# Board of Supervisors Minutes: March 9, 2010 - Meeting date: 2010-03-09 - Document type: minutes - Source format: PDF - Extracted pages: 29 - [Canonical HTML transcript](https://sfbos.info/documents/1980/2010-03-09-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m030910.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100059: Appropriating $3,257,575 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010 - Pages: 3 - Sponsors: Mayor ### File 100099: Appropriating $1,233,664 of General Fund Reserve to the Public Defender for Salary Expenditures - Pages: 3 - Sponsors: Mar; Daly ### File 100134: Health Service System Plans and Contribution Rates - Pages: 3 - Sponsors: Elsbernd ### File 100219: Accept and Expend Grant - State Energy Program - $2,993,029 - Pages: 3-4 - Sponsors: Mayor ### File 100167: Agreement to Purchase Two Access Road Easements Over Portions of APN 016-002-014 Located in Stanislaus County - Pages: 4 ### File 100209: Accept and Expend Grant - American Recovery and Reinvestment Act - $2,080,000 - Pages: 4 - Sponsors: Mayor; Dufty and Mar ### File 100210: Accept Grant - American Recovery and Reinvestment Act - $875,957 - Pages: 4 - Sponsors: Mayor ### File 100139: Budget and Legislative Analyst Audit of the Alemany Farmers’ Market - Pages: 4-5 - Sponsors: Maxwell ### File 091477: Zoning Map Amendments - 1415 Mission Street Project at Mission and Tenth Streets - Pages: 5 ### File 100100: Accept and Expend Grant - Department of Juvenile Probation - $150,000 - Pages: 5 - Sponsors: Maxwell ### File 091370: Determining Surviving Spouse Status for Retirement Purposes - Pages: 5 - Sponsors: Elsbernd ### File 091435: Child Care Planning and Advisory Council Membership - Pages: 5-6 - Sponsors: Chiu - Vote 1: final-passage, likely final - 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. 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 091165: Zoning - Parking Requirements and Garage Installation in Existing Residential Buildings in Telegraph Hill, North Beach, and Chinatown - Pages: 6-7 - Sponsors: Chiu - Vote 1: amendment - Action: requirements in the Broadway and North Beach NCDs, the Telegraph Hill - North Beach Residential Special Use District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus Avenue between Washington and North Point Streets, Broadway from the Embarcadero on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use Districts to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending Section 161 to require a conditional use to install a garage in an existing residential structure; amending the Public Works Code by amending Section 723.2 to prohibit the issuance of minor sidewalk encroachment permit that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Fiscal Impact.) Supervisor Chu, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 65, Line 13, replacing 'Polk' with 'Mason.' The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Alioto-Pier - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Chu, Elsbernd - Excused: Alioto-Pier ### File 091443: Prohibiting Smoking in Enclosed Areas, Certain Unenclosed Areas, and Sports Stadiums - Pages: 7 - Sponsors: Mar; Avalos - Vote 1: amendment - Action: .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. Privilege of the floor was granted to Dr. Mitch Katz, Director of the Department of Public Health, who provided an overview. Supervisor Mar, seconded by Supervisor Maxwell, 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: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### 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: 7-8 ### File 100039: Just Cause Eviction Protections for Residential Tenants, Extend to Non-Rent Controlled Units that are Subjected to Foreclosure - Pages: 8 - Sponsors: Avalos; Campos, Mirkarimi and Mar - Vote 1: amendment - Action: l 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 Elsbernd, moved that this Ordinance be AMENDED on Page 45, Line 13, after 'evicted,' by adding 'by the person or entity who took title through foreclosure (see Section 37.9D(a))' and on Page 45, Line 15, after 'Chapter 37;' by adding 'or at the end of the tenant's existing lease, whichever occurs later.' 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: 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 to provide for particular notice of rights to tenants in possession of a rental unit at the time of foreclosure, and that failure to provide the notice can be an affirmative defense in unlawful detainer proceedings; findings in support of the legislation; severability clause; technical corrections. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100113: Private Ambulance Regulatory Fee Payments - Pages: 8-9 - Sponsors: Avalos - Vote 1: first-reading - Action: 100113 [Private Ambulance Regulatory Fee Payments] Sponsor: Avalos Ordinance amending Business and Tax Regulations Code Section 249.8 to require payment of private ambulance regulatory fees to the Department of Emergency Management rather than to the City Treasurer. (Department of Emergency Management) Supervisor Avalos requested to be added as sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100105: Approval of Contract for Uncompensated Reimbursement Recovery Services for the Department of Public Health - $16,570,000 - Pages: 9 - Vote 1: adoption, likely final - Action: 100105 [Approval of Contract for Uncompensated Reimbursement Recovery Services for the Department of Public Health - $16,570,000] Resolution authorizing the San Francisco Department of Public Health to amend its contract with Health Advocates, LLC to provide uncompensated reimbursement recovery services for the term of April 1, 2006, through December 31, 2013, in the amount of $16,570,000. (Public Health Department) (Fiscal Impact.) ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100141: Declaring the City's Intention to Appropriate Available Rainy Day Reserve Funds to the San Francisco Unified School District - Pages: 9 - Sponsors: Mayor; Dufty, Chiu and Mar - Vote 1: adoption, likely final - Action: 100141 [Declaring the City's Intention to Appropriate Available Rainy Day Reserve Funds to the San Francisco Unified School District] Sponsors: Mayor; Dufty, Chiu and Mar Resolution declaring the City's intention to appropriate available Rainy Day Reserve funds to the San Francisco Unified School District, to help the District cope with the loss of State funding for the 2010-2011 school year. Supervisor Mar 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 100023: Requiring that Census Workers be Allowed Access to Residential Hotels to Engage in Census Activities - Pages: 9-10 - Sponsors: Mirkarimi; Mar, Campos and Chiu - Vote 1: first-reading - Action: 100023 [Requiring that Census Workers be Allowed Access to Residential Hotels to Engage in Census Activities] Sponsors: Mirkarimi; Mar, Campos and Chiu Ordinance amending the San Francisco Administrative Code by amending Section 41D.4, to add a new goal to the Uniform Visitor Policy and any Supplemental Visitor Policies to ensure that census workers engaged in census activities are allowed access to Residential Hotels, and requesting the Rent Board to amend the Uniform Visitor Policy to incorporate this addition. Supervisors Mar and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100160: Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010 - Pages: 10 - Sponsors: Maxwell - Vote 1: first-reading - Action: 100160 [Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010] Sponsor: Maxwell Ordinance appropriating $400,000 of revenues from the transfer of a 50-foot by 628-foot strip of Channel Street on the southwest side of 7th Street owned by the City and County of San Francisco, in exchange for 35,250 square feet of land