settlement of Lawsuit - West Bay Builders, Inc. - City to Retain $900,000]
Ordinance authorizing settlement of the lawsuit entitled West Bay Builders, Inc. v. City
and County of San Francisco, San Francisco Superior Court Case No. CGC-10-503366,
arising from a breach of contract dispute regarding Contract No. 6159A for construction
of a new Recreation and Park Department (RPD) facility known as the Minnie and Lovie
Ward Recreation Center and Ocean View Park, for which West Bay Builders, Inc.,
served as the prime contractor, calling for the RPD to retain $900,000 from the contract
balance and including other material terms of said settlement. (City Attorney)
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
7. 110954 [Settlement of Lawsuit - Julio Calero - $75,000]
Ordinance authorizing settlement of the lawsuits filed by Julio Calero against the City and
County of San Francisco for $75,000; the lawsuits were filed on September 18, 2009,
and March 19, 2010, in San Francisco Superior Court, Case Nos. CGC-08-479969 and
CGC-10-497921; entitled Julio Calero, et al. v. City and County of San Francisco, et al.
and Julio Calero, et al. v. Colin Construction Company, et al. (City Attorney)
09/27/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendation of the Budget and Finance Committee
Present: Supervisors Chu, Kim
8. 110720 [Administrative Code - Gift Funds]
Sponsors: Mayor; Chiu and Chu
Ordinance amending the San Francisco Administrative Code to: 1) create a Recreation
and Parks Gift Fund; 2) update the Mayor’s Earthquake Emergency Relief Fund to
broaden its purpose as a general disaster recovery fund; and 3) amend the Mayor’s Fund
for the homeless to change the administering agency.
09/20/2011; PASSED, ON FIRST READING.
09/27/2011; AMENDED.
09/27/2011; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
9. 110854 [Environment Code - Green Building Requirements for City Buildings]
Sponsors: Mayor; Mar
Ordinance amending the San Francisco Environment Code, Chapter 7, Sections 700
through 713, to update the green building requirements for the design, construction, and
operation of City buildings.
09/27/2011; AMENDED.
09/27/2011; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
From the Land Use and Economic Development Committee Without
Recommendation
Present: Supervisors Mar, Cohen, Wiener
10. 110589 [Planning Code - Zoning Map - Establishing the Lombard and Scott Street
Affordable Group Housing Special Use District - 3151-3155 Scott Street]
Sponsors: Chiu; Avalos, Kim, Mar, Mirkarimi and Campos
Ordinance amending the San Francisco Planning Code Section Map 2SU, and adding
Section 249.55, to: 1) create the Lombard and Scott Street Affordable Group Housing
Special Use District for the real property encompassing 3151-3155 Scott Street
(Assessor’s Block No. 0937, Lot No. 001), at the southwest corner of Scott and Lombard
Streets, in order to facilitate the development of an affordable group housing project; 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.
09/20/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
From the Rules Committee Without Recommendation
Present: Supervisors Kim, Elsbernd, Chu
11. 110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public
Matching Funds]
Sponsors: Farrell; Elsbernd
Ordinance amending the San Francisco Campaign and Governmental Conduct Code
Section 1.144 to cap the amount of public matching funds.
09/20/2011; CONTINUED ON FIRST READING.
