# Board of Supervisors Agenda: February 26, 2013 - Meeting date: 2013-02-26 - Document type: agenda - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/89/2013-02-26-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=229388&GUID=994879D7-CAE5-4C97-822A-106D1C9464E0) > 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/89/2013-02-26-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, February 26, 2013 - 2:00 PM Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, LONDON BREED, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, SCOTT WIENER, NORMAN YEE 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 Farrell, Mar, Avalos 1:00 PM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza, Norton, Wynns 3:30 PM City Operations and Neighborhood Services Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Chu, Cohen, Campos 10:00 AM Land Use and Economic Development Committee Monday Supervisors Wiener, Kim, Chiu 1:30 PM Public Safety Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Yee, Breed, Cohen 1:30 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/89/2013-02-26-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 Derek Evans (415) 554-7702. ### [Page 3](https://sfbos.info/documents/89/2013-02-26-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/89/2013-02-26-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 ROLL CALL AND PLEDGE OF ALLEGIANCE AGENDA CHANGES APPROVAL OF MEETING MINUTES Approval of the January 15, 2013, 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. Items 1 through 12 Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated. Recommendations of the Budget and Finance Committee Present: Supervisors Farrell, Mar, Avalos City and County of San Francisco Page 4 Printed at 9:57 am on 2/26/13 ### [Page 5](https://sfbos.info/documents/89/2013-02-26-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 1. 121105 [Administrative Code - Expanding Public Utilities Commission Local Business Enterprise Contracting Opportunities] Sponsors: Chiu; Mar Ordinance amending the Administrative Code, Sections 14B.2 and 14B.5, to increase contracting opportunities for certified Public Utilities Commission Local Business Enterprises and to make corresponding technical changes. Attachments: Leg_Ver1 Leg_Digest_Ver1 Response_Planning_112712 Response_Small_013013 Comm_Pkt_020612 Leg_Ver2 Leg_Digest_Ver2 Board_Packet_021213 Board_Packet_022613 02/12/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 2. 121165 [Public Employment - Amendment to the Annual Salary Ordinance for Department on the Status of Women and the District Attorney’s Office - FY2012-2013] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance amending Ordinance No. 165-12 (Annual Salary Ordinance FY2012-2013) to reflect the addition of 1 position (0.33 FTE) in the Department on the Status of Women and 9 positions (2.97 FTEs) in the District Attorney’s Office. (Fiscal Impact) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_020613.pdf Comm_Pkt_020612 Leg_Ver2 Board_Packet_021213 Board_Packet_022613 02/12/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 9:57 am on 2/26/13 ### [Page 6](https://sfbos.info/documents/89/2013-02-26-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 3. 121166 [Appropriating $631,893 for the San Francisco Department on the Status of Women and the District Attorney’s Office] Sponsors: Chiu; Cohen, Kim, Mar, Farrell, Avalos, Wiener and Campos Ordinance appropriating $278,973 to the San Francisco Department on the Status of Women and $352,920 to the District Attorney’s Office for FY2012-2013. (Fiscal Impact) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_020613.pdf Comm_Pkt_020612 Leg_Ver2 Board_Packet_021213 Board_Packet_022613 02/12/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? Recommendations of the Land Use and Economic Development Committee Present: Supervisors Wiener, Kim, Chiu 4. 120900 [Planning Code - Car Share Parking Spaces] Sponsors: Wiener; Chiu, Cohen, Chu and Campos Ordinance amending the Planning Code, Section 166, to authorize owners of projects with residential units to elect to provide additional parking spaces for car-share use which will not count against any parking maximums; allow the car-share spaces to be used for other permitted uses other than parking a motorized vehicle if a car-share organization chooses not to use the space; and 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. Attachments: Leg_Ver1 Leg_Dig_Ver1 Response_PLN_092012 Response_PLN_121112 Leg_Ver2 Leg_Dig_Ver2 Comm_Packet_020413 Board_Packet_021213 Board_Packet_022613 02/12/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 6 Printed at 9:57 am on 2/26/13 ### [Page 7](https://sfbos.info/documents/89/2013-02-26-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 5. 