# 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 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

## Extracted text

### [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