09/27/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
Present: Supervisors Kim, Elsbernd, Farrell
12. 110955 [Settlement of Lawsuits - Mitchell Engineering; Authorization of Bonds and
Appropriation of Funds - Not to Exceed $15,750,000]
Ordinance: 1) authorizing settlement of all claims arising out of nine lawsuits involving
Mitchell Engineering and the City and County of San Francisco; 2) declaring the intent of
the San Francisco Public Utilities Commission to reimburse certain expenditures for
settlement costs from proceeds of future bonded indebtedness for purposes of
complying with Section 147(f) of the Internal Revenue Code of 1986, as amended; 3)
authorizing the issuance of Settlement Bonds in connection therewith, as well as the
associated financing cost to issue; 4) appropriating $15,750,000, including insurance
proceeds in the total amount of $750,000, project construction funds in the total amount
of $920,207, and proceeds of Settlement Bonds in the amount of $14,079,793; and 5)
authorizing the use of substitute fund balance as a source in lieu of Settlement Bonds if
available. (City Attorney)
09/27/2011; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
13. 110870 [Engineering Design Agreement No. CS-879A - Water System Improvement
Program - Not to Exceed $14,000,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute amendments to increase Engineering Project Design Services
Agreement No. CS-879A for Water System Improvement Program (WSIP) funded
projects with total revised agreement amounts not to exceed $14,000,000 pursuant to
Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
14. 110871 [Engineering Design Agreement No. CS-879B - Water System Improvement
Program - Not to Exceed $15,000,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute amendments to increase Engineering Project Design Services
Agreement No. CS-879B for Water System Improvement Program (WSIP) funded
projects with total revised agreement amounts not to exceed $15,000,000 pursuant to
Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
15. 110872 [Engineering Design Agreement No. CS-879C - Water System Improvement
Program - Not to Exceed $16,500,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute amendments to increase Engineering Project Design Services
Agreement No. CS-879C for Water System Improvement Program (WSIP) funded
projects with total revised agreement amounts not to exceed $16,500,000 pursuant to
Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
16. 110874 [Management Services Agreement No. CS-918 - Water System Improvement
Program - Not to Exceed $17,500,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute amendments to increase New Irvington Tunnel Construction
Management Services Agreement No. CS-918 for Water System Improvement Program
(WSIP) funded projects with total revised agreement amounts not to exceed $17,500,000
pursuant to Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
17. 110875 [Management Services Agreement No. CS-963 - Water System Improvement
Program - Not to Exceed $34,000,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute amendments to increase Program Construction Management
Services Agreement No. CS-963 for Water System Improvement Program (WSIP)
funded projects with total revised agreement amounts not to exceed $34,000,000
pursuant to Charter Section 9.118. (Public Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
18. 110960 [Office of the Controller to Examine Confidential State Board of Equalization
Tax Records]
Resolution authorizing designated officers and employees of the City and County of San
Francisco to examine sales or transactions and use tax records of the State Board of
Equalization pursuant to California Revenue and Taxation Code Section 7056.
(Controller)
Question: Shall this Resolution be ADOPTED?
19. 110961 [MuniServices, LLC, to Examine Confidential State Board of Equalization Tax
Records]
Resolution authorizing MuniServices, LLC, to examine sales or transactions and use tax
records of the State Board of Equalization on behalf of the City and County of San
Francisco pursuant to California Revenue and Taxation Code Section 7056. (Controller)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
20. 110972 [Contract - San Francisco Community Health Authority - Provider Payment
Services for the Healthy San Francisco Program]
Sponsor: Mayor
Resolution authorizing the Director of Public Health and the Director of the Office of
Contract Administration/Purchaser to retroactively contract with the San Francisco
Community Health Authority for provider payment services for the Healthy San Francisco
Program for the term of July 1, 2011, through June 30, 2012.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
21. 111005 [Accept and Expend Grant - Primary and Behavioral Health Care Integration -
$473,485]
Sponsor: Kim
Resolution authorizing the San Francisco Department of Public Health to accept and
expend a grant from Department of Health and Human Services, Substance Abuse and
Mental Health Services, and Center for Mental Health Services in the amount of
$473,485 to fund the Primary and Behavioral Health Care Integration for the period
September 1, 2011, through August 31, 2012.
Question: Shall this Resolution be ADOPTED?
