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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, October 18, 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 18, 2011
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the September 6, 2011, and September 13, 2011, Board Meeting Minutes.
COMMUNICATIONS
SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board
(This item will be read at the Board Meeting on the second regularly scheduled meeting each month.
The Mayor and the Board may not discuss matters that have already been considered in Committee and
that are on the Board's Regular Agenda as an action item.
By supermajority vote of the Board of Supervisors (8 votes), the Board may, by oral motion, allow an
eligible District Supervisor to ask a question that was not previously posed if the question relates to a
sudden or unexpected incident or occurrence raising formal, time-sensitive policy questions that were
not anticipated prior to the posting of this agenda. Public comment for this item will take place during
general public comment.)
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
1. 111093 [Formal Policy Discussions - October 18, 2011]
Pursuant to Charter Sections 2.103 and 3.100(7), and Administrative Code Section 2.11,
the Mayor shall answer the following eligible questions submitted from Supervisors
representing District's 2, 4, 6, 8, and 10. The Mayor may address the Board initially for
up to five minutes. Discussion shall not exceed five minutes per Supervisor.
1. Assuming Proposition C passes in the November election, the City will save $1.3
billion over the next 10 years from higher pension contributions from city employees and
caps on pensions for new employees, among other changes. Pension reform will
continue to be an issue however as projections indicate that pension costs may well
exceed $700 million by 2014-2015, according to the most recent estimates from the
Controller's Office. What plans do you have to continue the conversation and potential
reforms in this regard? (Supervisor Farrell, District 2)
2. The Healthy San Francisco Program was adopted and implemented by the City
several years ago and has experienced steady increases in enrollment over time. What
impact has the Healthy San Francisco Program had on health outcomes in the City?
What impact has the Healthy San Francisco Program had on reducing the utilization of
emergency room visits and reducing costs? Given the Program's performance so far,
and given new requirements and policies enacted at the federal level around health care
reform, will you be recommending any adjustments or changes to the program?
(Supervisor Chu, District 4)
3. Please describe the plan that our offices have been developing for the OccupySF
demonstration, given the projected long-term nature of this protest. How can our City,
including the Department of Public Health, Department of Public Works, Department of
Recreation and Park, and the San Francisco Police Department address public health
concerns and the costs associated with that, and protect the 1st Amendment right of
OccupySF participants? (Supervisor Kim, District 6)
4. Our taxi system is a critical part of our transit system. We will never truly get people
out of their cars without reliable taxi service. Yet it's been more than a decade since we
have significantly improved service. Current service levels are inadequate and
unacceptable. Municipal Transportation Agency (MTA) is in the process of issuing
approximately 85 new permits, and that is a modest first step. Understanding that
California Environmental Quality Act (CEQA) clearance may be required to achieve a
larger increase in the number of taxis, how do you plan to ensure that MTA meaningfully
addresses the lack of adequate taxi service? Will you include in next year's budget
funding for any CEQA clearance that may be required to support a significant increase in
the number of taxi permits? (Supervisor Wiener, District 8)
5. The City’s approach to code enforcement involves a number of departments including
the Department of Building Inspection, Police Department, and City Attorney’s Office.
Throughout the City, and specifically in District 10, we continually see vacant and
occupied properties with significant housing and other code violations that go
unaddressed for months and sometimes even years. How do you propose to improve
the response to complaints, inspection, citation, and enforcement of code violations?
Additionally, what strategies or changes can be implemented to increase the City’s
efficiency in addressing these issues and capacity to take legal action against some of
our most egregious property owners who refuse to abate code violations? (Supervisor
Cohen, District 10)
Discussion: The Mayor shall discuss the eligible questions with the Board of Supervisors.
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
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 2 through 6
Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Cohen, Campos
2. 111002 [Accept and Expend Grant - Local Juvenile Justice Accountability Measures -
$149,896]
Sponsor: Campos
Resolution authorizing the San Francisco Public Defender’s Office to accept and expend
a grant in the amount of $149,896 from the State Corrections Standards Authority for the
purposes of implementing local juvenile justice accountability measures through the
Juvenile Accountability Block Grant.
