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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, November 1, 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, November 1, 2011
ROLL CALL AND PLEDGE OF ALLEGIANCE
AGENDA CHANGES
APPROVAL OF MEETING MINUTES
Approval of the September 27, 2011, Board Meeting Minutes.
COMMUNICATIONS
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall be
removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 1 through 10
Recommendation of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
1. 111048 [Appropriating $1,000,000 of Mirant Potrero, LLC, Settlement Funds to the
Department of Public Health for Neighborhood Improvement and Mitigation in
FY2011-2012]
Sponsor: Cohen
Ordinance appropriating $1,000,000 of Mirant Potrero, LLC, settlement funds to the
Department of Public Health for neighborhood improvement and mitigation in the
neighborhoods most impacted by the Potrero Power Plant in FY2011-2012.
(Fiscal Impact)
10/25/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
City and County of San Francisco Page 4 Printed at 3:22 pm on 10/27/11
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
Recommendations of the Land Use and Economic Development Committee
Present: Supervisors Mar, Wiener
2. 110995 [Mission Bay South Blocks 41-43, Phase 2 - Improvements]
Ordinance accepting the irrevocable offer of public infrastructure improvements
associated with Mission Bay South Blocks 41-43, Phase 2, including acquisition facilities
on Owens Street and within public utility easements in private streets; declaring City
property as shown on official Department of Public Works maps as open public
right-of-way; dedicating such improvements for public use and designating Owens Street
and improvements for street and roadway purposes; establishing street grades and
sidewalk widths on Owens Street; accepting said facilities for City maintenance and
liability purposes, subject to specified limitations; adopting environmental findings and
findings that such actions are consistent with the City’s General Plan, eight priority policy
findings of Planning Code Section 101.1, and the Mission Bay South Redevelopment
Plan; accepting a Department of Public Works Order; and authorizing official acts in
connection with this Ordinance. (Public Works Department)
10/25/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
3. 110996 [Mission Bay Park Block P16 - Improvements]
Ordinance dedicating City property and portions of State Trust Parcels 4 and 5, known as
Mission Bay Park Block P16, lying along Third Street, Mission Bay Boulevard North, and
Mission Bay Boulevard South for public use and naming the new park “Mission Bay
Commons Park;” accepting the irrevocable offer for the acquisition facilities; designating
said facilities for open space and park purposes; accepting the Park for maintenance and
liability purposes, subject to specified limitations; adopting environmental findings and
findings that such actions are consistent with the City’s General Plan, priority policy
findings of City Planning Code Section 101.1, and the Mission Bay South Redevelopment
Plan; accepting a Department of Public Works Order; and authorizing official acts in
connection with this Ordinance. (Public Works Department)
10/25/2011; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Campos
4. 110883 [Accept and Expend Grant - Mass Notification System Security Improvements
- $551,552]
Sponsor: Chiu
Resolution authorizing the Port of San Francisco to accept and expend a grant in the
amount of $551,552 from the Department of Homeland Security, 2010 Port Security
Grant Program, for Ferry Building and Ferry Terminal Mass Notification System
improvements at the Port of San Francisco.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
Recommendations of the Rules Committee
Present: Supervisors Kim, Elsbernd, Farrell
5. 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, and
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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
6. 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
7. 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
8. 110390 [Authorizing Tax Collector to File Suit Against Responsible Relatives of
Recipient of Services at City Hospitals to Recover Value of Services]
Resolution authorizing Tax Collector Attorney to file suit against responsible relatives to
recover value of services rendered at hospital facilities operated by the San Francisco
Department of Public Health. (Treasurer-Tax Collector)
Question: Shall this Resolution be ADOPTED?
9. 111072 [Appointments, Shelter Monitoring Committee - Simon Martinez, Deborah
Muise, and Ramon Lacayo]
Motion appointing Simon Martinez, Deborah Muise, and Ramon Lacayo, terms ending
November 23, 2012, to the Shelter Monitoring Committee. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
10. 111097 [Appointments, Immigrant Rights Commission - Kathleen Coll, Mario Paz,
Angus McCarthy, Felix Fuentes, Melba Maldonado, and Toye Moses]
Motion appointing Kathleen Coll, Mario Paz, Angus McCarthy, Felix Fuentes, Melba
Maldonado, and Toye Moses, terms ending June 6, 2013, to the Immigrant Rights
Commission. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
REGULAR AGENDA
UNFINISHED BUSINESS
From the Board
The public comment legally required under California Government Code Section 54954.3
and San Francisco Administrative Code Section 67.15(a) prior to approval was provided
and completed on October 25, 2011.