121018 [Housing Code - Telephone Jacks and Grab Bars] Sponsors: Mar, Chiu, Campos, Kim, Avalos and Yee Ordinance amending the Housing Code, Section 206, to add Section 1002 to the list of retroactive provisions; Section 505, to require grab bars in hotel common-use water closets and bathing facilities; Section 1002, to include as a substandard housing condition the failure to provide a usable telephone jack and telephone wiring as required by the California Civil Code; establishing an operative date; and making environmental findings, legislative findings, and findings pursuant to California Health & Safety Code, Section 17958.5. Attachments: Leg_Ver1 Leg_Dig_Ver1 Response_PLN_110912 Response_BIC_011813 Comm_Packet_020413 Leg_Ver2 Leg_Dig_Ver2 Board_Packet_021213 Board_Packet_022613 02/12/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 6. 130005 [Street Artist Spaces - Market Street, Spear to Steuart Streets] Resolution approving designation of six selling spaces on Market Street, north side, Spear to Steuart Streets, for street artists certified by the Arts Commission; and exempting said spaces from the regulations of Police Code, Section 2405, relating to street artist display size. (Arts Commission) Attachments: Leg_Ver1 Comm_Packet_021113 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? 7. 130063 [Street Artist Spaces - Post Street at Stockton Street] Resolution approving re-designation, for six months, two temporary selling spaces on Post Street, northwest corner, at Stockton Street, for street artists certified by the Arts Commission. (Arts Commission) Attachments: Leg_Ver1 Arts_Comm_Rpt_011413 Comm_Packet_021113 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 9:57 am on 2/26/13 ### [Page 8](https://sfbos.info/documents/89/2013-02-26-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 8. 130064 [Street Artist Space - Leavenworth Street at Jefferson Street] Resolution approving re-designation of one selling space on Leavenworth Street, west side, at Jefferson Street, for six months, for street artists certified by the Arts Commission; exempting said space from the regulations of Police Code, Section 2405(c) (6) and (11), prohibiting selling within ten feet from the outer edge of any entrance to any building and prohibiting selling within five feet from the display of any other street artist. (Arts Commission) Attachments: Leg_Ver1 Art_Comm_Rpt_011413 Comm_Packet_021113 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? Recommendations of the Rules Committee Present: Supervisors Yee, Breed, Cohen 9. 130034 [Settlement of Lawsuit - Mary Bull - $465,000] Ordinance authorizing settlement of a lawsuit filed by Mary Bull, Lisa Giampaoli, Alexis Bronson, Micky Mangosing, Leigh Fleming, Laura Timbrook, J. Quechan Allen, Diana Smith, Michele De Ranleau, Michael Marron, Steve Noh, Sister Bernie Galvin, and Brian Vowell against the City and County of San Francisco for an amount not to exceed $465,000; the lawsuit was filed on April 23, 2003, in United States District Court, Northern District of California, Case No. C03-1840 (CRB); entitled Mary Bull et al. v. City and County of San Francisco. (City Attorney) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Ordinance be PASSED ON FIRST READING? 10. 130050 [Amending the Board's Rules - Establish Neighborhood Services and Safety Committee - Combining the City Operations and Neighborhood Services and the Public Safety Committees] Sponsor: Chiu Motion amending the Board of Supervisors Rules of Order, Rule 3.27, and deleting Rule 3.29, to establish the Neighborhood Services and Safety Committee by combining the City Operations and Neighborhood Services Committee and the Public Safety Committee. Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? City and County of San Francisco Page 8 Printed at 9:57 am on 2/26/13 ### [Page 9](https://sfbos.info/documents/89/2013-02-26-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 11. 130073 [Appointments, Veterans' Affairs Commission - Mary Tramil and Dottie Guy] Motion appointing Mary Tramil and Dottie Guy, terms ending January 31, 2017, to the Veterans' Affairs Commission. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? 12. 