# Board of Supervisors Minutes: November 3, 2009

- Meeting date: 2009-11-03
- Document type: minutes
- Source format: PDF
- Extracted pages: 21
- [Canonical HTML transcript](https://sfbos.info/documents/1952/2009-11-03-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m110309.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 091094: Approving agreements for procurement, installation and implementation of San Francisco Public Utilities Commission Advanced Meter Infrastructure System

- Pages: 2-3

### File 091169: Accept and Expend Federal Grant - Police Department - $16,562,750

- Pages: 3
- Sponsors: Mayor

### File 091164: Accept and Expend Grant - Department of Public Health - $282,150

- Pages: 3
- Sponsors: Chu

### File 091170: Accept and Expend State Grant - Urban Auto Fraud Interdiction Program - $250,000

- Pages: 3
- Sponsors: Chiu

### File 091172: Accept and Expend Federal Grant - Back on Track Re-entry Program Infrastructure and Replication Grant - $400,000

- Pages: 3-4
- Sponsors: Chiu

### File 090780: Revisions to Division I of the San Francisco Transportation Code

- Pages: 4

### File 090523: Eastern Neighborhoods Citizens Advisory Committee

- Pages: 4
- Sponsors: Daly; Campos

### File 090833: Lobbyist Ordinance Amendments

- Pages: 4-5
- Sponsors: Chiu
- Vote 1: final-passage, likely final
  - Action: 090833 [Lobbyist Ordinance Amendments] Sponsor: Chiu Ordinance amending Chapter I of Article II of the Campaign and Governmental Conduct Code by amending Sections 2.100, 2.105, 2.110, 2.115, 2.117, 2.130, 2.135, 2.140, 2.145 and 2.150, adding Section 2.116, and deleting Sections 2.125 and 2.160, to simplify registration requirements, adopt a more equitable fee structure, ease electronic filing of lobbyist disclosures, and establish an effective date for these amendments. Ordinance No. 235-09 FINALLY PASSED The foregoing items were acted upon by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091161: Approving Issuance of a Request for Proposals for CleanPowerSF

- Pages: 5
- Sponsors: Mirkarimi; Mar, Campos and Dufty
- Vote 1: final-passage, likely final
  - Action: 091161 [Approving Issuance of a Request for Proposals for CleanPowerSF] Sponsors: Mirkarimi; Mar, Campos and Dufty Ordinance approving issuance of a Request for Proposals for Community Choice Aggregation (CCA) Services for the San Francisco CCA program, commonly known as CleanPowerSF. Ordinance No. 232-09 Supevisor Dufty requested to be added as a co-sponsor. FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091254: Adopting Findings Reversing the Exemption Determination for the 430 Main Street/429 Beale Street Project

- Pages: 5-6
- Vote 1: amendment
  - Action: 091254 [Adopting Findings Reversing the Exemption Determination for the 430 Main Street/429 Beale Street Project] Motion adopting findings reversing the exemption determination by the Planning Department that the 430 Main Street/429 Beale Street project is exempt from further environmental review. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED, on Page 2, Line 7, replacing "aare" with "are". The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: approval, likely final
  - Action: Motion No. M09-178 Supervisor Daly requested to be added as sponsor. APPROVED AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 090931: Rental Subsidy Program for Low-Income Families

- Pages: 6
- Sponsors: Avalos; Campos, Mar, Mirkarimi and Dufty
- Vote 1: final-passage, likely final
  - Action: 090931 [Rental Subsidy Program for Low-Income Families] Sponsors: Avalos; Campos, Mar, Mirkarimi and Dufty Ordinance adding Sections 48.1 through 48.7 to the San Francisco Administrative Code creating the Rental Subsidy Program for Low-Income Families that establishes a need-based local housing subsidy for homeless families subject to the fiscal and budgetary provisions of the Charter. Ordinance No. 229-09 Supervisor Dufty requested to be added as a co-sponsor. FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 090989: Campaign Finance Reform Ordinance amendments

- Pages: 6-7
- Sponsors: Daly; Campos
- Vote 1: final-passage, likely final
  - Action: e amendments] Sponsors: Daly; Campos Ordinance amending Article I, Chapter I of the Campaign & Governmental Conduct Code by amending sections 1.100, 1.104, 1.107, 1.108, 1.112, 1.113, 1.114, 1.118, 1.122, 1.128, 1.130, 1.134, 1.135, 1.136, 1.140, 1.142, 1.144, 1.146, 1.148, 1.150, 1.152, 1.156, 1.161, 1.161.5, 1.168, 1.170, deleting sections 1.134.5, 1.158, and 1.160, and adding sections 1.109, 1.143, 1.171, and 1.175 to refine and conform definitions; to eliminate and streamline reporting requirements; to authorize greater electronic filing; to adjust expenditure ceilings for inflation; to clarify the permissible uses of campaign funds; to provide that certain candidates are eligible to accept Voluntary Expenditure Ceilings; to set forth the instances in which the Ethics Commission will lift Voluntary Expenditure Ceilings; to modify how public funds are disbursed to eligible candidates; to clarify the requirements for third-party reporting; to amend the statute of limitations for administrative actions; and to impose record retention requirements on local committees. Ordinance No. 234-09 Supervisor Campos requested to be added as a co-sponsor. FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091166: Approval of Management and Operations Agreement for the Cable Car Museum

- Pages: 7
- Sponsors: Chiu
- Vote 1: adoption, likely final
  - Action: 091166 [Approval of Management and Operations Agreement for the Cable Car Museum] Sponsor: Chiu Resolution approving Municipal Transportation Agency Management and Operations Agreement with the Friends of the Cable Car Inc., for the Cable Car Museum for a term of ten years with two five-year options to extend the term. Resolution No. 432-09 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091178: Approval of Lease for Pier 15 and a portion of Pier 17, related Parking Agreement and Licenses

- Pages: 7
- Sponsors: Mayor; Chiu and Alioto-Pier
- Vote 1: adoption, likely final
  - Action: 091178 [Approval of Lease for Pier 15 and a portion of Pier 17, related Parking Agreement and Licenses] Sponsors: Mayor; Chiu and Alioto-Pier Resolution approving and authorizing a 66-year Lease of Pier 15 and a portion of Pier 17 and a related Parking Agreement at Seawall Lot 321, two Curb Indent Licenses in front of Piers 15 and 17 and a Curb Space License at Green Street between the Exploratorium and the City and County of San Francisco acting by and through the San Francisco Port Commission. (Fiscal Impact.) Resolution No. 430-09 Supervisor Alioto-Pier requested to be added as a co-sponsor. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091179: CEQA Findings in Connection with the Exploratorium Relocation Project

