# Board of Supervisors Agenda: May 22, 2012 - Meeting date: 2012-05-22 - Document type: agenda - Pages in official PDF: 23 - [Canonical HTML transcript](https://sfbos.info/documents/35/2012-05-22-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=197036&GUID=2063DC44-1784-44E5-9AA4-445482B405BF) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Extracted text ### [Page 1](https://sfbos.info/documents/35/2012-05-22-agenda#page-1) 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, May 22, 2012 - 2:00 PM Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, CHRISTINA OLAGUE, SCOTT WIENER Angela Calvillo, Clerk of the Board Agendas of the Board of Supervisors are available on the internet at www.sfbos.org BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Chu, Avalos, Kim, Cohen, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Chu, Avalos, Kim 10:00 AM City and School District Select Committee 4th Thursday Supervisors Campos, Olague, Chiu, Commissioners Fewer, Maufas, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Elsbernd, Chu, Olague 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Farrell, Elsbernd, Chiu 1:00 PM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Avalos, Olague, Mar 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Farrell, Campos 1:30 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/35/2012-05-22-agenda#page-2) 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. ### [Page 3](https://sfbos.info/documents/35/2012-05-22-agenda#page-3) 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 ### [Page 4](https://sfbos.info/documents/35/2012-05-22-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 ROLL CALL AND PLEDGE OF ALLEGIANCE AGENDA CHANGES APPROVAL OF MEETING MINUTES Approval of the April 17, 2012, Board Meeting Minutes and the April 18, 2012, Special Meeting Minutes at the Budget and Finance Committee Meeting. 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 6 Recommendation of the Budget and Finance Sub-Committee Present: Supervisors Chu, Avalos, Kim City and County of San Francisco Page 4 Printed at 4:48 pm on 5/21/12 ### [Page 5](https://sfbos.info/documents/35/2012-05-22-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 1. 120192 [Administrative Code - Board Approval of Grants and Grant Increases Over $100,000] Sponsors: Wiener; Chu Ordinance amending the San Francisco Administrative Code Section 10.170-1 to set a threshold of $100,000 or more for Board of Supervisors approval of the acceptance and expenditure of grants or increases in grants. Attachments: Legislation_Ver1 Legislative_Digest_ver1 Legislation_ver2 Legislative_Digest_Ver2 Comm_Packet_050212 Legislation_ver3 Legislative_Digest_Ver3 Comm_Packet_050912 Board_Packet_052212 05/15/2012; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 4:48 pm on 5/21/12 ### [Page 6](https://sfbos.info/documents/35/2012-05-22-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 Recommendations of the City Operations and Neighborhood Services Committee Present: Supervisors Elsbernd, Chu, Olague 2. 120180 [Liquor License - 350 California Street] Resolution determining that the issuance of a Type 21 off-sale general license to Farid Tawil for S.F. Gift and News, located at 350 California Street (District 3), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Attachments: Legislation_Ver1 Comm_Packet_051412 Board_packet_052212 Question: Shall this Resolution be ADOPTED? 3. 120195 [Changing the Street Name of Edinburg Street to Edinburgh Street] Sponsor: Avalos Resolution authorizing a street name change of Edinburg Street to Edinburgh Street, to correct a spelling discrepancy and eliminate confusion in the delivery of public services. Attachments: Legislation_Ver1 Comm_Packet_051412 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? 4. 120441 [Accept and Expend Grant - Electric Vehicle Infrastructure - $173,000] Sponsor: Mar Resolution authorizing the San Francisco Department of the Environment to accept and expend a grant sub-award of $173,000 from the Association of Bay Area Governments to contribute to the cost of installing publicly available electric vehicle chargers. Attachments: Legislation_Ver1 Comm_Packet_051412 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 6 Printed at 4:48 pm on 5/21/12 ### [Page 7](https://sfbos.info/documents/35/2012-05-22-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 5. 