# Board of Supervisors Agenda: April 2, 2013 - Meeting date: 2013-04-02 - Document type: agenda - Pages in official PDF: 21 - [Canonical HTML transcript](https://sfbos.info/documents/99/2013-04-02-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=233895&GUID=99A664FB-BCCF-44FC-B702-54136B2A1F77) > 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/99/2013-04-02-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, April 2, 2013 - 2:00 PM Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, LONDON BREED, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, KATY TANG, 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, Breed, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Farrell, Mar, Avalos 10:00 AM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza, Norton, Wynns 3:30 PM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Cohen, Tang, Campos 10:00 AM Land Use and Economic Development Committee Monday Supervisors Wiener, Kim, Chiu 1:30 PM Neighborhood Services and 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/99/2013-04-02-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/99/2013-04-02-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/99/2013-04-02-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 ROLL CALL AND PLEDGE OF ALLEGIANCE AGENDA CHANGES APPROVAL OF MEETING MINUTES Approval of the February 26, 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. Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated. Items 1 through 7 Recommendations of the Land Use and Economic Development Committee Present: Supervisors Wiener, Kim, Chiu City and County of San Francisco Page 4 Printed at 9:22 am on 4/2/13 ### [Page 5](https://sfbos.info/documents/99/2013-04-02-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 1. 121104 [Planning Code - Landmark Designation - 320-326 Judah Street (the Doelger Building)] Sponsor: Wiener Ordinance designating 320-326 Judah Street (the Doelger Building), Assessor’s Block No. 1763, Lot Nos. 020 and 021, as a Landmark under Planning Code, Article 10; and adopting General Plan, Planning Code, Section 101.1, and environmental findings. Attachments: Leg_Ver1 Leg_Dig_Ver1 Comm_Packet_031813 Board_Packet_032613 Board_Packet_040213 03/26/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 9:22 am on 4/2/13 ### [Page 6](https://sfbos.info/documents/99/2013-04-02-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 2. 121162 [Planning Code - Inclusionary Affordable Housing Program, Updates, and Clarifications] Sponsor: Mayor Ordinance amending the Planning Code, Section 401, and provisions of the Inclusionary Affordable Housing Ordinance, Sections 415 et seq., to update and clarify provisions of the Inclusionary Affordable Housing Program (Program) by reducing certain on-site requirements under Charter, Section 16.110; providing a cap on rent increases; clarifying the timing of off-site developments; requiring rental units that convert to ownership to sell at less than the price for ownership units under certain circumstance; establishing pricing for affordable Single Room Occupancy units; changing the status of projects using California Debt Limit Allocation Committee tax exempt bonds so that such projects are subject to the Program, but that units may qualify as on- or off-site units under certain circumstances; allowing income levels of qualifying households to exceed those specified in certain situations; clarifying that the threshold application of the Program to projects of 10 units or more applies to the South of Market Youth and Family Special Use District and all other areas of the City; making technical clarifications and corrections; and making environmental findings and findings of consistency with the General Plan. Attachments: Leg_Ver1 Leg_Dig_Ver1 Response_PLN_120612 Response_PLN_122012 Leg_Ver2 Leg_Dig_Ver2 Comm_Packet_032513 Response_PLN_032513 Leg_Ver3 Board_Packet_032613 bag040213_121162 03/26/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 6 Printed at 9:22 am on 4/2/13 ### [Page 7](https://sfbos.info/documents/99/2013-04-02-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 3. 130042 [Planning Code - Medical Service Use - Sacramento Neighborhood Commercial District] Sponsor: Farrell Ordinance amending the Planning Code, Section 724.1, and related portions of Table 724, to permit a change of use from a business or professional service use to medical service use on the first floor or below in the Sacramento Neighborhood Commercial District; and making environmental findings, Planning Code, Section 101.1, findings, and findings of consistency with the General Plan. Attachments: Leg_Ver1 Leg_Dig_Ver1.doc Response_PLN_012213 Response_SBC_022013 Response_PLN_031113 Comm_Packet_031813 Leg_Ver2 Board_Packet_032613 Board_Packet_040213 03/26/2013; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 4. 