- Pages: 7-8
- Sponsors: Mayor; Chiu and Dufty
- Vote 1: adoption, likely final
  - Action: 091179 [CEQA Findings in Connection with the Exploratorium Relocation Project] Sponsors: Mayor; Chiu and Dufty Resolution adopting findings pursuant to the California Environmental Quality Act (CEQA) and Administrative Code Chapter 31 in connection with the Exploratorium Relocation Project proposed to be located on Pier 15 and a portion of Pier 17 in the Port of San Francisco, City and County of San Francisco. Resolution No. 431-09 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 080323: Place of Entertainment Permits and Board of Appeals Procedures

- Pages: 8
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: first-reading
  - Action: ertainment Permits and Board of Appeals Procedures] Sponsors: Mayor; Dufty, Chiu and Campos Ordinance amending the San Francisco Police Code by amending Sections 2.26, 1060, 1060.1, 1060.2, 1060.3, 1060.5, 1060.24, 1060.25 and 1060.29, by adding Sections 1060.20.1, 1060.20.2, 1060.20.3, 1060.20.4, 1060.24.1, 1060.24.2, 1060.29.1, 1060.30, 1060.31, 1060.32, 1060.33, 1060.34, 1060.35, 1060.36, and 1060.37, by repealing Sections 1060.4, 1060.20, and 1060.22, and by adding new Sections 1060.4 and 1060.20, relating to the application, approval, amendment, suspension, revocation, and transfer of Place of Entertainment Permits and One Night Event Permits (now called "One Time Event Permits"), including changes in penalties, and amending the San Francisco Business and Tax Regulations Code by amending Sections 8 and 26 to provide the time for appealing to the Board of Appeals, to provide an additional category of permit suspension and revocation actions that are not suspended pending a decision by the Board of Appeals, and to clarify the standards governing the review of permits. Supervisors Chiu and Campos requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 080324: Extended-Hours Premises Permits

- Pages: 8-9
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: amendment
  - Action: 080324 [Extended-Hours Premises Permits] Sponsors: Mayor; Dufty, Chiu and Campos Ordinance amending the San Francisco Police Code by amending Sections 1070, 1070.1, 1070.2, 1070.3, 1070.5, 1070.7, 1070.8, 1070.19, 1070.22, and 1070.24, by adding Sections 1017.17.1, 1017.17.2, 1017,17.3, 1070.28, 1070.29, 1070.30, 1070.31, 1070.32, 1070.33, 1070.34, 1070.35, and 1070.36; by repealing Sections 1070.4, 1070.17, 1070.20, 1070.20-1, 1070.21, and 1070.26; and by adding new Sections 1070.4, 1070.17, and 1070.20, relating to the application, approval, amendment, suspension, revocation, and transfer of Extended-Hours Premises Permits, including changes in penalties. Supervisors Chiu and Campos requested to be added as co-sponsors. Supervisor Daly moved to divide the question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours Premises Permits" located on Page 41, Line 17, through Page 44, Line 18. The question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours Premises Permits" PASSED as divided by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS DIVIDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 091039: Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats

- Pages: 9
- Sponsors: Mirkarimi; Campos, Avalos and Maxwell
- Vote 1: first-reading
  - Action: 091039 [Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats] Sponsors: Mirkarimi; Campos, Avalos and Maxwell Ordinance amending the San Francisco Health Code by adding Section 45 to prohibit onychectomy (declawing) and tendonectomy procedures on cats except when necessary for a therapeutic purpose. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Elsbernd

### File 091112: Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco Wholesale Produce Market

- Pages: 9
- Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar
- Vote 1: adoption, likely final
  - Action: 091112 [Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco Wholesale Produce Market] Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar Resolution adopting finding that the retention and expansion of the San Francisco Wholesale Produce Market are fiscally feasible pursuant to Administrative Code Chapter 29. (Fiscal Impact.) Resolution No. 434-09 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091118: Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District”

- Pages: 9
- Sponsors: Mirkarimi; Campos
- Vote 1: adoption, likely final
  - Action: 091118 [Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District”] Sponsors: Mirkarimi; Campos Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District. Resolution No. 435-09 Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091119: Board response to the 2008-2009 Civil Grand Jury Report entitled “Being Propositioned By The San Francisco Unified School District”

- Pages: 9-10
- Sponsors: Mirkarimi
- Vote 1: amendment
  - Action: 091119 [Board response to the 2008-2009 Civil Grand Jury Report entitled “Being Propositioned By The San Francisco Unified School District”] Sponsor: Mirkarimi Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "Being Propositioned By The San Francisco Unified School District," and urging the SFUSD to cause the implementation of accepted recommendations. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, on Page 2, Line 17, replacing "3" with "4". The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: adoption, likely final
  - Action: City and County of San Francisco Page 864 Printed at 1:43 pm on 1/6/10 Board of Supervisors Meeting Minutes Tuesday, November 3, 2009 Resolution No. 436-09 Supervisor Campos requested to be added as a co-sponsor. ADOPTED AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091255: Declaring November 8th to November 14th, 2009, Radiology Week in San Francisco

- Pages: 11
- Sponsors: Dufty; Campos

### File 091256: Celebrating the Cliff House on its Centennial of the 1909 building

- Pages: 11
- Sponsors: Mar; Alioto-Pier and Campos

### File 091257: Approval of Additional Emergency Work at Midtown Park Apartments

- Pages: 11
- Sponsors: Mirkarimi

### File 091258: Proclaiming November 5, 2009, as Elaine Mikels Day

- Pages: 11-12
- Sponsors: Chiu; Campos

### File 091259: Approval of a 30 day extension for Planning Commission review.

- Pages: 12
- Sponsors: Chiu

### File 091239: Final Map - 748 Innes Avenue

- Pages: 12
- Vote 1: approval, likely final
  - Action: 091239 [Final Map - 748 Innes Avenue] Motion approving Final Map 5308, a Mixed-Use 6 Unit Residential and 1 Unit Commercial Condominium Project, located at 748 Innes Avenue being a subdivision of Lot 005A in Assessors Block No. 4644 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) (DPW No. 1278,382; District 10.) Motion No. M09-179 APPROVED The foregoing items were acted upon by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Absent: Campos

### File 091269: Payroll Expense Tax Biotechnology Exclusion Amendment

- Pages: 13
- Sponsors: Alioto-Pier

### File 091271: Zoning - Amending Planning Code to Create a Comprehensive and Consistent Set of Street Frontage Controls