From the Budget and Finance Committee Without Recommendation
Present: Supervisors Chu, Mirkarimi, Kim
22. 111034 [Tax Credit Agreement - U.S. Bancorp - SFJazz Investment of $11,104,275]
Sponsor: Kim
Resolution making findings under the California Environmental Quality Act and approving
a new market tax credit indemnification agreement with U.S. Bancorp Community
Development Corporation in connection with its investment of $11,104,275 for the new
SFJazz Building at 205 Franklin Street.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
From the City Operations and Neighborhood Services Committee Without
Recommendation
Present: Supervisors Avalos, Mar, Elsbernd
23. 110899 [Administrative Code - False Advertising by Limited Services Pregnancy
Centers]
Sponsors: Cohen; Chiu, Wiener, Kim, Chu and Mar
Ordinance amending the San Francisco Administrative Code by adding Chapter 93,
Sections 93.1 through 93.5, to prohibit limited services pregnancy centers from making
false or misleading statements to the public about pregnancy-related services the
centers offer or perform.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Campos, Farrell, Chiu
24. 110791 [Board Response to the 2010-2011 Civil Grand Jury Report Entitled “Hiring
Practices of the City and County of San Francisco”]
Resolution responding to the Presiding Judge of the Superior Court on the findings and
recommendations contained in the 2010-2011 Civil Grand Jury Report entitled “Hiring
Practices of the City and County of San Francisco” and urging the Mayor to cause the
implementation of accepted findings and recommendations through department heads
and through the development of the annual budget. (Clerk of the Board)
Question: Shall this Resolution be ADOPTED?
25. 110793 [Board Response to the 2010-2011 Civil Grand Jury Report Entitled “San
Francisco’s Ethics Commission: The Sleeping Watchdog”]
Resolution responding to the Presiding Judge of the Superior Court on the findings and
recommendations contained in the 2010-2011 Civil Grand Jury Report entitled “San
Francisco’s Ethics Commission: The Sleeping Watchdog” and urging the Mayor to cause
the implementation of accepted findings and recommendations through his department
heads and through the development of the annual budget. (Clerk of the Board)
Question: Shall this Resolution be ADOPTED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
26. 110913 [Gift Acceptance - Powell Street Promenade]
Sponsor: Kim
Resolution acknowledging and accepting the Union Square Business Improvement
District’s gift of the Powell Street Promenade on Powell Street, between Geary Boulevard
and Ellis Street, and dedicating these improvements to public use.
Question: Shall this Resolution be ADOPTED?
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
SPECIAL ORDER 4:00 P.M.
APPEAL PROCEDURES
Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4pm. If more than one public
hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the
appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4 pm. An
appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's
consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to
schedule multiple appeals in the following order at 4pm:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to
deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 4pm.
5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4pm.
27. 110945 [Public Hearing - Appeal of Determination of Exemption from Environmental
Review - 1171 Sansome Street]
Hearing of persons interested in or objecting to the decision of the Planning Department
dated August 16, 2010, Case No. 2008.015E, that a project located at 1171 Sansome
Street (aka 1111 Sansome Street) is exempt from environmental review under
Categorical Exemption, General Rule Exclusion [State CEQA Guidelines Section
15061(b)(3)]. The proposed work involves subdivision of an existing undeveloped lot into
a 3,300 square foot parcel and a 9,300 square foot parcel, Lot No. 40, in Assessor Block
No. 113. (District 3) (Appellants: David Davies, Jack Weeden, and Verdica Puri)
(Filed August 22, 2011; Companion Measure to File Nos. 110946, 110947, and 110948.)
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
court, the Categorical Exemption from Environmental Review described above, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.
(Only one of the following two motions should be approved.)
28. 110946 [Affirming the Exemption Determination - 1171 Sansome Street]
Motion affirming the determination by the Planning Department that the 1171 Sansome
Street project (aka 1111 Sansome Street) is exempt from environmental review. (Clerk
of the Board)
Question: Shall this Motion be APPROVED?
29. 110947 [Reversing the Exemption Determination - 1171 Sansome Street]
Motion reversing the determination by the Planning Department that the 1171 Sansome
Street project (aka 1111 Sansome Street) is exempt from environmental review. (Clerk
of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
30. 110948 [Preparation of Findings to Reverse the Exemption Determination - 1171
Sansome Street]
Motion directing the Clerk of the Board to prepare findings reversing the exemption
determination by the Planning Department that the project located at 1171 Sansome
Street (aka 1111 Sansome Street) is exempt from environmental review.
