# Board of Supervisors Minutes: February 9, 2010 - Meeting date: 2010-02-09 - Document type: minutes - Source format: PDF - Extracted pages: 27 - [Canonical HTML transcript](https://sfbos.info/documents/1974/2010-02-09-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m020910.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100049: Accept and Expend Grant - Protocol for ENERGYSTAR and Amendment to the Annual Salary Ordinance, FY2009-2010 - $80,000 - Pages: 3 - Sponsors: Dufty ### File 100028: Approval of the Mental Health Services Act Information Technology Component and Technological Needs Three-Year Program and Expenditure Plan - Pages: 3 ### File 091231: Authorizing the Municipal Transportation Agency to Implement On-Street Parking Meter and Parking Control Pilot Projects - Pages: 3-4 ### File 100027: Approving the City and County’s Triennial Self Assessment and Review of its Child Welfare and Juvenile Probation Placement Services - Pages: 4 - Vote 1: adoption, likely final - Action: 100027 [Approving the City and County’s Triennial Self Assessment and Review of its Child Welfare and Juvenile Probation Placement Services] Resolution approving San Francisco’s Child and Family Services Review - Self Assessment, a review of its Child Welfare and Juvenile Probation Placement Services, including a needs assessment for the Child Abuse Prevention, Intervention, and Treatment; Community Based Child Abuse Prevention; and Promoting Safe and Stable Families programs. (Human Services Department) Resolution No. 44-10 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100145: Adopting Findings Related to the Conditional Use Appeal on Property Located at 1969 California Street - Pages: 4-5 - Vote 1: amendment - Action: 100145 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1969 California Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, 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 Elsbernd, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos - Vote 2: approval, likely final - Action: Motion No. M10-27 APPROVED AS AMENDED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100039: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure - Pages: 5 - Sponsors: Avalos; Campos, Mirkarimi and Mar - Vote 1: first-reading - Action: 100039 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure] Sponsors: Avalos; Campos, Mirkarimi and Mar Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.2 and adding new Section 37.9D 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), when those units are subjected to foreclosure; 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 Dufty, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED ON FIRST READING to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091454: MOU - San Francisco Deputy Sheriffs’ Association - Unit 12A - Pages: 5 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 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.) Ordinance No. 36-10 FINALLY PASSED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091455: MOU - San Francisco Deputy Sheriffs’ Association - Unit 12B - Pages: 5-6 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 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. Ordinance No. 37-10 FINALLY PASSED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091441: Recreation and Park Department - Animal Protections; Increasing Penalties for Park Code Violations - Pages: 6 - Sponsors: Elsbernd; Dufty - Vote 1: final-passage, likely final - Action: 091441 [Recreation and Park Department - Animal Protections; Increasing Penalties for Park Code Violations] Sponsors: Elsbernd; Dufty 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. Ordinance No. 38-10 Supervisor Dufty requested to be added as a co-sponsor. FINALLY PASSED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091429: Establishing a Film Commission, its Membership, Qualifications, and Powers - Pages: 6 - Sponsors: Alioto-Pier; Daly, Campos and Mar - Vote 1: amendment - Action: 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. ORDERED SUBMITTED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100146: Committee of the Whole - Earthquake Safety and Emergency Response General Obligation Bonds - $652,070,000 - Pages: 6-7 ### File 091457: Earthquake Safety and Emergency Response General Obligation Bonds - $412,300,000 - Pages: 7-8 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell - Vote 1: amendment - Action: f 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.) Privilege of the floor was granted to Ed Reiskin, Director of Public Works, who provided an overview and responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091457: Earthquake Safety and Emergency Response General Obligation Bonds - $412,300,000 - Pages: 8-9 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell - Vote 1: continuance - Action: liary Water Supply System, and a Public Safety Building, 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 $412,300,000 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.) Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED AS AMENDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091458: Earthquake Safety and Emergency Response General Obligation Bond Election - $412,300,000 - Pages: 9-10 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell - Vote 1: amendment - Action: 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. Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091458: Earthquake Safety and Emergency Response General Obligation Bond Election - $412,300,000 - Pages: 10-11 - Sponsors: Mayor; Chiu, Avalos, Campos, Dufty, Mirkarimi, Mar and Maxwell - Vote 1: first-reading - Action: l 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 proposed 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.) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier, Avalos ### File 091460: Authorizing the Execution of an Option to Purchase Interests in the Properties Located at 1600 and 1670 Owens Street, San Francisco and Acquire Related Design and Construction Plans - Pages: 11-12 - Sponsors: Mayor - Vote 1: first-reading - Action: or use by the City's Office of the Chief Medical Examiner and the Forensic Science Division, (ii) tenancy-in-common interest in the land and existing parking structure located at 1670 Owens Street San Francisco, California, (iii) rights to use existing permitted base building design and construction documents in connection with City's proposed construction of new laboratory building at 1600 Owens Street, and (iv) acquisition of rights and assumption of obligations under certain existing design and development contracts related to such proposed laboratory building construction; exempting acquisition by City of existing permitted base building design and construction documents and related design or construction contracts from Chapter 6 of City's Administrative Code; adopting findings under the California