- Pages: 13
- Sponsors: Mirkarimi

### File 091272: Port Commission Revenue Bond Law

- Pages: 13
- Sponsors: Mayor; Chiu

### File 091274: Appropriating $33,395,571 of Port Revenue Bond Proceeds for Pier Repairs and Renovations at the Port of San Francisco for FY 2009-2010

- Pages: 13-14
- Sponsors: Mayor; Chiu

### File 091275: Development Impact and In-Lieu Fees

- Pages: 14
- Sponsors: Mayor

### File 091276: Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and Amendment to the Annual Salary Ordinance, FY 2009-2010 - $2,700,314

- Pages: 14-15
- Sponsors: Mayor

### File 091251: Development Fee Collection Procedure; Administrative Fee

- Pages: 15
- Sponsors: Mayor

### File 091270: Accept and Expend Grant - Urban Trails of San Francisco - $1,000,000

- Pages: 15
- Sponsors: Dufty; Campos

### File 091273: Port Commission Revenue Bonds Not to Exceed $45,000,000

- Pages: 15-16
- Sponsors: Mayor; Chiu

### File 091279: Resolution to Acquire Real Property Interests by Eminent Domain-Water System Improvement Program-Funded Bay Division Pipeline Reliability Upgrade Tunnel

- Pages: 16
- Sponsors: Mayor

### File 091282: Commending Del Monte for its Commitment to Keep its Headquarters in San Francisco

- Pages: 16
- Sponsors: Alioto-Pier, Dufty and Maxwell

### File 091263: Biotechnology Payroll Tax Exclusion

- Pages: 16
- Sponsors: Alioto-Pier

### File 091278: Public Hearing - Acquisition of Property by Eminent Domain - Subsurface Tunnel Easements in Alameda County and San Mateo County

- Pages: 16-17

### File 091277: Motion to Hold Public Hearing on Adopting a Resolution to Acquire Property by Eminent Domain

- Pages: 17
- Sponsors: Mayor

### File 091230: Department of Building Inspection Cash Revolving Fund

- Pages: 17

### File 091231: Authorizing the Municipal Transportation Agency to implement on-street parking meter and parking control pilot projects

- Pages: 17-18

### File 090679: Amendment to the John Stewart Company Sublease

- Pages: 18

### File 091232: Approval of the Ryan White HIV Emergency Relief Grant Program application

- Pages: 18
- Sponsors: Dufty; Campos

### File 091236: Approval of contract for Personal Assisted Employment Services Program for the Department of Public Health

- Pages: 18-21
- Sponsors: Mar

## Extracted text

### [Page 1](https://sfbos.info/documents/1952/2009-11-03-minutes#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO

 MEETING MINUTES

 Tuesday, November 3, 2009 - 2:00 PM

 Legislative Chamber, Room 250
 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689

 DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY,
 BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

 Angela Calvillo, Clerk of the Board

 BOARD COMMITTEES
 Committee Membership Meeting Days
 Budget and Finance Committee Wednesday
 Supervisors Avalos, Mirkarimi, Chu 11:00 AM

 City and School District Select Committee 1st and 3rd Thursday
 Supervisors Elsbernd, Dufty, Avalos, Yee, Fewer, Maufas 3:30 PM

 City Operations and Neighborhood Services Committee 2nd and 4th Monday
 Supervisors Dufty, Daly, Elsbernd 10:30 AM

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mirkarimi, Mar, Maxwell 1:00 PM

 Land Use and Economic Development Committee Monday
 Supervisors Maxwell, Mar, Chiu 1:00 PM

 Public Safety Committee 1st and 3rd Monday
 Supervisors Chiu, Mirkarimi, Alioto-Pier 10:00 AM

 Rules Committee 1st and 3rd Thursday
 Supervisors Campos, Daly, Alioto-Pier 10:00 AM

 First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair, of the Committee.

 Volume 104 Number 37

### [Page 2](https://sfbos.info/documents/1952/2009-11-03-minutes#page-2)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

 Members Present: Michela Alioto-Pier, John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly,
 Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi

ROLL CALL AND PLEDGE OF ALLEGIANCE
 The meeting was called to order at 2:08 p.m. On the call of the roll, all Supervisors were noted
 present.

APPROVAL OF MEETING MINUTES
 Supervisor Avalos, seconded by Supervisor Dufty, moved to approve the Board Meeting Minutes of
 October 6, 2009. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

AGENDA CHANGES
 There were none.

COMMUNICATIONS
 Clerk of the Board, Angela Calvillo, informed the Board of Supervisors that she was in receipt of
 correspondence from the Mayor communicating the Mayor's Veto of legislation contained in File
 No. 091032 which would amend the Sanctuary Ordinance. Direction was given to the Clerk of the
 Board to agendize this matter at the Regular Meeting of November 10, 2009.

CONSENT AGENDA

Recommendations of the Budget and Finance Committee

091094 [Approving agreements for procurement, installation and implementation of San
 Francisco Public Utilities Commission Advanced Meter Infrastructure System]
 Ordinance approving agreements necessary for the procurement, installation and implementation
 of the San Francisco Public Utilities Commission's Advanced Meter Infrastructure System,
 including Water Enterprise Agreement No. CS-936 with VSI Meter Services, Inc., related software
 license and maintenance agreements with Aclara RF Systems Inc., and a related source code
 escrow agreement with Aclara RF Systems and U.S. Bank National Association, under Charter
 Section 9.118; making findings of consistency with the General Plan and the Priority Policies of
 Planning Code Section 101.1; and ratifying the procurement and contracting processes used by the
 San Francisco Public Utilities Commission. (Public Utilities Commission)
 Ordinance No. 236-09
 FINALLY PASSED

City and County of San Francisco Page 857 Printed at 1:43 pm on 1/6/10

### [Page 3](https://sfbos.info/documents/1952/2009-11-03-minutes#page-3)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

091169 [Accept and Expend Federal Grant - Police Department - $16,562,750]
 Sponsor: Mayor
 Ordinance authorizing the City and County of San Francisco’s Police Department to retroactively
 accept and expend ARRA grant funds in the amount of $16,562,750 from the U.S. Department of
 Justice COPS Program for implementation of the COPS Hiring Recovery Program to hire 50 new
 Q-2 San Francisco Police Officers and placing $14,112,750 of the accepted funds on Budget and
 Finance Committee reserve and amending the Annual Salary Ordinance to provide for the creation
 of certain grant-funded positions.
 (Fiscal Impact.)
 Ordinance No. 233-09
 FINALLY PASSED

