# Board of Supervisors Minutes: December 8, 2009

- Meeting date: 2009-12-08
- Document type: minutes
- Source format: PDF
- Extracted pages: 19
- [Canonical HTML transcript](https://sfbos.info/documents/1962/2009-12-08-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m120809.pdf)

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

## Structured legislative records

### File 091346: Approving Planning Commission Decision Related to Conditional Use Appeal for 1969 California Street

- Pages: 12-13
- Vote 1: continuance
  - Action: 091346 [Approving Planning Commission Decision Related to Conditional Use Appeal for 1969 California Street] Motion approving decision of the Planning Commission by its Motion No. 17959, approving Conditional Use Application 2009.0639C on property located at 1969 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED to January 5, 2010. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091347: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1969 California Street

- Pages: 13
- Vote 1: continuance
  - Action: 091347 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1969 California Street] Motion disapproving decision of the Planning Commission by its Motion No. 17959, approving Conditional Use Application 2009.0639C on property located at 1969 California Street. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED to January 5, 2010. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091348: Preparation of Findings Related to the Conditional Use Appeal for 1969 California Street

- Pages: 13
- Vote 1: continuance
  - Action: 091348 [Preparation of Findings Related to the Conditional Use Appeal for 1969 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2009.0639C on property located at 1969 California Street, for action by the Board at its next meeting. (Clerk of the Board) Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED to January 5, 2010. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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

- Pages: 13
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 091276 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance in the amount of $2,700,314 and Amend Annual Salary Ordinance FY 2009 - 2010] 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. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 090583: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units

- Pages: 13-14
- Sponsors: Avalos; Campos
- Vote 1: first-reading
  - Action: ent Controlled Units] Sponsors: Avalos; Campos Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance:" by amending Sections 37.2 and 37.3 to extend just cause eviction requirements and protections to tenants in units that are not now subject to eviction controls (e.g., most residential rental units with a certificate of occupancy issued after June 13, 1979); by amending Section 37.9 to provide that 37.9(a)(8)(vi) limitations on owner move-in evictions do not apply to these newly protected units (new Section 37.9(a)(8)(viii)); by amending Section 37.9 to add a 16th just cause for eviction, to provide for eviction from a condominium unit with separable title that was rented by the developer for a limited time period prior to sale of the unit, where the developer has given specified advance notice to the renters (new Section 37.9(a)(16)); and by amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to extend the City's current residential rental unit fee to these units; findings in support of the legislation; severability clause; technical corrections. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Dufty, Elsbernd

### File 091355: Accept and Expend Grant - eLearning Modules to Support HIV Research - $35,125

- Pages: 14
- Sponsors: Dufty; Campos

### File 091356: Authorizing the Director of Public Works or Designee to Request a Cooperative Work Agreement from the California Department of Finance

- Pages: 14-15
- Sponsors: Mayor

## Extracted text

### [Page 13](https://sfbos.info/documents/1962/2009-12-08-minutes#page-13)

Board of Supervisors Meeting Minutes - Draft Tuesday, December 8, 2009

091347 [Disapproving Planning Commission Decision Related to Conditional Use Appeal
 for 1969 California Street]
 Motion disapproving decision of the Planning Commission by its Motion No. 17959, approving
 Conditional Use Application 2009.0639C on property located at 1969 California Street. (Clerk of the
 Board)
 Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED to
 January 5, 2010. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091348 [Preparation of Findings Related to the Conditional Use Appeal for 1969 California
 Street]
 Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use
 Application No. 2009.0639C on property located at 1969 California Street, for action by the Board
 at its next meeting. (Clerk of the Board)
 Supervisor Mirkarimi, seconded by Supervisor Alioto-Pier, moved that this Hearing be CONTINUED to
 January 5, 2010. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

COMMITTEE REPORTS

091276 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance in the
 amount of $2,700,314 and Amend Annual Salary Ordinance FY 2009 - 2010]
 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.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

090583 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent
 Controlled Units]
 Sponsors: Avalos; Campos
 Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and
 Arbitration Ordinance:" by amending Sections 37.2 and 37.3 to extend just cause eviction
 requirements and protections to tenants in units that are not now subject to eviction controls (e.g.,
 most residential rental units with a certificate of occupancy issued after June 13, 1979); by
 amending Section 37.9 to provide that 37.9(a)(8)(vi) limitations on owner move-in evictions do not
 apply to these newly protected units (new Section 37.9(a)(8)(viii)); by amending Section 37.9 to add
 a 16th just cause for eviction, to provide for eviction from a condominium unit with separable title
 that was rented by the developer for a limited time period prior to sale of the unit, where the
 developer has given specified advance notice to the renters (new Section 37.9(a)(16)); and by
 amending Chapter 37A "Rent Stabilization and Arbitration Fee" by amending Section 37A.1 to
 extend the City's current residential rental unit fee to these units; findings in support of the
 legislation; severability clause; technical corrections.
 PASSED ON FIRST READING by the following vote:
 Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi
 Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd
City and County of San Francisco Page 12 Printed at 12:30 pm on 12/9/09

### [Page 14](https://sfbos.info/documents/1962/2009-12-08-minutes#page-14)

Board of Supervisors Meeting Minutes - Draft Tuesday, December 8, 2009

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.
 Male Speaker; expressed various religious concerns.
 Walter Paulson; shared in song certain concerns with the Board.
 Andre Spearman (SEIU); expressed concerns relating to FY 2009/2010 budget shortfall.
 Peter Warfield; expressed concerns relating to the SF Public Library.
 Julian Lagos; expressed concerns relating to closure of Channel 29 television station.
 Steve Zelzer; expressed concerns relating to closure of Channel 29 television station.
 Pam Sower; expressed concerns relating to closure of Channel 29 television station.
 Richard McRee; expressed concerns relating to technology, inventions and patents.
 Otto Dufty; expressed concerns relating to upcoming campaign.
 Richard Robinson; expressed various concerns.
 Marilyn Amini; expressed concerns relating to Board rules.
 Male Speaker; expressed concerns relating legislative process.

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

091355 [Accept and Expend Grant - eLearning Modules to Support HIV Research - $35,125]
 Sponsors: Dufty; Campos
 Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend
 retroactively a grant in the amount of $35,125 from the Fred Hutchinson Cancer Research Center
 to assist with a project entitled “eLearning Modules to Support HIV Research;” for the period of
 June 1, 2009, through May 31, 2010.
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED

091356 [Authorizing the Director of Public Works or Designee to Request a Cooperative
 Work Agreement from the California Department of Finance]
 Sponsor: Mayor
 Resolution authorizing the Director of Public Works or his or her designee to request a Cooperative
 Work Agreement from the California Department of Finance to extend the expiration date for a
 Federal transportation grant expiring on June 30, 2010.
 ADOPTED

City and County of San Francisco Page 13 Printed at 12:30 pm on 12/9/09