# Board of Supervisors Agenda: February 2, 2010

- Meeting date: 2010-02-02
- Document type: agenda
- Source format: PDF
- Extracted pages: 22
- [Canonical HTML transcript](https://sfbos.info/documents/1971/2010-02-02-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG020210.pdf)

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

## Extracted text

### [Page 1](https://sfbos.info/documents/1971/2010-02-02-agenda#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO
 AGENDA

 Legislative Chamber, Room 250
 City Hall, 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689
 Tuesday, February 2, 2010 - 2:00 PM
 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
 Agendas of the Board of Supervisors are available on the internet at www.sfgov.org/bos

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

 City and School District Select Committee 1st and 3rd Thursday
 Supervisors Dufty, Alioto-Pier, Daly, Fewer, Kim, Mendoza 3:30 PM

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

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mar, Chu, 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, Dufty 10:00 AM

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

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

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Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The
Board has several standing Committees where ordinances and resolutions are the subject of hearings
at which members of the public are urged to testify. The full Board does not hold a second public
hearing on measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience at a Committee meeting to vocally
express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing
and use of cell phones, pagers, and similar sound-producing electronic devices; 3) signs to be
brought into the meeting or displayed in the room; 4) standing in the meeting room.
Citizens are encouraged to testify at Committee meetings and to write letters to the Clerk of a
Committee or to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco,
CA 94102.
USING LAPTOP COMPUTERS FOR PRESENTATIONS: Please contact City Hall Media Services
at (415) 554-4933 to coordinate the use of laptop computers for presentations at the meeting.
Computers to be used are required to be tested in advance. The presenter should arrive 30 minutes
prior to the meeting to connect and test their computer.
THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL, ROOM 244,
RECEPTION DESK. Agendas are available on the internet at www.sfgov.org/site/bos_meetings
Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415)
554-4188.
Requests for language interpreters at a meeting must be received at least 48 hours in advance of the
meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPAÑOL: La solicitud para un traductor en una reunion debe recibirse antes de
mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

 Disability Access

 The Legislative Chamber and the Committee Room in City Hall are wheelchair accessible.
 Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive
listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's
Office, Room 244. Assistive listening devices for the Committee Room are available upon request at
the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language
interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli
at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the
meeting will help to ensure availability.

 The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible
MUNI Metro lines are the F, 5, 21, 47, 49, 71, 71L, J, K, L, M, N, T (exit at Van Ness Station).
MUNI bus lines also serving the area are the 6, 7, and 9 San Bruno. For more information about
MUNI accessible services, call (415) 701-4485.

 There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies
Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B.
Goodlett Place and Grove Street.

 In order to assist the City’s efforts to accommodate persons with severe allergies, environmental
illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded
that other attendees may be sensitive to perfumes and various other chemical-based scented products.
Please help the City to accommodate these individuals.

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Know Your Rights Under The Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public.
Commissions, boards, councils and other agencies of the City and County exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the people and that
City operations are open to the people's review.
 For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance
Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415)
554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
 Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San
Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine

 Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220,
San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
www.sfgov.org/ethics

 Agenda Item Information

Each item on the Consent or Regular agenda may include the following documents:
 1) Legislation
 2) Budget Analyst report
 3) Legislative Analyst report
 4) Department or Agency cover letter and/or report
 5) Public correspondence
These items will be available for review at City Hall, Room 244, Reception Desk on the Friday
preceding a regularly scheduled Board meeting.

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 APPROVAL OF MEETING MINUTES
 Approval of the January 5, 2010, Board Meeting Minutes.

 AGENDA CHANGES

 COMMUNICATIONS

 CONSENT AGENDA
 All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
 Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
 discussion of these items unless a member of the Board so requests, in which event the matter shall be
 removed from the Consent Agenda and considered as a separate item.

