# Board of Supervisors Agenda: January 31, 2012 - Meeting date: 2012-01-31 - Document type: agenda - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/5/2012-01-31-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=182915&GUID=A85AC585-F6AB-48CE-ABBC-E0AE6F5FB01B) > 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/5/2012-01-31-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, January 31, 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 1:00 PM City and School District Select Committee 2nd and 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/5/2012-01-31-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/5/2012-01-31-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/5/2012-01-31-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 ROLL CALL AND PLEDGE OF ALLEGIANCE AGENDA CHANGES COMMUNICATIONS CONSENT AGENDA All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated. Items 1 through 17 Recommendations of the Budget and Finance Committee Present: Supervisors Chu, Avalos 1. 111208 [Administrative Code - Public Guardian/Public Administrator Gift Fund] Ordinance amending the San Francisco Administrative Code by adding Section 10.100-190 to create a Public Guardian/Public Administrator Gift Fund to support the operations of the Public Guardian's Office, including needs assessment and conservatorship services for vulnerable persons who are unable to manage their basic personal or financial needs. (Human Services Department) (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_011112 Budget_Analyst_011112 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 4 Printed at 11:49 am on 1/31/12 ### [Page 5](https://sfbos.info/documents/5/2012-01-31-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 Present: Supervisors Chu, Avalos, Kim 2. 111333 [Appropriating $192,000,000 of Earthquake Safety and Emergency Response General Obligation Bonds to the Department of Public Works in FY2011-2012] Sponsors: Mayor; Chiu, Chu and Cohen Ordinance appropriating $192,000,000 of the 2012A Series Earthquake Safety and Emergency Response General Obligation Bond proceeds to the Department of Public Works in FY2011-2012 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster and placing these funds on Controller’s Reserve pending the sale of the bonds. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_011112 Budget_Analyst_011112 Legislation_Ver2 Comm_Packet_011812 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 3. 111335 [Appropriating $76,500,000 of Road Repaving and Street Safety General Obligation Bonds to the Department of Public Works and the Municipal Transportation Agency in FY2011-2012] Sponsors: Mayor; Wiener and Chu Ordinance appropriating $76,500,000 of the 2012C Series Road Repaving and Street Safety General Obligation Bond proceeds including $71,587,375 to the Department of Public Works and $4,912,625 to the Municipal Transportation Agency for street resurfacing, sidewalk, curb ramp, street structure improvements, the redesign of streetscapes to include pedestrian and bicycle safety improvements, and traffic signal improvements to support transit priority for FY2011-2012 and placing these funds on Controller’s Reserve pending the sale of the bonds. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_011112 Budget_Analyst_011112 Legislation_Ver2 Comm_Packet_011812 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 11:49 am on 1/31/12 ### [Page 6](https://sfbos.info/documents/5/2012-01-31-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 Recommendations of the City Operations and Neighborhood Services Committee Present: Supervisors Chu, Olague 4. 111134 [Liquor License - 440 Mission Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Mark E. Rennie for Bar Downtown, LLC., dba Craft, located at 440 Mission Street (District 6), will serve the public convenience and 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: Committee_Packet_012312 Legislation_Ver2 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? 5. 111260 [Liquor License - 701 Mission Street] Resolution determining that the issuance of a Type 64 Special On-Sale General Theater liquor license, to Jeanette Carvajal for the Yerba Buena Center for the Arts, located at 701 Mission Street (District 6), 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: Committee_Packet_012312 Legislation_Ver2 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? Recommendation of the Government Audit and Oversight Committee Present: Supervisors Farrell, Elsbernd, Chiu 6. 111067 [Administrative Code - Updating Job Classifications and Bargaining Units] Ordinance amending the San Francisco Administrative Code Sections 16.200 through 16.222 to reflect changes in job classifications. (Human Resources Department) Attachments: Legislation_Ver1 Comm_Packet_011212 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 6 Printed at 11:49 am on 1/31/12 ### [Page 7](https://sfbos.info/documents/5/2012-01-31-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 Recommendation of the Land Use and Economic Development Committee Present: Supervisor Mar, Cohen, Wiener 7. 