# Board of Supervisors Minutes: February 2, 2010

- Meeting date: 2010-02-02
- Document type: minutes
- Source format: PDF
- Extracted pages: 29
- [Canonical HTML transcript](https://sfbos.info/documents/1972/2010-02-02-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m020210.pdf)

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

## Structured legislative records

### File 100065: Appropriation Ordinance to Reflect Mayor’s Budget Balancing Plan for FY2009-2010

- Pages: 9-10
- Sponsors: Mayor
- Vote 1: final-passage, likely final
  - Action: 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.) Ordinance No. 30-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier
- Vote 2: other
  - Action: City and County of San Francisco Page 91 Printed at 10:10 am on 3/12/10 Board of Supervisors Meeting Minutes Tuesday, February 2, 2010 Recommendations of the Government Audit and Oversight Committee Supervisor Chu Excused from Voting Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that Supervisor Chu be excused from voting on File No. 091218. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Chu

### File 091218: MOU, Amendment #2 - Local 798, Unit 1

- Pages: 10
- Sponsors: Mayor
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 31-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly
  - Excused: Alioto-Pier, Chu

### File 091219: MOU, Amendment #2 - Local 798, Unit 2

- Pages: 10-11
- Sponsors: Mayor
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 32-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly
  - Excused: Alioto-Pier

### 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: 11
- Sponsors: Mar; Chiu
- Vote 1: final-passage, likely final
  - 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 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.) Ordinance No. 33-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 091402: Medical Cannabis Task Force

- Pages: 11-12
- Sponsors: Campos; Mirkarimi, Avalos and Daly
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 34-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Chu, Elsbernd
  - Excused: Alioto-Pier

## Extracted text

### [Page 10](https://sfbos.info/documents/1972/2010-02-02-minutes#page-10)

Board of Supervisors Meeting Minutes Tuesday, February 2, 2010

Recommendations of the Government Audit and Oversight Committee

Supervisor Chu Excused from Voting
 Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that Supervisor Chu be excused from
 voting on File No. 091218. The motion carried by the following vote:
 Ayes: 9 - Avalos, Campos, Chiu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 2 - Alioto-Pier, Chu

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.
 Ordinance No. 31-10
 FINALLY PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Noes: 1 - Daly
 Excused: 2 - Alioto-Pier, Chu

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.
 Ordinance No. 32-10
 FINALLY PASSED by the following vote:
 Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Noes: 1 - Daly
 Excused: 1 - Alioto-Pier

City and County of San Francisco Page 92 Printed at 10:10 am on 3/12/10

### [Page 11](https://sfbos.info/documents/1972/2010-02-02-minutes#page-11)

Board of Supervisors Meeting Minutes Tuesday, February 2, 2010

Recommendation of the Land Use and Economic Development Committee

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.)
 Ordinance No. 33-10
 FINALLY PASSED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

Recommendation of the Rules Committee

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.
 Ordinance No. 34-10
 FINALLY PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 2 - Chu, Elsbernd
 Excused: 1 - Alioto-Pier

City and County of San Francisco Page 93 Printed at 10:10 am on 3/12/10