Question: Shall this Resolution be ADOPTED?
Recommendations of the Rules Committee
Present: Supervisors Elsbernd, Farrell
3. 110958 [Appointments, Assessment Appeals Board No. 1 - Diane Robinson and
Richard Lee]
Motion appointing Diane Robinson and Richard Lee, terms ending September 1, 2014, to
the Assessment Appeals Board No. 1. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
4. 110959 [Appointment, Assessment Appeals Board No. 2 - Ed Campana]
Motion appointing Ed Campana, term ending September 1, 2014, to the Assessment
Appeals Board No. 2. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
5. 111070 [Appointment, Bicycle Advisory Committee - Richard May]
Motion appointing Richard May, term ending November 19, 2012, to the Bicycle Advisory
Committee. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
6. 111071 [Appointment, Sweatfree Procurement Advisory Group - Robert Rosoff]
Motion appointing Robert Rosoff, term ending December 17, 2013, to the Sweatfree
Procurement Advisory Group. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
REGULAR AGENDA
UNFINISHED BUSINESS
From the City Operations and Neighborhood Services Committee Without
Recommendation
Present: Supervisors Avalos, Mar, Elsbernd
7. 110899 [Administrative Code - False Advertising by Limited Services Pregnancy
Centers]
Sponsors: Cohen; Chiu, Wiener, Kim, Chu, Mar, Campos and Avalos
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.
10/04/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
From the Government Audit and Oversight Committee Without Recommendation
Present: Supervisors Campos, Farrell, Chiu
8. 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.
10/04/2011; AMENDED.
10/04/2011; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
From the Land Use and Economic Development Committee Without
Recommendation
Present: Supervisors Mar, Cohen, Wiener
9. 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.
10/04/2011; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi
10. 110903 [Administrative Code - Nonprofit Annual Economic Statement]
Ordinance amending the San Francisco Administrative Code Section 10.1 to allow
Nonprofits receiving City funding to provide and update information directly to City
Departments as an alternative to filing annual economic statements with the City
Administrator. (City Administrator)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Present: Supervisors Chu, Mirkarimi, Kim
11. 111051 [Accept and Expend Grant - Electric Vehicle Charging Station Program and
Amendment to the Annual Salary Ordinance for FY2011-2012 - $100,000]
Sponsor: Mayor
Ordinance authorizing the Department of the Environment to accept and expend funds in
the amount of $100,000 from Coulomb Technologies, Inc., to provide administrative and
outreach services for a program to install electric vehicle charging stations in
multiple-dwelling units and amending Ordinance No. 146-11 (Annual Salary Ordinance,
FY2011-2012) to reflect the addition of one grant funded position at the Department of
the Environment.
Question: Shall this Ordinance be PASSED ON FIRST READING?