130081 [Appointments, Golden Gate Bridge, Highway and Transportation District - Richard Grosboll, Michael Theriault, Dave Snyder, and Janet Reilly] Motion appointing Richard Grosboll, Michael Theriault, Dave Snyder, and Janet Reilly, terms ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Attachments: Comm_Packet_020713 Leg_Ver2 Board_Packet_022613 Question: Shall this Motion be APPROVED? REGULAR AGENDA UNFINISHED BUSINESS There were no items. City and County of San Francisco Page 9 Printed at 9:57 am on 2/26/13 ### [Page 10](https://sfbos.info/documents/89/2013-02-26-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Farrell, Mar, Avalos 13. 121124 [Administrative Code - Compensation For City Employees With Same-Sex Spouses Or Same-Sex Domestic Partners to Offset Federal Income Tax on Health Insurance Premiums] Sponsors: Farrell; Campos, Chu, Wiener, Avalos and Mar Ordinance amending the Administrative Code, by adding Sections 16.704 and 16.29-7.6, to mandate payments to City employees to offset federal income taxation on health insurance premiums for their same-sex spouses or same-sex domestic partners and to exclude such payments from the computation of compensation under the San Francisco Employees' Retirement System. (Fiscal Impact) Attachments: Leg_Ver1 Leg_Digest_Ver1 Bdgt_Analyst_Rpt_020613.pdf Comm_Pkt_020612 Leg_Ver2 Leg_Digest_Ver2 Board_Packet_022613 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 10 Printed at 9:57 am on 2/26/13 ### [Page 11](https://sfbos.info/documents/89/2013-02-26-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 14. 130017 [Appropriating $6,589,395 for the Department of Juvenile Probation, the Department of Public Health, the Human Services Agency, and the Art Commission - FY2012-2013] Sponsor: Mayor Ordinance appropriating $6,589,395 of State Revenue Loss Reserve to fund the de-appropriation of State revenue of $534,406 at the Department of Public Health and appropriating uses of $50,000 to the Department of Juvenile Probation, $2,424,528 to the Department of Public Health, $3,180,461 to the Human Services Agency, and $400,000 to the Art Commission in FY2012-2013. (Fiscal Impact) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_021313 Comm_Pkt_021313 Leg_Ver2 Board_Packet_022613 Question: Shall this Ordinance be PASSED ON FIRST READING? 15. 121184 [Lease Agreement - Japan Center Garage Corporation - Japan Center Public Parking Garage - $1] Resolution approving a lease agreement between the Municipal Transportation Agency and the City of San Francisco Japan Center Garage Corporation for the Japan Center Public Parking Garage with an initial term of 10 years for a base rent of $1 and two 5-year options for a base rent of $1 for each option. (Municipal Transportation Agency) (Fiscal Impact) Attachments: Leg_Ver1 Budget_Analyst_Rpt_011613 Comm_Packet_011613 Bdgt_Analyst_Rpt_021313 Comm_Pkt_021313 Leg_Ver2 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 11 Printed at 9:57 am on 2/26/13 ### [Page 12](https://sfbos.info/documents/89/2013-02-26-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 16. 121185 [Lease Agreement - Uptown Parking Corporation - Sutter Stockton Public Parking Garage - $1] Resolution approving a lease agreement between the Municipal Transportation Agency and the City of San Francisco Uptown Parking Corporation for the Sutter Stockton Public Parking Garage with an initial term of 10 years for a base rent of $1 and two 5-year options for a base rent of $1 for each option. (Municipal Transportation Agency) (Fiscal Impact) Attachments: Leg_Ver1 Budget_Report_Rpt_011613 Comm_Packet_011613 Bdgt_Analyst_Rpt_021313 bf021313_121185.pdf Leg_Ver2 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? 17. 121191 [Airport Concession Lease - Avila Retail Development and Management, LLC - $162,000 Minimum Annual Guarantee] Resolution retroactively approving the Boarding Area “F” Specialty Store Lease between Avila Retail Development and Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission with a minimum annual guarantee of $162,000 for a term from January 1, 2013, through December 31, 2019. (Airport Commission) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_020613 Comm_Pkt_020612 Bdgt_Analyst_Rpt_021313 Comm_Pkt_021313 Leg_Ver2 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 12 Printed at 9:57 am on 2/26/13 ### [Page 13](https://sfbos.info/documents/89/2013-02-26-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 18. 121225 [Contract Amendment - Xtech - $90,580,000] Resolution authorizing the Office of Contract Administration to enter into the Seventh Amendment between the City and Xtech (part of the Technology Store procurement vehicle) in which the amendment shall increase the contract amount from $60,490,000 to $90,580,000 for the period of January 1, 2009, through December 31, 2013. (Office of Contract Administration) (Fiscal Impact) Attachments: Leg_Ver1 Leg_Ver2 Bdgt_Analyst_Rpt_021313 Comm_Pkt_021313 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? 