at the southwest corner of Tocoloma and Lathrop Avenues owned by Norcal Waste Systems, Inc. for park and open space planning in the Showplace Square/Potrero Hill Plan Area of the Eastern Neighborhoods Program in the City Planning Commission, the Recreation and Park Department, and the Department of Public Works for FY2009-2010. PASSED ON FIRST READING by the following vote: - Ayes: Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Avalos, Campos, Daly - Excused: Alioto-Pier ### File 091113: Seismic Strengthening of Soft-Story, Wood-Frame Buildings - Pages: 10 - Sponsors: Mayor; Campos and Chiu - Vote 1: first-reading - Action: 091113 [Seismic Strengthening of Soft-Story, Wood-Frame Buildings] Sponsors: Mayor; Campos and Chiu Ordinance finding a compelling public policy basis for expediting the processing and review of permits for voluntary seismic retrofit upgrades of soft-story, wood-frame buildings and amending the Planning Code, Building Code, Fire Code, and Public Works Code to waive permit processing fees for the proportionate share of work related to such seismic retrofit upgrades; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1. (Economic Impact.) Supervisor Campos 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 091406: Street Encroachment at 1 Webster Street - Pages: 10-11 - Sponsors: Dufty - Vote 1: first-reading - Action: 091406 [Street Encroachment at 1 Webster Street] Sponsor: Dufty Ordinance granting revocable permission to Cross Cultural Family Center, Inc., to occupy a portion of the public right-of-way to construct and maintain a fenced outdoor play space with a trellised entry, a seating area and stroller parking on the west side of Webster Street between Duboce Avenue and Hermann Street, for a new child development center at 1 Webster Street (Block No. 0874, Lot No. 014); waiving the annual right-of-way occupancy assessment fee; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100029: Acceptance of Sewer Main and Reissuance of Encroachment Permit for Poppy Lane - Pages: 11 - Sponsors: Dufty - Vote 1: first-reading - Action: 100029 [Acceptance of Sewer Main and Reissuance of Encroachment Permit for Poppy Lane] Sponsor: Dufty Ordinance accepting an irrevocable offer for a sewer main; dedicating said improvements for public use; accepting a sewer main on Poppy Lane for maintenance and liability purposes; rescinding Resolution No. 493-00 in order to modify and reissue the major encroachment permit for 101 Poppy Lane in accordance with this Ordinance; accepting Department of Public Works Order No. 178,477; adopting environmental findings and findings that such actions are consistent with the City’s General Plan and the eight priority policies of City Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100020: Penalties for Assaulting or Battering a Patrol Special Officer - Pages: 11 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 100020 [Penalties for Assaulting or Battering a Patrol Special Officer] Sponsor: Dufty Resolution encouraging the Chief of the San Francisco Police Department to consider imposition of increased potential penalties for individuals who commit assault or battery on a patrol special police officer. ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100205: Accept and Expend Grant - FY2009 Federal Interoperable Emergency Communications Program - $1,370,063 - Pages: 12 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 100205 [Accept and Expend Grant - FY2009 Federal Interoperable Emergency Communications Program - $1,370,063] Sponsor: Chu Resolution authorizing the Department of Emergency Management, as primary grantee and fiscal agent for the Capitol-Bay Planning Area, to accept and expend retroactively a FY2009 Interoperable Emergency Communications Program Grant award in the amount of $1,370,063 from the United States Department of Homeland Security, through the California Emergency Management Agency, for the period June 1, 2009, to February 28, 2011. ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100236: Supporting the March to Sacramento to Protect Public Higher Education in California - March 22, 2010 - Pages: 13-14 - Sponsors: Avalos; Mar and Campos ### File 100237: Extending the Life of Western SoMa Citizens Planning Task Force - Pages: 14 - Sponsors: Daly ### File 100238: Endorsing the California Democracy Act - Pages: 14 - Sponsors: Mar; Avalos, Mirkarimi and Campos ### File 100239: Supporting Senate Bill 438 Regarding Charter Schools - Pages: 14 - Sponsors: Mar; Campos ### File 100241: Support of Institutional Financial Aid for Students Affected by the Provision of Assembly Bill 540 - Pages: 14 - Sponsors: Mar; Campos ### File 100242: Call for the Federal Government to Release California Gray Whale Population Research Findings and Fund Assessment - Pages: 14-15 - Sponsors: Mirkarimi; Campos - Vote 1: adoption, likely final - Action: 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. 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 100240: Supporting Senate Bill 330 Regarding University of California - Pages: 15 - Sponsors: Mar ### File 100268: Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and Amend Annual Salary Ordinance FY2009-2010 - $729,932 - Pages: 15-16 - Sponsors: Mayor ### File 091251: Development Fee Collection Procedure; Administrative Fee - Pages: 16-17 - Sponsors: Mayor; Dufty ### File 091252: Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs - Pages: 17-18 - Sponsors: Mayor ### File 091275: Development Impact and In-Lieu Fees - Pages: 18 - Sponsors: Mayor; Dufty ### File 100263: Authorizing the Filing of an Application for Section 190 Grade Separation Grant Funds - $5,000,000 - Pages: 18-19 - Sponsors: Elsbernd ### File 100264: Urging Lennar Corporation to Issue a Formal Written Apology - Pages: 19 - Sponsors: Daly ### File 100265: Urging the Treasury Oversight Committee to Ratify Socially Responsible Investment Goals in the City's Investment Policy to Encourage Investments Related to Foreclosure Mitigation - Pages: 19 - Sponsors: Chiu; Mar and Maxwell ### File 100266: Urging the Department of Technology to Respond to Google's Request for Information with a Proposal that Allows the City to Maintain Control Over Fiber Networks - Pages: 19 - Sponsors: Chiu ### File 100269: Approving Commercial Paper Reimbursement Agreement and Dealer Agreements - Pages: 19 - Sponsors: Mayor ### File 100271: Accept and Expend Grant - U.S. Department of Justice 2009 Community Oriented Policing Services Technology Initiative for the Expansion of a Gunshot Location System Project - $1,000,000 - Pages: 19-20 - Sponsors: Mayor ### File 100274: Commemorating the 75th Anniversary of the Works Progress Administration - Pages: 20 - Sponsors: Mar; Avalos and Campos ### File 100275: Supporting Senate Bill 220 for Health Insurance Coverage and Smoking Cessation - Pages: 20 - Sponsors: Mar and Campos ### File 100276: Commending the Alice Fong Yu Chinese Immersion Alternative School Exchange Program - Pages: 20 - Sponsors: Mar; Elsbernd and Campos ### File 100277: Reallocation of Grant - Capital Projects in Golden Gate Park - $2,067,663 - Pages: 20 - Sponsors: Mar ### File 100278: Supporting California Senate Bill 1225 Regarding Child Care Facilities - Pages: 20 - Sponsors: Avalos; Dufty, Mar and Campos ### File 100279: Accept and Expend Gift – Recreation and Park Department – $15,000 - Pages: 20-21 - Sponsors: Chu ### File 100280: Urging the Governor of California to Approve the Transit Assistance Funding Package - Pages: 21 - Sponsors: Mayor; Chiu, Dufty, Avalos, Elsbernd, Mirkarimi, Mar, Maxwell, Campos and Chu ### File 100281: Declaring March 23, 2010, as Gordon Park Li Day - Pages: 21 - Sponsors: Dufty; Chiu, Elsbernd and Campos ### File 100282: Initiative