12. 101539 [Cost-Sharing Agreement - BART - Paratransit Services]
Sponsor: Chu
Resolution retroactively approving a Cost-Sharing Agreement for Paratransit Services
between the City and County of San Francisco and the San Francisco Bay Area Rapid
Transit District for a period of up to ten years.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
Present: Supervisors Chu, Mirkarimi
13. 110933 [Contract Amendment - Western States Oil - Not to Exceed $78,300,000]
Resolution approving the Fifth Amendment to the Agreement between the City and
Western States Oil increasing the total not-to-exceed amount of the contract from
$50,500,000 to $78,300,000 pursuant to Charter Section 9.118(b). (Office of Contract
Administration)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
Present: Supervisors Chu, Mirkarimi, Kim
14. 110985 [Real Property Lease Amendment - Stuart B. and Myrna J. Aronoff Revocable
Trust and Trudy Cohn - 160 South Van Ness Avenue]
Resolution authorizing the amendment of an existing lease at 160 South Van Ness
Avenue, with Stuart B. and Myrna J. Aronoff Revocable Trust and Trudy Cohn as
Tenants in Common, for the Human Services Agency to provide a construction
allowance and extend the lease term. (Real Estate Department)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
15. 111003 [Termination Agreement(s) - Breda Light Rail Vehicle Leveraged Lease
Transactions]
Sponsors: Farrell; Chu
Resolution authorizing the Municipal Transportation Agency to enter into one or more
consensual termination agreements with the equity investors and other parties that
participated in the leveraged lease transactions executed in 2002 and 2003 with respect
to the San Francisco Municipal Transportation Agency's Breda light rail vehicles,
provided that there is no net financial cost or liability to the City/San Francisco Municipal
Transportation Agency for the terminations.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
16. 111010 [General Obligation Refunding Bonds - Series 2011-R1 - Not to Exceed
$1,355,991,219]
Sponsor: Mayor
Resolution authorizing the issuance from time to time, in one or more series, of not to
exceed $1,355,991,219 aggregate principal amount of the City and County of San
Francisco General Obligation Refunding Bonds, including the initial series or series of
such Bond to be designated as “City and County of San Francisco General Obligation
Refunding Bonds, Series 2011-R1,” to refund certain outstanding General Obligation
Bonds; approving the form and terms of said bonds; authorizing the execution,
authentication, and registration of said bonds; providing for the appointment of
depositories, verification agents, and other agents for said bonds; approving the form
and authorizing the execution and delivery of escrow agreements relating to the refunded
bonds; approving and directing the tax levy for repayment of said bonds; approving
procedures for competitive or negotiated sales including approving forms of official notice
of sale and notice of intention to sell said bonds and authorizing the selection of
underwriters and the execution and delivery of bond purchase agreements; approving
the form and authorizing the execution and delivery of continuing disclosure certificates;
approving the form and authorizing the distribution of the preliminary official statement
and authorizing the execution, delivery, and distribution of the official statement for the
Series 2011 R1 Bonds; authorizing payment of costs of issuance of said bonds;
approving modifications to documents; ratifying actions previously taken; and granting
general authority to City officials to take necessary actions in connection with the
authorization, issuance, sale, and delivery of the bonds and the refunding of certain
outstanding General Obligation Bonds.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
Present: Supervisors Chu, Mirkarimi
17. 111023 [Interconnection 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)
Question: Shall this Resolution be ADOPTED?
Present: Supervisors Chu, Mirkarimi, Kim
18. 111033 [Owner Controlled Insurance Program Amendment - Laguna Honda Hospital
Replacement Program - Not to Exceed $17,323,400]
Sponsor: Elsbernd
Resolution authorizing the Director of Public Works to execute an amendment to the
Owner Controlled Insurance Program for the Laguna Honda Hospital Replacement
Program from $15,382,933 to $17,323,400.
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
19. 111087 [Multifamily Housing Revenue Bonds, Series 2011B - Fell Street Apartments -
Not to Exceed $8,100,000]
Sponsor: Mirkarimi
Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in
an aggregate principal amount not to exceed $8,100,000 for the purpose of providing
financing for the acquisition and rehabilitation of an 82 unit multifamily rental housing
project, known as Fell Street Apartments; approving the form of and authorizing the
execution of an indenture of trust providing the terms and conditions of the bonds;
approving the form of and authorizing the execution of a regulatory agreement and
declaration of restrictive covenants; approving the form of and authorizing the execution
of a loan agreement; ratifying and approving any action heretofore taken in connection
with the bonds and the project; granting general authority to City officials to take actions
necessary to implement this resolution; and related matters.
Question: Shall this Resolution be ADOPTED?
Recommendation of the City Operations and Neighborhood Services Committee
Present: Supervisors Avalos, Mar, Elsbernd
20. 111032 [Free MUNI Fast Pass for Youth]
Sponsors: Campos; Avalos, Cohen, Kim, Mar, Mirkarimi and Chiu
Resolution urging government agencies to work together to develop a free MUNI Fast
Pass for San Francisco youth.