(Only one of the following two motions should be approved.)
11. 110951 [Approving Planning Commission Decision Related to Conditional Use
Authorization - 4141 Geary Boulevard/450 - 6th Avenue]
Motion approving decision of the Planning Commission by its Motion No. 18415,
approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on
property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings
pursuant to Planning Code Section 101.1. (Clerk of the Board)
09/27/2011; CONTINUED.
10/25/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
12. 110952 [Disapproving Planning Commission Decision Related to Conditional Use
Authorization - 4141 Geary Boulevard/450 - 6th Avenue]
Motion disapproving decision of the Planning Commission by its Motion No. 18415,
approving Conditional Use Authorization identified as Planning Case No. 2010.0951C on
property located at 4141 Geary Boulevard/450 - 6th Avenue, and adopting findings
pursuant to Planning Code Section 101.1. (Clerk of the Board)
09/27/2011; CONTINUED.
10/25/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
13. 110953 [Preparation of Findings Related to the Conditional Use Authorization - 4141
Geary Boulevard/450 - 6th Avenue]
Motion directing the Clerk of the Board to prepare findings relating to proposed
Conditional Use Authorization identified as Planning Case No. 2010.0951C on property
located at 4141 Geary Boulevard/450 - 6th Avenue.
09/27/2011; CONTINUED.
10/25/2011; CONTINUED.
Question: Shall this Motion be APPROVED?
From the Clerk
14. 111169 [Adopting Findings Reversing the General Rule Exclusion Determination -
1171 Sansome Street]
Motion adopting findings reversing the Planning Department's determination that a
project located at 1171 Sansome Street (aka 1111 Sansome Street) is exempt from
environmental review through a general rule exclusion. (Clerk of the Board)
Question: Shall this Motion be APPROVED?
From the Government Audit and Oversight Committee Without Recommendation
Present: Supervisors Campos, Farrell, Chiu
15. 111030 [Administrative Code - Health Care Security Ordinance]
Sponsor: Chiu
Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, 14.4,
and adding Section 14.1.5 to: 1) clarify that only expenditures reasonably calculated to
benefit the employee shall satisfy the employer expenditure requirements of the Health
Care Security Ordinance; 2) provide, in the alternative if triggered by court action, that
only amounts actually paid to provide employee health care services shall satisfy the
employer expenditure requirements of the Health Care Security Ordinance; 3) require
employers imposing surcharges to pay for the required expenditures to report certain
information to OLSE in connection with the surcharge; 4) add an employee notification
requirement; 5) modify penalty provisions; and 6) set an operative date.
10/25/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
City and County of San Francisco Page 8 Printed at 3:22 pm on 10/27/11
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
Recommendation of the Land Use and Economic Development Committee
Present: Supervisors Mar, Cohen, Wiener
16. 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.
10/18/2011; CONTINUED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisors Chu, Mirkarimi, Kim
17. 110999 [Administrative Code - Financial Policy Regarding Selected Nonrecurring
Revenues]
Sponsors: Mayor; Chiu, Farrell and Chu
Ordinance amending the San Francisco Administrative Code Section 10.60, and adding
Section 10.61, to adopt a binding financial policy under Charter Section 9.120 providing
that Selected Nonrecurring Revenues may only be spent on Nonrecurring Expenditures.
(Controller)
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
18. 111000 [Administrative Code - Certificates of Participation and Commercial Paper
Debt Policies]
Sponsors: Mayor; Farrell, Chiu and Chu
Ordinance amending the San Francisco Administrative Code by adding Section 10.62 to
adopt a binding financial policy under Charter Section 9.120 regarding certificates of
participation and commercial paper. (Controller)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
19. 111001 [Administrative Code - Budget Procedures and Reporting Requirements]
Sponsors: Mayor; Chiu, Farrell and Chu
Ordinance amending the San Francisco Administrative Code Sections 3.3, 3.4, 3.5, 3.6,
3.20, 22A.6, 88.4, and by repealing Sections 88.8, and 88.10 to: 1) update budget
procedures to accommodate two-year budget cycles and five-year financial planning
requirements; and 2) eliminate outdated and duplicative reporting requirements.