120442 [Accept Gift - 22 Electric Vehicle Chargers Equipment - $114,000] Sponsor: Mar Resolution authorizing the San Francisco Department of the Environment to accept 22 electric vehicle chargers and service through December 31, 2013, from Coulomb Technologies, Inc., as a sub-award under Grant DE-EE0003391 using American Reinvestment and Recovery Act Funds from the U.S. Department of Energy to Coulomb Technologies, Inc., for these purposes. Attachments: Legislation_Ver1 Legislation_Ver2 Comm_Packet_051412 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 4:48 pm on 5/21/12 ### [Page 8](https://sfbos.info/documents/35/2012-05-22-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 Recommendation of the Land Use and Economic Development Committee Present: Supervisors Mar, Cohen, Wiener 6. 120317 [Transportation Code - Fare Evasion and Clipper Card Regulations] Sponsor: Chiu Ordinance amending the San Francisco Transportation Code, Division I, Article 7 (Transit Violations) Sections 7.2.101 and 7.2.104 to eliminate restrictions on rear exit boarding of Municipal Railway transit vehicles in revenue service and clarify that failure to tag a Clipper card transponder or card reader is a violation of Section 7.2.104; and making environmental findings and technical corrections. Attachments: Legislation_Ver1 Leg_Digest_Ver1 Comm_Packet_050712 Legislation_Ver2 Board_Packet_051512 Board_packet_052212 05/15/2012; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? REGULAR AGENDA UNFINISHED BUSINESS There were none. NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee Present: Supervisors Chu, Avalos, Kim City and County of San Francisco Page 8 Printed at 4:48 pm on 5/21/12 ### [Page 9](https://sfbos.info/documents/35/2012-05-22-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 7. 120406 [Administrative Code - Film Rebate Program Extension and Funding] Sponsor: Farrell Ordinance amending the San Francisco Administrative Code Section 57.8 to: 1) extend the Film Rebate Program for two additional years, through June 30, 2014; and 2) increase the total amount of available funds up to $2,000,000 for film rebates during that period. (Fiscal Impact) Attachments: Legislation_Ver1 Legislative_Digest_Ver1 Comm_Packet_051612 Board_Packet_052212 Question: Shall this Ordinance be PASSED ON FIRST READING? 8. 120433 [Accept and Expend Grant - Replacement of Refrigeration Equipment in Small Businesses - $403,000] Sponsor: Chu Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $403,000 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to study the impact that the replacement of old refrigeration equipment in San Francisco businesses would have on energy usage and peak power demand in the City, and amending Ordinance No. 146-11 Annual Salary Ordinance, FY2011-2012 and FY 2012-2013) to reflect the addition of one (1) Class 5640 Environmental Specialist grant funded position (.25 FTE) at the Department of the Environment. Attachments: Legislation_Ver1 Comm_Packet_051612 Board_Packet_052212 Question: Shall this Ordinance be PASSED ON FIRST READING? Present: Supervisors Chu, Kim 9. 120069 [Lease of Real Property - T-Mobile West Corporation - 720 Moscow Street] Resolution authorizing the lease by T-Mobile West Corporation of approximately 160 rentable square feet of ground space located at 720 Moscow Street for the San Francisco Fire Department. (Real Estate Department) (Fiscal Impact) Attachments: Legislation_ver1 Budget_Analyst_051612.pdf Comm_Packet_051612 Legislation_Ver2 Board_packet_052212 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 9 Printed at 4:48 pm on 5/21/12 ### [Page 10](https://sfbos.info/documents/35/2012-05-22-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 Present: Supervisors Chu, Avalos, Kim 10. 120408 [Contract Amendment - Addiction, Research, and Treatment, Inc., dba BAART - $26,043,065] Sponsor: Mayor Resolution approving an amendment to the contract with Addiction, Research, and Treatment, Inc., dba BAART, for methadone maintenance services to $26,043,065. (Fiscal Impact) Attachments: Budget_Analyst_051612.pdf Comm_Packet_051612 Legislation_Ver1 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? 11. 120409 [Contract Amendment - Apollo Health Street, Inc. - $3,675,000] Sponsor: Mayor Resolution approving an amendment to the contract with Apollo Health Street, Inc., for retroactive claiming of aged accounts services to $3,675,000 for an additional four years. (Fiscal Impact) Attachments: Legislation_Ver1 Budget_Analyst_051612.pdf Comm_Packet_051612 Board_packet_052212 Question: Shall this Resolution be ADOPTED? 12. 120410 [Contract Amendment - Asian American Recovery Services - $113,859,922] Sponsor: Mayor Resolution approving an amendment to the contract with Asian American Recovery Services for fiscal intermediary services to $113,859,922 for an additional four years. (Fiscal Impact) Attachments: Legislation_Ver1 Budget_Analyst_051612.pdf Comm_Packet_051612 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 4:48 pm on 5/21/12 ### [Page 11](https://sfbos.info/documents/35/2012-05-22-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 13. 