19. 130056 [California Environmental Quality Act Findings - Calaveras Dam Replacement Project] Resolution adopting findings under the California Environmental Quality Act related to modifications to the San Francisco Public Utilities Commission Water System Improvement Program Calaveras Dam Replacement Project, located in Alameda and Santa Clara Counties, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Attachments: Support1_Doc Leg_Ver1 Comm_Pkt_021313 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? 20. 130091 [Accept and Expend Grant - Anti-Human Trafficking Task Force Program - $200,000] Sponsor: Chu Resolution authorizing the Police Department to retroactively accept and expend a grant in the amount of $200,000 from the California Emergency Management Agency for the Anti-Human Trafficking Task Force Program for the period of October 1, 2012, through September 30, 2013. Attachments: Leg_Ver1 Support1_Doc Support2_Doc Comm_Pkt_021313 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 13 Printed at 9:57 am on 2/26/13 ### [Page 14](https://sfbos.info/documents/89/2013-02-26-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 21. 130121 [Lease - Los Altos Hotel Associates, LLC - Hotel Parking and Recreation Purposes - $52,324 Annually Plus Adjustments] Sponsor: Mayor Resolution authorizing the General Manager of the Public Utilities Commission to execute a 20 year lease, for $52,324 annually with an annual increase of four percent, with Los Altos Hotel Associates, LLC, for approximately 47,916 square feet of land known as Bay Division Pipelines 3 and 4, Parcel No. 232A, located in the City of Los Altos, Santa Clara County, California, for hotel parking and recreation purposes. Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_021313 Comm_Pkt_021313 Board_Packet_022613 Question: Shall this Resolution be ADOPTED? Recommendations of the City Operations and Neighborhood Services Committee Present: Supervisors Campos, Mar, Yee 22. 120747 [Liquor License - 313 Ivy Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Angel Davis and Nguey Lay for 7682, LLC, dba Fig and Thistle, located at 313 Ivy Street (District 5), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with Business and Professions Code, Section 23958.4, with conditions. Attachments: Board_Packet_022613 Question: Shall this Resolution be ADOPTED? 23. 120998 [Liquor License - 310-320 Geary Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine public premises license to Lynne Carmichael for Eno St. Francis, LLC, dba Eno, located at 310-320 Geary Street (District 3), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with Business and Professions Code, Section 23958.4, with conditions. Attachments: Board_Packet_022613 Question: Shall this Resolution be ADOPTED? Referred from the Land Use and Economic Development Committee Without Recommendation Present: Supervisors Wiener, Kim, Chiu City and County of San Francisco Page 14 Printed at 9:57 am on 2/26/13 ### [Page 15](https://sfbos.info/documents/89/2013-02-26-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 24. 121168 [Street Encroachment - 54 Peralta Avenue] Sponsor: Chiu Resolution granting revocable permission to Aquilina Family 2001 Revocable Trust to occupy a portion of the public right-of-way to remove and reconstruct a portion of a City owned and maintained retaining wall to construct a concrete driveway ramp, with accessible transition slopes to conform to the existing sidewalk grade, that will provide vehicular access to a proposed new residence with a garage at 54 Peralta Avenue (Assessor's Block No. 5512, Lot No. 029), conditioned upon the payment of an annual assessment fee of $215; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. Attachments: Leg_Ver1 Hrg_Notice_120612 Comm_Pkt_121012 Board_Pkt_121112 Response_DPW_012313 Hrg_Notice_020113 Comm_Packet_021113 Board_Packet_022613 12/11/2012; RE-REFERRED to the Land Use and Economic Development Committee. Question: Shall this Resolution be ADOPTED? Recommendations of the Rules Committee Present: Supervisors Yee, Breed, Cohen 25. 130075 [Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor David Campos] Motion reappointing Supervisor David Campos, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? City and County of San Francisco Page 15 Printed at 9:57 am on 2/26/13 ### [Page 16](https://sfbos.info/documents/89/2013-02-26-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 26. 130076 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Scott Wiener] Motion appointing Supervisor Scott Wiener, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? Present: Supervisors Breed, Cohen 27. 