 Items 1 through 19

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Mirkarimi, Chu

1. 091447 [Ordinance Levying Special Taxes Within Special Tax District No. 2009-1 San
 Francisco Sustainable Financing]
 Sponsors: Mayor; Mar and Dufty
 Ordinance to authorize and levy special taxes within the City and County of San
 Francisco Special Tax District 2009-1 (San Francisco Sustainable Financing); authorize
 the Director of Public Finance to determine the special tax rate and amount to be levied
 each fiscal year; to establish the method for the collection of special taxes and other
 matters necessary or advisable in connection therewith.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 Present: Supervisors Avalos, Mirkarimi, Chu

2. 091464 [Early Implementation of Two-Year Budget and Five-Year Financial Plan
 Requirements]
 Sponsors: Mayor; Chiu and Mirkarimi
 Ordinance designating the Port, the Airport, and the Public Utilities Commission for early
 implementation of the two-year budget requirement under Charter Section 9.100 and the
 five-year financial plan requirement under Charter Section 9.119.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Present: Supervisors Avalos, Mirkarimi, Elsbernd

3. 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.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 100074 [Accept and Expend Grant - PG&E Efficiency Contract - $11,540,000]
 Sponsor: Mayor
 Resolution retroactively authorizing the Department of the Environment to accept and
 expend a grant in the amount of $11,540,000 from the California Public Utilities
 Commission, through Pacific Gas and Electric Company, to implement an Energy Use
 and Demand Reduction Through Energy Efficiency Program in the City and County of
 San Francisco.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 Recommendations of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Elsbernd

5. 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.

 Question: Shall this Resolution be ADOPTED?

6. 100042 [Accept and Expend Grant - Supporting HIV Health Services - $3,533,612]
 Sponsor: Alioto-Pier
 Resolution authorizing the San Francisco Department of Public Health to accept and
 expend retroactively a grant in the amount of $3,533,612 from the California Department
 of Public Health Office of AIDS, to assist with a project entitled "Single Allocation Model"
 for the period of July 1, 2009, through June 30, 2010.

 Question: Shall this Resolution be ADOPTED?

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

7. 091162 [Purchaser's Authority to Permit Informal Solicitation of Certain Contracts for
 Purchase of Goods or Services and to Set Aside Contracts for Small Local
 Businesses]
 Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos
 Ordinance amending Administrative Code section 21.5 to allow Purchaser to permit
 informal solicitation for contracts for commodities and services up to $100,000 and for
 those contracts utilizing federal grant funds where authorized and to update Purchaser's
 authority to set aside contracts for local small businesses.
 10/20/2009; SUBSTITUTED.

 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

8. 091163 [Economic Stimulus Measures for Capital Project Acceleration]
 Sponsors: Chu; Chiu, Maxwell, Mayor, Dufty, Mirkarimi and Campos
 Ordinance amending Administrative Code Chapter 6, Public Works Contracting Policies
 and Procedures, Section 6.1, to add a definition for a department head and designee and
 to increase the threshold amount for sealed competitively bid construction contracts from
 $100,000 to $400,000 with a future increase by the Controller in 2015; amending Section
 6.20, to update and conform references to Administrative Code Chapter 14B; amending
 Section 6.21, to update and conform references to Administrative Code Chapter 14B;
 amending Section 6.22(A), to clarify and conform to state law the minimum contract
 amount requiring performance and payment bonds to $25,000; amending Section
 6.22(J), to allow for early release of retention to subcontractors certified by the Human
 Rights Commission as Local Business Enterprises or subcontractors on multi-year
 construction projects; amending Section 6.40, to increase the minimum competitive
 amount for the procurement of professional services for public work projects from
 $25,000 to $100,000 with a future increase in 2015 by the Controller; amending Section
 6.60 to update and conform references to the Municipal Transportation Agency;
 amending Section 6.62, Job Order Contracts, to amend the Local Business Enterprise
 goal enforcement procedure and allow for micro-LBE set-asides, to increase the
 maximum contract amount from $3,000,000 to $5,000,000 and the maximum contract
 time to five years, to increase the maximum service order amount from $200,000 or
 $400,000 (depending on the program) to $400,000 for all purposes, and adding new
 subcontractor listing and subcontractor substitution requirements.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

9. 091404 [Procedures to Attain Local Business Enterprise Subcontracting Goals for
 Design-Build and Integrated Project Delivery Contracts]
 Sponsors: Chiu; Mayor, Dufty, Mirkarimi, Campos and Chu
 Ordinance amending Administrative Code Chapter 14B, Local Business Enterprise, and
 Non-Discrimination in Contracting Ordinance, to add a new Section 14B.19 establishing
 uniform procedures to attain project LBE goals for design-build and integrated project
 delivery contracts.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

