# Board of Supervisors Minutes: March 2, 2010 - Meeting date: 2010-03-02 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/1978/2010-03-02-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m030210.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 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 - Pages: 2-3 - Sponsors: Elsbernd ### File 100142: Appropriating $2,816,535 of State and Federal Revenues for Various Purposes in the Human Services Agency for FY2009-2010 - Pages: 3 - Sponsors: Mayor; Dufty ### File 100143: Public Employment - Human Services Agency - Pages: 3 - Sponsors: Mayor ### File 100161: Adopting Implementation Plan for CleanPowerSF - Pages: 3 - Sponsors: Mirkarimi; Campos, Mar, Dufty, Chiu and Daly ### File 091424: Liquor License - 84 Second Street - Pages: 3-4 ### File 100032: Liquor License, 461 Pacific Avenue - Pages: 4 ### File 100083: Liquor License, 2111 Market Street - Pages: 4 ### File 100137: Accept and Expend Grant - Recreation and Park Department Urban Forestry Project - $200,000 - Pages: 4 - Sponsors: Mar ### File 100138: Accept and Expend Grant - Recreation and Park Department Urban Forestry Project - $65,000 - Pages: 4 - Sponsors: Mar ### File 091407: Recreation and Park Department - Naming Parcel 4 as Sutro Dunes - Pages: 4-5 - Sponsors: Mar; Maxwell ### File 100009: Acceptance of Streets and Roadway Structures for Maintenance and Liability Purposes - Pages: 5 - Sponsors: Dufty - Vote 1: final-passage, likely final - Action: 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 - Excused: Alioto-Pier ### File 100039: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure - Pages: 5-6 - Sponsors: Avalos; Campos, Mirkarimi and Mar - Vote 1: amendment - 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 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 - Excused: Alioto-Pier - Vote 2: first-reading - Action: 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 - Excused: Alioto-Pier ### File 091433: Reducing Employer Retirement Benefit Costs - Pages: 6 - Sponsors: Elsbernd; Mayor - Vote 1: amendment - Action: 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 ### File 100218: Committee of the Whole - Reducing Employer Retirement Benefit Costs - Pages: 6-7 ### File 100156: Reducing Employer Retirement Benefit Costs - Pages: 7-8 - Sponsors: Mar; Campos, Elsbernd and Mirkarimi - Vote 1: amendment - Action: 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 ### File 100059: Appropriating $3,257,575 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010 - Pages: 8 - Sponsors: Mayor - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 100099: Appropriating $1,233,664 of General Fund Reserve to the Public Defender for Salary Expenditures - Pages: 8 - Sponsors: Mar; Daly - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 100134: Health Service System Plans and Contribution Rates - Pages: 8-9 - Sponsors: Elsbernd - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 100135: Establishing Monthly Contribution Amount to Health Service Trust Fund - Pages: 9 - Sponsors: Elsbernd - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 091344: Redevelopment Agency Bond Authorization - $28,000,000 - Pages: 9 - Sponsors: Mayor; Avalos - Vote 1: continuance - Action: 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 - Excused: Alioto-Pier ### File 100007: Approving Central Subway Final Design Contract Package No. 2 - Stations - Not to Exceed $39,949,948 - Pages: 9-10 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 091443: Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and Sports Stadiums - Pages: 10 - Sponsors: Mar; Avalos - Vote 1: amendment - Action: 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 - Excused: Alioto-Pier - Vote 2: first-reading - Action: 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 - Excused: Alioto-Pier ### File 091477: Zoning Map Amendments - 1415 Mission Street Project at Mission and Tenth Streets - Pages: 10-11 - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 091370: Determining Surviving Spouse Status for Retirement Purposes - Pages: 11 - Sponsors: Elsbernd - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 091435: Child Care Planning and Advisory Council Membership - Pages: 11 - Sponsors: Chiu - Vote 1: first-reading - Action: 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 - Excused: Alioto-Pier ### File 100055: Initiative Ordinance - Budget Line Item for Police Department Dignitary Security - June 8, 2010, Election - Pages: 11 - Sponsors: Mirkarimi; Campos - Vote 1: approval, likely final - Action: 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 ### File 100056: Declaration of Policy - Cannabis Regulation and Control - June 8, 2010, Election - Pages: 11-12 - Sponsors: Mirkarimi; Campos - Vote 1: tabling - Action: 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 - Excused: Alioto-Pier - Vote 2: other - Action: 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 - Excused: Alioto-Pier, Mirkarimi ### File 100186: Appointment to San Francisco LAFCO - Supervisor Ross Mirkarimi - Pages: 12 - Vote 1: approval, likely final - Action: 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 - Excused: Alioto-Pier, Mirkarimi - Vote 2: other - Action: 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 - Excused: Alioto-Pier, Elsbernd ### File 100187: Appointment to Peninsula Corridor Joint Powers Board - Supervisor Sean Elsbernd - Pages: 12 - Vote 1: approval, likely final - Action: 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 - Excused: Alioto-Pier, Elsbernd ### File 100212: Plan for Bicycle Facilities at Certain Dangerous Intersections and Street Segments - Pages: 13 - Sponsors: Daly; Campos ### File 100214: Commending Brooks Orpik - Pages: 13-14 - Sponsors: Chu; Dufty and Campos ### File 100215: Urging the State Legislature and San Francisco's State Legislative Delegation to Permit the Continued Sale of Rice-Based Noodles - Pages: 14 - Sponsors: Chiu; Campos - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 100211: Potrero Branch Library Reopening - Pages: 14 - Sponsors: Maxwell; Campos - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 100213: Urging Further Collaboration to Improve the 2010 Bay to Breakers - Pages: 14-15 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 100216: Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the June 8, 2010, Election - Pages: 15 - Vote 1: amendment - Action: 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 - Excused: Alioto-Pier - Vote 2: approval, likely final - Action: (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 - Excused: Alioto-Pier ### File 100223: Supporting the Statewide Action for Public Education Day - March 4, 2010 - Pages: 15-16 - Sponsors: Avalos; Dufty and Mirkarimi - Vote 1: adoption, likely final - Action: 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 - Excused: Alioto-Pier ### File 100232: Accept and Expend Grant – Supported Employment Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $166,981.50 - Pages: 16 - Sponsors: Mirkarimi ### File 100233: Prohibition on Sitting or Lying on Public Sidewalks - Pages: 16 - Sponsors: Mayor; Alioto-Pier ### File 100227: Accept and Expend Grant - Phase One Improvements to Presidio Heights Playground - $910,800 - Pages: 16 - Sponsors: Alioto-Pier ### File 100228: Redevelopment Agency Budget FY2009-2010 - Pages: 16-17 - Sponsors: Avalos ### File 100229: Accept and Expend Grant – Ogden Terrace Community Garden Landscape - $88,000 - Pages: 17 - Sponsors: Campos ### File 100230: Accept and Expend Grant - San Francisco Vaccine and Prevention Unit - $47,759 - Pages: 17 - Sponsors: Chu; Mar ### File 100231: Accept and Expend Grant - Buena Vista Park Project, Phase II - $115,025 - Pages: 17 - Sponsors: Dufty ### File 100236: Supporting the March to Sacramento to Protect Public Higher Education in California - March 22, 2010 - Pages: 17 - Sponsors: Avalos; Mar and Campos ### File 100237: Extending the Life of Western SoMa Citizens Planning Task Force - Pages: 17 - Sponsors: Daly ### File 100238: Endorsing the California Democracy Act - Pages: 17-18 - Sponsors: Mar; Avalos, Mirkarimi and Campos ### File 100239: Supporting Senate Bill 438 Regarding Charter Schools - Pages: 18 - Sponsors: Mar; Campos ### File 100240: Supporting Senate Bill 330 Regarding University of California - Pages: 18 - Sponsors: Mar ### File 100241: Support of Institutional Financial Aid for Students Affected by the Provision of Assembly Bill 540 - Pages: 18 - Sponsors: Mar; Campos ### File 100242: Call for the Federal Government to Release California Gray Whale Population Research Findings and Fund Assessment - Pages: 18 - Sponsors: Mirkarimi; Campos ### File 100235: Transferring the Police Department’s Functions, Assets and Operations to the Sheriff - Pages: 18-19 - Sponsors: Daly ### File 100224: California Pacific Medical Center - Pacific Campus Hemodialysis Unit - Pages: 19 - Sponsors: Alioto-Pier ### File 100225: Ongoing Budget Updates - Pages: 19 - Sponsors: Avalos ### File 100226: Neighborhood Streets Status Update - Pages: 19 - Sponsors: Chu ### File 100234: Committee of the Whole - Just Cause Eviction Protections for Residential Tenants in Properties Subject to Foreclosure Which Adds to the Definition of "Foreclosure" and Includes New Noticing Requirements - Pages: 19 ### File 100174: Approval of Mental Health Services Act Innovation Work Plan - Pages: 19-20 - Sponsors: Mirkarimi ### File 100175: Approval of Mental Health Services Act FY2010-2011 Annual Plan Update - Pages: 20 - Sponsors: Mirkarimi ### File 100176: Approval of a Lease with the Federal Express Corporation at San Francisco International Airport - Pages: 20 ### File 100177: Real Property Lease Amendment - One Market Plaza - Pages: 20-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/1978/2010-03-02-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, March 2, 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 7 ### [Page 2](https://sfbos.info/documents/1978/2010-03-02-minutes#page-2) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Members Present: John Avalos, 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 2:13 p.m. On the call of the roll, Supervisor Alioto-Pier was noted absent. There was a quorum. Supervisor Alioto-Pier Excused from Voting Supervisor Elsbernd, seconded by Supervisor Maxwell, moved that Supervisor Alioto-Pier be excused from voting. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 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.) Ordinance No. 42-10 FINALLY PASSED City and County of San Francisco Page 168 Printed at 3:33 pm on 3/31/10 ### [Page 3](https://sfbos.info/documents/1978/2010-03-02-minutes#page-3) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 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. Ordinance No. 43-10 FINALLY PASSED 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. Ordinance No. 44-10 FINALLY PASSED 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. Ordinance No. 45-10 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 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. Resolution No. 62-10 ADOPTED City and County of San Francisco Page 169 Printed at 3:33 pm on 3/31/10 ### [Page 4](https://sfbos.info/documents/1978/2010-03-02-minutes#page-4) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 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. Resolution No. 63-10 ADOPTED 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. Resolution No. 64-10 ADOPTED 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. Resolution No. 65-10 ADOPTED 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. Resolution No. 66-10 ADOPTED Recommendations of the Land Use and Economic Development Committee 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." Ordinance No. 46-10 FINALLY PASSED City and County of San Francisco Page 170 Printed at 3:33 pm on 3/31/10 ### [Page 5](https://sfbos.info/documents/1978/2010-03-02-minutes#page-5) Board of Supervisors Meeting Minutes Tuesday, 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier REGULAR AGENDA UNFINISHED BUSINESS From the Board 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 171 Printed at 3:33 pm on 3/31/10 ### [Page 6](https://sfbos.info/documents/1978/2010-03-02-minutes#page-6) Board of Supervisors Meeting Minutes Tuesday, March 2, 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. ORDERED SUBMITTED. The motion FAILED by the following vote: Ayes: 4 - Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Excused: 1 - Alioto-Pier Board of Supervisors Sitting as a Committee of the Whole 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) The President inquired as to whether any member of the public wished to address the Board relating to "Reducing Employer Retirement Benefit Costs" as referenced in File No. 100156. Tim Paulson spoke expressing concerns relating to pension reform. Robert Haaland (SEIU) spoke expressing various concerns. Bob Muskat (Labor Council) spoke expressing concerns relating to cost savings to the City. Tom O'Conner (Fire Union) spoke expressing concerns relating to pension reform. There were no other 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 172 Printed at 3:33 pm on 3/31/10 ### [Page 7](https://sfbos.info/documents/1978/2010-03-02-minutes#page-7) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 From the Board 100156 [Reducing Employer Retirement Benefit Costs] Sponsors: Mar; Campos, Elsbernd and Mirkarimi 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. Supervisors Elsbernd and Mirkarimi requested to be added as co-sponsors. ORDERED SUBMITTED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier City and County of San Francisco Page 173 Printed at 3:33 pm on 3/31/10 ### [Page 8](https://sfbos.info/documents/1978/2010-03-02-minutes#page-8) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 174 Printed at 3:33 pm on 3/31/10 ### [Page 9](https://sfbos.info/documents/1978/2010-03-02-minutes#page-9) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 175 Printed at 3:33 pm on 3/31/10 ### [Page 10](https://sfbos.info/documents/1978/2010-03-02-minutes#page-10) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Recommendations of the Land Use and Economic Development Committee 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. 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 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. 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 176 Printed at 3:33 pm on 3/31/10 ### [Page 11](https://sfbos.info/documents/1978/2010-03-02-minutes#page-11) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Recommendations of the Rules Committee 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 177 Printed at 3:33 pm on 3/31/10 ### [Page 12](https://sfbos.info/documents/1978/2010-03-02-minutes#page-12) 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: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 2 - 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: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell Excused: 2 - 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: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 2 - 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: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Elsbernd SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Maxwell, seconded by Supervisor Mirkarimi, 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Supervisor Maxwell introduced, welcomed, and presented Certificates of Honor to De'Monique Carrol (Visitation Valley Boys and Girls Club) and Jacquelyn Fuller (Willie Mays Boys and Girls Club of Bayview Hunters Point) in recognition of their accomplishments and continued community support. City and County of San Francisco Page 178 Printed at 3:33 