Constitutional Amendment - Opposing Proposition 16, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers" - Pages: 21 - Sponsors: Mirkarimi; Maxwell, Mar, Avalos, Campos and Dufty ### File 100240: Supporting Senate Bill 330 Regarding University of California - Pages: 21 - Sponsors: Mar ### File 100267: Amending the Charter's Definition of Voter - Pages: 21-22 - Sponsors: Mirkarimi ### File 100270: Existing Shelter System Serving the Needs and Ensuring Equal Treatment of Lesbian, Gay, Bisexual, and Transgender People - Pages: 22 - Sponsors: Campos ### File 100272: San Francisco Public Utilities Commission's Plan for Utilizing and Protecting San Francisco's Watersheds - Pages: 22 - Sponsors: Campos ### File 100273: Treasure Island Redevelopment Plans - Pages: 22 - Sponsors: Maxwell ### File 100262: Removal of Tommy Escarcega from the Reentry Council - Pages: 22 - Sponsors: Campos ### File 100283: Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources - Pages: 22-23 - Sponsors: Chiu ### File 100284: Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources - Pages: 23 - Sponsors: Chiu ### File 100178: Settlement of Lawsuit - F & I Management and D & J Parking, Inc. - $25,750 - Pages: 23 ### File 100179: Settlement of Lawsuit - Vincente V. Vista - $35,000 - Pages: 23 ### File 100180: Settlement of Lawsuit - Thomas Barnes - $135,000 - Pages: 23 ### File 100181: Settlement of Lawsuit - Elbert Harris - $100,000 - Pages: 23-24 ### File 100182: Settlement of Class Action Lawsuit - Western Regional Advocacy Project, et al. - Pages: 24 ### File 100246: Permits the Bureau of Delinquent Revenue to Assign Accounts Receivable with a Value of $10,000 or Less to a Collection Agency - Pages: 24 - Sponsors: Mirkarimi ### File 100247: Additional Penalty for Underreporting Tax by Twenty-five Percent or More - Pages: 24 ### File 100248: Creation of General Reserve and Budget Stabilization Reserve - Pages: 24 - Sponsors: Chiu; Mayor, Chu and Mirkarimi ### File 100251: Approval of Contract with AT&T for City Telecommunications Services - $75,000,000 - Pages: 24-25 ### File 100183: Lease with the U.S. Government for Office Space for the U.S. Drug Enforcement Administration at the Airport - Pages: 25 ### File 100184: Airport Concession Lease - Pages: 25 ### File 100185: Airport Lease and Operating Agreement - Pages: 25 ### File 100249: Settlement of Unlitigated Claim – Marlon Miranda - $75,000 - Pages: 25 ### File 100250: Settlement of Unlitigated Claim – Thelma Jefferson - $200,000 - Pages: 25-29 ## Extracted text ### [Page 1](https://sfbos.info/documents/1980/2010-03-09-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, March 9, 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 1:30 PM 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 08 ### [Page 2](https://sfbos.info/documents/1980/2010-03-09-minutes#page-2) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 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 2:11 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 Avalos, seconded by Supervisor Mar, 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. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Mar, moved to approve the Board Meeting Minutes of January 26, 2010, February 2, 2010, and February 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 COMMUNICATIONS There were none. City and County of San Francisco Page 190 Printed at 3:58 pm on 4/14/10 ### [Page 3](https://sfbos.info/documents/1980/2010-03-09-minutes#page-3) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 CONSENT AGENDA 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.) FINALLY PASSED 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. FINALLY PASSED 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. FINALLY PASSED 100219 [Accept and Expend Grant - State Energy Program - $2,993,029] Sponsor: Mayor Resolution authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend FY2009-2010 American Recovery and Reinvestment Act funds from the U.S. Department of Energy’s State Energy Program, disbursed through the California Energy Commission’s California Comprehensive Residential Building Retrofit Program, in the amount of $ 2,993,029. ADOPTED City and County of San Francisco Page 191 Printed at 3:58 pm on 4/14/10 ### [Page 4](https://sfbos.info/documents/1980/2010-03-09-minutes#page-4) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100167 [Agreement to Purchase Two Access Road Easements Over Portions of APN 016-002-014 Located in Stanislaus County] Resolution approving and authorizing an agreement for the purchase of two permanent access road easements totaling 1.07 acres over portions of Assessor's Parcel No. 016-002-014 located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $2,900; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and eight priority policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) ADOPTED 100209 [Accept and Expend Grant - American Recovery and Reinvestment Act - $2,080,000] Sponsors: Mayor; Dufty and Mar Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $2,080,000 from the California Energy Commission’s State Energy Program, to provide financial assistance for GreenFinanceSF, the City's municipal financing program for energy and water retrofits of privately-owned buildings. Supervisor Mar requested to be added as a co-sponsor. ADOPTED 100210 [Accept Grant - American Recovery and Reinvestment Act - $875,957] Sponsor: Mayor Resolution authorizing the Department of the Environment to accept a grant in the amount of $875,957 from the California Energy Commission’s State Energy Program, through the Association of Bay Area Governments, for the deployment of energy efficiency projects in the City. ADOPTED Recommendation of the Government Audit and Oversight Committee 100139 [Budget and Legislative Analyst Audit of the Alemany Farmers’ Market] Sponsor: Maxwell Motion directing the Budget and Legislative Analyst to conduct an audit of the Alemany Farmers’ Market and the Real Estate Department in its capacity as operator of the market. APPROVED City and County of San Francisco Page 192 Printed at 3:58 pm on 4/14/10 ### [Page 5](https://sfbos.info/documents/1980/2010-03-09-minutes#page-5) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 Recommendation of the Land Use and Economic Development Committee 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) FINALLY PASSED Recommendation of the Public Safety Committee 100100 [Accept and Expend Grant - Department of Juvenile Probation - $150,000] Sponsor: Maxwell Resolution authorizing the Department of Juvenile Probation to retroactively accept and expend a grant in the amount of $150,000 from the The Zellerbach Family Foundation to support the Department of Juvenile Probation's ongoing efforts in organizational and leadership development, in developing and implementing evidence based practices, and in strengthening partnerships with community based organizations. ADOPTED 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. FINALLY PASSED 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. 