10. 091405 [Local Business Enterprise and Non-Discrimination in Contracting Ordinance]
 Sponsors: Chiu; Chu, Maxwell, Mayor, Dufty, Mirkarimi and Campos
 Ordinance amending the San Francisco Administrative Code by amending Sections
 14B.2, 14B.3, 14B.7, 14B.8, 14B.13 and 14B.15 to (1) each fiscal year, require
 departments to set aside not less than 50% of public works/construction contracts worth
 $400,000 or less and to establish a goal to set aside not less than 25% of other contracts
 worth $100,000 or less for the Micro-Local Business Enterprise Set Aside Program, but
 the 25% goal shall become a requirement after 120 days, (2) permit departments to
 designate public works/construction Job Order Contracts, without limitation as to dollar
 value, as set aside for the Micro-Local Business Enterprise Set Aside Program in order
 to satisfy the department's 50% requirement, (3) require departments to report quarterly
 during the year 2010 and thereafter yearly to the Board of Supervisors on the contracts
 set aside for the Micro-Local Business Enterprise Set Aside Program, and to cooperate
 with HRC's requests for information to fulfill its reporting requirements, and (4) require
 Micro - LBEs that subcontract any portion of a set-aside contract to perform at least 25%
 of the contract work, (5) create a SBA-LBE category, in addition to the Small and
 Micro-LBE categories, that gives contractors with income set with reference to Small
 Business Administration limits a bid preference of 2% on contracts between $400,000
 and $20 million, except that in the case of contracts $10 million and under, the 2%
 discount shall not apply if a Small or Micro-LBE would otherwise be the winning bidder or
 proposer, and (6) provide that subcontracting participation goals may be satisfied only
 with Small and Micro-LBEs, except that if there are insufficient Small and Micro-LBEs
 available, the HRC Director may set goals based on the availability of all LBEs and
 permit contractors to satisfy those goals with SBA-LBEs, in addition to Small and Micro
 LBEs, or set separate goals for Small and Micro-LBEs and SBA LBEs, (7) contractors
 who achieve total LBE participation on a bid or proposal in excess of 35% of their
 established LBE subcontracting participation goals are to be exempt from satisfying good
 faith outreach requirements, and (8) total LBE participation on a bid or proposal is to be
 calculated using only Micro and Small-LBE contractors, joint venture partners and
 subcontractors and subconsultants, except that SBA-LBE subcontractors and
 subconsultants may be counted if the Director has established subcontracting goals for
 them on the contract.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Daly

11. 091233 [Administrative Code Amendments Related to False Claims]
 Sponsor: Alioto-Pier
 Ordinance amending Administrative Code Sections 6.22, 6.42, and 21.35 to clarify that
 the false claims provisions of Chapters 6 and 12 are statutory rather than contractual and
 to eliminate the requirement that such provisions be incorporated into public works
 contracts or professional services contracts.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

12. 091381 [Settlement of Lawsuit - Marco Maestrini - $40,000]
 Ordinance authorizing settlement of the lawsuit filed by Marco Maestrini against the City
 and County of San Francisco for $40,000; the lawsuit was filed on June 6, 2007, in the
 United States District Court for the Northern District of California, Case No. C07-02941
 PJH; entitled Marco Maestrini, et al., v. City and County of San Francisco, et al. (City
 Attorney)
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

13. 091382 [Settlement of Lawsuit - Ben H. Lyon - $47,500]
 Ordinance authorizing settlement of the lawsuit filed by Ben H. Lyon against the City and
 County of San Francisco for $47,500; the lawsuit was filed on May 9, 2007, in San
 Francisco Superior Court, Case No. 463-228; entitled Ben H. Lyon, et al. v. City and
 County of San Francisco, et al. (City Attorney)
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

14. 091383 [Settlement of Lawsuit - Glynis Senegal and Joseph Senegal - $158,000]
 Ordinance authorizing settlement of the lawsuit filed by Glynis Senegal and Joseph
 Senegal against the City and County of San Francisco for $158,000; the lawsuit was filed
 on May 5, 2006, in San Francisco Superior Court, Case No. 451-969; entitled Glynis
 Senegal and Joseph Senegal v. City and County of San Francisco, et al. (City Attorney)
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

15. 091387 [Settlement of Lawsuit - San Franciscans for Livable Neighborhoods -
 $141,692.50]
 Ordinance authorizing settlement of the lawsuit filed by San Franciscans for Livable
 Neighborhoods against the City and County of San Francisco for $141,692.50 for
 attorneys’ fees; the lawsuit was filed on November 30, 2004, in San Francisco Superior
 Court, Case No. 504-780; entitled San Franciscans for Livable Neighborhoods v. City
 and County of San Francisco, et al.; other material terms of said settlement are that
 payment is to be made in two equal installments, one in calendar year 2010, one in
 calendar year 2011.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