130077 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Norman Yee] Motion appointing Supervisor Norman Yee, term ending January 31, 2015, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? Present: Supervisors Yee, Breed 28. 130078 [Reappointment, Association of Bay Area Governments Executive Board - Supervisor Malia Cohen] Motion reappointing Supervisor Malia Cohen, term ending June 30, 2014, to the Association of Bay Area Governments Executive Board. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? Present: Supervisors Yee, Breed, Cohen 29. 130079 [Reappointment, Bay Area Air Quality Management District - Supervisor Eric Mar] Motion reappointing Supervisor Eric Mar, term ending February 1, 2017, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Question: Shall this Motion be APPROVED? City and County of San Francisco Page 16 Printed at 9:57 am on 2/26/13 ### [Page 17](https://sfbos.info/documents/89/2013-02-26-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 30. 130080 [Reappointment, Bay Area Air Quality Management District - Supervisor John Avalos] Motion reappointing Supervisor John Avalos, term ending February 1, 2017, to the Bay Area Air Quality Management District Board of Directors. (Clerk of the Board) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? 31. 130107 [Appointment, Historic Preservation Commission - Aaron Hyland] Motion approving the Mayor's nomination for appointment of Aaron Hyland to the Historic Preservation Commission, for a term ending December 31, 2016. (Clerk of the Board) (Section 4.135 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 - January 29, 2013.) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? 32. 130108 [Reappointment, Historic Preservation Commission - Diane Matsuda] Motion approving the Mayor's nomination for reappointment of Diane Matsuda to the Historic Preservation Commission, for a term ending December 31, 2016. (Clerk of the Board) (Section 4.135 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 - January 29, 2013.) Attachments: Leg_Ver1 Comm_Packet_020713 Board_Packet_022613 Question: Shall this Motion be APPROVED? SPECIAL ORDER 3:30 P.M. - Recognition of Commendations City and County of San Francisco Page 17 Printed at 9:57 am on 2/26/13 ### [Page 18](https://sfbos.info/documents/89/2013-02-26-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 COMMITTEE REPORT 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 Rescheduled Meeting on Monday, February 25, 2013, at 10:00 a.m., to be called at Special Order 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, February 26, 2013. 33. 130019 [Planning Code, Zoning Map - Central Subway Tunnel Boring Machine Extraction Site Special Use District] Sponsor: Chiu Ordinance amending the Planning Code, by adding Section 249.70, to create the Central Subway Tunnel Boring Machine Extraction Site Special Use District for the property located at Assessor’s Block No. 0101, Lot No. 004, known as 1731-1741 Powell Street, to facilitate the removal of the tunnel boring machines used in the construction of the Central Subway Project and allow the construction of a previously approved mixed-use residential/retail building; amending Sectional Zoning Maps HT 01 and SU 01 to reflect the Central Subway Tunnel Boring Machine Extraction Site Special Use District; adopting findings, including environmental findings, and findings of consistency with the General Plan. Attachments: Leg_Ver1 Leg_Dig_Ver1 Leg_Ver2 Leg_Dig_Ver2 MTA_Res_08-150 MMRP_010413 Hrg_Notice_012913 EISEIR_Addendum_013113 Comm_Packet_021113 Response_PLN_021513 Comm_Packet_022513 130019.pdf Question: Shall this Ordinance be PASSED ON FIRST READING? 34. 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. City and County of San Francisco Page 18 Printed at 9:57 am on 2/26/13 ### [Page 19](https://sfbos.info/documents/89/2013-02-26-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 35. 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. Items 36 and 37 Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. 36. 130151 [Opposing the Indefinite Detention Provisions of the National Defense Authorization Act] Sponsors: Chiu; Avalos, Breed, Campos, Kim and Mar Resolution opposing the indefinite detention provisions of the National Defense Authorization Act, instructing public agencies to decline requests by Federal agencies acting under detention powers, urging law enforcement officials to allow detainees to due process, and requesting members of Congress to repeal the detention provisions of the Act. Attachments: Leg_Ver1 Board_Packet_022613 02/12/2013; 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 9:57 am on 2/26/13 ### [Page 20](https://sfbos.info/documents/89/2013-02-26-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 37. 