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 City and County of San Francisco Page 193 Printed at 3:58 pm on 4/14/10 ### [Page 6](https://sfbos.info/documents/1980/2010-03-09-minutes#page-6) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Economic Development Committee 091165 [Zoning - Parking Requirements and Garage Installation in Existing Residential Buildings in Telegraph Hill, North Beach, and Chinatown] Sponsor: Chiu Ordinance amending the San Francisco Planning Code by amending Sections 714.94, 722.94, 803.2, and Tables 810, 811 and 812 to require a conditional use to install a garage in an existing residential structure in the Broadway Neighborhood Commercial District (NCD), the North Beach NCD, and the Chinatown Mixed-Use Districts; adding Section 249.49 and amending Section SU01 of the Zoning Map to establish the Telegraph Hill - North Beach Residential Special Use District to include the residentially-zoned areas bounded by Bay Street to the North, Sansome Street and the Embarcadero to the East, Broadway to the South, and Columbus Avenue to the West, and require a conditional use to install a garage in an existing residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs, the Telegraph Hill - North Beach Residential Special Use District, and the Chinatown Mixed-Use Districts; amending Section 155 to add Columbus Avenue between Washington and North Point Streets, Broadway from the Embarcadero on the east to Polk Street on the west, and all alleyways in the Chinatown Mixed-Use Districts to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending Section 161 to require a conditional use to install a garage in an existing residential structure; amending the Public Works Code by amending Section 723.2 to prohibit the issuance of minor sidewalk encroachment permit that would facilitate the installation of parking in a residential structure; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. (Fiscal Impact.) Supervisor Chu, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 65, Line 13, replacing 'Polk' with 'Mason.' The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Alioto-Pier PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Chu, Elsbernd Excused: 1 - Alioto-Pier City and County of San Francisco Page 194 Printed at 3:58 pm on 4/14/10 ### [Page 7](https://sfbos.info/documents/1980/2010-03-09-minutes#page-7) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 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. Privilege of the floor was granted to Dr. Mitch Katz, Director of the Department of Public Health, who provided an overview. Supervisor Mar, seconded by Supervisor Maxwell, 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 PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Board of Supervisors Sitting as a Committee of the Whole 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) The President inquired as to whether any member of the public wished to address the Board relating to the amendments to the just cause eviction legislation referenced in File No. 100039. There were no 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 195 Printed at 3:58 pm on 4/14/10 ### [Page 8](https://sfbos.info/documents/1980/2010-03-09-minutes#page-8) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 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 Elsbernd, moved that this Ordinance be AMENDED on Page 45, Line 13, after 'evicted,' by adding 'by the person or entity who took title through foreclosure (see Section 37.9D(a))' and on Page 45, Line 15, after 'Chapter 37;' by adding 'or at the end of the tenant's existing lease, whichever occurs later.' 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 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 to provide for particular notice of rights to tenants in possession of a rental unit at the time of foreclosure, and that failure to provide the notice can be an affirmative defense in unlawful detainer proceedings; findings in support of the legislation; severability clause; technical corrections. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier NEW BUSINESS Recommendations of the Budget and Finance Committee 100113 [Private Ambulance Regulatory Fee Payments] Sponsor: Avalos Ordinance amending Business and Tax Regulations Code Section 249.8 to require payment of private ambulance regulatory fees to the Department of Emergency Management rather than to the City Treasurer. (Department of Emergency Management) Supervisor Avalos requested to be added as 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 City and County of San Francisco Page 196 Printed at 3:58 pm on 4/14/10 ### [Page 9](https://sfbos.info/documents/1980/2010-03-09-minutes#page-9) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100105 [Approval of Contract for Uncompensated Reimbursement Recovery Services for the Department of Public Health - $16,570,000] Resolution authorizing the San Francisco Department of Public Health to amend its contract with Health Advocates, LLC to provide uncompensated reimbursement recovery services for the term of April 1, 2006, through December 31, 2013, in the amount of $16,570,000. (Public Health Department) (Fiscal Impact.) ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 100141 [Declaring the City's Intention to Appropriate Available Rainy Day Reserve Funds to the San Francisco Unified School District] Sponsors: Mayor; Dufty, Chiu and Mar Resolution declaring the City's intention to appropriate available Rainy Day Reserve funds to the San Francisco Unified School District, to help the District cope with the loss of State funding for the 2010-2011 school year. Supervisor Mar 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 Recommendations of the Government Audit and Oversight Committee 100023 [Requiring that Census Workers be Allowed Access to Residential Hotels to Engage in Census Activities] Sponsors: Mirkarimi; Mar, Campos and Chiu Ordinance amending the San Francisco Administrative Code by amending Section 41D.4, to add a new goal to the Uniform Visitor Policy and any Supplemental Visitor Policies to ensure that census workers engaged in census activities are allowed access to Residential Hotels, and requesting the Rent Board to amend the Uniform Visitor Policy to incorporate this addition. Supervisors Mar and Campos requested to be added as co-sponsors. 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 197 Printed at 3:58 pm on 4/14/10 ### [Page 10](https://sfbos.info/documents/1980/2010-03-09-minutes#page-10) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100160 [Appropriating $400,000 of Revenues From the Little Hollywood Property Exchange to Fund Park and Open Space Planning in the City Planning Commission for FY2009-2010] Sponsor: Maxwell Ordinance appropriating $400,000 of revenues from the transfer of a 50-foot by 628-foot strip of Channel Street on the southwest side of 7th Street owned by the City and County of San Francisco, in exchange for 35,250 square feet of land at the southwest corner of Tocoloma and Lathrop Avenues owned by Norcal Waste Systems, Inc. for park and open space planning in the Showplace Square/Potrero Hill Plan Area of the Eastern Neighborhoods Program in the City Planning Commission, the Recreation and Park Department, and the Department of Public Works for FY2009-2010. PASSED ON FIRST READING by the following vote: Ayes: 7 - Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 3 - Avalos, Campos, Daly Excused: 1 - Alioto-Pier Recommendations of the Land Use and Economic Development Committee 091113 [Seismic Strengthening of Soft-Story, Wood-Frame Buildings] Sponsors: Mayor; Campos and Chiu Ordinance finding a compelling public policy basis for expediting the processing and review of permits for voluntary seismic retrofit upgrades of soft-story, wood-frame buildings and amending the Planning Code, Building Code, Fire Code, and Public Works Code to waive permit processing fees for the proportionate share of work related to such seismic retrofit upgrades; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1. (Economic Impact.) Supervisor Campos 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 091406 [Street Encroachment at 1 Webster Street] Sponsor: Dufty Ordinance granting revocable permission to Cross Cultural Family Center, Inc., to occupy a portion of the public right-of-way to construct and maintain a fenced outdoor play space with a trellised entry, a seating area and stroller parking on the west side of Webster Street between Duboce Avenue and Hermann Street, for a new child development center at 1 Webster Street (Block No. 0874, Lot No. 014); waiving the annual right-of-way occupancy assessment fee; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. 