120411 [Contract Amendment - Triage Consulting Group - $1,823,761] Sponsor: Mayor Resolution approving an amendment to the contract with Triage Consulting Group for retroactive claiming of aged accounts services to $1,823,761 for eight years. (Fiscal Impact) Attachments: Legislation_Ver1 Budget_Analyst_051612.pdf Comm_Packet_051612 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? 14. 120439 [Accept and Expend Grant - Boeddeker Park and Clubhouse Project - $4,000,000] Sponsors: Mayor; Kim Resolution authorizing the San Francisco Recreation and Parks Department to accept and expend a grant administered by the California State Parks and Recreation Department in the amount of $4,000,000 for the Boeddeker Park and Clubhouse Project. Attachments: Legislation_Ver1 Comm_Packet_051612 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? 15. 120479 [Accept and Expend Grant - Transportation Development Act, Article 3 - $907,824] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of state Transportation Development Act Article 3 funds for various pedestrian and bicycle projects in San Francisco in FY2012-2013, totaling $907,824 including $453,912 for the Department of Public Works and $453,912 for the San Francisco Municipal Transportation Agency. Attachments: Legislation_Ver1 Comm_Packet_051612 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? Recommendations of the City Operations and Neighborhood Services Committee Present: Supervisors Elsbernd, Chu, Olague City and County of San Francisco Page 11 Printed at 4:48 pm on 5/21/12 ### [Page 12](https://sfbos.info/documents/35/2012-05-22-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 16. 120080 [Liquor License Transfer - 43-6th Street] Resolution determining that the premise to premise transfer of a Type 48 on-sale general public premises liquor license from 181 Eddy Street to 43-6th Street (District 6) to Mark E. Rennie for Club OMG!, LLC, dba Club OMG!, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Attachments: Legislation_Ver1 Comm_Packet_042312 Comm_Packet_051412 Board_packet_052212 Question: Shall this Resolution be ADOPTED? 17. 120447 [Urging the Secretary of the Navy to Christen a Ship as the "U.S.S. Harvey Milk"] Sponsor: Wiener Resolution urging the Secretary of the Navy to christen a ship as the “U.S.S. Harvey Milk.” (Supervisor Olague dissenting in Committee.) Attachments: Legislation_Ver1 Comm_Packet_051412 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? Recommendations of the Land Use and Economic Development Committee Present: Supervisors Elsbernd, Chu, Olague City and County of San Francisco Page 12 Printed at 4:48 pm on 5/21/12 ### [Page 13](https://sfbos.info/documents/35/2012-05-22-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 18. 110716 [Transportation Code - Tour Bus Parking and Loading] Sponsors: Chiu; Farrell Ordinance amending the San Francisco Transportation Code, Division I, Article 7 by: 1) amending Section 7.2.27 to remove the restriction on the use of white zones by commercial vehicles and clarify that this Section does not apply to Stands established under Division II of the Code and designated for the use of Tour Buses; 2) amending Section 7.2.38 to establish violations for vehicles other than authorized Tour Buses parking or stopping in restricted Tour Bus Stands and for Tour Buses that exceed posted time limits in such Stands; 3) amending Section 7.2.80 to exclude Tour Bus Stands from otherwise applicable parking restrictions imposed in specified use districts on vehicles required to register with the California Public Utilities Commission; and 4) making environmental findings. Attachments: Legislation_Ver1 Leg_Digest_Ver1 Response_PLN_072711 Comm_Packet_043012 Comm_Packet_051412 Legislation_Ver2 Leg_Digest_Ver2 Board_Packet_052212 Question: Shall this Ordinance be PASSED ON FIRST READING? 19. 