16. 091403 [Inclusion of Textiles in Sweatfree Contracting Ordinance]
 Sponsors: Campos; Mar
 Ordinance adding Section 12U.5.1 of the Administrative Code to provide that contracts
 for textiles are within the coverage of the Sweatfree Contracting Ordinance.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

17. 091446 [Modifying the Membership of the Food Security Task Force]
 Sponsor: Maxwell
 Ordinance amending the San Francisco Health Code by amending Section 470.1, to
 modify the membership of the Food Security Task Force and to direct the Task Force to
 prepare an annual assessment of the state of hunger and food insecurity in San
 Francisco, and by amending Section 470.2, to extend the term of the Task Force.
 01/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

18. 100037 [Appointment, Small Business Commission - Kathleen Dooley]
 Motion appointing Kathleen Dooley, term ending January 6, 2014, to the Small Business
 Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

19. 100038 [Appointments, San Francisco Health Authority - John Gressman, Tracey
 Faulkner and Steve Fields]
 Motion appointing John Gressman, Tracey Faulkner and Steve Fields terms ending
 January 15, 2012, to the San Francisco Health Authority. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
 indicated:______________________________________________

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

 Vetoed by the Mayor
 Consideration of the Mayor's veto pursuant to Charter Section 2.106 of an Ordinance
 amending the San Francisco Administrative Code Chapter 37 concerning just cause
 eviction protections for tenants in most residential rental units with a certificate of
 occupancy issued after June 13, 1979.

20. 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.

 NOTE: This action requires two-thirds vote. The Board may not amend the ordinance
 and may only vote in favor or in opposition to the veto override.
 The Board of Supervisors must act on the veto override within 30 days of the date of the
 veto. The Mayor vetoed the Ordinance on January 22, 2010. Therefore, the Board will
 lose the ability to override the veto unless it votes on the veto override on or before
 Sunday, February 21, 2010.
 12/08/2009; PASSED ON FIRST READING.

 12/15/2009; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 12/15/2009; PASSED ON FIRST READING AS AMENDED.

 01/05/2010; CONTINUED ON FINAL PASSAGE.

 01/12/2010; DUPLICATED. See File No. 100039.

 01/12/2010; FINALLY PASSED.

 Action:___________________________

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 Recommendation of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi

 21. 100065 [Appropriation Ordinance to Reflect Mayor’s Budget Balancing Plan for
 FY2009-2010]
 Sponsor: Mayor
 Ordinance appropriating $10,193,602 of sources and $4,556,230 of uses and
 de-appropriating $1,444,829 of sources and $30,908,851 of uses in various departments
 consistent with the Mayor’s Proposed Budget Balancing Plan for Fiscal Year 2009-2010,
 de-appropriating $1,444,458 of General Fund Reserve, and de-appropriating
 $35,680,341 of General Fund Unallocated revenues to balance the projected shortfall for
 FY2009-2010.

 (Fiscal Impact.)
*** Link to amended packet material ***
 01/26/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 01/26/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendations of the Government Audit and Oversight Committee
 Present: Supervisors Mar, Maxwell

 22. 091218 [MOU, Amendment #2 - Local 798, Unit 1]
 Sponsor: Mayor
 Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of
 Understanding between the City and County of San Francisco and the San Francisco
 Firefighters, Local 798, Unit 1, by extending the term of the parties’ agreement through
 June 30, 2012, and by implementing specified terms and conditions of employment for
 FY's 2009-2010 and 2010-2011.
 01/26/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 23. 091219 [MOU, Amendment #2 - Local 798, Unit 2]
 Sponsor: Mayor
 Ordinance adopting and implementing Amendment #2 to the 2007-2011 Memorandum of
 Understanding between the City and County of San Francisco and the San Francisco
 Firefighters, Local 798, Unit 2, by extending the term of the parties’ agreement through
 June 30, 2012, and by implementing specified terms and conditions of employment for
 FY's 2009-2010 and 2010-2011.
 01/26/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

 24. 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
 during the school year 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 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.)
 01/05/2010; CONTINUED ON FIRST READING.