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 4:00 P.M.
31. 110835 [Public Hearing - Appeal of Tentative Parcel Map - 1171 Sansome Street]
Hearing of persons interested in or objecting to the decision of the Department of Public
Works dated June 30, 2011, approving a Tentative Parcel Map for a 2-lot subdivision
located at 1171 Sansome Street, Assessor’s Block No. 0113, Lot No. 040. (District 3)
(Appellants: David Davies and Jack Weeden). (Clerk of the Board)
(Filed July 11, 2011; Companion Measure to File Nos. 110836, 110837, and 110838.)
08/02/2011; CONTINUED.
09/06/2011; CONTINUED.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
court, the Tentative Parcel Map described above, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the Board of Supervisors at, or prior to, the public hearing.
(Only one of the following two motions should be approved.)
32. 110836 [Approving Decision of the Department of Public Works and Approving the
Tentative Parcel Map - 1171 Sansome Street]
Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome
Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan
and eight priority policies of Planning Code Section 101.1; approving the decision of the
Department of Public Works; and approving the Tentative Parcel Map. (Clerk of the
Board)
08/02/2011; CONTINUED.
09/06/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
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33. 110837 [Disapproving Decision of the Department of Public Works and Disapproving
the Tentative Parcel Map - 1171 Sansome Street]
Motion finding the Tentative Parcel Map for a 2-lot subdivision located at 1171 Sansome
Street, Assessor's Block No. 0113, Lot No. 040, consistent with the City's General Plan
and eight priority policies of Planning Code Section 101.1; disapproving the decision of
the Department of Public Works; and disapproving the Tentative Parcel Map. (Clerk of
the Board)
08/02/2011; CONTINUED.
09/06/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
34. 110838 [Preparation of Findings Related to the Tentative Parcel Map Disapproval -
1171 Sansome Street]
Motion directing the Clerk of the Board to prepare findings relating to the Board of
Supervisors' decision to disapprove the Tentative Parcel Map for a 2-lot subdivision
located at 1171 Sansome Street, Assessor's Block No. 0113, Lot No. 040. (Clerk of the
Board)
08/02/2011; CONTINUED.
09/06/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 4:00 P.M.
35. 110977 [Public Hearing - Appeal of Mitigated Negative Declaration - 3151-3155 Scott
Street]
Hearing of persons interested in or objecting to the decision of the Planning
Department’s issuance and the Planning Commission’s affirmation of a Mitigated
Negative Declaration (Case No. 2010.0420E) adopted and issued on July 14, 2011,
under the California Environmental Quality Act, for a project located at 3151-3155 Scott
Street. The proposed work involves the conversion of a building formerly used as a
29-room tourist hotel (d.b.a. King Edward II) to a group housing use with up to 24
affordable group housing units (for transitional age youth (i.e., youth transitioning out of
foster care because they have turned 18 years old) between the ages of 18 and 24), one
manager's unit, and rooms for programmatic needs. The subject property is located in
the NC-3 (Moderate-Scale Neighborhood Commercial) District, and a 40-X Height and
Bulk District, Assessor's Block No. 0937, Lot No. 001. (District 2) (Appellants: Lori
Brooke and Steven L. Hammond on behalf of the Cow Hollow Association, joined by
Various Associations.) (Clerk of the Board)
(Filed September 8, 2011; Companion Measure to Files 110978; 110979, and 110980.)
Question: Shall this Hearing BE HEARD AT PUBLIC HEARING?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
court, the final negative declaration 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.
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
(Only one of the following two motions should be approved.)
36. 110978 [Affirming the Issuance of a Final Mitigated Negative Declaration - 3151-3155
Scott Street]
Motion affirming the issuance by the Planning Department of a Final Mitigated Negative
Declaration for a project located at 3151-3155 Scott Street. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
37. 110979 [Reversing the Issuance of a Final Mitigated Negative Declaration - 3151-3155
Scott Street]
Motion reversing the issuance by the Planning Department of a Final Mitigated Negative
Declaration for 3151-3155 Scott Street.
