# 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 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

## Extracted text

### [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