(Supervisor Elsbernd dissented in Committee.)
Question: Shall this Resolution be ADOPTED?
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
21. 110590 [Planning Code - Reconstruction of Buildings Damaged or Destroyed by Fire
or Acts of God]
Sponsor: Cohen
Ordinance amending the San Francisco Planning Code Sections 181(d) and 188(b) to: 1)
provide a process for the reconstruction of buildings damaged or destroyed by fire or
acts of God; 2) provide a retroactive operative date of August 1, 2009; and 3) adopt
findings, including environmental findings and Planning Code Section 302 findings.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
Recommendations of the Public Safety Committee
Present: Supervisors Mirkarimi, Cohen, Campos
22. 110221 [Administrative Code - Community Policing]
Sponsors: Campos; Mirkarimi, Cohen, Mar and Avalos
Ordinance amending the San Francisco Administrative Code by adding Section 2A.83 to:
1) set a policy of community policing in the City and County of San Francisco; 2) define
community policing; and 3) urge the Police Commission and Chief of Police to review
and as necessary amend the Police Department’s policies and procedures for
consistency with the community policing policy.
Question: Shall this Ordinance be PASSED ON FIRST READING?
23. 110348 [Health Code - Biological Agent Detector Registration and Fees]
Sponsor: Chiu
Ordinance amending the San Francisco Health Code by adding Article 35 to create a
registration scheme, fees, and other requirements for Biological Agent Detectors.
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendation of the Rules Committee
Present: Supervisors Elsbernd, Farrell
24. 110969 [Agreement - Owners' Association - Administration/Management of Civic
Center Community Benefit District]
Sponsor: Kim
Resolution approving an agreement with the nonprofit Owners' Association for
administration/management of the property-based Community Benefit District known as
the “Civic Center Community Benefit District,” pursuant to Section 36651 of the California
Streets and Highways Code.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
SPECIAL ORDER 3:00 P.M.
(Pursuant to File No. 110737, approved July 19, 2011.)
Board of Supervisors Sitting as a Committee of the Whole
25. 110738 [Public Hearing - Resolution to Establish (Renew and Expand) and Rename
Fillmore Jazz Community Benefit District as the Fillmore Community Benefit
District]
Sponsor: Mirkarimi
Hearing of persons interested in or objecting to proposed Resolution establishing a
property-based Community Benefit District to be known as the “Fillmore Community
Benefit District (CBD),” by renewing and expanding the previously established Fillmore
Jazz CBD; ordering the levy and collection of assessments against property located in
the Fillmore Community Benefit District for seven years, commencing with FY2011-2012,
subject to conditions as specified; and making environmental findings.
07/26/2011; CONTINUED.
09/13/2011; CONTINUED.
Question: Shall this Hearing be HEARD AT PUBLIC HEARING?
Committee of the Whole Adjourn and Report
26. 110739 [Resolution to Establish (Renew and Expand) and Rename Fillmore Jazz
Community Benefit District as the Fillmore Community Benefit District]
Sponsor: Mirkarimi
Resolution establishing a property-based Community Benefit District to be known as the
“Fillmore Community Benefit District (CBD),” by renewing and expanding the previously
established Fillmore Jazz CBD; ordering the levy and collection of assessments against
property located in the Fillmore Community Benefit District for seven years, commencing
with FY2011-2012, subject to conditions as specified; and making environmental
findings.
07/26/2011; CONTINUED.
09/13/2011; CONTINUED.
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 18, 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 27 through 31
27. 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.
10/04/2011; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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28. 111086 [Golden Gate Valley Branch Library Grand Reopening]
Sponsor: Farrell
Resolution recognizing the grand reopening of the Golden Gate Valley Branch Library
and commending the San Francisco Public Library and its team for their hard work and
commitment to the City and County of San Francisco and its residents.
