Board of Supervisors Minutes: March 2, 2010

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. Ordinance No. 47-10 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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 Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

espective "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. ORDERED SUBMITTED. The motion FAILED by the following vote:

Ayes: Chu, Dufty, Elsbernd, Maxwell

Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Excused: Alioto-Pier

id 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. Supervisors Elsbernd and Mirkarimi requested to be added as co-sponsors. ORDERED SUBMITTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

Excused: Alioto-Pier

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.) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100099 [Appropriating $1,233,664 of General Fund Reserve to the Public Defender for Salary Expenditures] Sponsors: Mar; Daly 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. Supervisor Daly requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100135 [Establishing Monthly Contribution Amount to Health Service Trust Fund] Sponsor: Elsbernd Resolution establishing monthly contribution amount to Health Service Trust Fund. Resolution No. 67-10 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED to March 16, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100007 [Approving Central Subway Final Design Contract Package No. 2 - Stations - Not to Exceed $39,949,948] Sponsor: Chu 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.) Resolution No. 68-10 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

sco 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. Supervisor Mar, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

h 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. Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to March 9, 2010. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100055 [Initiative Ordinance - Budget Line Item for Police Department Dignitary Security - June 8, 2010, Election] Sponsors: Mirkarimi; Campos 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. Motion No. M10-36 Supervisor Campos requested to be added as a co-sponsor. APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: Chu, Dufty, Elsbernd

Excused: Alioto-Pier

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. Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

City and County of San Francisco Page 177 Printed at 3:33 pm on 3/31/10 Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Supervisor Mirkarimi Excused from Voting Supervisor Maxwell, seconded by Supervisor Dufty, moved that Supervisor Mirkarimi be excused from voting on File No. 100186. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

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) Motion No. M10-37 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell

Noes: None

Excused: Alioto-Pier, Mirkarimi

Supervisor Elsbernd Excused from Voting Supervisor Campos, seconded by Supervisor Mirkarimi, moved that Supervisor Elsbernd be excused from voting on File No. 100187. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier, Elsbernd

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) Motion No. M10-38 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier, Elsbernd

100215 [Urging the State Legislature and San Francisco's State Legislative Delegation to Permit the Continued Sale of Rice-Based Noodles] Sponsors: Chiu; Campos Resolution urging the State Legislature and San Francisco's State Legislative Delegation to permit the continued sale of rice-based noodles. Resolution No. 70-10 Supervisor Campos requested to be added as a co-sponsor. ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100211 [Potrero Branch Library Reopening] Sponsors: Maxwell; Campos 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. Resolution No. 71-10 Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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. Resolution No. 72-10 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

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) Supervisor Elsbernd, seconded by Supervisor Daly, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

(Clerk of the Board) Motion No. M10-39 APPROVED AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier

100223 [Supporting the Statewide Action for Public Education Day - March 4, 2010] Sponsors: Avalos; Dufty and Mirkarimi Resolution expressing support for the March 4, 2010, Day of Statewide Action in recognition of public education as a basic human right. Resolution No. 74-10 Supervisors Dufty and Mirkarimi requested to be added as co-sponsors. ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Excused: Alioto-Pier