# Board of Supervisors Agenda: March 2, 2010

- Meeting date: 2010-03-02
- Document type: agenda
- Source format: PDF
- Extracted pages: 19
- [Canonical HTML transcript](https://sfbos.info/documents/1977/2010-03-02-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG030210.pdf)

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

## Extracted text

### [Page 1](https://sfbos.info/documents/1977/2010-03-02-agenda#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO
 AGENDA

 Legislative Chamber, Room 250
 City Hall, 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689
 Tuesday, March 2, 2010 - 2:00 PM
 Regular Meeting

 DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY,
 BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

 Angela Calvillo, Clerk of the Board
 Agendas of the Board of Supervisors are available on the internet at www.sfgov.org/bos

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

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

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

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mar, Chu, Maxwell 1:00 PM

 Land Use and Economic Development Committee Monday
 Supervisors Maxwell, Mar, Chiu 1:00 PM

 Public Safety Committee 1st and 3rd Monday
 Supervisors Chiu, Mirkarimi, Dufty 10:00 AM

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

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

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Meeting Procedures

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

 Disability Access

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

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

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

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

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Know Your Rights Under The Sunshine Ordinance

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

 Lobbyist Registration and Reporting Requirements

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

 Agenda Item Information

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

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 COMMUNICATIONS

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

 Items 1 through 11

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

1. 100052 [Appropriating $410,000 of Anticipated PGA Tour Revenue for the Harding
 Park Golf Course in the Department of Recreation and Parks for FY2009-2010]
 Sponsor: Elsbernd
 Ordinance appropriating $410,000 of anticipated PGA Tour revenue to fund preparation
 of the Harding Park Golf Course for the 2010 Schwab Cup Tournament in the
 Department of Recreation and Parks for FY2009-2010.

 (Fiscal Impact.)
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

2. 100142 [Appropriating $2,816,535 of State and Federal Revenues for Various
 Purposes in the Human Services Agency for FY2009-2010]
 Sponsors: Mayor; Dufty
 Ordinance appropriating $2,816,535 of various revenues, including $672,043 of
 additional In-Home Support Services administrative and fraud prevention allocation from
 the State, $1,315,790 of additional Federal and State Older Youth Adoption Services
 allocation, and $828,702 of additional State Food Stamps administrative allocation, for
 In-Home Support Services administration, In-Home Support Services fraud prevention,
 the Food Stamps eligibility program, and activities to promote older youth adoptions in
 the Human Services Agency for FY2009-2010, and placing $284,783 of salaries and
 fringe benefits in the In-Home Support Services Investigations program on Budget and
 Finance Committee reserve.

 (Fiscal Impact.)
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

3. 100143 [Public Employment - Human Services Agency]
 Sponsor: Mayor
 Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance FY2009-2010) to
 reflect the addition of 42 new positions (17.64 FTEs) at the Human Services Agency.

 (Fiscal Impact.)
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 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.
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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

5. 091424 [Liquor License - 84 Second Street]
 Resolution determining that the issuance of a Type 21 Off-Sale beer, wine, and distilled
 spirits license to Nassir A. Zughayir for Sammy’s located on Second at 84 Second Street
 will serve the public convenience or necessity of the people of the City and County of San
 Francisco, in accordance with Section 23958.4 of the California Business and
 Professions Code, with conditions.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

6. 100032 [Liquor License, 461 Pacific Avenue]
 Resolution determining that the issuance of a Type 42 On-Sale beer and wine public
 premises license to Jim Howell, for the Barrel Cellar, LLC located at 461 Pacific Avenue,
 will serve the public convenience or necessity of the people of the City and County of San
 Francisco, in accordance with Section 23958.4 of the California Business and
 Professions Code, with conditions.

 Question: Shall this Resolution be ADOPTED?

7. 100083 [Liquor License, 2111 Market Street]
 Resolution determining that the issuance of a Type 42 On-Sale beer and wine public
 premises license to Maarten Bon, for Cork located at 2111 Market Street, will serve the
 public convenience or necessity of the people of the City and County of San Francisco, in
 accordance with Section 23958.4 of the California Business and Professions Code, with
 conditions.

 Question: Shall this Resolution be ADOPTED?

8. 100137 [Accept and Expend Grant - Recreation and Park Department Urban Forestry
 Project - $200,000]
 Sponsor: Mar
 Resolution authorizing the San Francisco Recreation and Park Department to apply for,
 accept and expend an Urban Forestry Inventory Grant administered by the California
 Department of Forestry and Fire Protection in the amount of $200,000 for the Urban
 Forestry Project.