120405 [Police Code - Regulating the Use of Amplified Sound on Unenclosed Tour Buses and Establishing Fee] Sponsor: Chiu Ordinance amending San Francisco Police Code Sections 46, 2901, 2916, and 2922, and adding Section 2913, to: 1) clarify that the definition of "Sound Truck" in Section 46 does not include unenclosed tour buses; 2) clarify that the noise restrictions imposed by Article 29 do not apply to the City and County of San Francisco; 3) prohibit the use of amplified sound systems on unenclosed tour buses unless such systems have been certified by the San Francisco Department of Public Health as not being audible from a distance of 50 or more feet from the vehicle or contain volume limiting electronics to meet that requirement; 4) adding a reporting requirement for the Department of Public Health; 5) adding fees for the Department of Public Health approval and issuance of a Certificate of Authorization to Operate Electronically Amplified Sound on Unenclosed Tour Bus; 6) authorize the Department of Public Health and the Police Department to enforce the requirements of Section 2913; 7) clarify that Article 29 should not be construed to conflict with Federal or State laws; and 8) adopt findings, including environmental findings. Attachments: Legislation_Ver1 Leg_Digest_Ver1 Response_PLN_050312 Comm_Packet_051412 Legislation_Ver2 Board_Packet_052212 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 13 Printed at 4:48 pm on 5/21/12 ### [Page 14](https://sfbos.info/documents/35/2012-05-22-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 20. 120016 [Street Encroachment - Outdoor Child Play Area - Redwood Street] Resolution: 1) granting revocable permission to the Public Utilities Commission to occupy a portion of the public right-of-way on Redwood Street, approximately 150 feet west of Polk Street to construct and maintain an outdoor play area accessible to a child care facility within the new building at 525 Golden Gate Avenue (Assessor’s Block No. 0766, Lot No. 001); and 2) making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Public Works Department) Attachments: Legislation_Ver1 Comm_Packet_051412 Legislation_Ver2 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? SPECIAL ORDER 3:00 P.M. (Pursuant to File No. 120455, approved May 15, 2012.) Board of Supervisors Sitting as a Committee of the Whole 21. 120456 [Public Hearing - Report of Assessment Costs for Blighted Properties] Hearing to consider objections to a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) Attachments: Board_Packet_052212 Question: Shall this Hearing be HEARD AND FILED? Committee of the Whole Adjourn and Report 22. 120457 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works Department) Attachments: Legislation_Ver1 Board_Packet_052212 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 14 Printed at 4:48 pm on 5/21/12 ### [Page 15](https://sfbos.info/documents/35/2012-05-22-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations City and County of San Francisco Page 15 Printed at 4:48 pm on 5/21/12 ### [Page 16](https://sfbos.info/documents/35/2012-05-22-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 SPECIAL ORDER 4:00 P.M. APPEAL PROCEDURES Board Rule 4.29 provides that public hearings on appeals shall be scheduled for 4:00 p.m. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 4:00 p.m. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 4:00 p.m: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to deadlines for Board decision). 3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk. 4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 4:00 p.m. 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 4:00 p.m. 23. 120262 [Appeal of Determination of Exemption from Environmental Review - 1100 Lombard Street] Hearing of persons interested in or objecting to the decision of the Planning Department's determination dated February 3, 2012, that a project located at 1100 Lombard Street (Building Permit Application No. 2012.02.03.3472) is exempt from environmental review under the California Environmental Quality Act (CEQA). The proposal would create a new firewall on the 1100 Lombard Street property (Assessor's Block No. 0069, Lot No. 081). (District 2) (Appellant: Christa Shaw on behalf of the John Sperling 1994 Irrevocable Trust, owner of 2323 Hyde Street) (Filed March 20, 2012). Attachments: Board_Packet_050112 Board_Packet_052212 05/01/2012; CONTINUED. Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, the following notice is hereby given: if you challenge, in court, the Categorical Exemption from Environmental Review described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing. (Only one of the following two motions should be approved.) City and County of San Francisco Page 16 Printed at 4:48 pm on 5/21/12 ### [Page 17](https://sfbos.info/documents/35/2012-05-22-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 24. 120263 [Affirming the Exemption Determination - 1100 Lombard Street] Motion affirming the determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. (Clerk of the Board) Attachments: Legislation_Ver1 Board_Packet_050112 Board_Packet_052212 05/01/2012; CONTINUED. Question: Shall this Motion be APPROVED? 