Recommendations of the City Operations and Neighborhood Services Committee

091164 [Accept and Expend Grant - Department of Public Health - $282,150]
 Sponsor: Chu
 Resolution authorizing the San Francisco Department of Public Health of the City and County of
 San Francisco to accept and expend retroactively a grant from the Health and Human Services
 Administration in the amount of $282,150 to upgrade radiology equipment in the Trauma Center at
 San Francisco General Hospital; for the period of September 1, 2009, through February 28, 2011.
 Resolution No. 439-09
 ADOPTED

091170 [Accept and Expend State Grant - Urban Auto Fraud Interdiction Program -
 $250,000]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of San
 Francisco to retroactively accept and expend a grant in the amount of $250,000 through the
 California Department of Insurance, Fraud Division, Local Assistance Program, for a program
 entitled Organized Automobile Fraud Activity Interdiction Program (“Urban Auto”) for FY
 2009-2010.
 Resolution No. 440-09
 ADOPTED

091172 [Accept and Expend Federal Grant - Back on Track Re-entry Program Infrastructure
 and Replication Grant - $400,000]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of San
 Francisco to retroactively accept and expend a grant in the amount of $400,000 through the United
 States Department of Justice, Bureau of Justice Assistance, for a program entitled “Back On
 Track Re-entry Program Infrastructure and Replication Grant” for FY 2009-2012.
 Resolution No. 433-09
 ADOPTED

City and County of San Francisco Page 858 Printed at 1:43 pm on 1/6/10

### [Page 4](https://sfbos.info/documents/1952/2009-11-03-minutes#page-4)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

Recommendation of the Land Use and Economic Development Committee

090780 [Revisions to Division I of the San Francisco Transportation Code]
 Ordinance amending San Francisco Transportation Code, Division I, by amending Sections 3.4,
 6.7, 7.2.12, 7.2.26, 7.2.27, 7.2.28, 7.2.29, 7.2.71, 7.2.80, 7.2.101, 7.3.3 and 8.1 to change existing
 posting requirements for temporary parking restriction signs; amend the requirements for street
 barricades for street fairs; provide that yellow or white zones may be indicated by either yellow or
 white paint on the curb or signage; provide a three minute time limit for noncommercial vehicles
 parked in yellow zones; provide a three consecutive day on-street parking restriction instead of
 seven consecutive days; provide that any violation of Division II, Section 903 is a violation of
 Section 7.2.71; prohibit taxicab operators from leaving a vehicle unattended in certain use districts;
 provide that persons are prohibited from boarding a Municipal Railway vehicle in revenue service
 through the rear exit while the vehicle is operating on a transit line unless on a line, route or
 location designated by the SFMTA; provide that four or more violations of Section 7.2.71 within one
 year constitute a misdemeanor; repeal noticing requirements for towing vehicles on public streets;
 and clarify applicable restrictions and references to Division II; and repealing Section 7.2.44
 prohibiting parking on designated streets near Candlestick Park. (Municipal Transportation Agency)
 Ordinance No. 231-09
 FINALLY PASSED

Recommendations of the Rules Committee

090523 [Eastern Neighborhoods Citizens Advisory Committee]
 Sponsors: Daly; Campos
 Ordinance amending the Administrative Code Section 10E.2 concerning the qualifications for and
 number of members on the Eastern Neighborhoods Citizens Advisory Committee.
 Ordinance No. 230-09
 FINALLY PASSED

090833 [Lobbyist Ordinance Amendments]
 Sponsor: Chiu
 Ordinance amending Chapter I of Article II of the Campaign and Governmental Conduct Code by
 amending Sections 2.100, 2.105, 2.110, 2.115, 2.117, 2.130, 2.135, 2.140, 2.145 and 2.150,
 adding Section 2.116, and deleting Sections 2.125 and 2.160, to simplify registration requirements,
 adopt a more equitable fee structure, ease electronic filing of lobbyist disclosures, and establish an
 effective date for these amendments.
 Ordinance No. 235-09
 FINALLY PASSED

 The foregoing items were acted upon by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

City and County of San Francisco Page 859 Printed at 1:43 pm on 1/6/10

### [Page 5](https://sfbos.info/documents/1952/2009-11-03-minutes#page-5)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

Severed from the Consent Agenda
 Supervisor Mirkarimi requested that this matter be severed so that it might be considered
 separately.

Recommendation of the Government Audit and Oversight Committee

091161 [Approving Issuance of a Request for Proposals for CleanPowerSF]
 Sponsors: Mirkarimi; Mar, Campos and Dufty
 Ordinance approving issuance of a Request for Proposals for Community Choice Aggregation
 (CCA) Services for the San Francisco CCA program, commonly known as CleanPowerSF.
 Ordinance No. 232-09
 Supevisor Dufty requested to be added as a co-sponsor.
 FINALLY PASSED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

REGULAR AGENDA

UNFINISHED BUSINESS

From the Clerk

091254 [Adopting Findings Reversing the Exemption Determination for the 430 Main
 Street/429 Beale Street Project]
 Motion adopting findings reversing the exemption determination by the Planning Department that
 the 430 Main Street/429 Beale Street project is exempt from further environmental review. (Clerk of
 the Board)
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED, on Page 2,
 Line 7, replacing "aare" with "are". The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

 Motion No. M09-178
 Supervisor Daly requested to be added as sponsor.
 APPROVED AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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Recommendation of the Land Use and Economic Development Committee

090931 [Rental Subsidy Program for Low-Income Families]
 Sponsors: Avalos; Campos, Mar, Mirkarimi and Dufty
 Ordinance adding Sections 48.1 through 48.7 to the San Francisco Administrative Code creating
 the Rental Subsidy Program for Low-Income Families that establishes a need-based local housing
 subsidy for homeless families subject to the fiscal and budgetary provisions of the Charter.
 Ordinance No. 229-09
 Supervisor Dufty requested to be added as a co-sponsor.
 FINALLY PASSED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendation of the Rules Committee

090989 [Campaign Finance Reform Ordinance amendments]
 Sponsors: Daly; Campos
 Ordinance amending Article I, Chapter I of the Campaign & Governmental Conduct Code by
 amending sections 1.100, 1.104, 1.107, 1.108, 1.112, 1.113, 1.114, 1.118, 1.122, 1.128, 1.130,
 1.134, 1.135, 1.136, 1.140, 1.142, 1.144, 1.146, 1.148, 1.150, 1.152, 1.156, 1.161, 1.161.5, 1.168,
 1.170, deleting sections 1.134.5, 1.158, and 1.160, and adding sections 1.109, 1.143, 1.171, and
 1.175 to refine and conform definitions; to eliminate and streamline reporting requirements; to
 authorize greater electronic filing; to adjust expenditure ceilings for inflation; to clarify the
 permissible uses of campaign funds; to provide that certain candidates are eligible to accept
 Voluntary Expenditure Ceilings; to set forth the instances in which the Ethics Commission will lift
 Voluntary Expenditure Ceilings; to modify how public funds are disbursed to eligible candidates; to
 clarify the requirements for third-party reporting; to amend the statute of limitations for
 administrative actions; and to impose record retention requirements on local committees.
 Ordinance No. 234-09
 Supervisor Campos requested to be added as a co-sponsor.
 FINALLY PASSED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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NEW BUSINESS