Question: Shall this Motion be APPROVED?
38. 110980 [Preparation of Findings to Reverse the Issuance of a Final Mitigated Negative
Declaration - 3151-3155 Scott Street]
Motion directing the Clerk of the Board to prepare findings reversing the issuance by the
Planning Department of a Final Mitigated Negative Declaration for 3151-3155 Scott
Street. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 4:00 P.M.
39. 110935 [Public Hearing - Conditional Use Appeal - 3151-3155 Scott Street]
Hearing of persons interested in or objecting to the decision of the Planning
Commission's July 14, 2011, Conditional Use Authorization identified as Planning Case
No. 2010.0420CETZ, by its Motion No. 18405, under Planning Code Sections 303 and
249.55 to convert a vacant tourist hotel (dba Edward II Inn) to a group housing use
containing up to 25 units (24 units for transitional age youth between 18 and 24, and one
manager’s unit) within the NC-3 (Moderate Scale, Neighborhood Commercial) District,
the Lombard and Scott Street Affordable Group Housing Special Use District (SUD) and
a 40-X Height and Bulk District, on property located at 3151-3155 Scott Street,
Assessor’s Block No. 0937, Lot No. 001. (District 2) (Appellant: Adam Polakoff on
behalf of Cow Hollow Association, joined by Various Associations.)
(Filed August 15, 2011; Companion Measure to File Nos. 110936, 110937, and 110938.)
09/13/2011; CONTINUED.
Question: Shall this Hearing BE HEARD AT PUBLIC HEARING?
Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in
court, the 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.
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
(Only one of the following two motions should be approved.)
40. 110936 [Approving the Planning Commission's Decision Related to the Conditional
Use Authorization - 3151-3155 Scott Street]
Motion approving the Planning Commission's decision, by its Motion No. 18405,
approving the Conditional Use Authorization identified as Planning Case No.
2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings
pursuant to Planning Code Section 101.1. (Clerk of the Board)
09/13/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
41. 110937 [Disapproving Planning Commission’s Decision Related to the Conditional
Use Authorization - 3151-3155 Scott Street]
Motion disapproving the Planning Commission’s decision, by its Motion No. 18405,
approving Conditional Use Authorization identified as Planning Case No.
2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings
pursuant to Planning Code Section 101.1. (Clerk of the Board)
09/13/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
42. 110938 [Preparation of Findings Related to the Conditional Use Authorization -
3151-3155 Scott Street]
Motion directing the Clerk of the Board to prepare findings relating to proposed
Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on
property located at 3151-3155 Scott Street. (Clerk of the Board)
09/13/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Government Audit and Oversight Committee
at a Special Meeting on Friday, September 30, 2011, at 1:00 p.m. The Chair intends to
request the Committee to send the following item to the Board as a committee report on
Tuesday, October 4, 2011.
43. 110998 [Administrative Code - Health Care Security Ordinance]
Sponsors: Campos; Cohen, Mar, Avalos, Kim and Mirkarimi
Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, and
14.4 to: 1) clarify that only amounts actually paid to provide employee health care
services shall satisfy the employer expenditure requirements of the Health Care Security
Ordinance; 2) add an employee notification requirement; 3) modify penalty provisions;
and 4) set an operative date.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of
inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.
PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public
that are within the subject matter jurisdiction of the Board, including items being considered today which
have not been considered by a Board committee and excluding items which have been considered by a
Board committee. Members of the public may address the Board for up to three minutes. Each member
of the public will be allotted the same number of minutes to speak, except that public speakers using
translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If
simultaneous translation services are used, speakers will be governed by the public testimony time limit
applied to speakers not requesting translation assistance. The President or the Board may limit the total
testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state such
and subsequently remove the document when they want the screen to return to live coverage of the
meeting.
