# 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 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

## Extracted text

### [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