# Board of Supervisors Minutes: January 5, 2010 - Meeting date: 2010-01-05 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/1966/2010-01-05-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m010510.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 091336: Public Employment - Amendment to the Annual Salary Ordinance FY 2009-2010 for the Department of the Environment - Pages: 3 - Sponsors: Mayor ### File 091368: Accept and Expend Grant - American Recovery and Reinvestment Act of 2009 and Amendment to the Annual Salary Ordinance, FY 2009-2010 - $7,739,300 - Pages: 3 - Sponsors: Mayor ### File 091373: Accept and Expend Grant - SF General Hospital Shuttle Bus Project - $100,245 - Pages: 3-4 - Sponsors: Maxwell ### File 091375: Accept and Expend Grant - Southeast Health Opportunities - $450,000 - Pages: 4 - Sponsors: Maxwell; Dufty ### File 090962: Zoning - Amending the Citywide Definition of Tobacco Paraphernalia Establishments by Lowering the Threshold for Retail Stores to be Considered Tobacco Paraphernalia Establishments - Pages: 4 - Sponsors: Chiu ### File 091284: Mission Bay - Park P21 Improvements - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 091284 [Mission Bay - Park P21 Improvements] Ordinance designating a portion of State Trust Parcel 5 East of future Terry A. Francois Boulevard at future Mission Bay Boulevard for public open space and park purposes; naming the new park "Bayfront Park;" accepting and irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No.178,379 and authorizing official acts in connection with this Ordinance. (Public Works Department) Ordinance No. 4-10 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091482: Adopting Findings Related to Affirming the Exemption Determination Issued for the 2750 Vallejo Street Project - Pages: 5 - Vote 1: approval, likely final - Action: 091482 [Adopting Findings Related to Affirming the Exemption Determination Issued for the 2750 Vallejo Street Project] Motion adopting findings related to affirming the exemption determination by the Planning Department that the 2750 Vallejo Street project is exempt from environmental review. (Clerk of the Board) Motion No. M10-1 APPROVED by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091354: Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Department of Public Health - Pages: 5-6 - Sponsors: Avalos; Daly, Mirkarimi, Campos and Mar - Vote 1: continuance - Action: 091354 [Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Department of Public Health] Sponsors: Avalos; Daly, Mirkarimi, Campos and Mar Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to add 236.42 FTEs in various job classes and delete 200.16 FTEs in various job classes for 11.8 pay periods (January 17, 2010, through June 30, 2010) and add 66.35 FTEs in various job classes and delete 66.35 FTEs in various job classes for 13.1 pay periods (January 1, 2010, through June 30, 2010) in the Department of Public Health. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Dufty, Mar, Mirkarimi - Noes: Chu, Elsbernd, Maxwell - Excused: Alioto-Pier, Avalos, Daly ### File 090583: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units - Pages: 6 - Sponsors: Avalos; Campos, Mirkarimi and Mar - Vote 1: continuance - Action: ve-in evictions do not apply to these newly protected units (new Section 37.9(a)(8)(viii)); by amending 37.9 to provide an owner the option of giving additional notice in lieu of making relocation payments for owner move-in eviction of a newly covered single-family home or individually owned condominium, provided the tenant was initially given specified notice of this status (new Section 37.9(a)(8)(ix); 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. Supervisor Mar requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091330: Urging the Department of Social Services to Immediately Reverse the Policy Excluding a Person with Any Felony Conviction from Serving as an In-Home Supportive Services Homecare Provider - Pages: 6-7 - Sponsors: Avalos; Mar, Dufty and Mirkarimi - Vote 1: adoption, likely final - Action: 091330 [Urging the Department of Social Services to Immediately Reverse the Policy Excluding a Person with Any Felony Conviction from Serving as an In-Home Supportive Services Homecare Provider] Sponsors: Avalos; Mar, Dufty and Mirkarimi Resolution urging the Department of Social Services to immediately reverse the policy excluding a person with any felony conviction or serious misdemeanor from serving as an In-Home Supportive Services independent homecare provider. Resolution No. 2-10 Supervisor Mirkarimi requested to be added as a co-sponsor. ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 090319: Zoning Ordinance Providing for a Five Feet Special Height Exception for Ground Floor Commercial Uses in NC-1 Designated Parcels - Pages: 7 - Sponsors: Avalos - Vote 1: first-reading - Action: 090319 [Zoning Ordinance Providing for a Five Feet Special Height Exception for Ground Floor Commercial Uses in NC-1 Designated Parcels] Sponsor: Avalos Ordinance amending the San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for commercial ground floor uses in NC-1 designated parcels within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farellones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street; amending Section 710.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 090835: Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building - Pages: 7 - Sponsors: Mar; Chiu - Vote 1: first-reading - Action: 090835 [Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building] Sponsors: Mar; Chiu Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner who will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). (Supervisor Maxwell dissented in Committee.) Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091345: Public Hearing - Conditional Use Appeal for 1969 California Street - Pages: 8 - Vote 1: continuance - Action: the approval, subject to certain conditions, of a conditional use authorization (Case No. 2009.0639C), under Planning Code Sections 209.9 and 303 to allow the establishment of an art gallery and associated offices (d.b.a. Anthony Meier Fine Art Gallery) within a designated City Landmark, Landmark #260, the Tobin House, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District, on property located at 1969 California Street, Assessor's Block No. 0649, Lot No. 016. (District 5) (Appellant: Greg Scott on behalf of Pacific Heights Residents Association) (Clerk of the Board) (Filed 11/9/09 - Companion Measure to File Nos. 091346, 091347, 001348) The President inquired as to whether any member of the public wished to address the Board concerning the motion to continue the Conditional Use Appeal for 1969 California Street. Sam Lauder (Anthony Meier Fine Arts Gallery) spoke in support of a proposed continuance. There were no other speakers. The President continued the public hearing open to January 12, 2010. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091346: Approving Planning Commission Decision Related to Conditional Use Appeal for 1969 California Street - Pages: 8 - 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091347: Disapproving Planning Commission decision related to Conditional Use Appeal for 1969 California Street; Approving Conditional Use with additional conditions - Pages: 8-9 - Vote 1: continuance - Action: 091347 [Disapproving Planning Commission decision related to Conditional Use Appeal for 1969 California Street; Approving Conditional Use with additional conditions] 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091348: Preparation of Findings Related to the Conditional Use Appeal for 1969 California Street - Pages: 9 - 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091015: Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials - Pages: 9 - Sponsors: Mirkarimi; Campos, Avalos and Daly - Vote 1: first-reading - Action: 091015 [Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials] Sponsors: Mirkarimi; Campos, Avalos and Daly Ordinance adding a new Chapter 6 to Article III of the Campaign and Governmental Conduct Code, by adding sections 3.600, 3.605 and 3.610, to require City elective officers to reimburse the City for the cost of dignitary security provided by the City during travel for campaign-related activities or meetings. (Supervisor Alioto-Pier dissented in committee.) Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091466: Revising the 2010 Board of Supervisors Regular Meeting Schedule - Pages: 10 ### File 091471: Final Map - 83 - 85 Brady Street - Pages: 10 ### File 091484: Committee of the Whole - Annulling the Privilege to Occupy Certain Subsidewalk Basement Encroachments to Accommodate the Central Subway Project - Pages: 10-11 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 091484 [Committee of the Whole - Annulling the Privilege to Occupy Certain Subsidewalk Basement Encroachments to Accommodate the Central Subway Project] Sponsor: Chiu Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on January 12, 2010, to hold a public hearing on File No. 091479, a resolution annulling the privilege to occupy certain subsidewalk basement encroachments along 4th, Ellis, Geary, Market, O'Farrell, and Stockon Streets to accommodate the construction of the Central Subway Project. Motion No. M10-4 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 091463: Calling on Congress to Pass Meaningful Healthcare Reform that Promotes a Holistic Approach to Women’s Health, Including Access to Reproductive Choice for All and a Robust Public Option - Pages: 11 - Sponsors: Daly; Mirkarimi, Campos, Avalos and Mar - Vote 1: continuance - Action: ccess to Reproductive Choice for All and a Robust Public Option] Sponsors: Daly; Mirkarimi, Campos, Avalos and Mar Resolution calling on Congress to pass meaningful healthcare reform that promotes a holistic approach to women’s health with access to reproductive choice for all and a robust public option; opposing the Stupak-Ellsworth-Pitts Amendment and an amendment proposed by Senator Ben Nelson that would limit reproductive choice; supporting a strong public option like that proposed by Senator John D. Rockefeller or Representative Raul Grijalva; urging the United States Senate to pass meaningful healthcare reform that ensures access to health services, including reproductive health; urging the US Senate to continue opposing the inclusion of anti-choice language in health care reform; encouraging conferees to remove the Stupak amendment and include a robust public option; and commending members of the California congressional delegation who supported a robust public option and opposed the restrictions on reproductive choice. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Resolution be CONTINUED to January 12, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos, Daly ### File 100008: Permit and License Fee Elimination - Pages: 11-12 - Sponsors: Chiu ### File 100009: Acceptance of Streets and Roadway Structures for Maintenance and Liability Purposes - Pages: 12 - Sponsors: Dufty ### File 100022: Accept and Expend Grant - Reentry Council and Amendment to the Annual Salary Ordinance, FY2009-2010 - $50,000 - Pages: 12 - Sponsors: Maxwell ### File 100023: Requiring that Census Workers be Allowed Access to Residential Hotels to Engage in Census Activities - Pages: 12-13 - Sponsors: Mirkarimi ### File 091458: Earthquake Safety and Emergency Response General Obligation Bond Election - $652,070,000 - Pages: 13 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell ### File 100007: Approving Central Subway Final Design Contract Package No. 2 - Stations - Not to Exceed $39,949,948 - Pages: 13-14 - Sponsors: Chu ### File 100010: Local Streets and Roads Needs Assessment - Pages: 14 - Sponsors: Dufty ### File 100011: Accept and Expend Grant - HIV Prevention Programs - $512,960 - Pages: 14 - Sponsors: Dufty ### File 100012: Supporting the Youth PROMISE Act - Pages: 14 - Sponsors: Avalos; Mar ### File 100013: International Human Trafficking Day and Human Trafficking Awareness Month - Pages: 14 - Sponsors: Chu; Chiu ### File 100014: Accept and Expend Grant - National Endowment for the Arts Grant - $50,000 - Pages: 14 - Sponsors: Mayor ### File 100015: Accept and Expend Grant - CDC Kenya-Monitoring and Evaluation - $48,837 - Pages: 14 - Sponsors: Dufty ### File 100016: Body Armor Prohibition - Pages: 14-15 - Sponsors: Chiu ### File 100017: Declaring January 10, 2010, Lee Mallory Day in San Francisco - Pages: 15 - Sponsors: Chiu ### File 100018: Extending the Term of Service for the Biodiesel Access Taskforce to December 31, 2010 - Pages: 15 - Sponsors: Mirkarimi ### File 100019: Accept and Expend Grant - Health Impact Assessment of Congestion Pricing Policy - $96,415 - Pages: 15 - Sponsors: Dufty ### File 100020: Penalties for Assaulting or Battering a Patrol Special Officer - Pages: 15 - Sponsors: Dufty ### File 100021: Acceptance of Real Property - Dearborn Street - Pages: 15-16 - Sponsors: Dufty ### File 100024: Bond Sale of San Francisco General Hospital Improvement Bonds - Not to Exceed $305,000,000 - Pages: 16 - Sponsors: Mayor ### File 100025: Bond Sale of Clean and Safe Neighborhood Parks General Obligation Bonds - Not to Exceed $65,000,000 - Pages: 16-17 - Sponsors: Mayor ### File 091457: Earthquake Safety and Emergency Response General Obligation Bonds - $652,070,000 - Pages: 17-18 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell ### File 100026: Hearing - Annulling the Privilege to Occupy Certain Subsurface Encroachments Along the Central Subway Alignment - Pages: 18 ### File 091475: General Plan Amendment - Market and Octavia Area Plan - Pages: 18 ### File 091476: Zoning Map Amendments - Market and Octavia Area Plan Historic Resource Survey Integration - Pages: 18-19 ### File 091477: Zoning Map Amendments - 1415 Mission Street Project at Mission and Tenth Streets - Pages: 19 ### File 091472: Agreement to Purchase a Road Easement Over Portions of APN 011-001-028 Located in Stanislaus County - Pages: 19 ### File 091473: Settlement of Department of Fair Employment and Housing Charge - Timothy Jones - $83,251.89 - Pages: 19 ### File 091474: Settlement of Claim - Devorah Joseph - $49,000 - Pages: 19 ### File 091478: CEQA Findings for SFPUC Sunol Valley Water Treatment Plant Project in Alameda County - Pages: 19-20 ### File 091479: Annulling the Privilege to Occupy Certain Subsurface Encroachments Along the Central Subway Alignment - Pages: 20-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/1966/2010-01-05-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 5, 2010 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting 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 105 Number 1 ### [Page 2](https://sfbos.info/documents/1966/2010-01-05-minutes#page-2) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Members Present: David Campos, David Chiu, Carmen Chu, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:10 p.m. On the call of the roll, Supervisors Alioto-Pier, Avalos, and Daly were noted absent. There was a quorum. Supervisors Alioto-Pier, Avalos, and Daly Excused from Voting Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that Supervisors Alioto-Pier, Avalos, and Daly be excused from voting. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly APPROVAL OF MEETING MINUTES Supervisor Dufty, seconded by Supervisor Mar, moved to approve the Board Meeting Minutes of October 27, 2009, November 3, 2009, November 10, 2009, November 17, 2009, November 17, 2009 (Special), November 24, 2009, December 8, 2009, and December 15, 2009. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly AGENDA CHANGES There were none. COMMUNICATIONS There were none. City and County of San Francisco Page 1 Printed at 11:25 am on 2/3/10 ### [Page 3](https://sfbos.info/documents/1966/2010-01-05-minutes#page-3) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 CONSENT AGENDA Recommendations of the Budget and Finance Committee 091336 [Public Employment - Amendment to the Annual Salary Ordinance FY 2009-2010 for the Department of the Environment] Sponsor: Mayor Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY 2009-2010) to reflect the addition of one position (.50 FTE) Class 5638 Environmental Assistant in the Department of the Environment. Ordinance No. 1-10 FINALLY PASSED 091368 [Accept and Expend Grant - American Recovery and Reinvestment Act of 2009 and Amendment to the Annual Salary Ordinance, FY 2009-2010 - $7,739,300] Sponsor: Mayor Ordinance authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $7,739,300 from the U.S. Department of Energy through the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) under the Energy Independence and Security Act of 2007 (Pub. L. 110-140; 42 U.S.C. 17151 et seq.) for the Municipal Building Energy Efficiency Retrofit, Community Resilience, and Heating Systems Programs, and amending Ordinance Number 183-09 to reflect the addition of one and seven-tenths (1.7) grant-funded positions at the Department of the Environment. Ordinance No. 2-10 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 091373 [Accept and Expend Grant - SF General Hospital Shuttle Bus Project - $100,245] Sponsor: Maxwell Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend a grant totaling $100,245 from the Bay Area Air Quality Management District to implement a shuttle service connecting San Francisco General Hospital and Mission Bay campuses with major transit hubs in San Francisco; for the period of January 15, 2010, through January 15, 2012. Resolution No. 4-10 ADOPTED City and County of San Francisco Page 2 Printed at 11:25 am on 2/3/10 ### [Page 4](https://sfbos.info/documents/1966/2010-01-05-minutes#page-4) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 091375 [Accept and Expend Grant - Southeast Health Opportunities - $450,000] Sponsors: Maxwell; Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant from the Substance Abuse and Mental Health Services Administration (SAMHSA) in the amount of $450,000 to assist with a project entitled “Southeast Health Opportunities (SHOP);” for the period of September 30, 2009, through September 29, 2010. Resolution No. 5-10 ADOPTED Recommendations of the Land Use and Economic Development Committee 090962 [Zoning - Amending the Citywide Definition of Tobacco Paraphernalia Establishments by Lowering the Threshold for Retail Stores to be Considered Tobacco Paraphernalia Establishments] Sponsor: Chiu Ordinance amending the Planning Code to 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 projected to the floor, whichever is less; amending Sections 790.123 and 890.123 to reflect this amended 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 non-conforming Tobacco Paraphernalia Establishment use to be deemed discontinued in the Polk Street Neighborhood Commercial District from three years to eighteen months, and making findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. Ordinance No. 3-10 FINALLY PASSED 091284 [Mission Bay - Park P21 Improvements] Ordinance designating a portion of State Trust Parcel 5 East of future Terry A. Francois Boulevard at future Mission Bay Boulevard for public open space and park purposes; naming the new park "Bayfront Park;" accepting and irrevocable offer for the acquisition facilities; designating said facilities to public open space and park purposes and accepting for maintenance responsibilities and liability purposes; adopting environmental findings and findings that such actions are consistent with the City's General Plan, priority policy findings of City Planning Code section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No.178,379 and authorizing official