(Controller)
Question: Shall this Ordinance be PASSED ON FIRST READING?
20. 111084 [Appropriating $1,843,125 of Children’s Fund Contingency in the Department
of Children, Youth, and their Families to Fund Subsidized Child Care for Low
Income Families - FY2011-2012]
Sponsor: Mayor
Ordinance appropriating $1,843,125 of Children’s Fund Designated Contingency to the
Department of Children, Youth, and their Families to allow California Department of
Education Title Five Contractors to provide subsidized child care funding for low income
families in order to mitigate State cuts in FY2011-2012.
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
21. 111085 [Memorandum of Understanding, Amendment No. 4 - Service Employees
International Union, Local 1021 (H-1 Fire Rescue Paramedics)]
Sponsor: Mayor
Ordinance adopting and implementing Amendment No. 4 to the 2007-2013
Memorandum of Understanding between the City and County of San Francisco and the
Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics, by
extending its term to June 30, 2015, and implementing specified terms and conditions of
employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015.
Question: Shall this Ordinance be PASSED ON FIRST READING?
22. 110986 [Airport Concession Lease - Amendment No. 1 to Terminal 3 Newstands -
Pacific Gateway Concessions, LLC]
Resolution retroactively 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)
Question: Shall this Resolution be ADOPTED?
23. 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)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
24. 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)
Question: Shall this Resolution be ADOPTED?
25. 111009 [Adopting a Fixed Two-Year Budget for Airport, the Port, and the Public
Utilities Commission]
Sponsors: Mayor, Chiu, Farrell and Chu
Resolution adopting a fixed two-year budgetary cycle for the Airport, the Port, and the
Public Utilities Commission, defining terms, and setting deadlines. (Controller)
Question: Shall this Resolution be ADOPTED?
26. 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)
10/18/2011; AMENDED.
10/18/2011; RE-REFERRED AS AMENDED to the Budget and Finance Committee.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
Recommendations of the Land Use and Economic Development Committee
Present: Mar, Cohen, Wiener
27. 110767 [Planning Code - Alcoholic Beverages in the Mission Alcoholic Beverage
Special Use Subdistrict]
Sponsors: Kim; Wiener and Mar
Ordinance amending the San Francisco Planning Code Section 249.60 to: 1) permit
bowling alleys and single screen theatres in the Mission Alcoholic Beverage Special Use
Subdistrict to serve alcoholic beverages; 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.
Question: Shall this Ordinance be PASSED ON FIRST READING?
28. 110984 [Transportation Code - Residential Parking Permit Application Penalties]
Ordinance amending the San Francisco Transportation Code, Article 7, Division I,
Section 7.2.50, and adding Section 7.3.11, to authorize administrative and misdemeanor
penalties for submitting false, misleading, or fraudulent information on a residential
parking permit application. (Municipal Transportation Agency)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendation of the Public Safety Committee
Present: Supervisors Mirkarimi, Campos
29. 110967 [Police Code - Regulating Public Nudity in Restaurants and Public Seating
Areas]
Sponsor: Wiener
Ordinance amending the San Francisco Police Code Section 1071.1 to: 1) prohibit public
nudity in restaurants; and 2) prohibit sitting on public benches or public seating areas
without clothing or some other separate material between the person's genitals, buttocks,
or anal region and the seating surface.
Question: Shall this Ordinance be PASSED ON FIRST READING?
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the City Operations and Neighborhood
Services Committee at a Special Meeting on Monday, October 31, 2011, at 10:00 a.m.
The Chair intends to request the Committee to send the following items to the Board as a
committee report on Tuesday, November 1, 2011.