25. 120264 [Reversing the Exemption Determination - 1100 Lombard Street] Motion reversing the determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. Attachments: Legislation_Ver1 Board_Packet_050112 Board_Packet_052212 05/01/2012; CONTINUED. Question: Shall this Motion be APPROVED? 26. 120265 [Preparation of Findings Related to the Exemption Determination - 1100 Lombard Street] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project located at 1100 Lombard Street is exempt from environmental review. (Clerk of the Board) Attachments: Legislation_Ver1 Board_Packet_050112 Board_Packet_052212 05/01/2012; CONTINUED. Question: Shall this Motion be APPROVED? COMMITTEE REPORTS Reports from committees, if any, recommending emergency or urgent measures. The following item will be considered by the Rules Committee at a Regular Meeting on Thursday, May 17, 2012, at 1:30 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, May 22, 2012. City and County of San Francisco Page 17 Printed at 4:48 pm on 5/21/12 ### [Page 18](https://sfbos.info/documents/35/2012-05-22-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 27. 120486 [Appointments, Sunshine Ordinance Task Force - Kitt Grant, David Pilpel, David Sim, Bruce Wolfe, Chris Hyland, and Louise Fischer] Hearing to consider appointing ten members, terms ending April 27, 2013, and April 27, 2014, to the Sunshine Ordinance Task Force. (Clerk of the Board) Attachments: Comm_Packet_051712 Board_Packet_052212 Question: Shall this Motion be APPROVED? 28. 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. 29. 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 30 through 34 City and County of San Francisco Page 18 Printed at 4:48 pm on 5/21/12 ### [Page 19](https://sfbos.info/documents/35/2012-05-22-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 30. 120534 [2012 Homeland Security Grants] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining state and federal financial assistance under various grant programs, including: the FY2012 Urban Areas Security Initiative (UASI) grant, the FY2012 State Homeland Security Grant Program, the FY2012 Emergency Management Performance Grant, and the 2012 California Volunteers Grant Program. Attachments: Legislation_VER1 Board_Packet_052212 05/15/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 31. 120535 [Approval of Tolling Agreement for America's Cup Litigation] Sponsor: Mayor Resolution approving a tolling agreement to toll the statute of limitations to file a lawsuit challenging the approval of the 34th America's Cup Project. Attachments: Legislation_VER1 Board_Packet_052212 05/15/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 32. 120536 [Opposing Assembly Bill 1158 - "Deferred Deposit Transactions" and Any Expansion of Payday Lending in California] Sponsor: Campos Resolution opposing Assembly Bill 1158, regarding deferred deposit transactions and any expansion of payday lending in California. Attachments: Legislation_VER1 Board_Packet_052212 05/15/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 19 Printed at 4:48 pm on 5/21/12 ### [Page 20](https://sfbos.info/documents/35/2012-05-22-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 33. 120537 [Golden Gate Bridge Anniversary Day – May 27, 2012] Sponsors: Farrell; Elsbernd, Chu, Mar and Campos Resolution celebrating the 75th anniversary of the Golden Gate Bridge and proclaiming May 27, 2012, to be “Golden Gate Bridge Day” in the City and County of San Francisco. Attachments: Legislation_VER1 Board_packet_052212 05/15/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 34. 120538 [Waiver Permitting City Employees to Assist the Department of Elections with the June 5, 2012, Consolidated Primary Election] Sponsor: Chiu Motion granting a waiver from the prohibition imposed by Charter Section 13.104.5, to permit City employees to assist the Department of Elections with the June 5, 2012, Consolidated Primary Election. Attachments: Legislation_VER1 Board_Packet_052212 05/15/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 35. 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. City and County of San Francisco Page 20 Printed at 4:48 pm on 5/21/12 ### [Page 21](https://sfbos.info/documents/35/2012-05-22-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 LEGISLATION INTRODUCED AT ROLL CALL Pursuant to Charter Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Pursuant to Section 2.8 of the Rules of Order of the Board of Supervisors, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board and introduced by the President. PROPOSED RESOLUTIONS Proposed resolutions received from May 8, 2012, through May 14, 2012, for reference by President to appropriate committee on May 22, 2012. 