Environmental Quality Act and findings pursuant to the City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) (Supervisor Mirkarimi dissented in Committee.) Supervisor Campos, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED ON FIRST READING to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100025: Bond Sale of Clean and Safe Neighborhood Parks General Obligation Bonds - Not to Exceed $65,000,000 - Pages: 12 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: ood 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. (Fiscal Impact.) Resolution No. 45-10 ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier, Avalos ### File 100024: Bond Sale of San Francisco General Hospital Improvement Bonds - Not to Exceed $305,000,000 - Pages: 12-13 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: pital 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. Resolution No. 46-10 ADOPTED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100101: Appropriating $305,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2009-2010 - Pages: 13 - Sponsors: Mayor - Vote 1: first-reading - Action: 100101 [Appropriating $305,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2009-2010] Sponsor: Mayor Ordinance appropriating $305,000,000 of General Obligation Bond Proceeds approved by voters under Proposition A in the November 2008 election authorizing the second issuance of general obligation bonds for the building or rebuilding and earthquake safety improvement of the San Francisco General Hospital and Trauma Center in the Department of Public Health for FY2009-2010. PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091165: Zoning - Parking Requirements and Garage Installation in Existing Residential Buildings in Telegraph Hill, North Beach and Chinatown - Pages: 14-15 - Sponsors: Chiu - Vote 1: first-reading - Action: quire a conditional use to install a garage in an existing residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs, the Telegraph Hill - North Beach Residential Special Use District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus Avenue between Washington and North Point Streets, Broadway from the Embarcadero on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use Districts to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending Section 161 to require a conditional use to install a garage in an existing residential structure; amending the Public Works Code by amending Section 723.2 to prohibit the issuance of minor sidewalk encroachment permit that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: - Ayes: Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Chu, Elsbernd - Excused: Alioto-Pier, Avalos ### File 091430: Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors - Pages: 15 - Sponsors: Avalos - Vote 1: amendment - Action: 091430 [Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors] Sponsor: Avalos Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 9.103 and 9.104 to: (1) allow the Board of Supervisors to mandate the expenditure of identified appropriations for particular programs or activities, in an amount not to exceed the total value of expenditure reductions made by the Board at the same time; (2) require the relevant City departments to report to the Board on their plans for expenditure of the money appropriated; and, (3) allow the Mayor to reject or reduce an appropriation identified as mandatory and reject the designation of the appropriation as mandatory with or without reducing the amount of the appropriation. Supervisor Campos, seconded by Supervisor Daly, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091430: Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors - Pages: 15-16 - Sponsors: Avalos - Vote 1: continuance - Action: 091430 [Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors] Sponsor: Avalos Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending Sections 9.103 and 9.104 to: (1) allow the Board of Supervisors to mandate the expenditure of identified appropriations for particular programs or activities, in an amount not to exceed the total value of expenditure reductions made by the Board at the same time; (2) require the relevant City departments to report to the Board on their plans for expenditure of the money appropriated; and, (3) allow the Mayor to reject or reduce an appropriation identified as mandatory and reject the designation of the appropriation as mandatory with or without reducing the amount of the appropriation. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED AS AMENDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 091433: Reducing Employer Retirement Benefit Costs - Pages: 16-17 - Sponsors: Elsbernd; Mayor - Vote 1: amendment - Action: ercent for all employees hired on and after July 1, 2010, who become members of the California Public Employees' Retirement System (CalPERS); (5) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a three-year formula for the calculation of final compensation to the fullest extent possible; (6) require all contracts and contract amendments on and after July 1, 2010, for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (7) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a three-year formula; and (8) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a three-year formula. See File Nos. 100156 and 100157. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be DUPLICATED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos - Vote 2: continuance - Action: Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100156: Reducing Employer Retirement Benefit Costs - Pages: 17-18 - Sponsors: Mar; Campos - Vote 1: amendment - Action: for all employees hired on and after July 1, 2010, who become members of the California Public Employees' Retirement System (CalPERS); (5) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a three-year formula for the calculation of final compensation to the fullest extent possible; (6) require all contracts and contract amendments on and after July 1, 2010, for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (7) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a three-year formula; and (8) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a three-year formula. Supervisor Mar, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100156: Reducing Employer Retirement Benefit Costs - Pages: 18 - Sponsors: Mar; Campos - Vote 1: continuance - Action: tion rate of nine percent for all employees hired on and after July 1, 2010, who become members of the CalPERS; (6) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a two-year formula for the calculation of final compensation to the fullest extent possible; (7) require all contracts and contract amendments on and after July 1, 2010 for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (8) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a two-year formula; and (9) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a two-year formula. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS AMENDED AND DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100157: Payment for Employee Retirement Contributions - Pages: 18-19 - Sponsors: Mar; Campos - Vote 1: continuance - Action: rs: Mar; Campos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section(s) A8.409-5, to: (1) restrict the City and County from agreeing to pay required employee contributions to the San Francisco Employees' Retirement System (SFERS) or the California Public Employees' Retirement System (CalPERS) after June 8, 2010, for certain employees; (2) authorize the City and County to offer a one-time seven percent (7%) wage increase to certain employees as acknowledgement that the City and County will no longer pay the required seven and one-half percent (7.5%) employee contribution to SFERS or the required employee contribution to CalPERS afforded in their most recent collectively bargained agreement, provided that no such increase shall become effective before July 1, 2011; and (3) require voter approval before the City and County can pay, for up to a two-year period, required employee contributions to SFERS or CalPERS after June 8, 2010. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100132: Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources - Pages: 19-20 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 100132 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos - Vote 2: other - Action: City and County of San Francisco Page 129 Printed at 10:13 am on 3/12/10 Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 The Board recessed at the hour of 2:54 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Persons in attendance: Cheryl Adams, Deputy City Attorney Martin Gran, Director of Employee Relations Mary Hao, Department of Human Resources Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director The Board reconvened at the hour of 3:16 p.m. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Matter was heard in Closed Session and Filed. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved not disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100119: Committee of the Whole - Redevelopment Agency Disposition and Development Agreement - Pages: 20-21 - Sponsors: Mirkarimi - Vote 1: approval, likely final - Action: 100119 [Committee of the Whole - Redevelopment Agency Disposition and Development Agreement] Sponsor: Mirkarimi Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on February 23, 2010, for the purpose of considering a resolution approving a disposition and development agreement for a vacant parcel at 1345 Turk Street. Motion No. M10-29 APPROVED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi - Absent: Dufty - Excused: Alioto-Pier, Avalos ### File 100131: Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources - Pages: 21 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 100131 [Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. Motion No. M10-28 The President inquired as to whether any member of the public wished to address the Board relating to the Board convening in closed session concerning negotiations with labor unions representing City workers referenced in File No. 100131. There were no speakers. The President declared public comment closed. APPROVED by the following vote: - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Avalos ### File 100160: Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010 - Pages: 21-22 - Sponsors: Maxwell ### File 100161: Adopting Implementation Plan for CleanPowerSF - Pages: 22 - Sponsors: Mirkarimi; Campos, Mar, Dufty, Chiu and Daly ### File 090228: Payroll Expense Tax Revision to Encourage Job Retention and Creation in San Francisco - Pages: 22 - Sponsors: Mayor; Dufty ### File 100121: Redevelopment Agency Sale of Land at 1345 Turk Street Through a Disposition and Development Agreement - Pages: 22 - Sponsors: Mirkarimi; Mar ### File 100163: American Red Cross Month - March 2010 - Pages: 22 - Sponsors: Dufty; Campos ### File 100165: Endorsing Rally for California's Future - March 4, 2010 - Pages: 22-23 - Sponsors: Mar; Campos ### File 100120: Committee of the Whole - Redevelopment Agency Sale of Land at 1345 Turk Street Through a Disposition and Development Agreement - Pages: 23 - Sponsors: Mirkarimi; Mar ### File 100158: Implementation of Ordinance No. 228-09 - Confidentiality of Juveniles' Immigration Status - Pages: 23 - Sponsors: Campos ### File 100159: San Francisco's New Day for Learning Initiative - Pages: 23 - Sponsors: Dufty ### File 100162: Department of Emergency Management and Fire Department Budget Balancing Strategies in FY2010-2011 - Pages: 23 - Sponsors: Avalos ### File 100148: Setting the Budget and Legislative Analyst Services Work Plan for 2010 - Pages: 23-24 - Sponsors: Mar ### File 100164: Extending the Joint City and School District Committee - Pages: 24 - Sponsors: Dufty; Campos ### File 100112: Dispatch Services in the Program for Additional Police Department Services - Pages: 24 ### File 100113: Private Ambulance Regulatory Fee Payments - Pages: 24 - Sponsors: Avalos ### File 100118: Settlement of Claim - Elisa Gill - $50,000 - Pages: 24 ### File 100105: Approval of Contract for Uncompensated Reimbursement Recovery Services for the Department of Public Health - $16,570,000 - Pages: 24-27 ## Extracted text ### [Page 1](https://sfbos.info/documents/1974/2010-02-09-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 9, 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, 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. Volume 105 Number 5 ### [Page 2](https://sfbos.info/documents/1974/2010-02-09-minutes#page-2) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Members Present: David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:09 p.m. On the call of the roll, Supervisors Alioto-Pier and Avalos were noted absent. There was a quorum. Supervisors Alioto-Pier and Avalos Excused from Voting Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that Supervisors Alioto-Pier and Avalos be excused from voting. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Chu, moved to approve the Board Meeting Minutes of January 12, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor communicating the Mayor's Veto of legislation contained in File No. 091015 which would require elected officials to reimburse the City for dignitary security provided during campaign-related travel. Direction was given to the Clerk of the Board to agendize this matter at the Regular Meeting of February 23, 2010. City and County of San Francisco Page 112 Printed at 10:13 am on 3/12/10 ### [Page 3](https://sfbos.info/documents/1974/2010-02-09-minutes#page-3) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 CONSENT AGENDA Recommendations of the Budget and Finance Committee 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. Ordinance No. 39-10 FINALLY PASSED 100028 [Approval of the Mental Health Services Act Information Technology Component and Technological Needs Three-Year Program and Expenditure Plan] Resolution approving the Mental Health Services Act Information Technology Component and Technical Needs Three-Year Program and Expenditure Plan and authorizing the amendment of the MHSA Agreement to include this Plan in the agreement. (Public Health Department) Resolution No. 43-10 ADOPTED Recommendation of the Land Use and Economic Development Committee 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) Ordinance No. 35-10 FINALLY PASSED City and County of San Francisco Page 113 Printed at 10:13 am on 3/12/10 ### [Page 4](https://sfbos.info/documents/1974/2010-02-09-minutes#page-4) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Recommendation of the Public Safety Committee 100027 [Approving the City and County’s Triennial Self Assessment and Review of its Child Welfare and Juvenile Probation Placement Services] Resolution approving San Francisco’s Child and Family Services Review - Self Assessment, a review of its Child Welfare and Juvenile Probation Placement Services, including a needs assessment for the Child Abuse Prevention, Intervention, and Treatment; Community Based Child Abuse Prevention; and Promoting Safe and Stable Families programs. (Human Services Department) Resolution No. 44-10 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos REGULAR AGENDA UNFINISHED BUSINESS From the Board 100145 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1969 California Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, 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 Elsbernd, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Motion No. M10-27 APPROVED AS AMENDED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 114 Printed at 10:13 am on 3/12/10 ### [Page 5](https://sfbos.info/documents/1974/2010-02-09-minutes#page-5) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100039 [Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure] Sponsors: Avalos; Campos, Mirkarimi and Mar Ordinance amending Administrative Code Chapter 37 "Residential Rent Stabilization and Arbitration Ordinance" by amending Section 37.2 and adding new Section 37.9D 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), when those units are subjected to foreclosure; 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 Dufty, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED ON FIRST READING to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos From the Budget and Finance Committee Without Recommendation 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.) Ordinance No. 36-10 FINALLY PASSED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos 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. Ordinance No. 37-10 FINALLY PASSED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 115 Printed at 10:13 am on 3/12/10 ### [Page 6](https://sfbos.info/documents/1974/2010-02-09-minutes#page-6) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Recommendation of the City Operations and Neighborhood Services Committee 091441 [Recreation and Park Department - Animal Protections; Increasing Penalties for Park Code Violations] Sponsors: Elsbernd; Dufty 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. Ordinance No. 38-10 Supervisor Dufty requested to be added as a co-sponsor. FINALLY PASSED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Recommendation of the Rules Committee 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. ORDERED SUBMITTED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Board of Supervisors Sitting as a Committee of the Whole 100146 [Committee of the Whole - Earthquake Safety and Emergency Response General Obligation Bonds - $652,070,000] Hearing of persons interested in or objecting to proposed Resolution and proposed Ordinance relating to the Earthquake Safety and Emergency Response General Obligation Bonds - $652,070,000. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to Earthquake Safety and Emergency Response General Obligation Bonds referenced in File Nos. 091457 and 091458. There were no speakers. The President declared public comment closed and adjourned as the Committee of the Whole reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report Without Recommendation City and County of San Francisco Page 116 Printed at 10:13 am on 3/12/10 ### [Page 7](https://sfbos.info/documents/1974/2010-02-09-minutes#page-7) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Recommendations of the Budget and Finance Committee 091457 [Earthquake Safety and Emergency Response General Obligation Bonds - $412,300,000] 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.) Privilege of the floor was granted to Ed Reiskin, Director of Public Works, who provided an overview and responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos . City and County of San Francisco Page 117 Printed at 10:13 am on 3/12/10 ### [Page 8](https://sfbos.info/documents/1974/2010-02-09-minutes#page-8) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 091457 [Earthquake Safety and Emergency Response General Obligation Bonds - $412,300,000] 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, and a Public Safety Building, 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 $412,300,000 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.) Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED AS AMENDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 118 Printed at 10:13 am on 3/12/10 ### [Page 9](https://sfbos.info/documents/1974/2010-02-09-minutes#page-9) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 091458 [Earthquake Safety and Emergency Response General Obligation Bond Election - $412,300,000] 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 therefore 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. Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos . City and County of San Francisco Page 119 Printed at 10:13 am on 3/12/10 ### [Page 10](https://sfbos.info/documents/1974/2010-02-09-minutes#page-10) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 091458 [Earthquake Safety and Emergency Response General Obligation Bond Election - $412,300,000] 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: $412,300,000 to finance the construction, acquisition, improvement, and retrofitting of Neighborhood Fire and Police Stations, the Auxiliary Water Supply System, a Public Safety Building, and 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 proposed 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.