acts in connection with this Ordinance. (Public Works Department) Ordinance No. 4-10 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly City and County of San Francisco Page 3 Printed at 11:25 am on 2/3/10 ### [Page 5](https://sfbos.info/documents/1966/2010-01-05-minutes#page-5) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 REGULAR AGENDA UNFINISHED BUSINESS From the Clerk 091482 [Adopting Findings Related to Affirming the Exemption Determination Issued for the 2750 Vallejo Street Project] Motion adopting findings related to affirming the exemption determination by the Planning Department that the 2750 Vallejo Street project is exempt from environmental review. (Clerk of the Board) Motion No. M10-1 APPROVED by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly Recommendation of the Budget and Finance Committee 091354 [Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Department of Public Health] Sponsors: Avalos; Daly, Mirkarimi, Campos and Mar Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to add 236.42 FTEs in various job classes and delete 200.16 FTEs in various job classes for 11.8 pay periods (January 17, 2010, through June 30, 2010) and add 66.35 FTEs in various job classes and delete 66.35 FTEs in various job classes for 13.1 pay periods (January 1, 2010, through June 30, 2010) in the Department of Public Health. Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 12, 2010. The motion carried by the following vote: Ayes: 5 - Campos, Chiu, Dufty, Mar, Mirkarimi Noes: 3 - Chu, Elsbernd, Maxwell Excused: 3 - Alioto-Pier, Avalos, Daly City and County of San Francisco Page 4 Printed at 11:25 am on 2/3/10 ### [Page 6](https://sfbos.info/documents/1966/2010-01-05-minutes#page-6) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Recommendation of the Land Use and Economic Development Committee 090583 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units] Sponsors: Avalos; Campos, Mirkarimi and Mar 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 37.9 to provide an owner the option of giving additional notice in lieu of making relocation payments for owner move-in eviction of a newly covered single-family home or individually owned condominium, provided the tenant was initially given specified notice of this status (new Section 37.9(a)(8)(ix); 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. Supervisor Mar requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly NEW BUSINESS Recommendation of the City Operations and Neighborhood Services Committee 091330 [Urging the Department of Social Services to Immediately Reverse the Policy Excluding a Person with Any Felony Conviction from Serving as an In-Home Supportive Services Homecare Provider] Sponsors: Avalos; Mar, Dufty and Mirkarimi Resolution urging the Department of Social Services to immediately reverse the policy excluding a person with any felony conviction or serious misdemeanor from serving as an In-Home Supportive Services independent homecare provider. Resolution No. 2-10 Supervisor Mirkarimi requested to be added as a co-sponsor. ADOPTED by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly City and County of San Francisco Page 5 Printed at 11:25 am on 2/3/10 ### [Page 7](https://sfbos.info/documents/1966/2010-01-05-minutes#page-7) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Recommendations of the Land Use and Economic Development Committee 090319 [Zoning Ordinance Providing for a Five Feet Special Height Exception for Ground Floor Commercial Uses in NC-1 Designated Parcels] Sponsor: Avalos Ordinance amending the San Francisco Planning Code by amending Section 263.20 to provide for a special height exception for commercial ground floor uses in NC-1 designated parcels within the boundaries of Sargent Street to Orizaba Avenue to Lobos Street to Plymouth Avenue to Farellones Street to San Jose Avenue to Alemany Boulevard to 19th Avenue to Randolph Street to Monticello Street and back to Sargent Street; amending Section 710.1, to refer to this special height exception; adopting findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. PASSED, ON FIRST READING by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly 090835 [Residential Rent Ordinance Prohibiting Owner Move-In Evictions of Households with a Child Under the Age of 18, Except by an Owner Moving In with a Child and Except Where the Owner Only Owns One Unit in the Building] Sponsors: Mar; Chiu Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.9(j) to prohibit an owner move-in eviction where a child under the age of 18 resides in the unit with a tenant who has a custodial or family relationship with that child, and that tenant has resided in the unit for 12 months or more, except that this provision will not apply where there is only one unit owned by the landlord in the building or where the owner who will move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner; and renumbering current Section 37.9(j) as Section 37.9(k). (Supervisor Maxwell dissented in Committee.) Supervisor Mar, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly SPECIAL ORDER 3:30 P.M - Recognition of Commendations There were none. City and County of San Francisco Page 6 Printed at 11:25 am on 2/3/10 ### [Page 8](https://sfbos.info/documents/1966/2010-01-05-minutes#page-8) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 SPECIAL ORDER 4:00 P.M. 091345 [Public Hearing - Conditional Use Appeal for 1969 California Street] Hearing of persons interested in or objecting to decision of the Planning Commission by its Motion No. 17959 dated October 8, 2009, relating to the approval, subject to certain conditions, of a conditional use authorization (Case No. 2009.0639C), under Planning Code Sections 209.9 and 303 to allow the establishment of an art gallery and associated offices (d.b.a. Anthony Meier Fine Art Gallery) within a designated City Landmark, Landmark #260, the Tobin House, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District, on property located at 1969 California Street, Assessor's Block No. 0649, Lot No. 016. (District 5) (Appellant: Greg Scott on behalf of Pacific Heights Residents Association) (Clerk of the Board) (Filed 11/9/09 - Companion Measure to File Nos. 091346, 091347, 001348) The President inquired as to whether any member of the public wished to address the Board concerning the motion to continue the Conditional Use Appeal for 1969 California Street. Sam Lauder (Anthony Meier Fine Arts Gallery) spoke in support of a proposed continuance. There were no other speakers. The President continued the public hearing open to January 12, 2010. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly 091347 [Disapproving Planning Commission decision related to Conditional Use Appeal for 1969 California Street; Approving Conditional Use with additional conditions] 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly City and County of San Francisco Page 7 Printed at 11:25 am on 2/3/10 ### [Page 9](https://sfbos.info/documents/1966/2010-01-05-minutes#page-9) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 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 Maxwell, moved that this Motion be CONTINUED to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly COMMITTEE REPORTS 091015 [Reimbursement to City for Dignitary Security Provided During Campaign-Related Travel by Elected Officials] Sponsors: Mirkarimi; Campos, Avalos and Daly Ordinance adding a new Chapter 6 to Article III of the Campaign and Governmental Conduct Code, by adding sections 3.600, 3.605 and 3.610, to require City elective officers to reimburse the City for the cost of dignitary security provided by the City during travel for campaign-related activities or meetings. (Supervisor Alioto-Pier dissented in committee.) Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly ROLL CALL FOR INTRODUCTIONS PUBLIC COMMENT Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Ray Hart; expressed concerns relating to public comment. Francisco Da Costa; expressed various concerns. Walter Paulson; shared in song certain concerns with the Board. Mr. Lawrence; expressed concerns relating to public comment. Male Speaker; expressed various concerns. Male Speaker; expressed concerns relating to Muni and the Public Library. Nancy Cross; expressed concerns relating to Healthy San Francisco. Peter Warfield; expressed concerns relating to the SF Public Library. City and County of San Francisco Page 8 Printed at 11:25 am on 2/3/10 ### [Page 10](https://sfbos.info/documents/1966/2010-01-05-minutes#page-10) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 091466 [Revising the 2010 Board of Supervisors Regular Meeting Schedule] Motion revising the 2010 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 19, February 16, June 1, July 6, October 12, and November 30; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 11 through September 3, 2010, and December 15 through December 31, 2010. (Clerk of the Board) Motion No. M10-2 APPROVED 091471 [Final Map - 83 - 85 Brady Street] Motion approving Final Map 5548, a Six Residential Unit Condominium Project, located at 83 - 85 Brady Street being a subdivision of Lot 022 in Assessors Block No. 3505 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (District 6) (Public Works Department) Motion No. M10-3 APPROVED 091484 [Committee of the Whole - Annulling the Privilege to Occupy Certain Subsidewalk Basement Encroachments to Accommodate the Central Subway Project] Sponsor: Chiu Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on January 12, 2010, to hold a public hearing on File No. 091479, a resolution annulling the privilege to occupy certain subsidewalk basement encroachments along 4th, Ellis, Geary, Market, O'Farrell, and Stockon Streets to accommodate the construction of the Central Subway Project. Motion No. M10-4 APPROVED The foregoing items were acted upon by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly City and County of San Francisco Page 9 Printed at 11:25 am on 2/3/10 ### [Page 11](https://sfbos.info/documents/1966/2010-01-05-minutes#page-11) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File No. 091463 be severed so that it may be considered separately. 091463 [Calling on Congress to Pass Meaningful Healthcare Reform that Promotes a Holistic Approach to Women’s Health, Including Access to Reproductive Choice for All and a Robust Public Option] Sponsors: Daly; Mirkarimi, Campos, Avalos and Mar Resolution calling on Congress to pass meaningful healthcare reform that promotes a holistic approach to women’s health with access to reproductive choice for all and a robust public option; opposing the Stupak-Ellsworth-Pitts Amendment and an amendment proposed by Senator Ben Nelson that would limit reproductive choice; supporting a strong public option like that proposed by Senator John D. Rockefeller or Representative Raul Grijalva; urging the United States Senate to pass meaningful healthcare reform that ensures access to health services, including reproductive health; urging the US Senate to continue opposing the inclusion of anti-choice language in health care reform; encouraging conferees to remove the Stupak amendment and include a robust public option; and commending members of the California congressional delegation who supported a robust public option and opposed the restrictions on reproductive choice. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Resolution be CONTINUED to January 12, 2010. The motion carried by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 3 - Alioto-Pier, Avalos, Daly IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 100008 [Permit and License Fee Elimination] Sponsor: Chiu Ordinance amending San Francisco Business and Tax Regulations Code Sections 248 and 249.1, amending San Francisco Police Code Sections 2.26 and 2.27, and repealing San Francisco Police Code Sections 2.28 and 2.29, all to eliminate certain permit and license fees and revenue fees, while retaining any underlying permitting, licensing, and other substantive regulatory requirements. 01/05/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 2/4/2010. City and County of San Francisco Page 10 Printed at 11:25 am on 2/3/10 ### [Page 12](https://sfbos.info/documents/1966/2010-01-05-minutes#page-12) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 100009 [Acceptance of Streets and Roadway Structures for Maintenance and Liability Purposes] Sponsor: Dufty Ordinance accepting for maintenance and liability purposes the streets and roadway structures listed herein, subject to specified limitations and conditions, pursuant to California Streets and Highways Code Section 1806 and San Francisco Administrative Code Sections 1.51 et seq.; and approving Department of Public Works Order No. 178,355. 01/05/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/4/2010. 