10/04/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
29. 111088 [Designation of Authority Related to the California Housing and Community
Development Infill Infrastructure Grant]
Sponsor: Mayor
Resolution authorizing any designee of the Mayor from the Mayor’s Office of Housing to
execute any documents necessary to participate in the State Infill Infrastructure Grant
Program in accordance with the executed standard agreement with the California State
Department of Housing and Community Development as authorized by Resolution No.
492-10.
10/04/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 111089 [Recognizing the Completion and Celebrating the Reopening of McCoppin
Square Park]
Sponsor: Chu
Resolution recognizing the completion of the McCoppin Square rebuild project and
celebrating the grand reopening of the park and playground.
10/04/2011; 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 18, 2011
31. 111091 [Approval of a 60-Day Extension for Planning Commission Review of
Self-Service Restaurants, Retail Coffee Stores, and Video Stores (File No.
110152)]
Sponsor: Mirkarimi
Resolution extending by 60 days the prescribed time within which the Planning
Commission may render its decision on a proposed Ordinance (File No. 110152) that
would amend Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 of the
Planning Code to: 1) increase the maximum use size for Small Self-Service Restaurants
in Neighborhood Commercial Districts to that of the non-residential use size limit for the
district and eliminate the limit on the number of seats; 2) increase the minimum size for
Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the
non-residential use size limit for the district; 3) principally permit Small Self-Service
Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and
Neighborhood Commercial Transit Cluster (NCT-1) Districts; 4) conditionally permit
Large Self- Service Restaurants in the Inner Sunset Neighborhood Commercial District;
5) require that mechanical noise and vibration from Self-Service Restaurants be confined
to the premises; 6) remove the prohibition of on-site food preparation and cooking and
reheating equipment in Retail Coffee Stores; and 7) making environmental findings and
findings of consistence with the General Plan and priority policies of Planning Code
Section 101.1.
10/04/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
32. 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
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
PROPOSED ORDINANCES
Proposed ordinances received from September 27, 2011, through October 7, 2011, for
reference by President to appropriate committee on October 18, 2011.
111067 [Administrative Code - Updating Job Classifications and Bargaining Units]
Ordinance amending the San Francisco Administrative Code Sections 16.200 through
16.222 to reflect changes in job classifications. (Human Resources Department)
10/03/2011; ASSIGNED UNDER 30 DAY RULE to the Government Audit and Oversight Committee.
111099 [Settlement of Lawsuit - Damian Fleming - $70,000]
Ordinance authorizing settlement of the lawsuit filed by Damian Fleming against the City
and County of San Francisco for $70,000; the lawsuit was filed on July 14, 2010, in San
Francisco Superior Court, Case No. CGC 10-501543, entitled Fleming v. City and County
of San Francisco. (City Attorney)
10/07/2011; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
PROPOSED RESOLUTIONS
Proposed resolutions received from September 27, 2011, through October 7, 2011, for
reference by President to appropriate committee on October 18, 2011.
111068 [Street Artist Spaces - Grant Avenue, O’Farrell to Sutter Streets]
Resolution approving re-designation of 22 selling spaces on Grant Avenue, O’Farrell to
Sutter Streets, for street artists certified by the Arts Commission, City and County of San
Francisco; exempting said spaces from the regulation of Police Code Section 2405(c)(8)
(2) prohibiting selling adjacent to a yellow zone. (Arts Commission)
10/04/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
111094 [Amendment to Memorandum of Understanding - Alameda County Resource
Conservation District - Not to Exceed $775,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute the first amendment to the Memorandum of Understanding with
the Alameda County Resource Conservation District for an amount not to exceed
$775,000 and with a total duration of fourteen (14) years, pursuant to Charter Section
9.118.
10/05/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
111095 [Conveyance of Easement - Silicon Valley Power - Bay Division Pipeline Nos.