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 120 Printed at 10:13 am on 3/12/10 ### [Page 11](https://sfbos.info/documents/1974/2010-02-09-minutes#page-11) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 NEW BUSINESS Recommendations of the Budget and Finance Committee 091460 [Authorizing the Execution of an Option to Purchase Interests in the Properties Located at 1600 and 1670 Owens Street, San Francisco and Acquire Related Design and Construction Plans] Sponsor: Mayor Ordinance approving the City's execution of option agreement for purchase of (i) real property located at 1600 Owens Street, San Francisco, California for purpose of construction of new laboratory building for use by the City's Office of the Chief Medical Examiner and the Forensic Science Division, (ii) tenancy-in-common interest in the land and existing parking structure located at 1670 Owens Street San Francisco, California, (iii) rights to use existing permitted base building design and construction documents in connection with City's proposed construction of new laboratory building at 1600 Owens Street, and (iv) acquisition of rights and assumption of obligations under certain existing design and development contracts related to such proposed laboratory building construction; exempting acquisition by City of existing permitted base building design and construction documents and related design or construction contracts from Chapter 6 of City's Administrative Code; adopting findings under the California Environmental Quality Act and findings pursuant to the City Planning Code Section 101.1; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) (Supervisor Mirkarimi dissented in Committee.) Supervisor Campos, seconded by Supervisor Elsbernd, moved that this Ordinance be CONTINUED ON FIRST READING to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 121 Printed at 10:13 am on 3/12/10 ### [Page 12](https://sfbos.info/documents/1974/2010-02-09-minutes#page-12) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 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. (Fiscal Impact.) Resolution No. 45-10 ADOPTED by the following vote: Ayes: 8 - Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 2 - Alioto-Pier, Avalos 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. Resolution No. 46-10 ADOPTED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 122 Printed at 10:13 am on 3/12/10 ### [Page 13](https://sfbos.info/documents/1974/2010-02-09-minutes#page-13) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100101 [Appropriating $305,000,000 of General Obligation Bonds for the San Francisco General Hospital and Trauma Center for the Department of Public Health for FY2009-2010] Sponsor: Mayor Ordinance appropriating $305,000,000 of General Obligation Bond Proceeds approved by voters under Proposition A in the November 2008 election authorizing the second issuance of general obligation bonds for the building or rebuilding and earthquake safety improvement of the San Francisco General Hospital and Trauma Center in the Department of Public Health for FY2009-2010. PASSED ON FIRST READING by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Maxwell, seconded by Supervisor Campos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Supervisor Maxwell introduced, welcomed, and presented a Certificate of Honor to the California Lawyers for the Arts in recognition of their accomplishments and continued community support. City and County of San Francisco Page 123 Printed at 10:13 am on 3/12/10 ### [Page 14](https://sfbos.info/documents/1974/2010-02-09-minutes#page-14) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 COMMITTEE REPORTS Recommendation of the Land Use and Economic Development Committee 091165 [Zoning - Parking Requirements and Garage Installation in Existing Residential Buildings in Telegraph Hill, North Beach and Chinatown] Sponsor: Chiu Ordinance amending the San Francisco Planning Code by amending Sections 714.94, 722.94, 803.2, and Tables 810, 811 and 812 to require a conditional use to install a garage in an existing residential structure in the Broadway Neighborhood Commercial District (NCD), the North Beach NCD, and the Chinatown Mixed-Use Districts; adding Section 249.49 and amending Section SU01 of the Zoning Map to establish the Telegraph Hill - North Beach Residential Special Use District to include the residentially-zoned areas bounded by Bay Street to the North, Sansome Street and the Embarcadero to the East, Broadway to the South, and Columbus Avenue to the West, and require a conditional use to install a garage in an existing residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs, the Telegraph Hill - North Beach Residential Special Use District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus Avenue between Washington and North Point Streets, Broadway from the Embarcadero on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use Districts to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending Section 161 to require a conditional use to install a garage in an existing residential structure; amending the Public Works Code by amending Section 723.2 to prohibit the issuance of minor sidewalk encroachment permit that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: Ayes: 7 - Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Chu, Elsbernd Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 124 Printed at 10:13 am on 3/12/10 ### [Page 15](https://sfbos.info/documents/1974/2010-02-09-minutes#page-15) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Recommendations of the Rules Committee 091430 [Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors] Sponsor: Avalos Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 9.103 and 9.104 to: (1) allow the Board of Supervisors to mandate the expenditure of identified appropriations for particular programs or activities, in an amount not to exceed the total value of expenditure reductions made by the Board at the same time; (2) require the relevant City departments to report to the Board on their plans for expenditure of the money appropriated; and, (3) allow the Mayor to reject or reduce an appropriation identified as mandatory and reject the designation of the appropriation as mandatory with or without reducing the amount of the appropriation. Supervisor Campos, seconded by Supervisor Daly, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos . 091430 [Mandated Reduction of Expenditures to Programs for City Services, Designated by the Board of Supervisors] Sponsor: Avalos Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco by amending Sections 9.103 and 9.104 to: (1) allow the Board of Supervisors to mandate the expenditure of identified appropriations for particular programs or activities, in an amount not to exceed the total value of expenditure reductions made by the Board at the same time; (2) require the relevant City departments to report to the Board on their plans for expenditure of the money appropriated; and, (3) allow the Mayor to reject or reduce an appropriation identified as mandatory and reject the designation of the appropriation as mandatory with or without reducing the amount of the appropriation. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be CONTINUED AS AMENDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 125 Printed at 10:13 am on 3/12/10 ### [Page 16](https://sfbos.info/documents/1974/2010-02-09-minutes#page-16) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 091433 [Reducing Employer Retirement Benefit Costs] Sponsors: Elsbernd; Mayor Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections A8.432, A8.506, A8.506-2, A8.506-3, and A8.510, and by adding Sections A8.432-1, A8.600 to A8.600-14, A8.601 to A8.601-16 and A8.602 to A8.602-16, to: (1) define "Participating Employers" for the Retiree Health Care Trust Fund to include the Superior Court of California, County of San Francisco, to the extent it participates in the City and County's Health Service System and upon resolution by its governing board; (2) require the difference between the City and County's contribution to the San Francisco Employees' Retirement System (SFERS) set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund; (3) require the difference between the "Participating Employers'" contribution to SFERS set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund only upon resolution by the governing boards of the respective "Participating Employers" approving said deposits; (4) establish an employee contribution rate of nine percent for all employees hired on and after July 1, 2010, who become members of the California Public Employees' Retirement System (CalPERS); (5) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a three-year formula for the calculation of final compensation to the fullest extent possible; (6) require all contracts and contract amendments on and after July 1, 2010, for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (7) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a three-year formula; and (8) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a three-year formula. See File Nos. 100156 and 100157. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Charter Amendment be DUPLICATED. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 126 Printed at 10:13 am on 3/12/10 ### [Page 17](https://sfbos.info/documents/1974/2010-02-09-minutes#page-17) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100156 [Reducing Employer Retirement Benefit Costs] Sponsors: Mar; Campos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Sections A8.432, A8.506, A8.506-2, A8.506-3, and A8.510, and by adding Sections A8.432-1, A8.600 to A8.600-14, A8.601 to A8.601-16 and A8.602 to A8.602-16, to: (1) define "Participating Employers" for the Retiree Health Care Trust Fund to include the Superior Court of California, County of San Francisco, to the extent it participates in the City and County's Health Service System and upon resolution by its governing board; (2) require the difference between the City and County's contribution to the San Francisco Employees' Retirement System (SFERS) set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund; (3) require the difference between the "Participating Employers'" contribution to SFERS set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund only upon resolution by the governing boards of the respective "Participating Employers" approving said deposits; (4) establish an employee contribution rate of nine percent for all employees hired on and after July 1, 2010, who become members of the California Public Employees' Retirement System (CalPERS); (5) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a three-year formula for the calculation of final compensation to the fullest extent possible; (6) require all contracts and contract amendments on and after July 1, 2010, for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (7) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a three-year formula; and (8) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a three-year formula. Supervisor Mar, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Supervisor Elsbernd divided the charter amendment relating to language regarding 7.5% for 7%. See File No. 100157. City and County of San Francisco Page 127 Printed at 10:13 am on 3/12/10 ### [Page 18](https://sfbos.info/documents/1974/2010-02-09-minutes#page-18) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100156 [Reducing Employer Retirement Benefit Costs] Sponsors: Mar; Campos Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections A8.432, A8.506, A8.506-2, A8.506-3, A8.510, A8.590-4 and A8.590-5, and by adding Sections A8.432-1, A8.600 to A8.600-14, A8.601 to A8.601-16 and A8.602 to A8.602-16, to: (1) restrict the City and County from agreeing to pay required employee contributions to the San Francisco Employees' Retirement System (SFERS) or the California Public Employees' Retirement System (CalPERS) after June 8, 2010, for firefighters, police officers and deputy sheriffs; (2) define "Participating Employers" for the Retiree Health Care Trust Fund to include the Superior Court of California, County of San Francisco, to the extent it participates in the City and County's Health Service System and upon resolution by its governing board; (3) require the difference between the City and County's contribution to the SFERS set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund; (4) require the difference between the "Participating Employers'" contribution to SFERS set by the Retirement Board each year and the employer normal cost rate to be deposited into the Retiree Health Care Trust Fund only upon resolution by the governing boards of the respective "Participating Employers" approving said deposits; (5) establish an employee contribution rate of nine percent for all employees hired on and after July 1, 2010, who become members of the CalPERS; (6) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a two-year formula for the calculation of final compensation to the fullest extent possible; (7) require all contracts and contract amendments on and after July 1, 2010 for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (8) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a two-year formula; and (9) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a two-year formula. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS AMENDED AND DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos 100157 [Payment for Employee Retirement Contributions] Sponsors: Mar; Campos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section(s) A8.409-5, to: (1) restrict the City and County from agreeing to pay required employee contributions to the San Francisco Employees' Retirement System (SFERS) or the California Public Employees' Retirement System (CalPERS) after June 8, 2010, for certain employees; (2) authorize the City and County to offer a one-time seven percent (7%) wage increase to certain employees as acknowledgement that the City and County will no longer pay the required seven and one-half percent (7.5%) employee contribution to SFERS or the required employee contribution to CalPERS afforded in their most recent collectively bargained agreement, provided that no such increase shall become effective before July 1, 2011; and (3) require voter approval before the City and County can pay, for up to a two-year period, required employee contributions to SFERS or CalPERS after June 8, 2010. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 128 Printed at 10:13 am on 3/12/10 ### [Page 19](https://sfbos.info/documents/1974/2010-02-09-minutes#page-19) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Richard Robinson; expressed various concerns. Miss Daisy, expressed concerns relating to current layoffs. Peter Warfield; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Christopher Dahl; expressed various concerns. Joya Castaneda; expressed concerns relating to undocumented youth. Richard McRee; expressed various concerns. Male Speaker, expressed various concerns. Scott Kyper; expressed concerns relating to public safety. Male Speaker; expressed various religious concerns. Edmond Juicy; expressed various concerns. CLOSED SESSION 100132 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos City and County of San Francisco Page 129 Printed at 10:13 am on 3/12/10 ### [Page 20](https://sfbos.info/documents/1974/2010-02-09-minutes#page-20) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 The Board recessed at the hour of 2:54 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Persons in attendance: Cheryl Adams, Deputy City Attorney Martin Gran, Director of Employee Relations Mary Hao, Department of Human Resources Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director The Board reconvened at the hour of 3:16 p.m. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Matter was heard in Closed Session and Filed. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved not disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Dufty was noted absent at 4:24 p.m. 100119 [Committee of the Whole - Redevelopment Agency Disposition and Development Agreement] Sponsor: Mirkarimi Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on February 23, 2010, for the purpose of considering a resolution approving a disposition and development agreement for a vacant parcel at 1345 Turk Street. Motion No. M10-29 APPROVED by the following vote: Ayes: 8 - Campos, Chiu, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos Absent: 1 - Dufty Supervisor Dufty was noted present at 4:26 p.m. City and County of San Francisco Page 130 Printed at 10:13 am on 3/12/10 ### [Page 21](https://sfbos.info/documents/1974/2010-02-09-minutes#page-21) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Chiu requested that File No. 100131 be severed so that it may be considered separately. 100131 [Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. Motion No. M10-28 The President inquired as to whether any member of the public wished to address the Board relating to the Board convening in closed session concerning negotiations with labor unions representing City workers referenced in File No. 100131. There were no speakers. The President declared public comment closed. APPROVED by the following vote: Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Avalos IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 100160 [Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010] Sponsor: Maxwell Ordinance appropriating $400,000 of revenues from the transfer of a 50-foot by 628-foot strip of Channel Street on the southwest side of 7th Street owned by the City and County of San Francisco, in exchange for 35,250 square feet of land at the southwest corner of Tocoloma and Lathrop Avenues owned by Norcal Waste Systems, Inc. for park and open space planning in the Showplace Square/Potrero Hill Plan Area of the Eastern Neighborhoods Program in the City Planning Commission, the Recreation and Park Department, and the Department of Public Works for FY2009-2010. 02/09/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 131 Printed at 10:13 am on 3/12/10 ### [Page 22](https://sfbos.info/documents/1974/2010-02-09-minutes#page-22) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100161 [Adopting Implementation Plan for CleanPowerSF] Sponsors: Mirkarimi; Campos, Mar, Dufty, Chiu and Daly Ordinance adopting a revised Implementation Plan for the City’s Community Choice Aggregation Program, CleanPowerSF, and authorizing the filing of the Implementation Plan with the California Public Utilities Commission. 02/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 090228 [Payroll Expense Tax Revision to Encourage Job Retention and Creation in San Francisco] Sponsors: Mayor; Dufty Ordinance amending the Payroll Expense Tax Ordinance by adding Section 905 to permit the Payroll Expense Tax owed for 2010 to be paid at the lower of the amount owed for 2009 or 2010 and for 2011 to be paid at the lowest of the amount owed for 2009, 2010, or 2011. (Fiscal Impact; Economic Impact.) 02/24/09; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/26/2009. 01/26/10; SUBSTITUTED. 01/26/10; ASSIGNED to Budget and Finance Committee. 02/09/10; SUBSTITUTED. 02/09/10; ASSIGNED to Budget and Finance Committee. Resolutions 100121 [Redevelopment Agency Sale of Land at 1345 Turk Street Through a Disposition and Development Agreement] Sponsors: Mirkarimi; Mar Resolution approving the Redevelopment Agency of the City and County of San Francisco’s Disposition and Development Agreement for Assessor’s Block No. 0756, Lot No. 017, commonly known as 1345 Turk Street, to sell the Site to MSPDI Turk, LLC, a California limited liability company, for the development of 32 affordable for sale housing units for low- and moderate-income households. 02/09/10; ASSIGNED to Board of Supervisors. 100163 [American Red Cross Month - March 2010] Sponsors: Dufty; Campos Resolution declaring March 2010 as American Red Cross Month. 02/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100165 [Endorsing Rally for California's Future - March 4, 2010] Sponsors: Mar; Campos Resolution endorsing Rally for Califronia's Future, a statewide day of action in support of education and public sector services on March 4, 2010. 02/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 132 Printed at 10:13 am on 3/12/10 ### [Page 23](https://sfbos.info/documents/1974/2010-02-09-minutes#page-23) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Requests for Hearing 100120 [Committee of the Whole - Redevelopment Agency Sale of Land at 1345 Turk Street Through a Disposition and Development Agreement] Sponsors: Mirkarimi; Mar Hearing to consider the Proposed Disposition and Development Agreement between the Redevelopment Agency of the City and County of San Francisco and MSPDI, Turk LLC., for the disposition of land at 1345 Turk Street, pursuant to the provisions of the California Community Redevelopment Law Section 33433. 