111285 [Changing the Official Sidewalk Width - Portion of Mason Street] Sponsor: Chiu Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” by adding thereto Section 1590 to change the official sidewalk width of Mason Street starting at the southwest corner of the intersection of Mason Street and Washington Street and continuing south 29.52 feet; making environmental findings and findings pursuant to the General Plan and Planning Code Section 101.1; requiring relocation, modification, or both of facilities affected by the sidewalk width change. (Public Works Department) Attachments: Legislation_Ver1 Leg_Digest_Ver1 Comm_Packet_010912 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? Recommendations of the Rules Committee Present: Supervisors Kim, Farrell, Campos 8. 111298 [Settlement of Lawsuit - Mary Jenn - $72,500] Ordinance authorizing settlement of the lawsuit filed by Mary Jenn against the City and County of San Francisco for $72,500; the lawsuit was filed on November 12, 2010, in San Francisco County Superior Court, Case No. CGC-10-505363; entitled Mary Jenn v. City and County of San Francisco, et al. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 9. 111299 [Settlement of Lawsuit - DeWolf Realty Company, Inc. - $91,000] Ordinance authorizing settlement of the lawsuit filed by DeWolf Realty Company, Inc., Gordon Pederson, and Chubb Custom Insurance Company against the City and County of San Francisco for $91,000; the lawsuit was filed on July 19, 2010, in San Francisco Superior Court, Case No. CGC-10-501664; entitled DeWolf Realty Company, Inc., et al., v. City and County of San Francisco, et al. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 7 Printed at 11:49 am on 1/31/12 ### [Page 8](https://sfbos.info/documents/5/2012-01-31-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 10. 111369 [Settlement of Lawsuit - Linda Iacovetta - $210,000] Ordinance authorizing settlement of the lawsuit filed by Linda Iacovetta against the City and County of San Francisco for $210,000; the lawsuit was filed on August 4, 2011, in San Francisco Superior Court, Case No. CGC-10-502231; entitled Linda Iacovetta, et al. v. City and County of San Francisco, et al. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 11. 111370 [Settlement of Lawsuit - Metro Fuel, LLC - City to Receive $1,750,000; Approval of Settlement and Relocation Agreement; Waiver of Administrative Code Subsections 2.21(d) and (e)] Ordinance: 1) authorizing settlement of the lawsuit filed by Metro Fuel against the City and County of San Francisco for payment to the City of $1,750,000; the lawsuit was filed on November 30, 2007, in the United States District Court for the Northern District of California, Case No. C07-6067 PJH; entitled Metro Fuel, LLC v. City and County of San Francisco, et al.; other material terms of said settlement include settlement of the City’s notices of violation against unpermitted panel signs, setting up a process for approval of the relocation and disaggregation of existing lawful billboards to other locations and payment of settlement following the City’s approval of relocation permits for such billboards; 2) approving a Relocation and Settlement Agreement for the relocation of certain existing lawful billboards; and 3) waiving the requirements of San Francisco Administrative Code Subsections 2.21(d) and (e). (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 12. 111372 [Settlement of Lawsuit - City to Receive $3,170,000 for Sale of Parcel in San Mateo County] Ordinance authorizing settlement of a lawsuit filed by San Mateo County Transit District against the City and County of San Francisco and Artichoke Enterprises, Inc., aka Artichoke Joe's; and Does 1 through 50, to condemn and take by right of eminent domain property owned by the City and County of San Francisco located in San Bruno, California, for $3,170,000; the lawsuit was filed April 13, 2010, in San Mateo County Superior Court, Case No. CIV 494013; entitled San Mateo County Transit District v. City and County of San Francisco, Artichoke Enterprises, Inc. aka Artichoke Joe's; and Does 1 through 50, inclusive. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 8 Printed at 11:49 am on 1/31/12 ### [Page 9](https://sfbos.info/documents/5/2012-01-31-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 13. 