Recommendations of the Budget and Finance Committee

091166 [Approval of Management and Operations Agreement for the Cable Car Museum]
 Sponsor: Chiu
 Resolution approving Municipal Transportation Agency Management and Operations Agreement
 with the Friends of the Cable Car Inc., for the Cable Car Museum for a term of ten years with two
 five-year options to extend the term.
 Resolution No. 432-09
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091178 [Approval of Lease for Pier 15 and a portion of Pier 17, related Parking Agreement
 and Licenses]
 Sponsors: Mayor; Chiu and Alioto-Pier
 Resolution approving and authorizing a 66-year Lease of Pier 15 and a portion of Pier 17 and a
 related Parking Agreement at Seawall Lot 321, two Curb Indent Licenses in front of Piers 15 and
 17 and a Curb Space License at Green Street between the Exploratorium and the City and County
 of San Francisco acting by and through the San Francisco Port Commission.
 (Fiscal Impact.)
 Resolution No. 430-09
 Supervisor Alioto-Pier requested to be added as a co-sponsor.
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091179 [CEQA Findings in Connection with the Exploratorium Relocation Project]
 Sponsors: Mayor; Chiu and Dufty
 Resolution adopting findings pursuant to the California Environmental Quality Act (CEQA) and
 Administrative Code Chapter 31 in connection with the Exploratorium Relocation Project proposed
 to be located on Pier 15 and a portion of Pier 17 in the Port of San Francisco, City and County of
 San Francisco.
 Resolution No. 431-09
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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Recommendations of the City Operations and Neighborhood Services Committee

080323 [Place of Entertainment Permits and Board of Appeals Procedures]
 Sponsors: Mayor; Dufty, Chiu and Campos
 Ordinance amending the San Francisco Police Code by amending Sections 2.26, 1060, 1060.1,
 1060.2, 1060.3, 1060.5, 1060.24, 1060.25 and 1060.29, by adding Sections 1060.20.1, 1060.20.2,
 1060.20.3, 1060.20.4, 1060.24.1, 1060.24.2, 1060.29.1, 1060.30, 1060.31, 1060.32, 1060.33,
 1060.34, 1060.35, 1060.36, and 1060.37, by repealing Sections 1060.4, 1060.20, and 1060.22,
 and by adding new Sections 1060.4 and 1060.20, relating to the application, approval, amendment,
 suspension, revocation, and transfer of Place of Entertainment Permits and One Night Event
 Permits (now called "One Time Event Permits"), including changes in penalties, and amending the
 San Francisco Business and Tax Regulations Code by amending Sections 8 and 26 to provide the
 time for appealing to the Board of Appeals, to provide an additional category of permit suspension
 and revocation actions that are not suspended pending a decision by the Board of Appeals, and to
 clarify the standards governing the review of permits.
 Supervisors Chiu and Campos requested to be added as co-sponsors.
 PASSED ON FIRST READING by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

080324 [Extended-Hours Premises Permits]
 Sponsors: Mayor; Dufty, Chiu and Campos
 Ordinance amending the San Francisco Police Code by amending Sections 1070, 1070.1, 1070.2,
 1070.3, 1070.5, 1070.7, 1070.8, 1070.19, 1070.22, and 1070.24, by adding Sections 1017.17.1,
 1017.17.2, 1017,17.3, 1070.28, 1070.29, 1070.30, 1070.31, 1070.32, 1070.33, 1070.34, 1070.35,
 and 1070.36; by repealing Sections 1070.4, 1070.17, 1070.20, 1070.20-1, 1070.21, and 1070.26;
 and by adding new Sections 1070.4, 1070.17, and 1070.20, relating to the application, approval,
 amendment, suspension, revocation, and transfer of Extended-Hours Premises Permits, including
 changes in penalties.
 Supervisors Chiu and Campos requested to be added as co-sponsors.

 Supervisor Daly moved to divide the question relating to "Sec. 1070.36. Prospective Moratorium on
 Grant of Extended-Hours Premises Permits" located on Page 41, Line 17, through Page 44, Line
 18.

 The question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours
 Premises Permits" PASSED as divided by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi
 Noes: 1 - Daly
 PASSED ON FIRST READING AS DIVIDED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

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091039 [Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats]
 Sponsors: Mirkarimi; Campos, Avalos and Maxwell
 Ordinance amending the San Francisco Health Code by adding Section 45 to prohibit onychectomy
 (declawing) and tendonectomy procedures on cats except when necessary for a therapeutic
 purpose.
 PASSED ON FIRST READING by the following vote:
 Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 2 - Alioto-Pier, Elsbernd

Recommendations of the Government Audit and Oversight Committee

091112 [Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco
 Wholesale Produce Market]
 Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar
 Resolution adopting finding that the retention and expansion of the San Francisco Wholesale
 Produce Market are fiscally feasible pursuant to Administrative Code Chapter 29.
 (Fiscal Impact.)
 Resolution No. 434-09
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091118 [Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR
 LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco
 Unified School District”]
 Sponsors: Mirkarimi; Campos
 Resolution responding to the Presiding Judge of the Superior Court on the findings and
 recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "USE IT OR LOSE
 IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District.
 Resolution No. 435-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091119 [Board response to the 2008-2009 Civil Grand Jury Report entitled “Being
 Propositioned By The San Francisco Unified School District”]
 Sponsor: Mirkarimi
 Resolution responding to the Presiding Judge of the Superior Court on the findings and
 recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "Being
 Propositioned By The San Francisco Unified School District," and urging the SFUSD to cause the
 implementation of accepted recommendations.
 Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, on
 Page 2, Line 17, replacing "3" with "4". The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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 Resolution No. 436-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

SPECIAL ORDER 3:30 P.M - Recognition of Commendations

Privilege of the Floor
 Supervisor Campos, seconded by Supervisor Alioto-Pier, moved to suspend Rule 4.37 of the Rules of
 Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion
 carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to the Mission
 Peace Collaborative in recognition of their leadership and community service.