 Question: Shall this Resolution be ADOPTED?

9. 100138 [Accept and Expend Grant - Recreation and Park Department Urban Forestry
 Project - $65,000]
 Sponsor: Mar
 Resolution authorizing the San Francisco Recreation and Park Department to apply for,
 accept and expend an Urban Forestry Education Grant administered by the California
 Department of Forestry and Fire Protection in the amount of $65,000 for the Urban
 Forestry Project.

 Question: Shall this Resolution be ADOPTED?

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

10. 091407 [Recreation and Park Department - Naming Parcel 4 as Sutro Dunes]
 Sponsors: Mar; Maxwell
 Ordinance amending the San Francisco Park Code by renaming Article 1 as "Title and
 General Provisions" and adding Section 1.05 to name the parcel located at the junction
 of the Great Highway and Balboa Street "Sutro Dunes."
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

11. 100009 [Acceptance of Streets and Roadway Structures for Maintenance and Liability
 Purposes]
 Sponsor: Dufty
 Ordinance accepting for maintenance and liability purposes the streets and roadway
 structures listed herein, subject to specified limitations and conditions, pursuant to
 California Streets and Highways Code Section 1806 and San Francisco Administrative
 Code Sections 1.51 et seq.; and approving Department of Public Works Order No.
 178,355.
 02/23/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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

 REGULAR AGENDA

 UNFINISHED BUSINESS

 From the Board

12. 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.
 01/12/2010; AMENDED. Duplicated, see File No. 090583.

 01/12/2010; CONTINUED AS AMENDED ON FIRST READING.

 02/09/2010; CONTINUED ON FIRST READING.

 02/23/2010; CONTINUED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 (Pursuant to Municipal Elections Code Section 300(a), the Board of Supervisors may
 submit one late proposed Charter Amendment or bond measure per election.)

13. 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.
 02/09/2010; DUPLICATED. See File Nos. 100156 and 100157.

 02/09/2010; CONTINUED.

 02/23/2010; CONTINUED.

 Question: Shall this Charter Amendment be SUBMITTED?

 Board of Supervisors Sitting as a Committee of the Whole

14. 100218 [Committee of the Whole - Reducing Employer Retirement Benefit Costs]
 Hearing of persons interested in or objecting to proposed Charter Amendments relating
 to reducing employer retirement benefit costs. (Clerk of the Board)

 Action:___________________________

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 Committee of the Whole Adjourn and Report Without
 Recommendation

 From the Board
 (Pursuant to Municipal Elections Code Section 300(a), the Board of Supervisors may
 submit one late proposed Charter Amendment or bond measure per election.)

15. 100156 [Reducing Employer Retirement Benefit Costs]
 Sponsors: Mar; Campos
 Charter Amendment (Third 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, City and 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 two-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 two-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 two-year formula.
 02/09/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 02/09/2010; CONTINUED AS DIVIDED.

 02/23/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 02/23/2010; CONTINUED AS AMENDED.

 Question: Shall this Charter Amendment be SUBMITTED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 NEW BUSINESS

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

 (Pursuant to Charter Section 9.113(c) File Nos. 100059 and 100099 require a vote of
 two-thirds of all members of the Board of Supervisors to approve such a supplemental
 appropriation.)

16. 100059 [Appropriating $3,257,575 of General Fund Reserve for Indigent Defense
 Expenses in the Superior Court for FY2009-2010]
 Sponsor: Mayor
 Ordinance appropriating $3,257,575 of General Fund Reserve to fund indigent defense
 expenses associated with increased felony caseloads in the Superior Court for
 FY2009-2010, requiring a two-thirds affirmative vote of all members of the Board of
 Supervisors per San Francisco Charter Section 9.113, and placing $406,665, requiring a
 two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco
 Charter Section 9.113, on Budget and Finance Committee Reserve.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

17. 100099 [Appropriating $1,233,664 of General Fund Reserve to the Public Defender for
 Salary Expenditures]
 Sponsor: Mar
 Ordinance appropriating $1,233,664 from the General Fund Reserve to the Public
 Defender for salary expenditures in FY2009-2010, requiring a two-thirds affirmative vote
 of all members of the Board of Supervisors per San Francisco Charter Section 9.113.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

18. 100134 [Health Service System Plans and Contribution Rates]
 Sponsor: Elsbernd
 Ordinance amending Chapter 16, Article XV, of Part 1 of the San Francisco
 Administrative Code by amending Section 16.703 regarding Board approval of Health
 Service System Plans and Contribution Rates.