111373 [Settlement of Lawsuit - City to Pay $238,000 for Subsurface Easement in Alameda 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; Union Sanitary District for the County of Alameda, State of California; and Does 1 through 100, to condemn and take by right of eminent domain a permanent subsurface easement of approximately 69,609 square feet in property owned by San Mateo County Transit District, located in Newark, California, commonly known as APNs 537-0551-020 and 537-0551-021-01; filed June 3, 2010, in Alameda County Superior Court, Case No. RG 10518243; entitled City and County of San Francisco v. San Mateo County Transit District; Union Pacific Railroad Company; State of California, Department of Transportation; Union Sanitary District for the County of Alameda, State of California; and Does 1 through 100. (City Attorney) Attachments: Legislation_VER1 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 14. 111301 [Settlement of Case - George and Vickie Bourdouris and Capital Insurance Group - $67,205.32] Resolution approving the proposed settlement of the case of George and Vickie Bourdouris and Capital Insurance Group vs. the City and County of San Francisco for $67,205.32, Unlitigated Claim No. 11-00689. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? 15. 111303 [Settlement of Unlitigated Claim - M/T Dubai Star/South Harmony Shipping - City to Receive $65,000] Resolution approving the settlement of the unlitigated claim filed by the City and County of San Francisco against M/T Dubai Star/South Harmony Shipping, Inc. for $65,000; claim was presented by the City on July 28, 2010. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? 16. 111376 [Settlement of Unlitigated Claim - Anita Scott - $200,000] Resolution approving the settlement of the unlitigated claim filed by Anita Scott against the City and County of San Francisco for $200,000; claim was filed on September 23, 2011. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 9 Printed at 11:49 am on 1/31/12 ### [Page 10](https://sfbos.info/documents/5/2012-01-31-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 17. 111377 [Settlement of Unlitigated Claim - Claire Himmel - $60,000] Resolution approving the settlement of the unlitigated claim filed by Claire Himmel against the City and County of San Francisco for $60,000; claim was filed on September 26, 2011. (City Attorney) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 11:49 am on 1/31/12 ### [Page 11](https://sfbos.info/documents/5/2012-01-31-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee Present: Supervisors Chu, Avalos, Kim 18. 111334 [Appropriating $75,009,139 of 2008 Clean and Safe Park Bond to the Recreation and Park Department and Port Commission in FY2011-2012] Sponsors: Mayor; Chu Ordinance appropriating $75,009,139 of 2008 Clean and Safe Park Bond sale proceeds to fund the improvement and construction at various recreation and park facilities, including $61,185,271 in the Recreation and Park Department and $10,394,975 in the Port Commission for FY2011-2012. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_011112 Budget_Analyst_011112 Legislation_Ver2 Comm_Packet_011812 Legislation_Ver3 Board_Packet_012412 Legislation_Ver4 Board_Packet_013112 01/24/2012; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 01/24/2012; PASSED ON FIRST READING AS AMENDED. Question: Shall this Ordinance be FINALLY PASSED? From the Budget and Finance Committee Without Recommendation Present: Supervisors Chu, Avalos, Kim City and County of San Francisco Page 11 Printed at 11:49 am on 1/31/12 ### [Page 12](https://sfbos.info/documents/5/2012-01-31-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 19. 111332 [Appropriating $4,442,514 of Fund Balance and Interest Earnings from the Sale of the Watermark Land and Condominiums to the Port Commission in FY2011-2012] Sponsor: Mayor Ordinance appropriating $4,442,514 consisting of $3,709,630 in fund balance and $732,884 in interest earnings from the sale of the Watermark Land and Condominiums to the Port Commission in FY2011-2012 to be used for the development of the Brannan Street Wharf and the Mixed-Use Cruise Terminal at Pier 27 and placing $614,000 on Controller’s Reserve pending receipt of the projected interest earnings. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_011112 Budget_Analyst_011112 Board_Packet_012412 Board_Packet_013112 01/24/2012; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 12 Printed at 11:49 am on 1/31/12 ### [Page 13](https://sfbos.info/documents/5/2012-01-31-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 Recommendation of the Land Use and Economic Development Committee Present: Supervisors Mar, Cohen, Wiener 20. 111104 [Health Code - Regulating Commercial Dog Walkers on Park Property] Sponsor: Wiener Ordinance amending the San Francisco Health Code by adding Article 39, Sections 39.01 through 39.13, to license and regulate Commercial Dog Walkers operating on park property. Attachments: Legislation_Ver1 Comm_Packet_121211 Legislation_Ver2 Leg_Digest_Ver2 Response_SBC_010512 Comm_Packet_010912 Legislation_Ver3 Leg_Digest_Ver3 Board_Packet_011012 Legislation_Ver4 Leg_Digest_Ver4 Board_Packet_012412 Legislation_Ver5 Board_Packet_013112 01/10/2012; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 01/10/2012; PASSED ON FIRST READING AS AMENDED. 