ROLL CALL FOR INTRODUCTIONS
 See Legislation Introduced below.

PUBLIC COMMENT
 Abdullah Megaheed; expressed various concerns.
 James Chaffee; expressed concerns relating to the SF Public Library.
 Richard McRee; expressed various concerns.
 Male Speaker; expressed various religious concerns.
 Peter Warfield; expressed concerns relating to the SF Public Library.
 Walter Paulson; shared in song certain concerns with the Board.
 Male Speaker; expressed concerns relating to hospital staffing.
 Richard Robinson; expressed various concerns.
 Male Speaker; expressed concerns relating to nutrition.
 Francisco Da Costa, expressed various concerns.

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FOR ADOPTION WITHOUT COMMITTEE REFERENCE

091255 [Declaring November 8th to November 14th, 2009, Radiology Week in San
 Francisco]
 Sponsors: Dufty; Campos
 Resolution declaring November 8th to November 14th, 2009 Radiology Week in San Francisco.
 Resolution No. 441-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED

091256 [Celebrating the Cliff House on its Centennial of the 1909 building]
 Sponsors: Mar; Alioto-Pier and Campos
 Resolution celebrating the Cliff House on its Centennial of the 1909 building.
 Resolution No. 437-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED

091257 [Approval of Additional Emergency Work at Midtown Park Apartments]
 Sponsor: Mirkarimi
 Resolution authorizing the Director of the Mayor’s Office of Housing to take all necessary measures
 to protect the health and safety of the residents of Midtown Park Apartments by performing
 additional emergency repairs to the sewer systems and exterior staircases.
 Resolution No. 438-09
 ADOPTED

091258 [Proclaiming November 5, 2009, as Elaine Mikels Day]
 Sponsors: Chiu; Campos
 Resolution proclaiming November 5, 2009, as "Elaine Mikels Day" in San Francisco.
 Resolution No. 442-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED

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091259 [Approval of a 30 day extension for Planning Commission review.]
 Sponsor: Chiu
 Resolution extending by 30 days the prescribed time within which the Planning Commission may
 render its decision on a proposed Ordinance that would amend the definition of Tobacco
 Paraphernalia Establishments in Section 227(v), to lower the threshold for retail stores to be
 considered Tobacco Paraphernalia Establishments from 15% of the square footage of the
 establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10 linear feet of
 display area in total, whichever is less; amending Sections 790.123 and 890.123 to reflect this
 definition; amending Section 723.1 and the Table at Section 723, to make Tobacco Paraphernalia
 Establishments, as defined, not permitted in the Polk Street Neighborhood Commercial District;
 amending Section 186.1, to change the period of non use for a nonconforming Tobacco
 Paraphernalia Establishment use be deemed discontinued in the Polk Street NCD from three years
 to eighteen months, and making findings of consistency with the priority policies of the Planning
 Code Section 101.1 and environmental findings.
 Resolution No. 443-09
 ADOPTED

091239 [Final Map - 748 Innes Avenue]
 Motion approving Final Map 5308, a Mixed-Use 6 Unit Residential and 1 Unit Commercial
 Condominium Project, located at 748 Innes Avenue being a subdivision of Lot 005A in Assessors
 Block No. 4644 and adopting findings pursuant to the General Plan and City Planning Code
 Section 101.1. (Public Works Department)
 (DPW No. 1278,382; District 10.)
 Motion No. M09-179
 APPROVED

 The foregoing items were acted upon by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Absent: 1 - Campos

IMPERATIVE AGENDA
 There were none.

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LEGISLATION INTRODUCED AT ROLL CALL

Introduced by Supervisors or Mayor

Ordinances

091269 [Payroll Expense Tax Biotechnology Exclusion Amendment]
 Sponsor: Alioto-Pier
 Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to
 clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology
 exclusion for seven and one half years irrespective of the application date.
 (Fiscal Impact.)
 11/03/09; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/3/2009.

091271 [Zoning - Amending Planning Code to Create a Comprehensive and Consistent Set
 of Street Frontage Controls]
 Sponsor: Mirkarimi
 Ordinance amending the San Francisco Planning Code by amending Sections 145.1, 201, 243,
 253, 261.1, and 270.2 to create a comprehensive and consistent set of street frontage controls for
 most use districts that allow a mix of uses; adopting findings, including environmental findings,
 Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of
 Planning Code Section 101.1.
 11/03/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/3/2009.

091272 [Port Commission Revenue Bond Law]
 Sponsors: Mayor; Chiu
 Ordinance amending the San Francisco Administrative Code by adding Chapter 43, Article XII,
 Sections 43.12.1 through 43.12.8, to authorize the issuance of revenue bonds by the Port
 Commission.
 11/03/09; RECEIVED AND ASSIGNED to Budget and Finance Committee.

091274 [Appropriating $33,395,571 of Port Revenue Bond Proceeds for Pier Repairs and
 Renovations at the Port of San Francisco for FY 2009-2010]
 Sponsors: Mayor; Chiu
 Ordinance appropriating $33,395,571 of bond revenue for the Port of San Francisco to make
 repairs and renovations to Piers 35, 33, 19 or 23, 27, and 50 for FY 2009-2010, and placing
 $33,395,571 on Controller’s reserve pending sale of bonds.
 (Fiscal Impact.)
 11/03/09; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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091275 [Development Impact and In-Lieu Fees]
 Sponsor: Mayor
 Ordinance amending the San Francisco Planning Code by creating Article 4 for development
 impact fees and development impact requirements that authorize the payment of in-lieu fees; by
 adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be
 collected by the Department of Building Inspection prior to issuance of the first building permit or
 other document authorizing construction of the project, with an option for the project sponsor to
 defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a
 deferral surcharge on the amount owed that would be deposited into the same fund that receives
 the fees; by requiring that any in-kind public improvements required in lieu of payment of
 development fees are implemented prior to issuance of the first certificate of occupancy for the
 project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8,
 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San
 Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and
 amending the sections; adding introductory sections for standard definitions, payment and
 collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers,
 credits, notice, lien procedure, and development fee evaluations every five years; by providing for
 an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning
 Commission; requiring the Controller to issue an annual Citywide Development Fee Report;
 deleting duplicative code provisions and using consistent definitions, language and organization
 throughout; adopting findings, including Section 302 and environmental findings; instructing the
 publisher to put a note at the original location of the renumbered sections stating that the text of
 those sections has been moved and providing the new section number.
 (Economic Impact.)
 11/03/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/3/2009.