121084 [Freeway Agreement - California Department of Transportation - State Highway Route 101, South Van Ness Avenue to Golden Gate Avenue] Resolution adopting a freeway agreement with the California Department of Transportation (Caltrans) for a portion of State Highway Route 101 from South Van Ness Avenue to Golden Gate Avenue; and authorizing official acts related thereto. (Public Works Department) Attachments: Leg_Ver1 Response_PLN_120612 Comm_Packet_032513 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 9:22 am on 4/2/13 ### [Page 8](https://sfbos.info/documents/99/2013-04-02-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 Recommendations of the Rules Committee Present: Supervisors Yee, Breed, Cohen 5. 130144 [Appointments, Citizens' General Obligation Bond Oversight Committee - Minneola Ingersoll and Jonathan Alloy] Motion appointing Minneola Ingersoll and Jonathan Alloy, terms ending November 21, 2014, to the Citizens' General Obligation Bond Oversight Committee. (Clerk of the Board) Attachments: Comm_Pkt_032113 Leg_Ver2 Board_Packet_040213 Question: Shall this Motion be APPROVED? 6. 130145 [Appointment, Lesbian, Gay, Bisexual, and Transgender (LGBT) Seniors Task Force - Moli Steinert] Motion appointing Moli Steinert, for an indefinite term, to the Lesbian, Gay, Bisexual, and Transgender (LGBT) Seniors Task Force. (Clerk of the Board) Attachments: Comm_Pkt_032113 Leg_Ver2 Board_Packet_040213 Question: Shall this Motion be APPROVED? 7. 130250 [Appointments, Urban Forestry Council - John Hillan, Dan Flanagan, Sandy Sherwin, William Brock Most, and Rose Hillson] Motion appointing John Hillan, Dan Flanagan, Sandy Sherwin, William Brock Most, and Rose Hillson, terms ending November 18, 2014, to the Urban Forestry Council. (Clerk of the Board) Attachments: Comm_Pkt_032113 Leg_Ver2 Board_Packet_040213 Question: Shall this Motion be APPROVED? REGULAR AGENDA UNFINISHED BUSINESS There were no items. City and County of San Francisco Page 8 Printed at 9:22 am on 4/2/13 ### [Page 9](https://sfbos.info/documents/99/2013-04-02-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Farrell, Mar, Avalos, Breed, Wiener 8. 130185 [Appropriating $656,958 of General Fund Reserve to the Public Defender for Salary Expenditures - FY2012-2013] Sponsors: Campos; Avalos and Mar Ordinance appropriating $656,958 from the General Fund Reserve to the Public Defender for salary expenditures in FY2012-2013, pursuant to Charter Section 9.113, this appropriation is subject to a two-thirds affirmative vote of all members of the Board of Supervisors. (Fiscal Impact) (Supervisors Farrell and Wiener dissented in Committee.) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_032713 Comm_Pkt_032713 Board_Packet_040213 Leg_Ver2 Question: Shall this Ordinance be PASSED ON FIRST READING? Present: Supervisors Farrell, Avalos, Breed, Wiener 9. 130229 [5-Year Financial Plan - FY2013-2014 through FY2017-2018] Sponsors: Mayor; Farrell and Chiu Resolution adopting the City’s 5-Year Financial Plan for FY2013-2014 through FY2017-2018 pursuant to Charter, Section 9.119. Attachments: Leg_Ver1 Comm_Pkt_032713 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? Recommendations of the Budget and Finance Sub-Committee Present: Supervisors Farrell, Avalos City and County of San Francisco Page 9 Printed at 9:22 am on 4/2/13 ### [Page 10](https://sfbos.info/documents/99/2013-04-02-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 10. 130177 [Multifamily Housing Revenue Bonds - Broadway Sansome Apartments - Not to Exceed $23,900,000] Sponsor: Chiu Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $23,900,000 for the purpose of providing financing for the acquisition and construction of a 75-unit multifamily rental housing project known as Broadway Sansome Apartments; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the forms of and authorizing the execution of certain loan documents; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_032713 Comm_Pkt_032713 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? 11. 130234 [Ground Lease Amendment - 255 Broadway] Sponsor: Chiu Resolution approving and authorizing the Mayor’s Office of Housing, as Successor Housing Agency to the Redevelopment Agency, to amend an existing term ground lease with Broadway Sansome Associates, L.P., a California limited partnership, for the development and operation of affordable housing on certain real property located at 255 Broadway and making findings that the amendments are in conformance with California Environmental Quality Act, the City’s General Plan, and the priority policies of Planning Code, Section 101.1. Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_032713 Comm_Pkt_032713 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 9:22 am on 4/2/13 ### [Page 11](https://sfbos.info/documents/99/2013-04-02-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 12. 130254 [Lease Financing for Improvements - Moscone Convention Center] Sponsor: Kim Resolution providing for the sale of certificates of participation evidencing undivided, proportionate interests in the right to receive certain rental payments to be made by the City and County of San Francisco under a Lease Agreement to finance capital projects at the Moscone Convention Center; providing for the sale of the Certificates by competitive sale; approving the form and publication of an Official Notice of Sale and a Notice of Intention to Sell the Certificates; approving the form of a Preliminary Official Statement and the form and execution of an Official Statement relating to the sale of the Certificates; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the execution, sale, and delivery of the Certificates; approving modifications to documents; and ratifying previous actions taken in connection therewith. (Fiscal Impact) Attachments: Leg_Ver1 Comm_Pkt_032713 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? Present: Supervisors Farrell, Mar, Avalos 13. 130227 [Lease - Van Ness Post Center, LLC - Law Library - 1200 Van Ness Avenue] Sponsor: Mayor Resolution finding that 20,000 net rentable square feet is suitable and sufficient for the Law Library; authorizing the Director of Property to enter into a lease with Van Ness Post Center, LLC, for the Law Library at 1200 Van Ness Avenue; finding that the proposed relocation of the Law Library to such space is in conformance with the City’s General Plan and the priority policies of Planning Code Section 101.1; and authorizing the Director of Property to find alternative comparable space if a lease with Van Ness Post Center, LLC, cannot be finalized. (Fiscal Impact) Attachments: Leg_Ver1 Bdgt_Analyst_Rpt_032713 Comm_Pkt_032713 Board_Packet_040213 Leg_Ver2 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 11 Printed at 9:22 am on 4/2/13 ### [Page 12](https://sfbos.info/documents/99/2013-04-02-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 Recommendations of the Land Use and Economic Development Committee Present: Supervisors Wiener, Kim, Chiu 14. 121004 [Planning Code - Market Street Masonry Historic District] Sponsors: Kim; Breed Ordinance amending the Planning Code, by adding a new Appendix M to Article 10 (Preservation of Historical, Architectural, and Aesthetic Landmarks), to create the Market Street Masonry Historic District, a discontiguous landmark historic district; and making findings, including environmental findings, and findings of consistency with the General Plan, and Planning Code, Section 101.1(b). Attachments: Leg_Ver1 Leg_Dig_Ver1 Hrg_Notice_031313 Comm_Packet_032513 Board_Packet_040213 Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 12 Printed at 9:22 am on 4/2/13 ### [Page 13](https://sfbos.info/documents/99/2013-04-02-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 15. 130119 [Building Code - Mandatory Seismic Retrofit Program - Wood-Frame Buildings; Optional Evaluation Form Fee] Sponsors: Mayor; Chiu, Wiener, Yee, Farrell, Breed, Mar and Tang Ordinance amending the Building Code to establish a Mandatory Seismic Retrofit Program for wood-frame buildings of three or more stories or two stories over a basement or underfloor area that has any portion extending above grade, and containing five or more dwelling units where the permit to construct was applied for prior to January 1, 1978, and the building has not been seismically strengthened; establishing a fee for administering the program; adopting environmental findings and findings of local conditions under California Health and Safety Code, Section 17958.7; establishing an operative date; and directing the Clerk of the Board to forward the legislation to specified State agencies. Attachments: Leg_Ver1 Leg_Dig_Ver1 Response_BIC_022113 Response_PLN_022513 Fee_Ad_022613 Leg_Ver2 Leg_Dig_Ver2 Comm_Packet_031813 Econ_Impact_031513 Comm_Packet_032513 Leg_Ver3 Board_Packet_040213 Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Neighborhood Services and Safety Committee Present: Supervisors Campos, Mar, Yee 16. 121159 [Liquor License - 34 Mason Street] Resolution determining that the issuance of Type 42 on-sale beer and wine license to Mark E. Rennie for Good Oel, Inc., dba The Beer Cafe, located at 34 Mason Street (District 6), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Attachments: Comm_Packet_032113 Leg_Ver2 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 13 Printed at 9:22 am on 4/2/13 ### [Page 14](https://sfbos.info/documents/99/2013-04-02-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 17. 