# 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 091405: Local Business Enterprise and Non-Discrimination in Contracting Ordinance - Pages: 8-9 - Sponsors: Chiu; Chu, Maxwell, Mayor, Dufty and Mirkarimi - Vote 1: continuance - Action: 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. Ordinance No. 20-10 Supervisor Campos moved to divide the question relating to SBA/LBE Category. Supervisor Avalos, seconded by Supervisor Campos, moved to continue the divided question relating to SBA/LBE Category to February 23, 2010. The motion to continue FAILED by the following vote: - Ayes: Avalos, Campos, Dufty - Noes: Maxwell, Mirkarimi, Chiu, Chu, Daly, Elsbernd, Mar - Excused: Alioto-Pier - Vote 2: continuance - Action: Supervisor Daly, seconded by Supervisor Campos, moved to continue the divided question relating to SBA/LBE Category to February 9, 2010. The motion to continue FAILED by the following vote: - Ayes: Mirkarimi, Avalos, Campos, Daly, Dufty - Noes: Maxwell, Chiu, Chu, Elsbernd, Mar - Excused: Alioto-Pier - Vote 3: final-passage, likely final - Action: The question relating to SBA/LBE Category FINALLY PASSED as divided by the following vote: - Ayes: Maxwell, Mirkarimi, Chiu, Chu, Daly, Elsbernd, Mar - Noes: Avalos, Campos, Dufty - Excused: Alioto-Pier - Vote 4: final-passage, likely final - Action: FINALLY PASSED as divided by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 090583: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units - Pages: 9 - Sponsors: Avalos; Campos, Mirkarimi and Mar - Vote 1: final-passage, likely final - Action: 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. FINALLY PASSED OVER THE MAYOR'S VETO. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Chu, Dufty, Elsbernd - Excused: Alioto-Pier ### 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 ## Extracted text ### [Page 8](https://sfbos.info/documents/1972/2010-02-02-minutes#page-8) Board of Supervisors Meeting Minutes Tuesday, February 2, 2010 091405 [Local Business Enterprise and Non-Discrimination in Contracting Ordinance] Sponsors: Chiu; Chu, Maxwell, Mayor, Dufty and Mirkarimi 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. Ordinance No. 20-10 Supervisor Campos moved to divide the question relating to SBA/LBE Category. Supervisor Avalos, seconded by Supervisor Campos, moved to continue the divided question relating to SBA/LBE Category to February 23, 2010. The motion to continue FAILED by the following vote: Ayes: 3 - Avalos, Campos, Dufty Noes: 7 - Maxwell, Mirkarimi, Chiu, Chu, Daly, Elsbernd, Mar Excused: 1 - Alioto-Pier Supervisor Daly, seconded by Supervisor Campos, moved to continue the divided question relating to SBA/LBE Category to February 9, 2010. The motion to continue FAILED by the following vote: Ayes: 5 - Mirkarimi, Avalos, Campos, Daly, Dufty Noes: 5 - Maxwell, Chiu, Chu, Elsbernd, Mar Excused: 1 - Alioto-Pier The question relating to SBA/LBE Category FINALLY PASSED as divided by the following vote: Ayes: 7 - Maxwell, Mirkarimi, Chiu, Chu, Daly, Elsbernd, Mar Noes: 3 - Avalos, Campos, Dufty Excused: 1 - Alioto-Pier FINALLY PASSED as divided by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 90 Printed at 10:10 am on 3/12/10 ### [Page 9](https://sfbos.info/documents/1972/2010-02-02-minutes#page-9) Board of Supervisors Meeting Minutes Tuesday, February 2, 2010 REGULAR AGENDA UNFINISHED BUSINESS Vetoed by the Mayor 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. FINALLY PASSED OVER THE MAYOR'S VETO. The motion FAILED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 1 - Alioto-Pier Recommendation of the Budget and Finance Committee 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 91 Printed at 10:10 am on 3/12/10