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 198 Printed at 3:58 pm on 4/14/10 ### [Page 11](https://sfbos.info/documents/1980/2010-03-09-minutes#page-11) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100029 [Acceptance of Sewer Main and Reissuance of Encroachment Permit for Poppy Lane] Sponsor: Dufty Ordinance accepting an irrevocable offer for a sewer main; dedicating said improvements for public use; accepting a sewer main on Poppy Lane for maintenance and liability purposes; rescinding Resolution No. 493-00 in order to modify and reissue the major encroachment permit for 101 Poppy Lane in accordance with this Ordinance; accepting Department of Public Works Order No. 178,477; adopting environmental findings and findings that such actions are consistent with the City’s General Plan and the eight priority policies of City Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Recommendation of the Public Safety Committee 100020 [Penalties for Assaulting or Battering a Patrol Special Officer] Sponsor: Dufty Resolution encouraging the Chief of the San Francisco Police Department to consider imposition of increased potential penalties for individuals who commit assault or battery on a patrol special police officer. ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier SPECIAL ORDER 3:30 P.M - Recognition of Commendations Privilege of the Floor Supervisor Chu, seconded by Supervisor Mar, 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 Chu introduced, welcomed, and presented a Certificate of Honor to Merle Goldstone in recognition of her years of service upon her retirement and her continued community support. Supervisors Dufty, Chiu, Mirkarimi and Mar spoke joining in this presentation. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Steven Gong in recognition of their 30 year anniversary, the accomplishments, and continued community support of the Center for Asian American Media. Supervisor Chiu spoke joining in this presentation. City and County of San Francisco Page 199 Printed at 3:58 pm on 4/14/10 ### [Page 12](https://sfbos.info/documents/1980/2010-03-09-minutes#page-12) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 COMMITTEE REPORTS Recommendation of the City Operations and Neighborhood Services Committee 100205 [Accept and Expend Grant - FY2009 Federal Interoperable Emergency Communications Program - $1,370,063] Sponsor: Chu Resolution authorizing the Department of Emergency Management, as primary grantee and fiscal agent for the Capitol-Bay Planning Area, to accept and expend retroactively a FY2009 Interoperable Emergency Communications Program Grant award in the amount of $1,370,063 from the United States Department of Homeland Security, through the California Emergency Management Agency, for the period June 1, 2009, to February 28, 2011. ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 200 Printed at 3:58 pm on 4/14/10 ### [Page 13](https://sfbos.info/documents/1980/2010-03-09-minutes#page-13) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 PUBLIC COMMENT Abdullah Megaheed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Emil Lawrence; expressed various concerns. Lois Roberts; expressed concerns relating to lost articles. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed concerns relating to inspection rates and process. Christopher Dahl; expressed concerns relating to the City Charter. Gray Harrison; shared experiences with recent incident at Bayview Hunter's Point community meeting. Female Speaker; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Female Speaker; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Roger Scott; expressed concerns relating to shipyard property. Alex Torino; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Jay Crawford; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Male Speaker; shared experiences with recent incident at Bayview Hunter's Point community meeting. Nancy Cross; expressed concerns relating to second hand smoke. Helen Jenson; shared experiences with recent incident at Bayview Hunter's Point community meeting. Male Speaker; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Male Speaker; expressed various religious concerns. Eric Brooks; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Male Speaker; shared experiences with recent incident at Bayview Hunter's Point community meeting. Ron Stutts; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Rebecca Reese; expressed concerns about a recent article relating to incident at Bayview Hunter's Point community meeting. Richard McRee; expressed concerns relating to technology, inventions and patents. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Supervisors Mar and Campos requested to be added as co-sponsors. ADOPTED City and County of San Francisco Page 201 Printed at 3:58 pm on 4/14/10 ### [Page 14](https://sfbos.info/documents/1980/2010-03-09-minutes#page-14) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 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. ADOPTED 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. Supervisor Campos requested to be added as a co-sponsor. ADOPTED 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. Supervisor Campos requested to be added as a co-sponsor. ADOPTED 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. Supervisor Campos requested to be added as a co-sponsor. ADOPTED 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. 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 City and County of San Francisco Page 202 Printed at 3:58 pm on 4/14/10 ### [Page 15](https://sfbos.info/documents/1980/2010-03-09-minutes#page-15) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File No. 100240 be severed so that it may be considered separately. 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. REFERRED to the City Operations and Neighborhood Services Committee IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 100268 [Accept and Expend Grant - Edward Byrne Memorial Justice Assistance and Amend Annual Salary Ordinance FY2009-2010 - $729,932] Sponsor: Mayor Ordinance authorizing the Department of Children, Youth & Their Families to retroactively accept and expend grant funding in the amount of $729,932 from the Federal Department of Justice, Office of Justice Programs for implementation of criminal justice programs; and amending the Annual Salary Ordinance No. 183-09 for FY2009-2010 to reflect the addition of one Class 1822 grant-funded position (0.50 FTE) at the Department of Children, Youth & Their Families and one Class 2910 grant-funded position (0.50 FTE) at the Public Defender’s Office. 03/09/10; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 203 Printed at 3:58 pm on 4/14/10 ### [Page 16](https://sfbos.info/documents/1980/2010-03-09-minutes#page-16) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 091251 [Development Fee Collection Procedure; Administrative Fee] Sponsors: Mayor; Dufty Ordinance amending the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in lieu fees, to provide that the fees are payable prior to issuance of the first building permit or, in the case where a site permit is issued, the first addendum authorizing construction of the project, with a temporary option for the project sponsor to defer payment prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; providing that the ordinance's operative date is May 15, 2010; and adopting findings, including environmental findings. 