130033 [Liquor License - 555 Howard Street, #102] Resolution determining that the issuance of Type 42 on-sale beer and wine license to Steven Chen for SharChen Golf, Inc., dba Eagle Club Indoor Golf, located at 555 Howard Street (District 6), will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Attachments: Comm_Packet_032113 Leg_Ver2 Board_Packet_040213 Question: Shall this Resolution be ADOPTED? Recommendation of the Rules Committee Present: Supervisors Yee, Breed, Cohen 18. 130249 [Appointments, Mental Health Board - Errol Wishom, Melody Daniel, Ellis Joseph, Lena Miller, and Marlene Flores] Motion appointing Errol Wishom, term ending January 31, 2015, and Melody Daniel, Ellis Joseph, Lena Miller, and Marlene Flores, terms ending January 31, 2016, to the Mental Health Board. (Clerk of the Board) (Supervisor Breed dissented in Committee on appointment of Marlene Flores, Seat 16.) Attachments: Comm_Pkt_032113 Leg_Ver1 Board_Packet_040213 Question: Shall this Motion be APPROVED? SPECIAL ORDER 2:30 P.M. - Recognition of Commendations 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 Regular Meeting on Monday, April 1, 2013, 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, April 2, 2013. City and County of San Francisco Page 14 Printed at 9:22 am on 4/2/13 ### [Page 15](https://sfbos.info/documents/99/2013-04-02-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 19. 130018 [Planning Code - Deleting the Sunset Provision of the Excelsior Alcohol Restricted Use District] Sponsor: Avalos Ordinance amending the Planning Code, Section 785, to delete the sunset provision of the Excelsior Alcohol Restricted Use District; and making findings, including environmental 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_SFPD_012413 Response_PLN_012413 Response_PLN_032213 Response_SBC_032813 Comm_Packet_040113 Board_Packet_040213 Question: Shall this Ordinance be PASSED ON FIRST READING? 20. 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. 21. 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. City and County of San Francisco Page 15 Printed at 9:22 am on 4/2/13 ### [Page 16](https://sfbos.info/documents/99/2013-04-02-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. Items 22 and 23 22. 130288 [Supporting San Francisco Applicants for the Deferred Action for Childhood Arrivals Program] Sponsors: Chiu; Campos, Yee, Wiener, Cohen, Mar, Kim and Avalos Resolution urging the San Francisco Unified School District to coordinate efforts with City Departments to support student participation in the Deferred Action for Childhood Arrivals Program and create a centralized system to facilitate transcript requests and enrollment history verification for undocumented students and transitional aged youth. Attachments: Leg_Ver1 Board_Packet_040213 03/26/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 23. 130289 [Accept and Expend Grant - Beach Water Quality and Monitoring - $25,000] Sponsor: Tang Resolution authorizing the Department of Public Health to accept and expend retroactively a grant in the amount of $25,000 from the State Water Resource Control Board to participate in a program entitled “Beach Water Quality and Monitoring” for the period of October 1, 2012, through September 30, 2013, waiving indirect costs. Attachments: Leg_Ver1 Grant_App Board_Packet_040213 03/26/2013; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 24. 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. City and County of San Francisco Page 16 Printed at 9:22 am on 4/2/13 ### [Page 17](https://sfbos.info/documents/99/2013-04-02-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 [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 17 Printed at 9:22 am on 4/2/13 ### [Page 18](https://sfbos.info/documents/99/2013-04-02-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, April 2, 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 130278 [Settlement of Lawsuit - Dadario v. CCSF - $72,500] Ordinance authorizing settlement of the lawsuit filed by Marlene Dadario against the City and County of San Francisco for $72,500; the lawsuit was filed on April 26, 2011, in San Francisco Superior Court, Case No. CGC-11-510516; entitled Marlene Dadario v. City and County of San Francisco, et al. (City Attorney's Office) Attachments: Leg_Ver1 03/25/2013; RECEIVED FROM DEPARTMENT. 04/02/2013; RECEIVED AND ASSIGNED to the Rules Committee. 130279 [Settlement of Lawsuit - Willis v. CCSF, et al. - $210,000] Ordinance authorizing settlement of the lawsuit filed by Thomas Willis against the City and County of San Francisco for $210,000; the lawsuit was filed on January 13, 2012, in United States District Court, Northern District of California, Case No. CV 12-0231 JSW; entitled Thomas Willis v. City and County of San Francisco, et al. (City Attorney's Office) Attachments: Leg_Ver1 03/25/2013; RECEIVED FROM DEPARTMENT. 