30. 111164 [Supporting the Occupy Wall Street Protest Movement and the People’s Right
to Peaceful Assembly]
Sponsors: Avalos; Campos, Kim and Mar
Resolution supporting the Occupy Wall Street Protest Movement and urging Mayor Lee
to uphold people’s right to peaceful assembly and collaborate with OccupySF to ensure
the safety of the protestors, their supporters, and the greater public in the City and
County of San Francisco.
Question: Shall this Resolution be ADOPTED?
31. 111165 [Supporting Regulated and Safe Patient Access to Medical Cannabis]
Sponsors: Campos; Mar, Avalos, Chiu, Mirkarimi, Kim and Wiener
Resolution supporting regulated and safe patient access to medical cannabis in the City
and County of San Francisco.
Question: Shall this Resolution be ADOPTED?
ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of
inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public
that are within the subject matter jurisdiction of the Board, including items being considered today which
have not been considered by a Board committee and excluding items which have been considered by a
Board committee. Members of the public may address the Board for up to three minutes. Each member
of the public will be allotted the same number of minutes to speak, except that public speakers using
translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If
simultaneous translation services are used, speakers will be governed by the public testimony time limit
applied to speakers not requesting translation assistance. The President or the Board may limit the total
testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved,
as indicated.
Items 32 through 36
32. 111168 [Accept and Expend Grant - Prevention Training Center Clinical Training
Program - $96,121]
Sponsor: Wiener
Resolution authorizing the San Francisco Department of Public Health to accept and
expend a grant in the amount of $96,121 from the University of California, San
Francisco, to fund the Prevention Training Center Clinical Training Program for the
period of April 1, 2012, through March 31, 2013.
10/25/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
33. 111114 [Committee of the Whole - Ground Lease Agreement - 25 Essex Street,
Commonly Known as Rene Cazenave Apartments - November 8, 2011]
Sponsor: Kim
Motion scheduling the Board to sit as a Committee of the Whole on November 8, 2011,
at 3 p.m., to hold a public hearing of the proposal of the Redevelopment Agency of the
City and County of San Francisco on a Resolution to consider the proposal of the San
Francisco Redevelopment Agency to enter into a Ground Lease Agreement and lease
the land located at 25 Essex Street, Assessor’s Parcel No. 064-3749, commonly known
as Rene Cazenave Apartments to 25 Essex, L.P., a California limited partnership,
consistent with the provisions of the California Community Redevelopment Law Section
33433.
10/25/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
34. 111175 [Final Map 4633: 1584 - 1598 Church Street]
Motion approving Final Map 4633, a Mixed-Use, Six Unit Residential and One Unit
Commercial Condominium Project, located at 1584 - 1598 Church Street being a
subdivision of Assessors Block No. 6601, Lot No. 006; and adopting findings pursuant to
the General Plan and City Planning Code Section 101.1 (Public Works Department)
10/26/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
35. 111176 [Final Map 6374: 2020 Ellis Street]
Motion approving Final Map 6374, a 12 Unit Residential Condominium Project, located at
2020 Ellis Street being a subdivision of Assessors Block No. 1101, Lot No. 047; and
adopting findings pursuant to the General Plan and City Planning Code Section 101.1.
(Public Works Department)
10/26/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
36. 111177 [Final Map 6466: 574 Natoma Street]
Motion approving Final Map 6466, an 11 Unit Residential Condominium Project, located
at 574 Natoma Street being a subdivision of Assessors Block No. 3726, Lot No. 075; and
adopting findings pursuant to the General Plan and City Planning Code Section 101.1
(Public Works Department)
10/26/2011; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
37. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a
later meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time,
there is a need to take immediate action. The need to take action came to the attention of the City
and County of San Francisco after the agenda was posted.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
LEGISLATION INTRODUCED AT ROLL CALL
PROPOSED ORDINANCES
Proposed ordinances received from October 18, 2011, through October 24, 2011, for
reference by President to appropriate committee on November 1, 2011.
111135 [Settlement of Lawsuit - Diane Bauer - $35,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by Diane Bauer
against the City and County of San Francisco for $35,000; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al.
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111136 [Settlement of Lawsuit - David Cheung - $80,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by David Cheung,
individually and dba Kwok Shing Hong against the City and County of San Francisco for
$80,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court,
Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al.