091276 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and
 Amendment to the Annual Salary Ordinance, FY 2009-2010 - $2,700,314]
 Sponsor: Mayor
 Ordinance authorizing the Department of Children, Youth & Their Families (DCYF) to accept and
 expend grant funding in the amount of $2,700,314 from the Federal Department of Justice, Office
 of Justice Programs for implementation of criminal justice programs and amending Annual Salary
 Ordinance (183-09) and to create grant-funded position at DCYF.
 11/03/09; RECEIVED AND ASSIGNED to Public Safety Committee.

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091251 [Development Fee Collection Procedure; Administrative Fee]
 Sponsor: Mayor
 Ordinance amending the San Francisco Building Code by adding Section 107A.13 to establish a
 procedure for the Department of Building Inspection (DBI) to collect development impact and in lieu
 fees, to provide that the fees are payable prior to issuance of the first building permit or other
 document authorizing construction of the project, with an option for the project sponsor to defer
 payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral
 surcharge on the amount owed that would be deposited into the same fund that receives the
 development fees, to require that any in-kind public benefit benefits required in lieu of payment of
 development fees are implemented prior to issuance of the first certificate of occupancy for the
 project, to require DBI to generate a Project Development Fee Report prior to issuance of the
 building or site permit for the project listing all fees due with the opportunity for an appeal of
 technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI
 and a fee for administering the program; adopting findings, including environmental findings.
 (Economic Impact.)
 10/27/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

 11/03/09; REFERRED TO DEPARTMENT.

 11/03/09; SUBSTITUTED.

 11/03/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on
 11/26/2009.

Resolutions

091270 [Accept and Expend Grant - Urban Trails of San Francisco - $1,000,000]
 Sponsors: Dufty; Campos
 Resolution authorizing the San Francisco Department of Public Health to accept and expend
 retroactively a grant from the Substance Abuse and Mental Health Services Administration in the
 amount of $1,000,000 to provide direct services for American Indian/Alaskan Native children and
 families; for the period of September 30, 2009, through September 29, 2010.
 11/03/09; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

091273 [Port Commission Revenue Bonds Not to Exceed $45,000,000]
 Sponsors: Mayor; Chiu
 Resolution authorizing the issuance of up to $45,000,000 aggregate principal amount of Port
 Commission revenue bonds for the purpose of financing certain capital improvements related to
 the Port; approving the forms of documents relating thereto; approving the maximum interest
 thereon; and related matters.
 (Fiscal Impact.)
 11/03/09; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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091279 [Resolution to Acquire Real Property Interests by Eminent Domain-Water System
 Improvement Program-Funded Bay Division Pipeline Reliability Upgrade Tunnel]
 Sponsor: Mayor
 Resolution authorizing acquisition of subsurface tunnel easements in real property in Alameda
 County and San Mateo County, consisting of portions of Alameda County Assessor's Parcels
 537-0551-028, 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County
 Assessor's Parcel 537-0852-008 in the City of Fremont, San Mateo County Assessor’s Parcels
 063-590-060 and 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo
 County Transit District in the City of Menlo Park, located east of University Avenue between
 Assessor's Parcels 093 600-010 and 063-590-060, by eminent domain, for the public purpose of
 constructing the Public Utilities Commission Water System Improvement Program-Funded Project
 CUW36801, Bay Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings
 under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative
 Code Chapter 31, and adopting findings of consistency with the General Plan and under City
 Planning Code Section 101.1.
 11/03/09; ASSIGNED to Board of Supervisors.

091282 [Commending Del Monte for its Commitment to Keep its Headquarters in San
 Francisco]
 Sponsors: Alioto-Pier, Dufty and Maxwell
 Resolution commending Del Monte Corporation for its continued commitment to keep its
 headquarters in San Francisco.
 11/03/09; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

Requests for Hearing

091263 [Biotechnology Payroll Tax Exclusion]
 Sponsor: Alioto-Pier
 Hearing to consider the Controller's Report on the Biotechnology Payroll Tax Exclusion, required by
 Section 906.1(i) of Article 12-A of the San Francisco Business and Tax Regulations Code.
 11/03/09; RECEIVED AND ASSIGNED to Budget and Finance Committee.

091278 [Public Hearing - Acquisition of Property by Eminent Domain - Subsurface Tunnel
 Easements in Alameda County and San Mateo County]
 Hearing of persons interested in or objecting to proposed Resolution authorizing acquisition of
 subsurface tunnel easements in real property in Alameda County and San Mateo County,
 consisting of portions of Alameda County Assessor's Parcels 537-0551-028, 537-0551-020 and
 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel 537-0852-008 in the
 City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and 096-230-110 in the City
 of Menlo Park, and in real property owned by San Mateo County Transit District in the City of Menlo
 Park, located east of University Avenue between Assessor's Parcels 093 600-010 and
 063-590-060, by eminent domain, for the public purpose of constructing the Public Utilities
 Commission Water System Improvement Program-Funded Project CUW36801, Bay Division
 Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California
 Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and
 adopting findings of consistency with the General Plan and under City Planning Code Section
 101.1. (Clerk of the Board)
 11/03/09; SCHEDULED FOR PUBLIC HEARING.

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Motion

091277 [Motion to Hold Public Hearing on Adopting a Resolution to Acquire Property by
 Eminent Domain]
 Sponsor: Mayor
 Motion directing the Board of Supervisors to hold a public hearing on November 24, 2009, with the
 Board sitting as a committee of the whole, to consider adopting a Resolution of Necessity to
 authorize acquisition of subsurface tunnel easements in real property in Alameda County and San
 Mateo County, consisting of portions of Alameda County Assessor's Parcels 537-0551-028,
 537-0551-020 and 537-0551-021-01 in the City of Newark, Alameda County Assessor's Parcel
 537-0852-002-08 in the City of Fremont, San Mateo County Assessor’s Parcels 063-590-060 and
 096-230-110 in the City of Menlo Park, and in real property owned by San Mateo County Transit
 District in the City of Menlo Park, located east of University Avenue between Assessor's Parcels
 093 600-010 and 063-590-060, by eminent domain, for the public purpose of constructing the
 Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay
 Division Pipeline Reliability Upgrade - Tunnel; adopting environmental findings under the California
 Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code Chapter 31, and
 adopting findings of consistency with the General Plan and under City Planning Code Section
 101.1.
 11/03/09; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

Introduced by the President at the Request of Departments

PROPOSED ORDINANCES

091230 [Department of Building Inspection Cash Revolving Fund]
 Ordinance amending San Francisco Administrative Code Section 10.135 to increase the cash
 revolving fund of the Department of Building Inspection from $600 to $2,000. (Building Inspection
 Commission)
 10/22/09; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/21/2009.