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 44 through 49
44. 111061 [Urging Governor Jerry Brown to Support Assembly Bill 438 - Protect Public
Libraries from for-Profit Corporation Takeovers]
Sponsor: Avalos
Resolution urging Governor Jerry Brown to support and implement Assembly Bill 438
that protects public libraries from for profit corporate takeovers.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
45. 111062 [Mission Hiring Hall Day - October 13, 2011]
Sponsor: Avalos
Resolution declaring October 13, 2011, as Mission Hiring Hall Day in the City and County
of San Francisco to commemorate the 40th Anniversary and to acknowledge its
contributions to community based employment services and honoring Mission Hiring
Halls commitment to the creation, preservation, and advocacy of economic justice for our
San Francisco workers and communities.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
46. 111063 [Supporting the Central Subway Project and Replacement Housing
Obligation]
Sponsors: Chiu; Kim, Cohen, Mar, Wiener, Elsbernd, Mirkarimi, Chu, Avalos,
Campos and Farrell
Resolution supporting the Central Subway Project, replacement of all demolished rent
controlled units, and that which provides relocation packages to all displaced tenants.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
47. 111064 [Walk to School Day - October 5, 2011]
Sponsor: Kim
Resolution declaring October 5, 2011, as Walk to School Day in the City and County of
San Francisco to promote the safety and health of San Francisco children.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
48. 111065 [Extending the Life of the Western SoMa Citizens Planning Task Force]
Sponsor: Kim
Resolution extending the life of the Western SoMa Citizens Planning Task Force.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
49. 111066 [George Washington High School Day - October 15, 2011]
Sponsor: Mar
Resolution celebrating the Diamond Jubilee of George Washington High School and
proclaiming October 15, 2011, as George Washington High School Day in the City and
County of San Francisco.
09/27/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 4, 2011
50. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
is a need to take immediate action. The need to take action came to the attention of the City and
County of San Francisco after the agenda was posted.
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED ORDINANCES
Proposed ordinances received from September 20, 2011, through September 27, 2011,
for reference by President to appropriate committee on October 4, 2011.
111024 [Settlement of Lawsuit - Norman T. Larson, et al. - $122,500]
Ordinance approving settlement of the lawsuit filed by Norman T. Larson, San Francisco
Apartment Association, San Francisco Association Of Realtors, Coalition For Better
Housing, Round Hill Pacific and John Zanghi (collectively "Larson Petitioners") against
the City and County of San Francisco by payment by the City and County of San
Francisco to the Larson Petitioners' counsel Nielsen Merksamer Parrinello Gross &
Leoni, LLP, in the amount of $122,500 and other terms; the lawsuit was filed on
December 10, 2008, in the San Francisco Superior Court, Case No. 509-083, entitled
Larson et al. vs. City and County of San Francisco. (City Attorney)
09/21/2011; RECEIVED AND ASSIGNED to the Rules Committee.
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111025 [Settlement of Lawsuit - City to Pay $500 for Sub-Surface Easement in San
Mateo County]
Ordinance authorizing settlement of a lawsuit filed by the City and County of San
Francisco against San Mateo County Transit District; Union Pacific Railroad Company;
State of California, Department of Transportation; and Does 1 through 100; to condemn
and take by right of eminent domain a permanent sub-surface easement of
approximately 27,829 square feet in property owned by San Mateo County Transit
District, located in Menlo Park, California, commonly known as SBE 872-41-20P; filed
June 3, 2010, in San Mateo County Superior Court, Case No. CIV 495644; entitled City
and County of San Francisco v. San Mateo County Transit District; Union Pacific
Railroad Company; State of California, Department of Transportation; and Does 1
through 100. (City Attorney)
09/23/2011; RECEIVED AND ASSIGNED to the Rules Committee.
PROPOSED RESOLUTIONS
Proposed resolutions received from September 20, 2011, through September 27, 2011,
for reference by President to appropriate committee on October 4, 2011.