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111137 [Settlement of Lawsuit - Elaine Choy - $28,850]
Ordinance authorizing settlement of the portion of the lawsuit filed by Elaine Choy against
the City and County of San Francisco for $28,850; the lawsuit was filed on January 31,
2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v.
City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111138 [Settlement of Lawsuit - Shonna Cook - $27,785]
Ordinance authorizing settlement of the portion of the lawsuit filed by Shonna Cook
against the City and County of San Francisco for $27,785; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
111139 [Settlement of Lawsuit - James Cordova/Maria Morales - $26,965]
Ordinance authorizing settlement of the portion of the lawsuit filed by James
Cordova/Maria Morales against the City and County of San Francisco for $26,965; the
lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No.
436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City
Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111140 [Settlement of Lawsuit - Brenda Dickson - $28,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by Brenda Dickson
against the City and County of San Francisco for $28,000; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111141 [Settlement of Lawsuit - Susan Garduno - $25,730]
Ordinance authorizing settlement of the portion of the lawsuit filed by Susan Garduno
against the City and County of San Francisco for $25,730; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111142 [Settlement of Lawsuit - KLW, LLC - $110,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by KLW, LLC, against
the City and County of San Francisco for $110,000; the lawsuit was filed on January 31,
2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v.
City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111143 [Settlement of Lawsuit - Lawrence LaBianca - $34,965]
Ordinance authorizing settlement of the portion of the lawsuit filed by Lawrence LaBianca
against the City and County of San Francisco for $34,965; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
111144 [Settlement of Lawsuit - Jane Martin and David Baker - $50,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by Jane Martin and
David Baker against the City and County of San Francisco for $50,000; the lawsuit was
filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled
Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111145 [Settlement of Lawsuit - Pat Moore/Tom Moore - $30,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by Pat Moore/Tom
Moore against the City and County of San Francisco for $30,000; the lawsuit was filed on
January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane
Martin, et al. v. City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111146 [Settlement of Lawsuit - James Ramsey/Patricia Carazo Ramsey - $33,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by James
Ramsey/Patricia Carazo Ramsey against the City and County of San Francisco for
$33,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court,
Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al.
(City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111147 [Settlement of Lawsuit - Sally Seid - $27,815]
Ordinance authorizing settlement of the portion of the lawsuit filed by Sally Seid against
the City and County of San Francisco for $27,815; the lawsuit was filed on January 31,
2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v.
City and County of San Francisco, et al. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111148 [Settlement of Lawsuit - Angela Sinicropi/Martin Takigawa - $26,820]
Ordinance authorizing settlement of the portion of the lawsuit filed by Angela
Sinicropi/Martin Takigawa against the City and County of San Francisco for $26,820; the
lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No.
436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City
Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
111149 [Settlement of Lawsuit - Sunday Bazaar/2170 Folson, LLC - $60,000]
Ordinance authorizing settlement of the portion of the lawsuit filed by Sunday
Bazaar/2170 Folson, LLC, against the City and County of San Francisco for $60,000; the
lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No.
436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City
Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111151 [Public Improvements Acceptance - Bayshore Boulevard at Waterloo Street]
Ordinance accepting an irrevocable offer for improvements and real property related to
the widening of Bayshore Boulevard at Waterloo Street and accepting a grant deed for
these purposes; declaring such area to be open public right-of-way and dedicating it for
right-of-way and roadway purposes; accepting maintenance and liability for this area
subject to certain limitations; establishing sidewalk width change for this area; making
findings, including environmental findings and general plan and priority policy findings;
and authorizing official acts in connection with this Ordinance. (Public Works
Department)
10/18/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee.