 (Fiscal Impact.)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 100135 [Establishing Monthly Contribution Amount to Health Service Trust Fund]
 Sponsor: Elsbernd
 Resolution establishing monthly contribution amount to Health Service Trust Fund.

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

20. 091344 [Redevelopment Agency Bond Authorization - $28,000,000]
 Sponsors: Mayor; Avalos
 Resolution approving the issuance by the Redevelopment Agency of Bonds in an
 additional principal amount not to exceed $28,000,000 to finance a portion of
 redevelopment activities described in the approved Budget as amended for
 FY2009-2010 of which additional tax increment will be needed in FY2010-2011 for such
 financing thereof.

 Question: Shall this Resolution be ADOPTED?

21. 100007 [Approving Central Subway Final Design Contract Package No. 2 - Stations -
 Not to Exceed $39,949,948]
 Resolution approving Municipal Transportation Agency Contract No. CS-155-2,
 Professional Architectural and Engineering Services for the final design and construction
 of the Central Subway Project, with the Central Subway Design Group, a Joint Venture of
 Parsons Brinkerhoff, Kwan Hemni Architecture and Michael Willis Architecture, in an
 amount not to exceed $39,949,948, for a term not to exceed ten years with an option to
 extend the term an additional two years.

 (Fiscal Impact.)

 Question: Shall this Resolution be ADOPTED?

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

22. 091443 [Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and
 Sports Stadiums]
 Sponsors: Mar; Avalos
 Ordinance amending Articles 19F and 19I of the San Francisco Health Code by
 amending Sections 1009.20-1009.23, 1009.25, and 1009.81, adding Sections 1009.26,
 1009.27, and 1009.29-1009.32, and repealing Section 1009.24, to prohibit smoking in: 1)
 business establishments and bars regardless of whether owner-operated; 2) common
 areas of multi-unit housing complexes; 3) tourist lodging facilities; 4) tobacco shops; 5)
 charity bingo games; 6) unenclosed dining areas of restaurants; 7) service waiting areas;
 8) areas outside entrances, exits and operable windows and vents of all buildings except
 at the curb of the nearest street, sidewalk or alley; 9) farmers markets; and 10) vehicles
 owned by the City and County of San Francisco; establishing obligations for property
 owners and managers to prevent smoking in prohibited areas; adding administrative
 procedures and penalties; repealing criminal penalties; adding provisions for cost
 recovery and liens; and adding Administrative Code Section 10.100-193, to establish a
 new Public Health Environmental Health Code Compliance Fund.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

23. 091477 [Zoning Map Amendments - 1415 Mission Street Project at Mission and Tenth
 Streets]
 Ordinance amending the Zoning Map of the City and County of San Francisco by
 amending Sectional Map 7 to change the use classification of the property located at
 1415 Mission Street (Assessor's Block No. 3510, Lot No. 001) from C-M (Heavy
 Commercial) to C-3-G (Downtown General Commercial) and adopting General Plan,
 Planning Code Section 101.1, and environmental findings. (Planning Commission)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Mar

24. 091370 [Determining Surviving Spouse Status for Retirement Purposes]
 Sponsor: Elsbernd
 Ordinance amending Chapter 16 of the Administrative Code by adding Administrative
 Code Section 16.80-8 to determine qualifications for "surviving spouse" status under the
 City's retirement plans.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

25. 091435 [Child Care Planning and Advisory Council Membership]
 Sponsor: Chiu
 Ordinance amending San Francisco Administrative Code by amending section 5.200, to:
 (1) reduce the number of members of the Child Care Planning and Advisory Council from
 30 to 25, and provide for the appointment of 12 members by the Board of Supervisors,
 12 members by the Board of Education, and the joint appointment of one member by the
 Board of Supervisors and Board of Education; (2) provide for the establishment of a
 Council Executive Committee; and (3) amend the attendance, qualification, membership
 term, and compensation provisions for Council Members.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 100055 [Initiative Ordinance - Budget Line Item for Police Department Dignitary
 Security - June 8, 2010, Election]
 Sponsor: Mirkarimi
 Motion ordering submitted to the voters an ordinance requiring the City’s annual budget
 to include an appropriation for the Police Department’s expenditures on security for City
 officials and dignitaries at an election to be held on June 8, 2010.