10/27/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 11/03/09; REFERRED TO DEPARTMENT. 11/03/09; SUBSTITUTED. 11/03/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 11/26/2009. 11/23/09; REFERRED TO DEPARTMENT. 11/24/09; RESPONSE RECEIVED. 12/15/09; SUBSTITUTED. 12/15/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 12/28/09; REFERRED TO DEPARTMENT. 01/26/10; RESPONSE RECEIVED. 02/01/10; RESPONSE RECEIVED. 03/09/10; SUBSTITUTED. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 204 Printed at 3:58 pm on 4/14/10 ### [Page 17](https://sfbos.info/documents/1980/2010-03-09-minutes#page-17) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 091252 [Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs] Sponsor: Mayor Ordinance amending the San Francisco Planning Code by amending Sections 313.4 and 315.5 and by adding Section 313.16 to add an alternative for compliance with the Jobs Housing Linkage Program and the Residential Inclusionary Affordable Housing Program by allowing a project sponsor to defer 33% of its obligation under either Program in exchange for recording an Affordable Housing Transfer Fee Restriction on the affected property providing that 1% of the value of the property be paid to the Citywide Affordable Housing Fund at every future transfer of the Property; and making findings including findings under the California Environmental Quality Act. 10/27/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 11/26/2009. 11/03/09; REFERRED TO DEPARTMENT. 11/24/09; RESPONSE RECEIVED. 02/01/10; RESPONSE RECEIVED. 03/09/10; SUBSTITUTED. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 205 Printed at 3:58 pm on 4/14/10 ### [Page 18](https://sfbos.info/documents/1980/2010-03-09-minutes#page-18) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 091275 [Development Impact and In-Lieu Fees] Sponsors: Mayor; Dufty Ordinance amending the San Francisco Planning Code to create Article 4 for development impact fees and requirements, move Planning Code Sections 135(j), 135.3(d), 135.3(e), 139, 143, 149, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4, and renumber and amend the sections; to provide that the Department of Building Inspection (DBI) will collect the development fees prior to issuance of the first building permit or other document authorizing project construction and verify that any in-kind public improvements required in lieu of a development fee are implemented prior to issuance of the first certificate of occupancy; to allow a project sponsor to defer payment of a development fee upon agreeing to pay a deferral surcharge, which option shall expire after three years unless further extended; to add introductory sections to Article 4 for standard definitions and procedures, delete duplicative code provisions and use consistent definitions, language and organization throughout; to require annual Citywide development fee reports and fee adjustments, and development fee evaluations every five years; to provide that the ordinance's operative date is May 15, 2010; and to instruct the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number; adopting findings, including Section 302, environmental findings, and findings of consistency with the General Plan and Planning Code Section 101.1. 11/03/09; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 12/3/2009. 11/18/09; REFERRED TO DEPARTMENT. 12/15/09; SUBSTITUTED. 12/15/09; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 12/29/09; REFERRED TO DEPARTMENT. 12/29/09; RESPONSE RECEIVED. 02/01/10; RESPONSE RECEIVED. 03/09/10; SUBSTITUTED. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Resolutions 100263 [Authorizing the Filing of an Application for Section 190 Grade Separation Grant Funds - $5,000,000] Sponsor: Elsbernd Resolution authorizing the Department of Public Works to file an application seeking state Section 190 Grade Separation funds, in the amount of $5,000,000 from the California Department of Transportation for the reconstruction of the Jerrold Avenue railroad bridge grade separation and to enter into a Memorandum of Understanding to pass through the funds to the Peninsula Corridor Joint Powers Board. 03/09/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 206 Printed at 3:58 pm on 4/14/10 ### [Page 19](https://sfbos.info/documents/1980/2010-03-09-minutes#page-19) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100264 [Urging Lennar Corporation to Issue a Formal Written Apology] Sponsor: Daly Resolution urging the Lennar Corporation to issue a formal, written apology to members of the Stop Lennar Action Movement (SLAM) and the City and County of San Francisco for irresponsible and potentially dangerous behavior. 03/09/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100265 [Urging the Treasury Oversight Committee to Ratify Socially Responsible Investment Goals in the City's Investment Policy to Encourage Investments Related to Foreclosure Mitigation] Sponsors: Chiu; Mar and Maxwell Resolution urging the Treasury Oversight Committee to ratify socially responsible investment goals in the City's Investment Policy to encourage investments related to foreclosure mitigation. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100266 [Urging the Department of Technology to Respond to Google's Request for Information with a Proposal that Allows the City to Maintain Control Over Fiber Networks] Sponsor: Chiu Resolution urging the City and County of San Francisco's Department of Technology to respond to Google, Inc.'s Request for Information with a proposal to build a fiber network in San Francisco that is consistent with the City's core value of maintaining control over fiber infrastructure deployed in the City. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100269 [Approving Commercial Paper Reimbursement Agreement and Dealer Agreements] Sponsor: Mayor Resolution of the City and County of San Francisco approving the form of Reimbursement Agreement or Reimbursement Agreements and the form of Dealer Agreement in connection with its Tax-Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation, authorizing the execution and delivery of one or more of such Reimbursement Agreement and the execution and delivery of one or more Dealer Agreements and authorizing other related actions. (Fiscal Impact.) (Supervisor Mirkarimi dissented in Committee.) 03/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100271 [Accept and Expend Grant - U.S. Department of Justice 2009 Community Oriented Policing Services Technology Initiative for the Expansion of a Gunshot Location System Project - $1,000,000] Sponsor: Mayor Resolution authorizing the Chief of Police for the City and County of San Francisco to retroactively accept and expend a grant in the amount of $1,000,000 from the U.S. Department of Justice Office of Community Oriented Policing Services for expansion of a gunshot location system project. 03/09/10; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 207 Printed at 3:58 pm on 4/14/10 ### [Page 20](https://sfbos.info/documents/1980/2010-03-09-minutes#page-20) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100274 [Commemorating the 75th Anniversary of the Works Progress Administration] Sponsors: Mar; Avalos and Campos Resolution commemorating the 75th anniversary of the Works Progress Administration on April 10, 2010. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100275 [Supporting Senate Bill 220 for Health Insurance Coverage and Smoking Cessation] Sponsors: Mar and Campos Resolution supporting Senate Bill 220 for Health Insurance Coverage and Smoking Cessation. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100276 [Commending the Alice Fong Yu Chinese Immersion Alternative School Exchange Program] Sponsors: Mar; Elsbernd and Campos Resolution commending the exchange program between the Experimental High School attached to Beijing Normal University and the Alice Fong Yu Chinese Immersion Alternative School in San Francisco. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100277 [Reallocation of Grant - Capital Projects in Golden Gate Park - $2,067,663] Sponsor: Mar Resolution authorizing the reallocation of $2,067,663 in Proposition 40 grant funds among two capital projects in Golden Gate Park. 03/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100278 [Supporting California Senate Bill 1225 Regarding Child Care Facilities] Sponsors: Avalos; Dufty, Mar and Campos Resolution supporting Senate Bill 1225 which would extend until 2016 the subsidy program that allows San Francisco child care facilities to serve children from low-income families. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100279 [Accept and Expend Gift – Recreation and Park Department – $15,000] Sponsor: Chu Resolution authorizing the San Francisco Recreation and Park Department to retroactively accept and expend a gift in the amount of $15,000 to cover the staff overtime cost associated with the August 4th and 5th 2009 Maccabi Games volunteer event. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 208 Printed at 3:58 pm on 4/14/10 ### [Page 21](https://sfbos.info/documents/1980/2010-03-09-minutes#page-21) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100280 [Urging the Governor of California to Approve the Transit Assistance Funding Package] Sponsors: Mayor; Chiu, Dufty, Avalos, Elsbernd, Mirkarimi, Mar, Maxwell, Campos and Chu Resolution urging the Governor of California to sign the transit assistance funding package as approved by the California State Legislature on March 4, 2010. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100281 [Declaring March 23, 2010, as Gordon Park Li Day] Sponsors: Dufty; Chiu, Elsbernd and Campos Resolution congratulating Mr. Gordon Park Li, on his outstanding career and thanking him for his exceptional service to the City of County of San Francisco over the past 37 years and declaring March 23, 2010, as Gordon Park Li Day in the City and County of San Francisco. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100282 [Initiative Constitutional Amendment - Opposing Proposition 16, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers"] Sponsors: Mirkarimi; Maxwell, Mar, Avalos, Campos and Dufty Resolution opposing Proposition 16, an Initiative Constitutional Amendment, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers." 03/09/10; 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. 03/09/10; REFERRED to Government Audit and Oversight Committee. Charter Amendment 100267 [Amending the Charter's Definition of Voter] Sponsor: Mirkarimi Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Article XVII to change the definition of "voters." 03/09/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee. City and County of San Francisco Page 209 Printed at 3:58 pm on 4/14/10 ### [Page 22](https://sfbos.info/documents/1980/2010-03-09-minutes#page-22) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 Requests for Hearing 100270 [Existing Shelter System Serving the Needs and Ensuring Equal Treatment of Lesbian, Gay, Bisexual, and Transgender People] Sponsor: Campos Hearing on how the existing shelter system is serving the needs and ensuring equal treatment of Lesbian, Gay, Bisexual, and Transgender people. 03/09/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 100272 [San Francisco Public Utilities Commission's Plan for Utilizing and Protecting San Francisco's Watersheds] Sponsor: Campos Hearing on the San Francisco Public Utilities Commission's plan for utilizing and protecting San Francisco's watersheds. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100273 [Treasure Island Redevelopment Plans] Sponsor: Maxwell Hearing on the status of the redevelopment of former Naval Station at Treasure Island including the land use planning, infrastructure plans, and draft design for development document. 03/09/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Motions 100262 [Removal of Tommy Escarcega from the Reentry Council] Sponsor: Campos Motion removing Tommy Escarcega from the Reentry Council. 03/09/10; RECEIVED AND ASSIGNED to Rules Committee. 100283 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on March 16, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. 03/09/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 210 Printed at 3:58 pm on 4/14/10 ### [Page 23](https://sfbos.info/documents/1980/2010-03-09-minutes#page-23) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100284 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on March 16, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Introduced by the President at Request of Department PROPOSED ORDINANCES 100178 [Settlement of Lawsuit - F & I Management and D & J Parking, Inc. - $25,750] Ordinance authorizing settlement of the lawsuit filed by F & I Management and D & J Parking, Inc., against the City and County of San Francisco for $25,750; the lawsuit was filed on December 17, 2008, in San Francisco Superior Court, Case No. CGC08-483121; entitled F & I Management and D & J Parking, Inc., et al. v. City and County of San Francisco, et al. (City Attorney) 02/23/10; RECEIVED AND ASSIGNED to Rules Committee. 100179 [Settlement of Lawsuit - Vincente V. Vista - $35,000] Ordinance authorizing settlement of the lawsuit filed by Vincente V. Vista against the City and County of San Francisco for $35,000; the lawsuit was filed on July 29, 2008, in San Francisco Superior Court, Case No. 08-478001; entitled Vista v. City and County of San Francisco, et al. (City Attorney) 02/23/10; RECEIVED AND ASSIGNED to Rules Committee. 100180 [Settlement of Lawsuit - Thomas Barnes - $135,000] Ordinance authorizing settlement of the lawsuit filed by Thomas Barnes against the City and County of San Francisco for $135,000; the lawsuit was filed on June 13, 2008, in San Francisco Superior Court, Case No. 476-339; entitled Thomas Barnes, et al. v. City and County of San Francisco, et al. (City Attorney) 02/25/10; RECEIVED AND ASSIGNED to Rules Committee. 100181 [Settlement of Lawsuit - Elbert Harris - $100,000] Ordinance authorizing settlement of the lawsuit filed by Elbert Harris, III against the City and County of San Francisco, Robert Thomas, and Larry Bevan for $100,000 plus reinstatement of Harris as a Certified Nursing Assistant assigned to San Francisco General Hospital; the lawsuit was filed on May 7, 2008, in United States District Court, Case No. CV 08-2353 PJH; entitled Elbert Harris, III v. City and County of San Francisco, et al. (City Attorney) 02/25/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 211 Printed at 3:58 pm on 4/14/10 ### [Page 24](https://sfbos.info/documents/1980/2010-03-09-minutes#page-24) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100182 [Settlement of Class Action Lawsuit - Western Regional Advocacy Project, et al.] Ordinance authorizing settlement of the class action lawsuit entitled Western Regional Advocacy Project et al. v. Mayor Gavin Newsom et al., filed on August 27, 2008, in the United States District Court for the Northern District of California, Case No. CV 08-4087-MMC. Pursuant to the proposed settlement, the City will make revisions to current policies of its single adult emergency shelter system in order to improve services to homeless people with disabilities. (City Attorney) 02/25/10; RECEIVED AND ASSIGNED to Rules Committee. 