 01/12/2010; CONTINUED ON FIRST READING.
*** Link to amended packet material *** 01/26/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 01/26/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendation of the Rules Committee
 Present: Supervisors Campos, Daly

 25. 091402 [Medical Cannabis Task Force]
 Sponsors: Campos; Mirkarimi, Avalos and Daly
 Ordinance amending the San Francisco Administrative Code by adding Sections 5.2-1
 through 5.2-6, to establish a Medical Cannabis Task Force to advise the Board of
 Supervisors on medical cannabis issues.
*** Link to amended packet material ***
 01/26/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

 01/26/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 NEW BUSINESS

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

26. 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.

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

27. 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.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

28. 100049 [Accept and Expend Grant - Protocol for ENERGYSTAR and Amendment to
 the Annual Salary Ordinance, FY2009-2010 - $80,000]
 Sponsor: Dufty
 Ordinance authorizing the Department of the Environment to accept and expend a grant
 in the amount of $80,000 from the US Environmental Protection Agency-Region 9 to
 research and develop a new protocol for ENERGYSTAR in Multifamily High-rise
 residential and mixed-use buildings and amending Ordinance Number 183-09 to reflect
 the addition of one (1) grant funded position at the Department of the Environment.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 From the Budget and Finance Committee Without Recommendation
 Present: Supervisors Avalos, Mirkarimi, Chu

29. 091454 [MOU - San Francisco Deputy Sheriffs’ Association - Unit 12A]
 Sponsor: Mayor
 Ordinance adopting and implementing the Memorandum of Understanding between the
 City and County of San Francisco and the San Francisco Deputy Sheriffs’ Association for
 Unit 12A, to be effective July 1, 2009, through June 30, 2012.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

30. 091455 [MOU - San Francisco Deputy Sheriffs’ Association - Unit 12B]
 Sponsor: Mayor
 Ordinance adopting and implementing the Memorandum of Understanding between the
 City and County of San Francisco and the San Francisco Deputy Sheriffs’ Association for
 Unit 12B, to be effective July 1, 2009, through June 30, 2012.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendation of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Elsbernd

31. 091441 [Recreation and Park Department - Animal Protections; Increasing Penalties
 for Park Code Violations]
 Sponsor: Elsbernd
 Ordinance amending the San Francisco Park Code by amending Section 4.01 to prohibit
 entrance into animal habitats or enclosures at the San Francisco Zoo and the bison
 paddock; amending Section 5.07 to prohibit feeding non-domesticated animals in parks;
 amending Section 5.08 to prohibit taunting or endangering animals at the Zoo or in the
 bison paddock; and amending Section 10.01 to increase the penalties for violation of the
 Park Code up to $500 maximum for an infraction and up to $1000 for a misdemeanor.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

32. 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)

 Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

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

 COMMITTEE REPORTS
 Reports from committees, if any, recommending emergency or urgent measures.

 The following item will be considered by the Rules Committee at a Special Meeting on
 Thursday, January 28, 2010, at 10:00 a.m. The Chair intends to request the Committee
 to send the following item to the Board as a committee report on Tuesday, February 2,
 2010.

** Added as of 01/29/10 ** (Pursuant to the provisions of Rule 2.28.7 of the Board's Rules of Order, at least six days
 must intervene between the first appearance of a proposed Charter Amendment before
 the Board as a referral from committee and any Board order of submission to the
 electorate. In accordance therewith consideration of the following proposed Charter
 Amendment appropriately may be continued and considered at least one week prior to
 submission to the electorate.)

 33. 091429 [Establishing a Film Commission, its Membership, Qualifications, and
 Powers]
 Sponsors: Alioto-Pier; Daly, Campos and Mar
 Charter Amendment (Second Draft) to amend the Charter of the City and County of San
 Francisco by adding Section 5.107 to establish a Film Commission, establish its
 membership and qualifications, establish duties, and provide for the issuance of film
 permits.

 Question: Shall this Charter Amendment be SUBMITTED?

 The following item will be considered by the Land Use and Economic Development
 Committee at a Regular Meeting on Monday, February 1, 2010, at 1:00 p.m. The Chair
 intends to request the Committee to send the following item to the Board as a committee
 report on Tuesday, February 2, 2010.

 34. 100047 [Planning Code - Interim Controls Related to Affordable Housing
 Requirements]
 Sponsors: Mayor; Chiu
 Resolution approving interim controls providing that the alternatives provided to project
 applicants of residential development under Planning Code Section 315 et seq. shall,
 except for certain eligible projects, be suspended and replaced by an interim affordable
 housing fee that is equivalent to the current in lieu fee and amending the housing
 requirements for residential projects in the Rincon Hill Area Plan for 18 months or until a
 permanent ordinance amending Planning Code Section 315 et seq. is adopted; and
 making findings of consistency with the priority policies of Planning Code Section 101.1
 and environmental findings.