01/24/2012; AMENDED. 01/24/2012; PASSED ON FIRST READING AS AMENDED. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Chu, Avalos, Kim City and County of San Francisco Page 13 Printed at 11:49 am on 1/31/12 ### [Page 14](https://sfbos.info/documents/5/2012-01-31-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 21. 120018 [Re-Appropriating $1,574,127 of General Fund Reserves for State Revenue Loss to Support HIV/AIDS Programs at the Department of Public Health, FY2011-2012] Sponsors: Mayor; Wiener, Campos and Olague Ordinance re-appropriating $1,574,127 of General Fund reserves for State revenue loss to backfill federal funding reductions to HIV/AIDS programs at the Department of Public Health in FY2011-2012. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_01251212 Budget_Analyst_012512 120018-2 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 22. 120019 [Accept and Expend Grant - Legal Educational Advocacy Program and Amendment to the Annual Salary Ordinance, FY2011-2012 - $231,147] Sponsor: Campos Ordinance authorizing the San Francisco Public Defender’s Office to retroactively accept and expend a grant in the amount of $231,147 from the Correction Standards Authority for the purpose of establishing a Legal Educational Advocacy Program; and amending Ordinance No. 146-11 (Annual Salary Ordinance, FY2011-2012) to reflect the addition of one Class 8177 Trial Attorney grant-funded position (0.50 FTE) at the San Francisco Public Defender’s Office. Attachments: Legislation_Ver1 Comm_Packet_012512 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 14 Printed at 11:49 am on 1/31/12 ### [Page 15](https://sfbos.info/documents/5/2012-01-31-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 Recommendation of the Land Use and Economic Development Committee Present: Supervisors Mar, Wiener, Chu 23. 111248 [Regulations for Jane Warner and Harvey Milk Plazas] Sponsor: Wiener Ordinance: 1) approving regulations for Jane Warner Plaza at the intersection of Castro and 17th Streets and Harvey Milk Plaza adjacent to the intersection of Castro and Market Streets; and 2) authorizing official acts in connection with the regulations. (Supervisor Mar dissented in Committee.) Attachments: Legislation_Ver1 Legislation_Ver2 Leg_Digest_Ver2 Response_SFPD_122911 Comm_Packet_012312 Legislation_Ver3 Leg_Digest_Ver3 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Rules Committee Present: Supervisors Kim, Farrell, Campos 24. 120009 [Appointment, California State Association of Counties - Supervisor Eric Mar] Motion appointing Supervisor Eric Mar, term ending November 28, 2012, to the California State Association of Counties. (Clerk of the Board) Attachments: Legislation_Ver1 Board_Packet_013112 Question: Shall this Motion be APPROVED? City and County of San Francisco Page 15 Printed at 11:49 am on 1/31/12 ### [Page 16](https://sfbos.info/documents/5/2012-01-31-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 25. 120010 [Appointment, Board of Appeals - Richard Hillis] Motion approving the Mayor’s appointment of Richard Hillis to the Board of Appeals, for the term ending July 1, 2012. (Mayor) (Section 4.106 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - 12/14/11.) Attachments: Legislation_Ver1 Legislation_Ver2 Board_Packet_013112 Question: Shall this Motion be APPROVED? 26. 120013 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Carmen Chu] Motion appointing Supervisor Carmen Chu, term ending June 30, 2013, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Attachments: Legislaton_Ver1 Board_Packet_013112 Question: Shall this Motion be APPROVED? City and County of San Francisco Page 16 Printed at 11:49 am on 1/31/12 ### [Page 17](https://sfbos.info/documents/5/2012-01-31-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 27. 120063 [Hearing - Real Property Lease - Bauer Intelligent Transportation, Inc. - Pier 50] Sponsor: Chiu Hearing of persons interested in or objecting to amendments to the proposed Resolution approving CEQA Findings and Mitigation Monitoring and Reporting Program, and Port Commission Lease No. L-15004 with Bauer Intelligent Transportation, Inc., a California Corporation, for certain real property located at Pier 50, Sheds A and C, in the City and County of San Francisco, for a term of ten years. Attachments: Board_Packet_013112 Question: Shall this Hearing be HEARD AND FILED? Committee of the Whole Adjourn and Report From the Budget and Finance Committee Without Recommendation Present: Supervisors Chu, Kim From the Board City and County of San Francisco Page 17 Printed at 11:49 am on 1/31/12 ### [Page 18](https://sfbos.info/documents/5/2012-01-31-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 28. 