02/09/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 100158 [Implementation of Ordinance No. 228-09 - Confidentiality of Juveniles' Immigration Status] Sponsor: Campos Hearing on the Juvenile Probation Department's status regarding the implementation of Ordinance No. 228-09 on the Confidentiality of Juveniles' Immigration Status, which the Board of Supervisors passed on November 10, 2009. 02/09/10; RECEIVED AND ASSIGNED to Rules Committee. 100159 [San Francisco's New Day for Learning Initiative] Sponsor: Dufty Hearing to consider the San Francisco's New Day for Learning Initiative and its collaboration among the San Francisco Unified School District; City and County of San Francisco, especially the Department of Children, Youth and Their Families, and the San Francisco School Alliance. 02/09/10; RECEIVED AND ASSIGNED to City and School District Select Committee. 100162 [Department of Emergency Management and Fire Department Budget Balancing Strategies in FY2010-2011] Sponsor: Avalos Hearing to consider budget balancing strategies and efficiencies for the Department of Emergency Management and the Fire Department in FY2010-2011. 02/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. Motions 100148 [Setting the Budget and Legislative Analyst Services Work Plan for 2010] Sponsor: Mar Motion approving the Budget and Legislative Analyst Services work plan for 2010, which: (a) allocates hours for calendar year 2010, (b) authorizes the Budget and Legislative Analyst to reallocate up to 10 percent of the hours based on Board of Supervisors service needs, and (c) requires Board of Supervisors approval of hours re-allocation greater than 10 percent; and establishes performance goals and sets a date for the 2010 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership. 02/09/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 133 Printed at 10:13 am on 3/12/10 ### [Page 24](https://sfbos.info/documents/1974/2010-02-09-minutes#page-24) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 100164 [Extending the Joint City and School District Committee] Sponsors: Dufty; Campos Motion amending the Board of Supervisors' Rules of Order No. 5.7 to extend the term of the Joint City and School District Select Committee through March 1, 2011. 02/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Introduced by the President at Request of Departments PROPOSED ORDINANCES 100112 [Dispatch Services in the Program for Additional Police Department Services] Ordinance amending San Francisco Administrative Code Sections 10B.1, 10B.2, 10B.3, 10B.4 and 10B.5 including dispatch services provided by the Department of Emergency Management in the program for additional Police Department services. (Department of Emergency Management) 01/29/10; RECEIVED AND ASSIGNED to Public Safety Committee. 100113 [Private Ambulance Regulatory Fee Payments] Sponsor: Avalos Ordinance amending Business and Tax Regulations Code Section 249.8 to require payment of private ambulance regulatory fees to the Department of Emergency Management rather than to the City Treasurer. (Department of Emergency Management) 01/29/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100118 [Settlement of Claim - Elisa Gill - $50,000] Resolution approving the settlement of Equal Employment and Opportunity Commission Charge No. 550-2009-00090, filed by Elisa Gill on October 28, 2008, against the San Francisco Public Utilities Commission, for $50,000. (City Attorney) 02/01/10; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTION 100105 [Approval of Contract for Uncompensated Reimbursement Recovery Services for the Department of Public Health - $16,570,000] Resolution authorizing the San Francisco Department of Public Health to amend its contract with Health Advocates, LLC to provide uncompensated reimbursement recovery services for the term of April 1, 2006, through December 31, 2013, in the amount of $16,570,000. (Public Health Department) (Fiscal Impact.) 01/27/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 134 Printed at 10:13 am on 3/12/10 ### [Page 25](https://sfbos.info/documents/1974/2010-02-09-minutes#page-25) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Requests Granted 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 private property locations: 48 Haight 124 Haight 173 Haight 55 Laguna (UC Campus, on the Haight and Buchanan side) 298 Buchanan 569 Hayes 979 Oak 928 Oak 901 Oak 200 Webster, on the Haight side 533 Haight 456 Haight 425 Haight 520 Steiner 160 Pierce 333 Haight 398 Haight 428 Haight 546 Haight 588 Haight 609 Haight 615 Haight 645 Haight 707 Haight 739 Haight 747 Haight 715 Haight 611 Haight 599 Haight 533 Haight 767 Haight 777 Haight 791 Haight 839 Haight 863 Haight 959 Haight 1035 Haight 1158 Haight 1304 Haight 1324 Haight 1340 Haight 1350 Haight 1374 Haight 1426 Haight 1427 Haight 1441 Haight 1465 Haight 1468 Haight City and County of San Francisco Page 135 Printed at 10:13 am on 3/12/10 ### [Page 26](https://sfbos.info/documents/1974/2010-02-09-minutes#page-26) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 1480 Haight 1515 Haight 1529 Haight 1556 Haight 1564 Haight 1601 Haight 1605 Haight 1609 Haight 1650 Haight 1659 Haight 1673 Haight 1699 Haight 1708 Haight 1742 Haight 1773 Haight 1782 Haight 1787 Haight 1793 Haight 1818 Haight 1825 Haight 1855 Haight 400 Duboce, on the Fillmore and Church side 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: Utility Boxes Northeast corner Buchanan & Haight Southwest corner Steiner & Haight Southeast corner Stanyan & Hayes Northeast corner Laguna & Oak In front of 1213 Fell Northwest corner Duboce & Church Garbage Cans Northwest corner Parnassus & Stanyan Northwest corner Haight & Fillmore Bus Shelters Southeast corner Sutter & Scott Southeast corner McAllister & Fillmore In front of 500 Fillmore Haight & Fillmore, all four bus shelters graffiti & grime Mailboxes Northeast corner Laguna & McAllister Emergency Boxes Northeast corner Oak & Scott Northwest corner Page & Steiner Northwest corner Fell & Fillmore Metal Poles In front of 1969 Sutter Southeast corner Golden Gate & Webster City and County of San Francisco Page 136 Printed at 10:13 am on 3/12/10 ### [Page 27](https://sfbos.info/documents/1974/2010-02-09-minutes#page-27) Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 Southeast corner Pierce & Haight In front of 332 Haight In front of 1375 Haight Garbage Cans Northeast corner Fulton & Webster Southeast corner Haight & Fillmore Southwest corner Haight & Baker Bus Shelters Southwest corner Pierce & Haight Southwest corner Buchanan & Haight Northeast corner Buena Vista East & Haight Southwest corner Masonic & Haight Southwest corner Masonic & Oak In Memoriams Benjamin Gardiner – Supervisor Dufty Francis Thomas Ahern – Supervisor Dufty Joseph Mercer Cherney – Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:27 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 March 9, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 137 Printed at 10:13 am on 3/12/10