 Question: Shall this Motion be APPROVED?

27. 100056 [Declaration of Policy - Cannabis Regulation and Control - June 8, 2010,
 Election]
 Sponsors: Mirkarimi; Campos
 Motion ordering submitted to the voters a declaration of policy regarding the regulation of
 the cultivation and sale of cannabis at an election to be held on June 8, 2010.

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

28. 100186 [Appointment to San Francisco LAFCO - Supervisor Ross Mirkarimi]
 Motion appointing Supervisor Ross Mirkarimi, term ending February 4, 2014, to the San
 Francisco Local Agency Formation Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

29. 100187 [Appointment to Peninsula Corridor Joint Powers Board - Supervisor Sean
 Elsbernd]
 Motion appointing Supervisor Sean Elsbernd, term ending June 30, 2012, to the
 Peninsula Corridor Joint Powers Board. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

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

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

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

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

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

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

 Items 30 through 35

30. 100211 [Potrero Branch Library Reopening]
 Sponsor: Maxwell
 Resolution recognizing the Grand Reopening of the Potrero Branch Library and
 commending the San Francisco Public Library, residents of the Potrero, the Department
 of Public Works, and their team, for their hard work and commitment to San Francisco
 and its residents.
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

31. 100212 [Plan for Bicycle Facilities at Certain Dangerous Intersections and Street
 Segments]
 Sponsor: Daly
 Resolution calling upon the Municipal Transportation Agency to commence study and
 planning for bicycle facilities around the intersections of Market, Polk, Oak and 10th
 Street, and of Howard, South Van Ness, 13th Street and Division, and along Division,
 13th Street and Duboce from Folsom to Valencia.
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 100213 [Urging Further Collaboration to Improve the 2010 Bay to Breakers]
 Sponsor: Mirkarimi
 Resolution commending the improvements made to the 2009 Bay to Breakers and urging
 the race sponsors to further collaborate with City agencies, neighborhoods, and race
 advocates to develop plans that will minimize adverse impacts on affected
 neighborhoods while including floats and non-running participants and ensuring the
 long-term financial and logistical success of the race.
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

33. 100214 [Commending Brooks Orpik]
 Sponsors: Chu; Dufty
 Resolution commending Brooks Orpik for representing San Francisco in the 2010 Winter
 Olympics.
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

34. 100215 [Urging the State Legislature and San Francisco's State Legislative
 Delegation to Permit the Continued Sale of Rice-Based Noodles]
 Sponsor: Chiu
 Resolution urging the State Legislature and San Francisco's State Legislative Delegation
 to permit the continued sale of rice-based noodles.
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

35. 100216 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and
 Rebuttal Ballot Arguments for Submittal to the Voters at the June 8, 2010,
 Election]
 Motion authorizing preparation of written Proponent and Opponent ballot arguments and
 rebuttal ballot arguments for submittal to the voters at the June 8, 2010, Election. (Clerk
 of the Board)
 02/23/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

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

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

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

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

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED RESOLUTIONS
 Proposed resolutions received from February 16, 2010, to February 22, 2010, for
 reference by President to appropriate committee on March 2, 2010.

 100174 [Approval of Mental Health Services Act Innovation Work Plan]
 Resolution authorizing adoption of the Mental Health Services Act Innovation Work Plan
 and modification of Contract No. 07-77338-000 to include this Plan in the agreement.
 (Public Health Department)
 02/16/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 100175 [Approval of Mental Health Services Act FY2010-2011 Annual Plan Update]
 Resolution authorizing adoption of the Mental Health Services Act FY2010-2011 Plan
 Update for the Community Services and Support, Prevention and Early Intervention, and
 Workforce Education and Training and modification of Contract No. 07-77338-000 to
 include this Annual Update in the agreement. (Public Health Department)
 02/16/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 100176 [Approve a Lease with the Federal Express Corporation at Building 900]
 Resolution approving and authorizing the execution of Lease No. 09-0280 with Federal
 Express Corporation for cargo warehouse and support office space to be occupied by
 Federal Express Corporation in Building 900 at San Francisco International Airport.
 (Airport Commission)
 02/17/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 100177 [Real Property Lease Amendment - One Market Plaza]
 Resolution approving a lease at One Market Plaza, for the Department of Emergency
 Management under Administrative Code Section 23.27. (Real Estate Department)
 02/22/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 100192 [Petitions and Communications]
 Petitions and Communications received from February 13, 2010, through February 22,
 2010, for reference by the President to Committee considering related matters or to be
 ordered filed by the Clerk on March 2, 2010.