100022 [Accept and Expend Grant - Reentry Council and Amendment to the Annual Salary Ordinance, FY2009-2010 - $50,000] Sponsor: Maxwell Ordinance authorizing the Office of the Public Defender to accept and expend a grant in the amount of $50,000 from the San Francisco Foundation, to support the development of data collection tools and service standards for the new Reentry Council, and amending Ordinance No. 183-09 (Annual Salary Ordinance FY2009-2010), to reflect the addition of temporary salaries to fund one (1) temporary (.50 FTE) grant-funded 8173 Legal Assistant position in the Office of the Public Defender. 01/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100023 [Requiring that Census Workers be Allowed Access to Residential Hotels to Engage in Census Activities] Sponsor: Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Section 41D.4, to add a new goal to the Uniform Visitor Policy and any Supplemental Visitor Policies to ensure that census workers engaged in census activities are allowed access to Residential Hotels, and requesting the Rent Board to amend the Uniform Visitor Policy to incorporate this addition. 01/05/10; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 2/4/2010. City and County of San Francisco Page 11 Printed at 11:25 am on 2/3/10 ### [Page 13](https://sfbos.info/documents/1966/2010-01-05-minutes#page-13) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 091458 [Earthquake Safety and Emergency Response General Obligation Bond Election - $652,070,000] Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, June 8, 2010, for the purpose of submitting to San Francisco voters a proposition to incur the following bonded debt of the City and County: $652,070,000 to finance the construction, acquisition, improvement, and retrofitting of Neighborhood Fire and Police Stations, the Auxiliary Water Supply System, a Public Safety Building and a Forensic Sciences Center, and other critical infrastructure and facilities for earthquake safety and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants in accordance with Chapter 37 of the San Francisco Administrative Code; finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act ("CEQA") and adopting findings under CEQA, CEQA Guidelines, and San Francisco Administrative Code Chapter 31 for the remaining portion of the bond; finding that the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with the restrictions on the use of bond proceeds specified in Section 53410 of the California Government Code; incorporating the provisions of the San Francisco Administrative Code, Sections 5.30 - 5.36; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. (Fiscal Impact.) 12/15/09; RECEIVED AND ASSIGNED to Budget and Finance Committee. 01/05/10; SUBSTITUTED. 01/05/10; ASSIGNED to Budget and Finance Committee. Resolutions 100007 [Approving Central Subway Final Design Contract Package No. 2 - Stations - Not to Exceed $39,949,948] Sponsor: Chu Resolution approving Municipal Transportation Agency Contract No. CS-149, Program Management and Construction Management Services for the Central Subway Project with, a Joint Venture of Parsons Brinkerhoff, Inc., in an amount not to exceed $39,949,948 for a term not to exceed ten years with an option to extend the term an additional two years. (Fiscal Impact.) 01/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 12 Printed at 11:25 am on 2/3/10 ### [Page 14](https://sfbos.info/documents/1966/2010-01-05-minutes#page-14) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 100010 [Local Streets and Roads Needs Assessment] Sponsor: Dufty Resolution supporting the findings of the California Statewide Local Streets and Roads Needs Assessment. 01/05/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100011 [Accept and Expend Grant - HIV Prevention Programs - $512,960] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $512,960 from the California Department of Public Health Office of AIDS to assist with a project entitled “HIV Prevention Programs;” for the period of July 1, 2009, through June 30, 2010. 01/05/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100012 [Supporting the Youth PROMISE Act] Sponsors: Avalos; Mar Resolution supporting HR 1064 and SB 435, the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act. 01/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100013 [International Human Trafficking Day and Human Trafficking Awareness Month] Sponsors: Chu; Chiu Resolution supporting the San Francisco Collaborative Against Human Trafficking, International Human Trafficking Awareness Day and the month-long campaign to bring awareness to issue of human trafficking. 100014 [Accept and Expend Grant - National Endowment for the Arts Grant - $50,000] Sponsor: Mayor Resolution authorizing the San Francisco Arts Commission to accept and expend a grant in the amount of $50,000 from the National Endowment for the Arts for WritersCorps’ contracted teacher positions from the NEA’s ARRA funds. 100015 [Accept and Expend Grant - CDC Kenya-Monitoring and Evaluation - $48,837] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health (DPH) to accept and expend retroactively a grant in the amount of $48,837 from the Regents of the University of California, to assist with a project entitled “CDC Kenya-Monitoring and Evaluation;” for the period of November 1, 2009, through August 31, 2010. 100016 [Body Armor Prohibition] Sponsor: Chiu Resolution urging the Supreme Court to review Lower Court’s Ruling Overturning Ban on Felons Owning or Wearing Body Armor. City and County of San Francisco Page 13 Printed at 11:25 am on 2/3/10 ### [Page 15](https://sfbos.info/documents/1966/2010-01-05-minutes#page-15) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 100017 [Declaring January 10, 2010, Lee Mallory Day in San Francisco] Sponsor: Chiu Resolution Declaring January 10, 2010, Lee Mallory Day in San Francisco. 100018 [Extending the Term of Service for the Biodiesel Access Taskforce to December 31, 2010] Sponsor: Mirkarimi Resolution extending the term of service for the Biodiesel Access Taskforce to December 31, 2010. 100019 [Accept and Expend Grant - Health Impact Assessment of Congestion Pricing Policy - $96,415] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend a grant from the Robert Wood Johnson Foundation in the amount of $96,415 to assist with a project entitled Health Impact Assessment of Congestion Pricing Policy for the period of January 15, 2010, through January 14, 2011. 100020 [Penalties for Assaulting or Battering a Patrol Special Officer] Sponsor: Dufty Resolution encouraging the Chief of the San Francisco Police Department to consider imposition of increased potential penalties for individuals who commit assault or battery on a patrol special police officer. 01/05/10; RECEIVED AND ASSIGNED to Public Safety Committee. 