pm on 3/31/10 ### [Page 13](https://sfbos.info/documents/1978/2010-03-02-minutes#page-13) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdullah Megaheed; expressed various concerns in Arabic and English. James Chaffee; expressed concerns relating to the SF Public Library. David Pilpel; expressed concerns relating to MTA layoffs. Emil Lawrence; expressed various concerns. Male Speaker; expressed various religious concerns. Walter Paulson; shared in song certain concerns with the Board. Zachery Running-Wolf; expressed concerns relating to sit/lie legislation. Slum Jack; expressed concerns relating to social justice. Christopher Dahl; expressed concerns relating to seismic upgrades. Male Speaker; expressed concerns relating to SF Public Library. Peter Warfield; expressed concerns relating to the SF Public Library. Richard McRee; expressed concerns relating to technology, inventions and patents. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 100212 [Plan for Bicycle Facilities at Certain Dangerous Intersections and Street Segments] Sponsors: Daly; Campos 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. Resolution No. 73-10 Supervisor Campos requested to be added as a co-sponsor. ADOPTED 100214 [Commending Brooks Orpik] Sponsors: Chu; Dufty and Campos Resolution commending Brooks Orpik for representing San Francisco in the 2010 Winter Olympics. Resolution No. 69-10 Supervisor Campos requested to be added as a co-sponsor. ADOPTED City and County of San Francisco Page 179 Printed at 3:33 pm on 3/31/10 ### [Page 14](https://sfbos.info/documents/1978/2010-03-02-minutes#page-14) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Severed from the For Adoption Without Committee Reference Agenda Supervisor Maxwell requested that File No. 100211 be severed so that it may be considered separately. 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Supervisor Mirkarimi requested that File No. 100213 be severed so that it may be considered separately. 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 180 Printed at 3:33 pm on 3/31/10 ### [Page 15](https://sfbos.info/documents/1978/2010-03-02-minutes#page-15) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Supervisor Elsbernd requested that File No. 100216 be severed so that it may be considered separately. 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier (Clerk of the Board) Motion No. M10-39 APPROVED AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Dufty, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier [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. Supervisor Avalos, seconded by Supervisor Dufty, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - 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: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier City and County of San Francisco Page 181 Printed at 3:33 pm on 3/31/10 ### [Page 16](https://sfbos.info/documents/1978/2010-03-02-minutes#page-16) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 100232 [Accept and Expend Grant – Supported Employment Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $166,981.50] Sponsor: Mirkarimi Ordinance authorizing the Office of the Public Defender to retroactively accept and expend a grant in the amount of $166,981.50 from the Metta Fund Foundation to implement a Supported Employment Program to assist Public Defender clients with mental illness in securing competitive employment, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to reflect addition of one (1) grant-funded position (0.25 FTE) in Class 2910 Social Worker at the Office of the Public Defender. 03/02/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100233 [Prohibition on Sitting or Lying on Public Sidewalks] Sponsors: Mayor; Alioto-Pier Ordinance amending San Francisco Police Code by adding Section 168 to prohibit sitting or lying down upon a public sidewalk during specified hours, and with exceptions for the disabled and others. 03/02/10; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 4/1/2010. Resolutions 100227 [Accept and Expend Grant - Phase One Improvements to Presidio Heights Playground - $910,800] Sponsor: Alioto-Pier Resolution authorizing the Department of Recreation and Parks to retroactively accept and expend a gift valued at $910,800 from the Friends of Presidio Heights Playground through the San Francisco Parks Trust for Phase One Improvements to Presidio Heights Playground. 03/02/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100228 [Redevelopment Agency Budget FY2009-2010] Sponsor: Avalos Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for FY2009-2010 by increasing the Agency's tax increment bond proceeds by $28,000,000 and authorizing expenditures in an amount not to exceed $28,800,000 for payment to the Supplemental Educational Revenue Augmentation Fund. 03/02/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 182 Printed at 3:33 pm on 3/31/10 ### [Page 17](https://sfbos.info/documents/1978/2010-03-02-minutes#page-17) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 100229 [Accept and Expend Grant – Ogden Terrace Community Garden Landscape - $88,000] Sponsor: Campos Resolution authorizing the Department of Recreation and Parks to retroactively accept and expend a gift valued at $88,000 from the San Francisco Conservation Corps, to replace landscape retaining walls and steps at Ogden Terrace Community Garden. 