100246 [Permits the Bureau of Delinquent Revenue to Assign Accounts Receivable with a Value of $10,000 or Less to a Collection Agency] Sponsor: Mirkarimi Ordinance amending Section 10.39-1 of the Administrative Code to increase the cap on accounts receivable that the Bureau of Delinquent Revenue may assign to a collection agency from $4,000 to accounts with a fair market value of $10,000. (Treasurer-Tax Collector) 02/25/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 4/8/2010. 100247 [Additional Penalty for Underreporting Tax by Twenty-five Percent or More] Ordinance amending Section 6.17-2 of the Business and Tax Regulations Code by adding an additional "substantial underreporting" penalty equal to fifty percent of the unreported tax for underreporting a tax liability by twenty-five percent or more. (Treasurer-Tax Collector) 02/25/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 4/8/2010. 100248 [Creation of General Reserve and Budget Stabilization Reserve] Sponsors: Chiu; Mayor, Chu and Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Section 10.60, to adopt a binding financial policy under Charter Section 9.120 creating a General Reserve and a Budget Stabilization Reserve and providing rules for deposits to and withdrawals from such funds. (Controller) 03/01/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 4/8/2010. 4/1/10 - Memo from President Chiu waiving the 30-Day Rule. 100251 [Approval of Contract with AT&T for City Telecommunications Services - $75,000,000] Ordinance approving a contract with AT&T for the purchase of telecommunications services and equipment for a maximum cost of $75,000,000, for a four and one-half year term beginning on March 1, 2010. (Department of Technology) (Fiscal Impact.) 03/01/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. PROPOSED RESOLUTIONS City and County of San Francisco Page 212 Printed at 3:58 pm on 4/14/10 ### [Page 25](https://sfbos.info/documents/1980/2010-03-09-minutes#page-25) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 100183 [Lease with the U.S. Government for Office Space for the U.S. Drug Enforcement Administration at the Airport] Resolution approving and authorizing the execution of Lease No. 10-0015 with the U.S. Government for office space to be occupied by the U.S. Drug Enforcement Administration, a Federal agency, in Terminal 3 at San Francisco International Airport. (Airport Commission) 02/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100184 [Airport Concession Lease] Resolution approving Amendment No. 3 to the Clear Channel Outdoor, Inc. Lease Agreement, for the Airport Advertising Program at San Francisco International Airport Lease No. 00-0408 between Clear Channel Outdoor, Inc., dba Clear Channel Airports and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) 02/24/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100185 [Airport Lease and Operating Agreement] Resolution approving the exercise of the fourth of five one-year options to extend the term of Smarte Carte, Inc.'s Luggage Cart Lease and Operating Agreement No. 01-0343. (Airport Commission) 02/24/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100249 [Settlement of Unlitigated Claim – Marlon Miranda - $75,000] Resolution approving the settlement of the unlitigated claim filed by Marlon Miranda against the City and County of San Francisco for $75,000; claim was filed on June 18, 2009. (City Attorney) 03/01/10; RECEIVED AND ASSIGNED to Rules Committee. 100250 [Settlement of Unlitigated Claim – Thelma Jefferson - $200,000] Resolution approving the settlement of the unlitigated claim filed by Thelma Jefferson against the City and County of San Francisco for $200,000; claim was filed on September 28, 2009. (City Attorney) 03/01/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 213 Printed at 3:58 pm on 4/14/10 ### [Page 26](https://sfbos.info/documents/1980/2010-03-09-minutes#page-26) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 Requests Granted From: Supervisor Mirkarimi To: City Attorney Requesting/Inquiring: Requesting the City Attorney to prepare legislation amending the City Administrative Code to require the Controller to prepare a monthly report listing the five City departments using the most comp time in the preceding month. This report should be included in the monthly overtime report required by Administrative code Section 18.13-1 and 18.13-5. 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 Boxes Northeast corner Geary & Divisadero Southeast corner Webster & Fell Southwest corner 7th Avenue & Lincoln Southwest corner Haight & Fillmore Northeast corner Masonic & Waller Northeast corner Linden & Buchanan Northwest corner Fell & Buchanan Bus Shelters Southwest corner 9th Avenue & Irving Northeast corner Laguna & Hayes Southeast corner Buena Vista East & Haight Northeast corner Haight & Buena Vista East Fillmore & Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Northwest corner Pierce & Haight Southeast corner Fulton & Scott Northwest corner Ashbury & Fell 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 Southwest corner Fillmore & Hayes, by bus shelter Southwest corner Baker & Fell Metal Poles Northwest corner Grove & Laguna Southeast corner Hayes & Buchanan Southeast corner Golden Gate & Broderick Northwest corner Turk & Laguna On Sutter, south side of street, between Broderick & Divisadero City and County of San Francisco Page 214 Printed at 3:58 pm on 4/14/10 ### [Page 27](https://sfbos.info/documents/1980/2010-03-09-minutes#page-27) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 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: 959 Divisadero 2436 Bush 2498 Sutter 1401 Baker Rosa Parks Senior Center, corner Golden Gate & Webster 1200 Laguna 548 Octavia 550 Octavia 605 Webster 299 Webster 689 Fulton 422 Grove, side of building 378 Fillmore 546 Haight 533 Haight 901 Haight 698 Haight 433 Haight 598 Waller 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 Irving & 10th Avenue, north side of the street Sink hole in front of 588 Haight Street 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 Northeast corner Webster & Fulton Southeast corner Haight & Buena Vista East Southwest corner Eddy & Buchanan Mailboxes Northeast corner Scott & Haight Northeast corner Haight & Fillmore Southwest corner Pierce & Haight Southwest corner McAllister & Buchanan City and County of San Francisco Page 215 Printed at 3:58 pm on 4/14/10 ### [Page 28](https://sfbos.info/documents/1980/2010-03-09-minutes#page-28) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 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 of Fillmore & Post Southwest corner of Divisadero & Sutter 9th Avenue & Judah (near bus stops) 7th Avenue & Irving (near bus stops) Northwest corner Hayes & Fillmore Southeast corner of Fillmore & Haight San Francisco Chronicle Northwest corner of Fillmore & Hayes Southeast corner of Haight & Fillmore Irving & 9th Avenue Irving & 7th Avenue Southwest corner of Haight & Clayton Southeast corner of Haight & Masonic Examiner Northwest corner of Fillmore & Hayes Southeast corner of Haight & Fillmore SF Daily Northwest corner of Hayes & Gough City Star Northwest corner of Hayes & Gough Southeast corner of Fillmore & Haight SF Weekly Southeast corner of Masonic & Haight and Southeast corner of Haight & Fillmore In Memoriam Gerard Joseph Page – Supervisor Avalos Aldo Peter Figone – Supervisor Alioto-Pier Dr. George W. Davis – Supervisors Maxwell and Dufty Dr. Edgar Wayburn – Supervisor Chiu City and County of San Francisco Page 216 Printed at 3:58 pm on 4/14/10 ### [Page 29](https://sfbos.info/documents/1980/2010-03-09-minutes#page-29) Board of Supervisors Meeting Minutes - Final Tuesday, March 9, 2010 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:22 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 April 2, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 217 Printed at 3:58 pm on 4/14/10