100021 [Acceptance of Real Property - Dearborn Street] Sponsor: Dufty Resolution authorizing an agreement under which the San Francisco League of Urban Gardeners will transfer title to real property located on Dearborn Street (Lots 040 and 073, Block 3577), the use of which is restricted to a community garden; adopting findings that the conveyance is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, accept the deeds to property and take certain actions in furtherance of this Resolution. 01/05/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 14 Printed at 11:25 am on 2/3/10 ### [Page 16](https://sfbos.info/documents/1966/2010-01-05-minutes#page-16) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 100024 [Bond Sale of San Francisco General Hospital Improvement Bonds - Not to Exceed $305,000,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $305,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (San Francisco General Hospital Improvement Bonds, 2008), Series 2010A, and City and County of San Francisco General Obligation Bonds (San Francisco General Hospital Improvement Bonds, 2008), Series 2010C (Federally Taxable Build America Bonds); prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. (Fiscal Impact.) 01/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100025 [Bond Sale of Clean and Safe Neighborhood Parks General Obligation Bonds - Not to Exceed $65,000,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $65,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Clean and Safe Neighborhood Parks Bonds, 2008), Series 2010B, and City and County of San Francisco General Obligation Bonds (Clean and Safe Neighborhood Parks Bonds, 2008), Series 2010D (Federally Taxable Build America Bonds); prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; providing for the manner of sale of said bonds by competitive sale; approving the forms of official notice of sale and notice of intention to sell bonds; directing the publication of the notice of intention to sell bonds; approving the form of the preliminary official statement and the form and execution of the official statement relating to the sale of said bonds; approving the form of the continuing disclosure certificate; approving modifications to documents; ratifying certain actions previously taken; and granting general authority to city officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds. 01/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 15 Printed at 11:25 am on 2/3/10 ### [Page 17](https://sfbos.info/documents/1966/2010-01-05-minutes#page-17) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 091457 [Earthquake Safety and Emergency Response General Obligation Bonds - $652,070,000] Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell Resolution determining and declaring that the public interest and necessity demand the construction, acquisition, improvement, and retrofitting of Neighborhood Fire and Police Stations, the Auxiliary Water Supply System, a Public Safety Building and a Forensic Sciences Center, and other critical infrastructure and facilities for earthquake safety and the payment of related costs necessary or convenient for the foregoing purposes; finding that the estimated cost of $652,070,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act ("CEQA") and adopting findings under CEQA, CEQA Guidelines, and San Francisco Administrative Code Chapter 31 for the remaining portion of the proposed bond; finding the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code Section 2.34. 12/15/09; RECEIVED AND ASSIGNED to Budget and Finance Committee. 01/05/10; SUBSTITUTED. 01/05/10; ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 16 Printed at 11:25 am on 2/3/10 ### [Page 18](https://sfbos.info/documents/1966/2010-01-05-minutes#page-18) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Request for Hearing 100026 [Hearing - Annulling the Privilege to Occupy Certain Subsurface Encroachments Along the Central Subway Alignment] Hearing of persons interested in or objecting to proposed resolution annulling the privilege to occupy certain subsidewalk basement encroachments along 4th, Ellis, Geary, Market, O'Farrell, and Stockton streets to accommodate the construction of the Central Subway project. (Clerk of the Board) 01/05/10; ASSIGNED to Board of Supervisors. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 091475 [General Plan Amendment - Market and Octavia Area Plan] Ordinance amending the Market and Octavia Area Plan of the General Plan (an Area generally described as approximately one square mile surrounding the Market Street and Octavia Boulevard intersection) to amend the historic resource provisions of the Plan to integrate the results of the Historic Resource Survey by removing language calling for the Area Plan Level Survey, calling out new historic districts, replacing interim procedures for the review of projects that may affect historic resources with permanent review procedures for projects in historic districts; and adding a new design principle; amending the provisions related to alleys to include terminology consistent with other Area Plans; and making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of Planning Code Section 101.1. (Planning Department) 12/28/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/4/2010. 091476 [Zoning Map Amendments - Market and Octavia Area Plan Historic Resource Survey Integration] Ordinance amending the Zoning Map Sheets 7 and 7H of the City and County of San Francisco Planning Code to amend certain height and bulk districts within the Market and Octavia Area Plan to increase the heights of certain parcels and retain the current heights on other parcels, consistent with the findings of the Market and Octavia Area Plan Historic Resources Survey, specifically increasing heights on some parcels in the Upper Market Street Historic District (an area generally described as Market Street between Church and Noe Streets); and adopting environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1. (Planning Department) 12/28/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/4/2010. City and County of San Francisco Page 17 Printed at 11:25 am on 2/3/10 ### [Page 19](https://sfbos.info/documents/1966/2010-01-05-minutes#page-19) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 091477 [Zoning Map Amendments - 1415 Mission Street Project at Mission and Tenth Streets] Ordinance amending the Zoning Map of the City and County of San Francisco by amending Sectional Map 7 to change the use classification of the property located at 1415 Mission