091231 [Authorizing the Municipal Transportation Agency to implement on-street parking
 meter and parking control pilot projects]
 Ordinance authorizing the Municipal Transportation Agency to implement and extend SFpark
 parking meter and parking control pilot projects. (Municipal Transportation Agency)
 10/23/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on
 11/22/2009.

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Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

PROPOSED RESOLUTIONS

090679 [Amendment to the John Stewart Company Sublease]
 Resolution approving and authorizing the execution of a Fifth Amendment to Sublease with the
 John Stewart Company to discontinue Earthquake and Flood Insurance. (Treasure Island
 Development Authority)
 10/22/09; RECEIVED AND ASSIGNED to Budget and Finance Committee.

091232 [Approval of the Ryan White HIV Emergency Relief Grant Program application]
 Sponsors: Dufty; Campos
 Resolution authorizing the San Francisco Department of Public Health to submit an application to
 continue to receive funding for the “HIV Emergency Relief Programs (Ryan White Programs, Part
 A)” grant from the Health Resources Services Administration, requesting $36,118,233 in HIV
 emergency relief program funding for the San Francisco Eligible Metropolitan Area; from March 1,
 2010, through February 28, 2011. (Public Health Department)
 10/26/09; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

091236 [Approval of contract for Personal Assisted Employment Services Program for the
 Department of Public Health]
 Sponsor: Mar
 Resolution authorizing the San Francisco Department of Public Health to enter into a contract with
 Richmond Area Multi-Services, Inc., to provide mental health services through the Personally
 Assisted Employment Services program for the term of January 1, 2010, through June 30, 2016.
 (Public Health Department)
 10/26/09; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

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Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

Requests Granted
 From: Supervisor Campos
 To: Director, Juvenile Probation Department
 Requesting/Inquiring: We respectfully request that the Juvenile Probation Department [hereinafter
 “the Department”] respond to and provide any and all information and documentation, in whatever
 form, including, hard copies, electronic form, email or any other correspondence regarding the
 following:

 1. An accounting of how the Department uses city funds to comply with Juvenile Probation
 Department policy 8.12, the Department’s policy regarding the intake, processing and release of
 undocumented minors (effective date August 2008).
 2. All intake and processing forms used by the Department at the referral and booking stage.
 3. All information regarding the Department’s caseload for the last two years, broken out by
 month.
 4. An explanatory memorandum and any relevant Department materials related to answering the
 following questions:
 a. Does the Department consider itself and/or intend to act as a de facto arm of the United States
 Bureau of Immigration and Customs Enforcement? How is the Department ensuring that probation
 officers are not doing the work of federal immigration officials?
 I kindly request the Department deliver this information within thirty days.

 From: Supervisor Mirkarimi
 To: Director, Department of Public Works
 Requesting/Inquiring: Requesting the Department of Public Works to report on the status of
 removing graffiti from the following locations:

 Garbage Cans
 Southwest corner Fillmore & Haight
 Northeast corner Clayton & Haight
 Southwest corner Baker & Haight

 Mailboxes
 Southwest corner Post & Broderick
 Northeast corner Laguna & Grove

 Street Wall and Overpasses
 On Geary & Webster, middle of overpass, East side of street

 From: Supervisor Mirkarimi
 To: Director, Department of Public Works
 Requesting/Inquiring: Requesting the Department of Public Works to report on the status of
 removing graffiti from newsstands at the following locations:

 San Francisco Bay Guardian
 Southeast corner of Fillmore & Post
 Southwest corner of Divisadero & Sutter
 9th Avenue & Judah (near bus stops)
 7th Avenue & Irving (near bus stops)
 Northwest corner of Hayes & Fillmore
 Southeast corner of Fillmore & Haight

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Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

 San Francisco Chronicle
 Northwest corner of Fillmore & Hayes
 Southeast corner of Haight & Fillmore
 Irving & 9th Avenue
 Irving & 7th Avenue
 Southwest corner of Haight & Clayton
 Southeast corner of Haight & Masonic

 Examiner
 Northwest corner of Fillmore & Hayes
 Southeast corner of Haight & Fillmore

 SF Daily
 Northwest corner of Hayes & Gough

 City Star
 Northwest corner of Hayes & Gough
 Southeast corner of Fillmore & Haight

 SF Weekly
 Southeast corner of Masonic & Haight
 Southeast corner of Haight & Fillmore

 From: Supervisor Mirkarimi
 To: Director, Department of Public Works
 Requesting/Inquiring: Requesting the Department of Public Works to report on the status of
 removing graffiti from the following private property locations:

 628 Divisadero
 1310 Turk
 1067 Oak
 499 Steiner (on the Oak Street side)
 489 Grove
 298 Pierce
 774 Page
 778 Page
 509 Haight
 442 Haight
 501 Waller
 444 Haight
 525 Haight
 533 Haight
 799 Haight
 401 Duboce (on the Duboce & Fillmore side of building)
 900 Haight
 901 Haight
 1301 Haight
 1667 Haight

 From: Supervisor Mirkarimi
 To: Director, Department of Public Works
 Requesting/Inquiring: Requesting the Department of Public Works to report on the status of
 removing graffiti from utility poles at the following locations:

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Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

 Metal Poles
 Southwest corner Haight & Fillmore
 Southwest corner Waller & Fillmore
 Northeast corner Fillmore & Hermann

 From: Supervisor Mirkarimi
 To: Director, Department of Public Works
 Requesting/Inquiring: Requesting the Department of Public Works to report on the status of
 removing graffiti from the following public property locations:

 Utility Boxes
 Northeast corner Post & Broderick
 Northwest corner of Duboce & Church

 Bus Shelters
 Northeast corner Masonic & Haight
 Southeast corner Fillmore & Oak (500 block of Fillmore)
 Southwest corner Buena Vista West & Haight
 Southwest corner Buchanan & Haight
 Fillmore & Haight (all 4 bus stops, graffiti & grime)

In Memoriams
 Florence Vivian Sarrett – Supervisor Dufty
 Warren H. van Eck – Supervisor Dufty
 Steven Patrick Dub – Supervisor Chu
 Lawrence Halprin – Supervisor Alioto-Pier
 Eric Knudtson – Supervisor Dufty
 Nancy M. Daly – Supervisors Alioto-Pier and Dufty

ADJOURNMENT
 There being no further business, the Board adjourned at the hour of 3:36 p.m.

 N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the
 matters stated, but not necessarily the chronological sequence in which the matters were taken up.

 Approved by the Board of Supervisors on January 5, 2010.

 Angela Calvillo, Clerk of the Board

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