 Question: Shall this Resolution be ADOPTED?

 ROLL CALL FOR INTRODUCTIONS
 Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of
 inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 PUBLIC COMMENT
 An opportunity for members of the public to directly address the Board on items of interest to the public
 that are within the subject matter jurisdiction of the Board, including items being considered today which
 have not been considered by a Board committee and excluding items which have been considered by a
 Board committee. Members of the public may address the Board for up to three minutes. Each member
 of the public will be allotted the same number of minutes to speak, except that public speakers using
 translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If
 simultaneous translation services are used, speakers will be governed by the public testimony time limit
 applied to speakers not requesting translation assistance. The President or the Board may limit the total
 testimony to 30 minutes.

 Members of the public who want a document placed on the overhead for display should clearly state such
 and subsequently remove the document when they want the screen to return to live coverage of the
 meeting.

 FOR ADOPTION WITHOUT COMMITTEE REFERENCE
 These measures were introduced for adoption without committee reference. A unanimous vote is
 required for adoption of these resolutions today. Any Supervisor may require any resolution to go
 to committee.

 Items 35 through 40

35. 100106 [Supporting the Department of Public Works Accreditation Efforts]
 Sponsor: Dufty
 Resolution supporting the Department of Public Works’ application to the American
 Public Works Association for accreditation.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

36. 100107 [Declaring February 5, 2010, as Joe Illick Day in San Francisco]
 Sponsor: Dufty
 Resolution declaring February 5, 2010, as Joe Illick Day in San Francisco.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

37. 100108 [Commending the Obama Administration for the Granting of Temporary
 Protected Status to Haitians Living in the United States]
 Sponsors: Campos; Avalos and Chiu
 Resolution commending the Obama Administration for granting temporary protected
 status to Haitians in the United States, and directing the Clerk of the Board to send a
 letter of support to President Obama, Secretary Napolitano, Speaker Pelosi, Senator
 Feinstein, and Senator Boxer.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

38. 100109 [In Solidarity With the Workers of the Mexican Electricians Union]
 Sponsor: Avalos
 Resolution urging President Felipe Calderon and the Mexican Federal Government to
 immediately re-instate the workers of the Mexican Electricians Union and remove all
 military and police personnel from the occupied Mexican power plants.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

39. 100110 [Declaring February 1 - 7, 2010, as Larry Brinkin Week in the City and County
 of San Francisco]
 Sponsor: Dufty
 Resolution declaring February 1 - 7, 2010, as Larry Brinkin Week in the City and County
 of San Francisco.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

40. 100111 [Urging Congress and President Obama to Increase California's Federal
 Medical Assistance Percentage by Renewing Federal Stimulus Funds]
 Sponsor: Avalos
 Resolution urging Congress and President Obama to increase California's Federal
 Medical Assistance Percentage by renewing federal stimulus funds.
 01/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 41. IMPERATIVE AGENDA
 Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
 Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
 must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
 Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
 required for the resolution(s).

 [Serious Injury Finding]
 Motion that the Board find that for the resolution(s) being considered at this time "the need to take
 action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
 meeting."

 [Purely Commendatory Finding]
 Motion that the Board find that the resolution(s) being considered at this time are purely
 commendatory.

 [Brown Act Finding]
 Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
 is a need to take immediate action. The need to take action came to the attention of the City and
 County of San Francisco after the agenda was posted.

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED RESOLUTION
** Added as of 01/29/10 ** Proposed resolutions received from January 16, 2010, to January 25, 2010, for reference
 by President to appropriate committee on February 2, 2010.

 100085 [Settlement of Unlitigated Claim - Patricia Geary - $80,000]
 Resolution approving the settlement of the unlitigated claim filed by Patricia Geary
 against the City and County of San Francisco for $80,000; claim was filed on September
 18, 2009. (City Attorney)
 01/21/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 100114 [Petitions and Communications]
 Petitions and Communications received from January 19, 2010, through January 25,
 2010, for reference by the President to Committee considering related matters or to be
 ordered filed by the Clerk on February 2, 2010.