130152 [UCSF Philip R. Lee Institute for Health Policy Studies Day - February 27, 2013] Sponsor: Mar Resolution commending the Philip R. Lee Institute for Health Policy Studies at the University of California, San Francisco (UCSF), and declaring February 27, 2013, as UCSF Philip R. Lee Institute for Health Policy Studies Day in the City and County of San Francisco. Attachments: Leg_Ver1 Board_Packet_022613 02/12/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 38. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is required for the resolution(s). [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor 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. Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. City and County of San Francisco Page 20 Printed at 9:57 am on 2/26/13 ### [Page 21](https://sfbos.info/documents/89/2013-02-26-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, 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. PROPOSED ORDINANCES 130131 [Administrative Code - Agricultural Inspection Fees] Ordinance amending the Administrative Code, Section 1.10, to revise registration fees for inspecting agricultural products; and making environmental findings. (Public Health Department) Attachments: Leg_Ver1 Leg_Dig_Ver1 02/08/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. 130132 [Administrative Code - Weights and Measures Fees] Ordinance amending the Administrative Code, Section 1.13-5, to revise registration fees for inspecting and testing weighing and measuring devices as provided by State law; and making environmental findings. (Public Health Department) Attachments: Leg_Ver1 Leg_Dig_Ver1 02/08/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. 130133 [Administrative Code - Public Health Solid Waste Penalties Fund] Ordinance amending the Administrative Code, by adding Section 10.100-217, to establish a fund for the deposit of civil penalties assessed by the Department of Public Health and paid by operators of solid waste facilities for violation of solid waste disposal laws; and making environmental findings. (Public Health Department) Attachments: Leg_Ver1 02/08/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. City and County of San Francisco Page 21 Printed at 9:57 am on 2/26/13 ### [Page 22](https://sfbos.info/documents/89/2013-02-26-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 130135 [Settlement of Lawsuit - Shawn and Sarah Myers - $200,000] Ordinance authorizing settlement of the lawsuit filed by Shawn and Sarah Myers against the City and County of San Francisco for $200,000; the lawsuit was filed on February 27, 2008, in United States District Court, Case No. 08-cv-1163; entitled Shawn Myers, et al., v. City and County of San Francisco, et al. (City Attorney) Attachments: Leg_Ver1 02/11/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; RECEIVED AND ASSIGNED to the Rules Committee. 130136 [Settlement of Lawsuit - Veronica Hinkley Reck - $70,000] Ordinance authorizing settlement of the lawsuit filed by Veronica Hinkley Reck against the City and County of San Francisco for $70,000; the lawsuit was filed on July 27, 2011, in Alameda Superior Court, Case No. RG-11-587571; entitled Veronica Hinkley Reck, et al. v. City and County of San Francisco, et al. (City Attorney) Attachments: Leg_Ver1 02/11/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; RECEIVED AND ASSIGNED to the Rules Committee. PROPOSED RESOLUTIONS 130110 [Street Artist Spaces - Market Street at Spear Street] Resolution approving designation of five selling spaces on Market Street, north side, at Spear Street, for Saturday use by street artists certified by the Arts Commission; exempting said spaces from the regulations of Police Code, Section 2405(c), relating to street artist display size, distance from entrances, and distance between artists’ displays. (Arts Commission) Attachments: Leg_Ver1 Support1_Doc Support2_Doc 02/11/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; RECEIVED AND ASSIGNED to the Land Use and Economic Development Committee. 130137 [Settlement of Unlitigated Claim - SF Works - $110,000] Resolution approving the settlement of the unlitigated claim filed by the City and County of San Francisco against SF Works for $110,000. (City Attorney) Attachments: Leg_Ver1 02/11/2013; RECEIVED FROM DEPARTMENT. 