04/02/2013; RECEIVED AND ASSIGNED to the Rules Committee. PROPOSED RESOLUTIONS 130273 [Accept In Kind Gift - Technical Assistance - $250,000] Resolution authorizing the Office of the District Attorney to retroactively accept an in kind gift of technical assistance valued at $250,000 from the Open Society Foundation for the grant period of January 1, 2013, through June 30, 2015. Attachments: Leg_Ver1 Grant_Info Grant _Bdgt Propo_Title_010113_123113 Propo_Title_010113_063015 MOU 03/19/2013; RECEIVED FROM DEPARTMENT. 04/02/2013; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee. City and County of San Francisco Page 18 Printed at 9:22 am on 4/2/13 ### [Page 19](https://sfbos.info/documents/99/2013-04-02-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 130274 [Accept Gift - Design Services and Furniture - $26,445.43] Resolution authorizing the Office of the District Attorney to retroactively accept a gift of design services and furniture, valued at a total of $26,445.43 from various donors. (District Attorney) Attachments: Leg_Ver1 Memo_Donations 03/25/2013; RECEIVED FROM DEPARTMENT. 04/02/2013; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee. 130277 [Agreement - Engineered Arresting Systems Corporation - Not to Exceed $40,000,000] Resolution authorizing the Office of Contract Administration and Purchaser to enter into the Agreement between the Airport Commission and Engineered Arresting Systems Corporation for the not to exceed amount of $40,000,000 for the purchase of an Engineered Material Arresting System for the San Francisco International Airport Runway Safety Area Program. (Airport Commission) Attachments: Leg_Ver1 Sole_Source_Waiver Fact_Sheet Reso_12_0267 Memo_121812 Form_126 Contract_Ver1 03/19/2013; RECEIVED FROM DEPARTMENT. 04/02/2013; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee. City and County of San Francisco Page 19 Printed at 9:22 am on 4/2/13 ### [Page 20](https://sfbos.info/documents/99/2013-04-02-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 130281 [Petitions and Communications] Petitions and Communications received from March 18, 2013, through March 25, 2013, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on April 2, 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) Mark Farrell - Supervisor - Annual David Snyder - SOTF - Leaving James Knoebber - SOTF - Leaving Chris Hyland - SOTF - Annual Margaux Kelly - Legislative Aide - Annual Catherine Stefani - Legislative Aide - Annual From Western States Oil, regarding the City Fuels contract. Copy: Each Supervisor. (2) From concerned citizens, regarding support for Mandatory Seismic Retrofit Program. File No. 130119. Copy: Each Supervisor, Land Use Committee Clerk. 8 letters. (3) From Former Mayor Ken Bukowski, City of Emeryville, regarding funding the new California economy. (4) From Clerk of the Board, submitting copy of memorandum sent to the Board of Supervisors regarding the following appointments by the Mayor. (5) Teresa Ono, Library Commission Diane B. Wilsey, War Memorial Board of Trustees Charlotte Mailliard Shultz, War Memorial Board of Trustees Neil Sims, Commission on Aging and Adult Services From the Mayor, submitting notice of appointments. (6) Annie Wong, Juvenile Probation Commission Simon J. Frankel, Arts Commission Marcus Shelby, Arts Commission From Sandra Huacuja-Presser, regarding the Sharp Park Wetlands. (7) From Bob and Lynn Jacklevich, regarding 2013 Statewide CERT Conference. Copy: Each Supervisor. (8) From Fannie Yeung, San Francisco Police Department, regarding Grant Budget Revision. Copy: Each Supervisor, Clerk of the Board. (9) From Public Utilities Revenue Bond Oversight Committee, regarding 2012 Annual Report. Copy: Each Supervisor, Clerk of the Board. (10) From David Lee, regarding complaint about increase in garbage bill. (11) From Arthur Bierman, regarding Sutro Forest. (12) From Mental Health Board, regarding Sutter-California Pacific Medical Center. (13) From Jena Davis, regarding conversion from Tenancy In Common to condos. (14) From San Francisco International Airport, regarding concession opportunities. (15) City and County of San Francisco Page 20 Printed at 9:22 am on 4/2/13 ### [Page 21](https://sfbos.info/documents/99/2013-04-02-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, April 2, 2013 From concerned citizens, regarding Central Subway. File No. 130019. Copy: Each Supervisor. 3 letters. (16) From concerned citizens, regarding Mel Murphy, Port Commission. File No. 130115. (17) *(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 21 Printed at 9:22 am on 4/2/13