111317 [Real Property Lease - Bauer Intelligent Transportation, Inc. - Pier 50] Sponsor: Chiu Resolution approving CEQA Findings and Mitigation Monitoring and Reporting Program, and Port Commission Lease No. L-15004 with Bauer Intelligent Transportation, Inc., a California Corporation, for certain real property located at Pier 50, Sheds A and C, in the City and County of San Francisco, for a term of ten years. (Fiscal Impact) Attachments: Legislation_Ver1 Comm_Packet_010412 Budget_Analyst_010412 Legislation_Ver2 Board_Packet_011012 Board_Packet_012412 Legislation_Ver3 Board_Packet_013112 01/10/2012; CONTINUED. 01/24/2012; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 01/24/2012; CONTINUED AS AMENDED. Question: Shall this Resolution be ADOPTED? SPECIAL ORDER 3:30 P.M. - Recognition of Commendations COMMITTEE REPORTS Reports from committees, if any, recommending emergency or urgent measures. The following item will be considered by the Land Use and Economic Development Committee at a Regular Meeting on Monday, January 30, 2012, at 1:00 p.m. The Chair intends to request the Committee to send the following item to the Board as a committee report on Tuesday, January 31, 2012. City and County of San Francisco Page 18 Printed at 11:49 am on 1/31/12 ### [Page 19](https://sfbos.info/documents/5/2012-01-31-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 29. 111078 [Planning Code and Zoning Map Amendments - India Basin Industrial Park] Sponsor: Cohen Ordinance: 1) amending the San Francisco Planning Code Section 249.42 to allow outpatient medical care clinics; 2) amending the San Francisco Planning Code Zoning Map Sheet 8 SU to add parcels in Assessor's Block No. 5211, Lot Nos. 29 through 54 to the India Basin Special Use District, and remove the parcel in Assessor's Block No. 5211, Lot No. 28 from the Design and Development Special Use District and add it to the India Basin Special Use District; and 3) making environmental findings and findings of consistency with general plan. Attachments: Legislation_Ver1 Leg_Digest_Ver1 Response_PLN_122111 Response_PLN_120711 Comm_Packet_012312 Comm_Packet_013012 Legislation_Ver2 Leg_Digest_Ver2 Board_Packet_013112 Question: Shall this Ordinance be PASSED ON FIRST READING? 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. City and County of San Francisco Page 19 Printed at 11:49 am on 1/31/12 ### [Page 20](https://sfbos.info/documents/5/2012-01-31-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. Items 30 through 35 30. 120025 [Opposing the United States Supreme Court’s Decision in Citizens United and Supporting Related United States Constitutional Amendment] Sponsors: Chiu; Cohen, Wiener and Olague Resolution opposing the United States Supreme Court's interpretation of the Constitution in Citizens United regarding the rights of corporations and supporting an amendment to the Constitution to provide that corporations are not entitled to the entirety of protections of natural persons. Attachments: Legislation_Ver1 Board_Packet_012412 Board_Packet_013112 01/10/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 01/24/2012; CONTINUED. Question: Shall this Resolution be ADOPTED? 31. 120028 [Urging the National Academy of Arts and Sciences Reinstate 31 Categories of Music for GRAMMY Consideration] Sponsor: Mar Resolution urging the reinstatement of the 31 categories of music that were eliminated by the National Academy of Arts and Sciences for GRAMMY consideration on April 6, 2011. Attachments: Legislation_Ver1 Board_Packet_012412 Board_Packet_013112 01/10/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 01/24/2012; CONTINUED. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 20 Printed at 11:49 am on 1/31/12 ### [Page 21](https://sfbos.info/documents/5/2012-01-31-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 32. 120052 [Approval of a 90-Day Extension for Planning Commission Review of Rezoning of 1111 Eighth Street (File No 111278)] Sponsor: Cohen Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed Ordinance (File No 111278) amending the Planning Code by amending Sectional Map SU08 of the Zoning Map of the City and County of San Francisco and adding Planning Code Section 249.66 to: 1) establish the Art and Design Educational Special Use District at 1111 Eighth Street to facilitate the continued operation of the California College of the Arts and provide a regulatory scheme for a potential future phased expansion of the campus; and 2) making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Attachments: Legislation_Ver1 Board_Packet_013112 01/25/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 33. 