 From Police Department, submitting request for release of reserved funds in the amount
 of $14,112,750 for the purpose of supporting the COPS Hiring Recovery Program. Copy:
 Budget and Finance Chair, Clerk (1)

 From SF Bay Conservation and Development Commission, submitting the 2009 annual
 report. Copy: Each Supervisor (2)

 From T-Mobile, submitting notification letter of a proposed cellular site at 405 Valencia
 Street. (3)

 From T-Mobile, submitting notification letter of a proposed cellular site at 2155 Webster
 Street. (4)

 From Ziggy Tomcich, regarding MUNI management. (5)

 From Fredrick Schermer, regarding transportation and economics in Bayview Hunters
 Point. (6)

 From Residential Rent Stabilization and Arbitration Board, submitting their efficiency plan
 for FY2010-2011. (7)

 From Juliet Belkin, requesting a stoplight be placed at the busy intersection of 26th
 Avenue and Geary Boulevard. (8)

 From concerned citizens, submitting support for a Charter Amendment that would make
 the pay scale for MUNI operators subject to collective bargaining. 2 letters (9)

 From Joe Belen, regarding the Graffiti Task Force. (10)

 From concerned citizens, regarding the importance of Jimmy’s Old Car Picnic in Golden
 Gate Park. 2 letters (11)

 From PUC Purchasing Department, submitting request for waiver of Administrative Code
 Chapter 12B for Dellner Couplers, Inc. (12)

 From concerned citizens, concerning the lighting for the proposed Beach Chalet Soccer
 Field Project. 2 letters (13)

 From Verna Shaheen, submitting opposition to any plan for artificial turf in Golden Gate
 Park, along with a great number of lights for the purpose of soccer fields near the Beach
 Chalet. (14)

 From Carol Antraccoli, regarding the condition of Silver Avenue between Mission Street
 and San Bruno Avenue. (15)

 From Office of the Mayor, requesting Supervisors Chiu, Mirkarimi, Campos, Avalos, and
 Mar to withdraw the proposed initiative ordinance requiring police foot patrols. Copy:
 Each Supervisor (16)

 From Floyd Grandell, submitting opposition to legislation that mandates earthquake
 repairs. (17)

 From Chris Coghlan, suggesting all city workers take a 5% pay cut. (18)
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Board of Supervisors Meeting Agenda Tuesday, March 2, 2010

 From Perrie & Janice Costa, regarding the recology dump site at Ostrom Road in
 Wheatland, CA. (19)

 From Karen Grijalva, regarding the recent police crackdowns and arrests for soliciting in
 the Polk Street area. (20)

 From Arthur Evans, regarding the public safety crisis in the Haight and other
 neighborhoods. 2 letters (21)

 From Gloria Yee, regarding MUNI proposed budget cuts. (22)

 From James Corrigan, regarding budget reductions in the Fire Department. (23)

 From Jay Sath, regarding a recent MUNI accident. (24)

 From Michael Adams, concerning prohibiting smoking in enclosed areas, certain
 unenclosed areas, and sports stadiums. File No. 091443 (25)

 From Kimo Crossman, submitting questions about the Google Fiber experiment and the
 Committee on Information Technology. 2 letters (26)

 From State Office of Historic Preservation, notifying the Board of Supervisors that One
 Lombard Street was placed on the National Register of Historic Places. Copy: Each
 Supervisor (27)

 From State Public Utilities Commission, submitting notice that Pacific Gas & Electric
 Company has filed an application requesting changes to its electric rates effective
 January 1, 2011. Copy: Each Supervisor (28)

 From Tim Giangiobbe, regarding the homeless shelters in San Francisco. 2 letters (29)

 From Office of the Controller, submitting the bi-annual and monthly overtime report for
 FY2009-2010. (30)

 From David Guldmann, regarding the permanent homeless encampment on Stevenson
 Street (between Duboce Avenue and McCopin Street). (31)

 From Thomas Carter, regarding student habitual truancies. (32)

 From concerned citizens, submitting opposition to proposed legislation concerning
 discretionary review reform for a two-year trial period. 7 letters (33)

 ADJOURNMENT

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