110372 [Contract Amendment - San Francisco General Hospital - Emergency
Electrical Generation System - Not to Exceed $20,500,000]
Resolution authorizing the Director of Public Works to execute an amendment to the
emergency public work contract to install a new, permanent emergency electrical
generation system at San Francisco General Hospital to increase the not to exceed
amount from $18,000,000 to $20,500,000. (Public Works Department)
09/20/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
110986 [Airport Concession Lease - Amendment No. 1 to Terminal 3 Newstands -
Pacific Gateway Concessions, LLC]
Resolution approving Amendment No. 1 to Terminal 3 Newsstands Lease No. 04-0165
between Pacific Gateway Concessions, LLC, and the City and County of San Francisco,
acting by and through its Airport Commission. (Airport Commission)
09/22/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
110987 [Airport Concession Lease - Amendment No. 4 to Boarding Areas B and C
Principal Retail - Pacific Gateway Concessions, LLC]
Resolution approving Amendment No. 4 to Boarding Areas “B” and “C” Principal Retail
Concession Lease No. 98-0228 between Pacific Gateway Concessions, LLC, and the
City and County of San Francisco, acting by and through its Airport Commission. (Airport
Commission)
09/22/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
110988 [Airport Concession Lease - Amendment No. 3 to North Terminal Bookstore -
Books, Inc.]
Resolution approving Amendment No. 3 to North Terminal Bookstore Lease No. 00-0176
between Books, Inc. and the City and County of San Francisco, acting by and through its
Airport Commission. (Airport Commission)
09/22/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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111023 [Agreements - Renewable Energy Generating Facilities]
Resolution authorizing the San Francisco Public Utilities Commission General Manager
to enter into two long term interconnection agreements for renewable energy generating
facilities, pursuant to San Francisco Charter Section 9.118. (Public Utilities Commission)
09/26/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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111054 [Petitions and Communications]
Petitions and Communications received from September 20, 2011, through September
26, 2011, for reference by the President to Committee considering related matters, or to
be ordered filed by the Clerk on October 4, 2011.
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, submitting support for bird safe buildings. File No. 110785,
Approximately 500 letters (1)
*From concerned citizens, submitting support for preserving Sharp Park wetlands and
wildlife. File No. 110966, Approximately 530 letters (2)
From Tomas Nakada, submitting support for saving the historic 18-hole Sharp Park Golf
Course. (3)
From concerned citizens, submitting support for the Commission on Animal Control and
Welfare's humane pet acquisition proposal in defense of animals. 10 letters (4)
From Desiree Mitchell, regarding the Central Subway. (5)
From Public Utilities Commission, submitting report regarding the NRG Energy Center.
(6)
From Clerk of the Board, the following individuals have submitted a Form 700 Statement:
(7)
Leslie Hilger, Legislative Aide - Leaving
Viva Mogi, Legislative Aide - Leaving
From Chloe Jager, submitting opposition to providing a free MUNI Fast Pass for
San Francisco youth. File No. 111032 (8)
*From concerned citizens, submitting opposition to proposed legislation concerning false
advertising by limited services pregnancy centers. File No. 110899, 100 letters (9)
From Anne Doherty, submitting support for proposed legislation that prohibits public
nudity. File No. 110967 (10)
From Office of the Controller, submitting the Airport Commission's fixed assets report.
(11)
From CitiReport, regarding the pending proposal to amend San Francisco's public
finance law. (12)
From Office of the Controller, submitting the Airport Commission's compliance audit of
Federal Express and the concession audit of Amoura Cafe. (13)
From State Fish and Game Commission, regarding the proposed emergency regulatory
action relating to the recreational take of abalone. (14)
From concerned citizens, submitting support for the formation of the West Portal
Community Benefit District. File No. 111007, 5 letters (15)
From Joseph Basuino, submitting opposition to the formation of the West Portal
Community Benefit District. File No. 111007 (16)
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From Ranit Banerjee, submitting support for the proposed cell site project located at
660-670 4th Street. File No. 110941 (17)
From Francisco Da Costa, regarding Huntersview and the HopeSF Program. (18)
*(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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