120539 [Official Advertising, FY2012-2013] Resolution designating the Examiner to be the official newspaper of the City and County of San Francisco for all official advertising for FY2012-2013. (Office of Contract Administration) 05/09/2012; RECEIVED FROM DEPARTMENT. 05/22/2012; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee. 120540 [Airport Concession Leases - Subway, Jalapeno Grill, Guava & Java, and Mission Bar & Grill] Resolution approving Amendment No. 2, to Domestic Terminal Food and Beverage Lease No. 03-0185 with Baysubway Airport (“Subway”); No. 03-0187 with Luna Azul Corporation (“Jalapeno Grill”); No. 03-0191 with Guava & Java (SFO), Inc. (“Guava & Java”); and No. 03-0199 with Burger Joint, Inc. (“Mission Bar & Grill”), and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) 05/11/2012; RECEIVED FROM DEPARTMENT. 05/22/2012; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee. 120543 [Report of Assessment Costs for Sidewalk and Curb Repairs] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) 05/14/2012; RECEIVED FROM DEPARTMENT. 05/22/2012; ASSIGNED to the Board of Supervisors. City and County of San Francisco Page 21 Printed at 4:48 pm on 5/21/12 ### [Page 22](https://sfbos.info/documents/35/2012-05-22-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 120494 [Petitions and Communications] Petitions and Communications received from May 8, 2012, through May 14, 2012, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on May 22, 2012. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information will not be redacted. From Morrison & Foerster, LLP, regarding the 8 Washington Street Project. File No. 120266 (1) *From Office of the Controller, submitting the FY2011-2012 Street Maintenance Benchmarking Report. (2) *From Planning Department, submitting the 2011 Housing Inventory Report. (3) From Department of Public Health, submitting the Laguna Honda Hospital and Rehabilitation Center's Compliance Quarterly Report, regarding the reversal of the admission policy priorities that took place February 22, 2005. Copy: Each Supervisor, GAO Committee Clerk (4) *From State Fish and Game Commission, regarding proposed regulatory action relating to public use of the Department of Fish and Game Lands. Copy: Each Supervisor (5) From Office of Citizen Complaints, submitting their 2011 Annual Report. Copy: Each Supervisor (6) From Office of the Clerk of the Board, the following individuals have submitted a Form 700 Statement: (7) Sonia Melara, Redistricting Task Force - Leaving Jenny Lam, Redistricting Task Force - Leaving From Capital Planning Committee, regarding the San Francisco Safe and Clean Neighborhood Parks General Obligation Bond. Copy: Each Supervisor, Budget and Finance Committee Clerk (8) From Jacqueline Darrigrand, regarding the garden soccer building project. (9) From Allen Jones, regarding the 49er stadium deal in Santa Clara. (10) *From Planning Department, submitting the 2011 Commerce and Industry Inventory Report. Copy: Each Supervisor (11) From concerned citizens, regarding proposed amendments to Planning Code Articles 10 and 11. File Nos. 120300, 120301, 8 letters (12) From Abdalla Megahed, submitting copy of letter sent to the Tenderloin Neighborhood Development Corporation regarding a lease violation notice. Copy: Each Supervisor (13) From UCSF Medical Center, regarding consolidation, expansion, and relocation of existing services at the UCSF Medical Center. Copy: Each Supervisor (14) From Douglas Yep, regarding the Government Audit and Oversight Committee (GAO). Copy: GAO Committee Members, File No. 110063 (15) City and County of San Francisco Page 22 Printed at 4:48 pm on 5/21/12 ### [Page 23](https://sfbos.info/documents/35/2012-05-22-agenda#page-23) Board of Supervisors Meeting Agenda Tuesday, May 22, 2012 From concerned citizen, thanking the Board of Supervisors for broadcasting their meetings on the radio. (16) From concerned citizens, regarding the 8 Washington Street Project. 2 letters (17) From Office of the Controller, submitting their Nine-Month Budget Report for FY2011-2012. (18) From Office of the Controller, submitting the Business Tax Reform Status Report. (19) From Collin, regarding neighborhood theaters. (20) From concerned citizens, regarding the Beach Chalet Project. 3 letters (21) *(An asterisked item represents the cover sheet to document that exceeds 25 pages. The complete document is available at the Clerk’s Office Room 244, City Hall.) ADJOURNMENT City and County of San Francisco Page 23 Printed at 4:48 pm on 5/21/12