3 and 4 Crossovers Project - Santa Clara]
Resolution 1) approving and authorizing conveyance of a perpetual, nonexclusive
easement to Silicon Valley Power, a division of the City of Santa Clara, at no charge, for
the installation, construction, operation, inspection, maintenance, repair, and
replacement of electrical facilities, including underground cable, a transformer and a
meter in City’s real property at the Guadalupe River site off Lick Mill Boulevard in the City
of Santa Clara, to provide electrical power required for the Bay Division Pipeline Nos. 3
and 4 Crossovers Project No. CUW38001; 2) adopting findings under the California
Environmental Quality Act; 3) adopting findings that the conveyance is consistent with the
City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and
4) authorizing the Director of Property to execute documents, make certain modifications,
and take certain actions in furtherance of this Resolution. (Real Estate Department)
10/07/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
111073 [Petitions and Communications]
Petitions and Communications received from September 27, 2011, through October 7,
2011, for reference by the President to Committee considering related matters, or to be
ordered filed by the Clerk on October 18, 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 Noreen Weeden, on behalf of the Golden Gate Audubon Society and its more than
10,000 members, submitting support for preserving Sharp Park wetlands and wildlife.
File No. 110966, Copy: Each Supervisor (1)
*From concerned citizens, submitting support for preserving Sharp Park wetlands and
wildlife. File No. 110966, approximately 200 letters (2)
*From Michel & Associates, P.C., submitting opposition to proposed legislation that: 1)
requires a handgun be kept in a locked container or disabled with a trigger lock; and 2)
prohibits the sale of enhanced-lethality ammunition. File No. 110901, Copy: Each
Supervisor, 2 letters (3)
*From Civil Service Commission, submitting the Department of Human Resources
Prevailing Wage Report. Copy: Each Supervisor (4)
*From Office of the Controller, submitting the Human Rights Commission Local Business
Enterprise Compliance Audit Report. (5)
From Office of the Mayor, submitting the following appointments: Copy: Rules
Committee Clerk (6)
Airport Commission
Eleanor Johns, term ending August 31, 2015
Art Commission
Barbara Sklar, term ending July 1, 2015
Civil Service Commission
Kate Favetti, term ending June 30, 2017
Commission on the Environment
Angelo King, term ending July 19, 2015
Commission on the Status of Women
Kay Gulbengay, term ending August 2, 2015
Human Rights Commission
Mark Kelleher, term ending June 30, 2015
From Clerk of the Board, submitting copy of memorandum sent to the Board of
Supervisors regarding the following appointments by the Mayor: (7)
Airport Commission
Eleanor Johns, term ending August 31, 2015
Art Commission
Barbara Sklar, term ending July 1, 2015
Civil Service Commission
Kate Favetti, term ending June 30, 2017
Commission on the Environment
Angelo King, term ending July 19, 2015
Commission on the Status of Women
Kay Gulbengay, term ending August 2, 2015
Human Rights Commission
Mark Kelleher, term ending June 30, 2015
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From concerned citizens, urging the Board to find a way to rescind the $750,000 art
contract awarded to Tom Otterness. 3 letters (8)
From Commission on the Environment, regarding the Department's regulations for cell
phone disclosure requirements and regulations for the safe drug disposal information
ordinance. (9)
From Planning Department, submitting a revised Planning Commission Resolution
regarding the City Center Special Sign District. File No. 110448, Copy: Land Use
Committee Clerk (10)
From concerned citizens, submitting opposition to the formation of the West Portal
Commercial Benefit District. File No. 111007, Copy: Each Supervisor, 17 letters (11)
From Vinton and Kunhing Corporation, submitting support for the proposed project at
1171 Sansome Street. File Nos. 110836 and 110946, Copy: Each Supervisor (12)
From Planning Department, submitting amendments to the Mission Alcoholic Beverage
Special Use District. File No. 110767, Copy: Each Supervisor, Land Use Committee
Clerk (13)
From Diane Rivera, submitting opposition to the following proposals for the western end
of Golden Gate Park: 1) renovation of the Beach Chalet Soccer Fields with artificial turf
and stadium lights; and 2) the Westside Recycled Water Treatment Plant. (14)
From Oakland City Attorney, Mark Morodomi, submitting a summary from the Brennan
Center for Justice that outlines what various States/Cities are doing regarding capping
the amount of public matching funds. File No. 110718, Copy: Each Supervisor (15)
From concerned citizens, submitting support for the Commission on Animal Control and
Welfare's humane pet acquisition proposal in defense of animals. 19 letters (16)
From concerned citizens, submitting support for bird safe buildings. File No. 110785, 8
letters (17)
From concerned citizens, submitting opposition to proposed legislation concerning false
advertising by limited services pregnancy centers. File No. 110899, 4 letters (18)
From Realty Equities, Inc., submitting opposition to proposed project at 3151-3155 Scott
Street. File Nos. 110979 and 110937 (19)
From Laborers' International Union of North America Local Union No. 261, submitting
support for the proposed amendments to the Health Care Security Ordinance. File No.