111154 [Agreement - Tracking Environmental Attributes]
Ordinance approving a contract between the City and County of San Francisco and the
Western Renewable Energy Generation Information System (WREGIS) for documenting
and tracking environmental attributes at an estimated initial cost of $4,500 per year,
depending on account activity; waiving the competitive procurement requirements of the
San Francisco Administrative Code Chapter 21 for this service, waiving the requirement
of Section 21.9(b) of the San Francisco Administrative Code that a City contract not
contain an automatic renewal provision, waiving the requirement of Section 21.35 of the
San Francisco Administrative Code that every contract contain a statement regarding
liability of claimants for submitting false claims, waiving the requirement of Section 12F.5
of the San Francisco Administrative Code that every contract contain a statement urging
companies abide by the MacBride Principles, and waiving the requirement of Section
12O.2 of the San Francisco Administrative Code that every contractor provide EIC forms
to eligible employees; and authorizing the San Francisco Public Utilities Commission to
enter other similar contracts for tracking environmental attributes. (Public Utilities
Commission)
10/24/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
PROPOSED RESOLUTIONS
Proposed resolutions received from October 18, 2011, through October 24, 2011, for
reference by President to appropriate committee on November 1, 2011.
111150 [Settlement of Claim - James Christian - $200,000]
Resolution approving the settlement of the unlitigated claim filed by James Christian
against the City and County of San Francisco for $200,000; claim was filed on May 31,
2011. (City Attorney)
10/17/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Rules Committee.
111152 [Airport Lease and Use Agreement - Swiss International Air Lines, Limited]
Resolution approving the terms of 2011 Airline/Airport Lease and Use Agreement
L11-0182 between the City and County of San Francisco and Swiss International Air
Lines, Limited, to conduct international flight operations at San Francisco International
Airport. (Airport Commission)
10/21/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
111153 [Contract Extension - Voting System - Not to Exceed $4,529,600]
Resolution approving an amendment to the existing contract between the City and
County of San Francisco, through its Department of Elections, and Dominion Voting
Systems for an amount not to exceed $4,529,600 and to extend the term of the contract
through December 11, 2013 [or December 11, 2016]. (Elections Department)
10/24/2011; RECEIVED FROM DEPARTMENT.
11/01/2011; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
111157 [Petitions and Communications]
Petitions and Communications received from October 18, 2011, through October 24,
2011, for reference by the President to Committee considering related matters, or to be
ordered filed by the Clerk on November 1, 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 Clerk of the Board, the following individual has submitted a Form 700 Statement:
(1)
Lin-Shao Chin, Legislative Aide - Leaving
From Aging and Adult Services Commission, submitting its Community Living Fund:
Program for Case Management and Purchase of Resources and Services Report for
January - June 2011. (2)
From Fish and Game Commission, submitting a copy of the notice of proposed
regulatory action relative to California Code of Regulations, Title 14, Sections 550, 550.5,
551, 552, 553, 630, and 703. (3)
From Office of the Controller, City Services Auditor, submitting its FY2009-2010 Review
Memorandum: Results of Political Activity Compliance Review. (4)
From Controller’s Office, City Services Auditor, submitting its Human Services Agency
Payroll Audit Report for calendar year January 1, 2010, through December 31, 2010. (5)
*From Residential Rent Stabilization and Arbitration Board, submitting its 2010-2011
Rent Board Annual Statistical Report. (6)
From concerned citizens, submitting support for the restoration of Sharp Park wetlands
and wildlife. File No. 110966, 10 letters. (7)
From concerned citizens, submitting opposition to false advertising by limited services
pregnancy centers. File No. 110899, 2 letters. (8)
From Allen Jones, submitting opposition to offering tax breaks to businesses that hire
former felons. File No. 111102. (9)
From Hedda Thieme, submitting a request that Clipper Cards display a running total of
money that was deducted for travel. (10)
From Gerald Cauthen, SaveMuni.com, submitting financial and ridership comparisons for
the San Francisco Central Subway Project. (11)
From concerned citizens, submitting support for San Francisco Animal Control and
Welfare Humane Pet Acquisition proposal. 3 letters. (12)
From Congresswoman Jackie Speier, submitting opposition to the use of federal funds
for purposes of managing Sharp Park. (13)
From Barbara Cohen, submitting support for the reappointment of Dr. Toye Moses to the
Immigrant Rights Commission. (14)
*From San Francisco Unified School District, submitting its 2011-2012 Williams Facilities
Inspection Report and Textbook Inspection Reports. (15)
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Board of Supervisors Meeting Agenda Tuesday, November 1, 2011
From Dennis J. Herrera, City Attorney, submitting a response to statements Mayor Lee
made about Office of the City Attorney’s code enforcement efforts. (16)
*(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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