Street (Assessor's Block No. 3510, Lot No. 001) from C-M (Heavy Commercial) to C-3-G (Downtown General Commercial) and adopting General Plan, Planning Code Section 101.1, and environmental findings. (Planning Commission) 12/28/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/4/2010. PROPOSED RESOLUTIONS 091472 [Agreement to Purchase a Road Easement Over Portions of APN 011-001-028 Located in Stanislaus County] Resolution approving and authorizing an agreement for the purchase of a 0.48 acre permanent road easement over portions of Assessor's Parcel No. 011-001-028 located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $500; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) 12/28/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 091473 [Settlement of Department of Fair Employment and Housing Charge - Timothy Jones - $83,251.89] Resolution approving the settlement of the Department of Fair Employment and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC) charges filed by Timothy Jones against the City and County of San Francisco for $83,251.89; DFEH and EEOC charges were filed on November 13, 2008: DFEH Charge No. E200809A0330-00-pe and EEOC Charge No. 37AA904035 entitled Jones v. CCSF. (City Attorney) 12/28/09; RECEIVED AND ASSIGNED to Rules Committee. 091474 [Settlement of Claim - Devorah Joseph - $49,000] Resolution approving the settlement of the unlitigated claim filed by Devorah Joseph against San Francisco for $49,000; claim was filed on July 28, 2008; additional material terms of said settlement are a full and final release. (City Attorney) 12/28/09; RECEIVED AND ASSIGNED to Rules Committee. 091478 [CEQA Findings for SFPUC Sunol Valley Water Treatment Plant Project in Alameda County] Resolution adopting findings under the California Environmental Quality Act (CEQA) including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Sunol Valley Water Treatment Plant and Treated Water Reservoir Project, Water System Improvement (WSIP)-funded Project No. CUW38101; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) 12/28/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 18 Printed at 11:25 am on 2/3/10 ### [Page 20](https://sfbos.info/documents/1966/2010-01-05-minutes#page-20) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 091479 [Annulling the Privilege to Occupy Certain Subsurface Encroachments Along the Central Subway Alignment] Resolution annulling the privilege to occupy certain subsidewalk basement encroachments along 4th, Ellis, Geary, Market, O'Farrell, and Stockton Streets to accommodate the construction of the Central Subway Project. (Municipal Transportation Agency) 12/28/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 01/05/10; REFERRED TO BOARD SITTING AS A COMMITTEE OF THE WHOLE. City and County of San Francisco Page 19 Printed at 11:25 am on 2/3/10 ### [Page 21](https://sfbos.info/documents/1966/2010-01-05-minutes#page-21) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 Requests Granted From: Supervisor Dufty To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation that exempts any car sharing company from paying parking tax in the City and County of San Francisco for the spots or stalls that are used/reserved by the car sharing company. The City Attorney’s office should work with the Office of the Treasurer on this request. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following location: Intersection Webster and Grove, North 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 utility poles at the following locations: Wood Poles Northwest corner Oak and Buchanan Southeast Page and Fell Metal Poles Northeast corner Geary and Scott In front of 943 Haight In front of 909 Haight Southeast corner Post and Steiner Southeast corner Page and 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 at the following private property locations: 1756 Fillmore 600 Oak 447 Fillmore 330 Fillmore 525 Haight 533 Haight 485 Scott 1035 Haight 1055 Haight 573 Haight 699 Haight 499 Haight 800 Haight, on the Scott Street side 601 Haight 542 Haight 55 Laguna, on the Haight Street side 485 Haight 1775 Haight 1631 Haight City and County of San Francisco Page 20 Printed at 11:25 am on 2/3/10 ### [Page 22](https://sfbos.info/documents/1966/2010-01-05-minutes#page-22) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 1556 Haight 1529 Haight 1301 Haight 955 Haight 799 Haight 587 Haight, on the West side of building 250 Laguna 1002 Scott, backside of building 600 Divisadero 507 Haight 741 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 the public property at the following locations: Utility Boxes Northwest corner Turk and Webster Northeast corner 7th Avenue and Irving Southeast corner Laguna and Fell In front of 848 Webster Bus Shelters Southeast corner Geary and Laguna Southwest corner Buchanan and Haight Northeast corner Pierce and Hayes Southwest corner Stanyan and Oak On Haight near Stanyan, North side of street Southeast Haight and Divisadero Southeast corner Geary and Scott Southeast corner Buena Vista East and Haight Fillmore and Haight (all 4 bus stops, graffiti and grime) 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 Northeast corner Buena Vista West and Haight Southwest corner Haight and Buena Vista East Southwest corner Haight and Buchanan Southwest and Northeast corners Fillmore and Waller Southwest corner Grove and Gough Northwest corner Fillmore and Haight Mailboxes Northeast corner Fell and Buchanan Northeast corner McAllister and Scott 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: City and County of San Francisco Page 21 Printed at 11:25 am on 2/3/10 ### [Page 23](https://sfbos.info/documents/1966/2010-01-05-minutes#page-23) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes and sidewalk issues at the following location: Intersection Webster and Grove, North side of street. In Memoriams Jeanette Scola Trapani – Entire Board Sgt. David H. Gutierrez – Entire Board John Philbrook – Supervisor Dufty Elbert Rose – Supervisor Elsbernd Annabelle Thomas – Supervisor Elsbernd Robert H. Bodeman – Supervisor Chiu Joseph Peter Tarantino – Supervisor Dufty Veronica F. Mahoney – Supervisor Dufty City and County of San Francisco Page 22 Printed at 11:25 am on 2/3/10 ### [Page 24](https://sfbos.info/documents/1966/2010-01-05-minutes#page-24) Board of Supervisors Meeting Minutes Tuesday, January 5, 2010 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:17 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 February 2, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 23 Printed at 11:25 am on 2/3/10