03/02/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100230 [Accept and Expend Grant - San Francisco Vaccine and Prevention Unit - $47,759] Sponsors: Chu; Mar Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $47,759 from the Public Health Foundation Enterprises, Inc., to assist with a project entitled “San Francisco Vaccine and Prevention Unit” for the period of January 1, 2010, through August 31, 2011. 03/02/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100231 [Accept and Expend Grant - Buena Vista Park Project, Phase II - $115,025] Sponsor: Dufty Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant for the Buena Vista Park Project, Phase II, in the amount of $115,025 available under the Federal Land and Water Conservation Fund Program administered by the California Department of Parks and Recreation under the provisions of the Land and Water Conservation Fund Act of 1965. 03/02/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100236 [Supporting the March to Sacramento to Protect Public Higher Education in California - March 22, 2010] Sponsors: Avalos; Mar and Campos Resolution supporting the March 22, 2010, "March in March IV" Sacramento to protect and promote public higher education in California and to urge State government officials to work together on FY2010-2011 budget that does not include cuts to public education and student fee increases. 100237 [Extending the Life of Western SoMa Citizens Planning Task Force] Sponsor: Daly Resolution extending the life of the Western SoMa Citizens Planning Task Force. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100238 [Endorsing the California Democracy Act] Sponsors: Mar; Avalos, Mirkarimi and Campos Resolution endorsing the California Democracy Act and supporting the campaign to ensure its passage in 2010. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 183 Printed at 3:33 pm on 3/31/10 ### [Page 18](https://sfbos.info/documents/1978/2010-03-02-minutes#page-18) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 100239 [Supporting Senate Bill 438 Regarding Charter Schools] Sponsors: Mar; Campos Resolution supporting Senate Bill 438 to ensure all charter schools adhere to the state's student speech and employee protection laws. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100240 [Supporting Senate Bill 330 Regarding University of California] Sponsor: Mar Resolution supporting Senate Bill 330 for increased transparency and accountability in auxiliary organizations and foundations in the University of California and California State University systems. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100241 [Support of Institutional Financial Aid for Students Affected by the Provision of Assembly Bill 540] Sponsors: Mar; Campos Resolution supporting institutional financial aid for students affected by the provision of Assembly Bill 540. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100242 [Call for the Federal Government to Release California Gray Whale Population Research Findings and Fund Assessment] Sponsors: Mirkarimi; Campos Resolution calling on the Federal Government to make California Gray Whale (Eschrichtius Robustus) population research findings immediately available and to fund the National Marine & Fisheries Service to assess the major threats to the California Gray Whale. 03/02/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Charter Amendment 100235 [Transferring the Police Department’s Functions, Assets and Operations to the Sheriff] Sponsor: Daly Charter Amendment (First Draft) to to amend the Charter of the City and County of San Francisco by amending Section 6.105 and providing for the repeal of Section 4.109, to transfer the Police Department’s functions, assets and operations to the Sheriff. City and County of San Francisco Page 184 Printed at 3:33 pm on 3/31/10 ### [Page 19](https://sfbos.info/documents/1978/2010-03-02-minutes#page-19) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Requests for Hearing 100224 [California Pacific Medical Center - Pacific Campus Hemodialysis Unit] Sponsor: Alioto-Pier Hearing regarding information about California Pacific Medical Center's potential plans to sell the Pacific Campus Hemodialysis Unit to DaVita, a for-profit dialysis company and whether patient care will be compromised in such an event. 03/02/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100225 [Ongoing Budget Updates] Sponsor: Avalos Ongoing hearing to consider updates from the Mayor's Office and from various City departments, including budget balancing strategies and proposals, as well as matters, such as local, state, and federal changes to revenue, that may impact the budget. 03/02/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100226 [Neighborhood Streets Status Update] Sponsor: Chu Hearing request for status of neighborhood streets including: 1) update from Capital Planning Committee on the progress of funding for street repairs; 2) a report from 311 on number of service requests for street repairs from each district/neighborhood and response time; and 3) the process of neighborhood requests for restriping of roadways and crosswalks. 