02/26/2013; RECEIVED AND ASSIGNED to the Rules Committee. City and County of San Francisco Page 22 Printed at 9:57 am on 2/26/13 ### [Page 23](https://sfbos.info/documents/89/2013-02-26-agenda#page-23) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 130149 [Petitions and Communications] Petitions and Communications received from February 4, 2013, through February 15, 2013, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on February 26, 2013. 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 Clerk of the Board, reporting the following individuals have submitted a Form 700 Statement: (1) Jason Fried - LAFCo - Annual Stephanie Tucker - Legislative Aide - Leaving Christina Olague - Supervisor, LAFCo - Leaving Daniel Yadegar - Legislative Aide - Assuming From Department of Public Works, submitting Notice of Tentative Approval of Wireless Service Facility Site Permit. Copy: Each Supervisor, Clerk of the Board. (2) From Department of Public Works, submitting Branch Library Improvement Program, Quarterly Report. (3) *From Department of Public Health, submitting Annual 2012 Title XV Evaluation Reports for each of the San Francisco detention facilities. Copy: Each Supervisor. (4) *From Department of Public Health, submitting 2013 Certified Farmers’ Market Assessment. Copy: Each Supervisor. (5) From Department of Human Services, concerning the Human Services Agency’s FY2012-2013 Saving Projections and FY2013-2014 Annual Projections for the Human Services Care Fund. Copy: Each Supervisor. (6) *From Office of the Controller, submitting San Francisco Municipal Transportation Agency: Overhead Rates of Ten Central Subway Project Consultants Must Be Reduced report. Copy: Each Supervisor. (7) From Office of the Controller, submitting Government Barometer: Quarter 2, FY2013 report. Copy: Each Supervisor. (8) From Maria D’Agostino, resigning as member and Chair of the Urban Forestry Council. Copy: Each Supervisor, Clerk of the Board, Rules Committee Clerk. (9) From Public Library, submitting Annual Report on Gifts Received up to $10,000.00. Copy: Each Supervisor, Clerk of the Board. (10) From Public Library, submitting notice of cancellation of the Library Commission meeting on February 21, 2013. (11) From Sue Vaughan, regarding car share spaces. Copy: Each Supervisor. File No. 120900. (12) From William F. Sherry, regarding the SFO Airport Advertising Lease. File No. 130072. Copy: Each Supervisor, Budget and Finance Committee Clerk. (13) From Controller’s Office of Public Finance, concerning Moody’s Investors Service Upgrades. (14) City and County of San Francisco Page 23 Printed at 9:57 am on 2/26/13 ### [Page 24](https://sfbos.info/documents/89/2013-02-26-agenda#page-24) Board of Supervisors Meeting Agenda Tuesday, February 26, 2013 From Department of Public Health, submitting request for waiver of Administrative Code Chapter 12B and 14B for Curascript Specialty Distribution. (15) From Chris Geiger, submitting UCSF Mount Sutro Management Plan Public Hearing notice. (16) From Treasurer and Tax Collector, submitting the CCSF Investment Report for January, 2013. Copy: Each Supervisor. (17) From concerned citizens, concerning the Local Business Enterprise program. File No. 121105. 2 letters. Copy: Each Supervisor. (18) From concerned citizens, regarding the proposed soft-story seismic retrofit ordinance. File No. 130119. 4 letters. Copy: Each Supervisor. (19) From Lee Goodin, regarding the Central Subway project. File No. 130019. Copy: Each Supervisor, Land Use Committee Clerk. (20) From Ray Hartz, Jr., concerning Friends of the Library. Copy: Each Supervisor. (21) From James Chaffee, concerning Library Commissioner appointments. Copy: Each Supervisor. (22) From concerned citizens, regarding Woodhouse on Marina Green. File No. 120987. 3 letters. Copy: Each Supervisor. (23) From concerned citizens, regarding Supervisor Scott Weiner. Copy: Each Supervisor. 2 letters. (24) From John Stretch, regarding Bay Bridge east span celebrations. (25) From Sharon Thorpe, concerning Laura’s Law. Copy: Each Supervisor. (26) From Roland Salvato, concerning America’s Cup. Copy: Each Supervisor. (27) From Barbara Berwick, concerning non-violent parenting and assertive communication. Copy: Each Supervisor, Youth Commission. (28) From Jan Stephens, concerning Charlie the Dog. Copy: Each Supervisor. (29) From Allen Jones, concerning renaming San Francisco International Airport. Copy: Each Supervisor, Rules Committee Clerk. File No. 130037. (30) From Jennifer Roddickgillis, expressing various concerns. (31) From a concerned citizen, regarding plastic shopping bags. Copy: Each Supervisor. (32) *(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 City and County of San Francisco Page 24 Printed at 9:57 am on 2/26/13