 From the Asian Firefighters Association, submitting opposition to the proposed Charter
 Amendment that eliminates the 48.7 hour limit on the work week for firefighters. File No.
 090606, Copy: Each Supervisor (1)

 From Emerald Spear, regarding the next Earth Summit in Brazil in 2012. (2)

 From Office of the Mayor, submitting notice that Mayor Newsom will be out of state from
 January 23, 2010, until January 24, 2010. Copy: Each Supervisor, City Attorney (3)

 From Police Commission, requesting the Board of Supervisors to urge the state
 lawmakers to do all things necessary to ensure that violent felons are prohibited from
 wearing body armor. Copy: Each Supervisor, City Attorney (4)

 From Office of the Mayor, submitting letter vetoing ordinance that extends “just cause”
 eviction protections for tenants in most residential rental units with a certificate of
 ocupancy issued after June 13, 1979, and that are not currently under rent control. File
 No. 090583, Copy: Each Supervisor, City Attorney (5)

 From Office of the Controller, submitting recommendations for improved streetscape
 project planning, design, review, and approval. Copy: Each Supervisor (6)

 From Ajay Martin, submitting opposition to Muni’s plan to cut service and raise fares. (7)

 From Howard Chabner, regarding the North Beach branch library. (8)

 From Office of the Controller, submitting Quarterly Review of the Schedule of Cash,
 Investments, and Accrued Interest Receivable as of March 31, 2009. Copy: Each
 Supervisor (9)

 From Office of the Controller, regarding the extension of gross receipts taxes to the
 Presidio and other federal enclaves within San Francisco. (Reference No.
 20091208-001) (10)

 From Ethics Commission, submitting the efficiency plan for FY2010-2013. (11)

 From Office of the Controller, submitting report concerning the audit of franchise fee
 payments Comcast of California made to the City and County of San Francisco to
 operate a cable television system. Copy: Each Supervisor (12)

 From Ms. Wells, submitting opposition to the Sanctuary law in San Francisco. (13)

 From Andre Morand, expressing his concern about Walgreen’s selling alcohol. (14)

 From Office of the Clerk of the Board, submitting Form 700 Statement of Economic
 Interests for Stanton Jones - leaving. (15)

 From Kimo Crossman, regarding the transfer tax in San Francisco. (16)

 From Department of Animal Control, submitting request for waiver of Administrative
 Code Chapter 12B for Bayer Healthcare. (17)

 From Denae Green, announcing the 30th Anniversary of Black Cuisine on March 6,
 2010. (18)
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Board of Supervisors Meeting Agenda Tuesday, February 2, 2010

 From Office of the Mayor, submitting appointment of Mark Burell, Recreation and Parks
 Commission, term ending June 25, 2010. (19)

 From Employees’ Retirement System, submitting the retirement contribution rates for
 FY2010-2011. Copy: Each Supervisor (20)

 From Dominic Paris, submitting support for a "Sit-Lie" Law in San Francisco. (21)

 From concerned citizen, regarding police officers given four year scholarships to attend
 the Academy of Art University. (22)

 From Valerie Chu, urging the Board of Supervisors to have an Environmental Impact
 Report done on the proposed Golden Gate Park Beach Chalet soccer fields near Ocean
 Beach. (23)

 From Chris Dowd, submitting support for the proposed Golden Gate Park Beach Chalet
 soccer fields near Ocean Beach. (24)

 From Matthew Nakatani, regarding complaint about an aggressive MTA fares inspector.
 (25)

 From Supervisor David Chiu, submitting the reappointment of Supervisor Sean Elsbernd
 to the San Francisco Retirement Board. Copy: Rules Committee Clerk (26)

 From Elections Commission, submitting its Annual Report of the Commission’s activities
 over the previous year. Copy: Each Supervisor (27)

 From Peter Scott, submitting support for the high rise condo project at 555 Washington
 Street. (28)

 From Kate Goyette, requesting an extension of the public comment period for the Draft
 Environmental Impact Report on Candlestick Point/Hunters Point Shipyard Phase II. (29)

 From concerned citizens, urging the Board of Supervisors to reject the all-golf alternative
 and support the restoration of Sharp Park to a public park that protects endangered
 species. File No. 091307, 5 letters (30)

 From Aaron Goodman, submitting letter entitled SFMTA - Community Benefit vs. Private
 Interests. (31)

 From Stephen Causey, regarding publishing the pictures of those arrested for solicitation
 of prostitution. (32)

 ADJOURNMENT

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