03/02/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100234 [Committee of the Whole - Just Cause Eviction Protections for Residential Tenants in Properties Subject to Foreclosure Which Adds to the Definition of "Foreclosure" and Includes New Noticing Requirements] Hearing of persons interested in or objecting to new amendments to proposed Ordinance relating to just cause eviction protections for residential tenants in properties subject to foreclosure which adds to the definition of "foreclosure" and includes new noticing requirements. (Clerk of the Board) 03/02/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. Introduced by President at Request of Department PROPOSED RESOLUTIONS 100174 [Approval of Mental Health Services Act Innovation Work Plan] Sponsor: Mirkarimi 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) 02/16/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 185 Printed at 3:33 pm on 3/31/10 ### [Page 20](https://sfbos.info/documents/1978/2010-03-02-minutes#page-20) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 100175 [Approval of Mental Health Services Act FY2010-2011 Annual Plan Update] Sponsor: Mirkarimi 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) 02/16/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100176 [Approval of a Lease with the Federal Express Corporation at San Francisco International Airport] 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) 02/17/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 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) 02/22/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 186 Printed at 3:33 pm on 3/31/10 ### [Page 21](https://sfbos.info/documents/1978/2010-03-02-minutes#page-21) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Requests Granted From: Supervisor Daly To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation that bans carrying concealed weapons in house of worship. From: Supervisor Chu To: City Attorney To: Controller Requesting/Inquiring: Inquiring to the City Attorney’s Office/Controller’s Office on the number of claims and amount paid out in settlements against the city and County of San Francisco in the past 10 years. Please indicate specifically the number and value of claims categorized by types of claims (ie: damage to property due to flooding, vehicle collisions, personal injury due to uneven roadways, etc). 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 utility poles at the following locations: Wood Poles In front of 242 Fillmore In front of 20 Fillmore Metal Poles Northeast corner Broderick & Haight Northwest corner Fillmore & Fell Southeast corner Fulton & Laguna Southwest corner Laguna & Turk Webster & Fulton, in the median In front of 558 Waller In front of 242 Fillmore 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: 400 Divisadero 2270 Bush 1619 Laguna 1140 Fell, on the fence 248 Scott 160 Pierce 436 Buchanan, on the wood flower boxes 747 Haight 630 Haight 533 Haight 55 Laguna, on Buchanan & Haight sides 901 Haight 981 Haight 100 Broderick, on the Haight side 670 Stanyan 1425 Oak City and County of San Francisco Page 187 Printed at 3:33 pm on 3/31/10 ### [Page 22](https://sfbos.info/documents/1978/2010-03-02-minutes#page-22) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 1215 Oak 1374 Haight 1468 Haight 202 Webster 600 Oak 429 Webster 1649 Haight 745 Haight 707 Haight 681 Haight 609 Haight 542 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes and Sidewalk issues Intersection Fillmore & Turk 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 public property locations: Utility Box Southeast corner Geary & Laguna Bus Shelters Southeast corner Haight near Stanyan, Southside of street Southwest corner Buchanan & Haight Southeast corner Stanyan & Oak Southwest corner Buena Vista East & Haight Northeast corner Geary & Laguna Fillmore & Haight (all 4 bus stops, graffiti and grime) Emergency Box Northeast corner Fell & Divisadero 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: Garbage Cans Northwest corner Clayton & Fulton Southeast corner Haight & Fillmore Mailboxes Southwest corner Webster & Oak Northeast corner Cole & Fulton Southwest corner Masonic & Haight Street Wall and Overpasses Geary & Steiner on the Southwest corner & Northwest corner City and County of San Francisco Page 188 Printed at 3:33 pm on 3/31/10 ### [Page 23](https://sfbos.info/documents/1978/2010-03-02-minutes#page-23) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 Vacant Lot Muni-Substation on Turk Street 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 newsstands at the following locations: San Francisco Bay Guardian Southeast corner Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irvine and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore In Memoriams Dr. Rahmatollah Pakdel – Supervisor Ross Mirkarimi Loni Ding – Supervisor Eric Mar City and County of San Francisco Page 189 Printed at 3:33 pm on 3/31/10 ### [Page 24](https://sfbos.info/documents/1978/2010-03-02-minutes#page-24) Board of Supervisors Meeting Minutes Tuesday, March 2, 2010 ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:00 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 30, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 190 Printed at 3:33 pm on 3/31/10