110998, Copy: Each Supervisor (20)
From Francisco Da Costa, regarding the Bayview Opera House. Copy: Each Supervisor
(21)
From Ryan Bradley, submitting opposition to the proposed Parkmerced Project. Copy:
Each Supervisor (22)
From Office of the Controller, submitting the FY2010-2011 Compliance Reporting
Requirements Report. (23)
From Sutton Law Firm, submitting support for proposed legislation regarding capping
public matching funds. File No. 110718, Copy: Each Supervisor, 3 letters (24)
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Board of Supervisors Meeting Agenda Tuesday, October 18, 2011
From Brady Center to Prevent Gun Violence, submitting support for proposed legislation
that: 1) requires a handgun be kept in a locked container or disabled with a trigger lock;
and 2) prohibits the sale of enhanced-lethality ammunition. File No. 110901, Copy: Each
Supervisor (25)
From Office of the Mayor, regarding amendments to the Health Care Security Ordinance.
File No. 110998, Copy: Each Supervisor (26)
From United Brotherhood of Carpenters, submitting support for proposed renovation to
the Beach Chalet Athletic Fields in Golden Gate Park. (27)
From Department of Public Health, submitting the FY2010-2011 Deemed Approved Uses
Report. Copy: Each Supervisor (28)
From Jon Golinger, on behalf of the Telegraph Hill Dwellers, submitting support for
reversing the determination by the Planning Department that the 1171 Sansome Street
project is exempt from environmental review. File No. 110947, Copy: Each Supervisor
(29)
From Sandy Weil, regarding the difference in noise levels between the Hardly Strictly
Bluegrass Festival and the Outside Lands Music Festival. Copy: Each Supervisor (30)
From Airport Commission, submitting the FY2010-2011 Final Revenue and Expenditure
Report for the San Francisco International Airport Terminal 2 Promotion Fund. Copy:
Each Supervisor (31)
From Cynthia Joseph, regarding the "OccupySF" peaceful protest and assembly. 8
letters (32)
From Bill Quan, regarding some nurses in City government earning $300,000,000 this
past year. Copy: Each Supervisor (33)
From Verizon Wireless, submitting notification of nine cellular antennas to be installed at
500 Parnassus Avenue. (34)
From San Mateo County Transportation Authority, regarding the Wetland Mitigation
Restoration Project receiving the Environment Enhancement Project of the year award
by the California Transportation Foundation. (35)
From State Fish and Game Commission, regarding proposed regulations for the south
coast marine protected areas. Copy: Each Supervisor (36)
From State Fish and Game Commission, regarding proposed regulatory action relating to
non-indigenous Coho Salmon. Copy: Each Supervisor (37)
From Department of Health and Human Services, regarding resolution encouraging the
Food and Drug Administration to ban the use of menthol in cigarettes. File No. 110740,
Copy: Each Supervisor (38)
From Patrick Goggin, submitting his resignation from the Medical Cannabis Task Force.
(39)
From Richard Skaff, regarding disability access violations within the Crab House on Pier
39. (40)
*(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.)
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ADJOURNMENT
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