120053 [Supporting President Barack Obama’s Summer Jobs+ Plan and Recommending Similar Plan] Sponsor: Elsbernd Resolution supporting President Barack Obama’s Summer Jobs+ plan and recommending the development of a similar plan for youth in San Francisco. Attachments: Legislation_Ver1 Board_Packet_013112 01/25/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 34. 120054 [Supporting the California Cancer Research Act] Sponsor: Mar Resolution supporting the California Cancer Research Act. Attachments: Legislation_Ver1 Board_Packet_013112 01/25/2012; 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 21 Printed at 11:49 am on 1/31/12 ### [Page 22](https://sfbos.info/documents/5/2012-01-31-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 35. 120055 [Authorization to Apply for Strategic Growth Council Sustainable Communities Planning Grant] Sponsor: Mayor Resolution authorizing the San Francisco Planning Department to apply for a planning grant from the State of California Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to implement the Strengthening Neighborhoods Program. Attachments: Legislation_Ver1 Board_Packet_013112 01/25/2012; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 36. 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 22 Printed at 11:49 am on 1/31/12 ### [Page 23](https://sfbos.info/documents/5/2012-01-31-agenda#page-23) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 37. 120072 [Petitions and Communications] Petitions and Communications received from January 17, 2012, through January 23, 2012, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on January 31, 2012. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. From Lippe, Gaffney, and Wagner, regarding America’s Cup. File No. 111358, Copy: Each Supervisor (1) From Deborah Taylor, regarding bicycles on the Golden Gate Bridge pedestrian walkway. Copy: Each Supervisor (2) From Office of the Mayor, submitting the following appointment: (3) Arts Commission JD Beltran, term ending January 15, 2016 From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding the following appointment by the Mayor: Copy: Rules Committee Clerk (4) Art Commission JD Beltran, term ending January 15, 2016 From Office of the Mayor, submitting a communication notifying the Board of Supervisors of the nomination of Naomi Kelly for City Administrator. Copy: Each Supervisor, City Attorney (5) From UCSF, submitting support for proposed legislation regarding the transfer of assets, obligations, and functions of the Redevelopment Agency to the City and County of San Francisco. File No. 120021, Copy: Each Supervisor (6) From Shirley and Bruce Selby, regarding Supervisor Mirkarimi. Copy: Each Supervisor (7) From Civil Service Commission, submitting notice of a Civil Service Commission action regarding salary setting for elected officials. (8) From Office of the Treasurer & Tax Collector, submitting the December 2011 Investment Report. (9) From Branch Library Improvement Program, submitting the 2011 Fourth Quarter Report. (10) From State Fish and Game Commission, regarding proposed regulatory action relating to mammal hunting regulations. Copy: Each Supervisor (11) From Department on the Status of Women, requesting the opportunity to celebrate the women leaders of San Francisco at the March 6, 2012, Board of Supervisors meeting. Copy: Each Supervisor (12) From San Francisco Unified School District, submitting notice that Nancy Waymack has been appointed as the San Francisco Unified School District representative on the AB26 Redevelopment Successor Agency Oversight Board. Copy: Each Supervisor (13) City and County of San Francisco Page 23 Printed at 11:49 am on 1/31/12 ### [Page 24](https://sfbos.info/documents/5/2012-01-31-agenda#page-24) Board of Supervisors Meeting Agenda Tuesday, January 31, 2012 From Office of the Mayor, submitting the following appointment: (14) Residential Rent Stabilization and Arbitration Board Brooks Beard, term ending October 1, 2015 From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding the following appointment by the Mayor: Copy: Rules Committee Clerk (15) Residential Rent Stabilization and Arbitration Board Brooks Beard, term ending October 1, 2015 From Patti Weber, regarding the Gold Dust Bar on Powell Street. (16) From Office of the Clerk of the Board, the following individuals have submitted a Form 700 Statement: (17) Rick Caldeira, COB Deputy - Annual Vallie Brown, Legislative Aide - Leaving From concerned citizens, submitting support for proposed regulations for Jane Warner and Harvey Milk Plazas. File No. 111248, 18 letters (18) From concerned citizens, submitting support for America’s Cup. File No. 111358, 5 letters (19) From Karl Olson, submitting support for the appeal against the America’s Cup. File No. 111358 (20) *(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.) Attachments: Board_Packet_013112 Board_Packet_013112 ADJOURNMENT City and County of San Francisco Page 24 Printed at 11:49 am on 1/31/12