# Board of Supervisors Minutes: March 23, 2010

- Meeting date: 2010-03-23
- Document type: minutes
- Source format: PDF
- Extracted pages: 18
- [Canonical HTML transcript](https://sfbos.info/documents/1984/2010-03-23-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m032310.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 100044: Repealing Various Municipal Transportation Agency Special Funds; Appropriating $70,687

- Pages: 2-3
- Sponsors: Chiu

### File 100174: Approval of Mental Health Services Act Innovation Work Plan

- Pages: 3
- Sponsors: Mirkarimi

### File 100175: Approval of Mental Health Services Act FY2010-2011 Annual Plan Update

- Pages: 3
- Sponsors: Mirkarimi

### File 100176: Approval of a Lease with the Federal Express Corporation at San Francisco International Airport

- Pages: 3

### File 100136: Floodplain Management Program

- Pages: 3-4
- Sponsors: Elsbernd

### File 100068: Settlement of Lawsuit - Marjorie Flores - $57,500

- Pages: 4

### File 100069: Settlement of Lawsuit - Yee Mei Hung - $50,000

- Pages: 4
- Vote 1: final-passage, likely final
  - Action: 100069 [Settlement of Lawsuit - Yee Mei Hung - $50,000] Ordinance authorizing settlement of the lawsuit filed by Yee Mei Hung against the City and County of San Francisco and Thomas Mann Chu for $50,000; the lawsuit was filed on February 3, 2009, in San Francisco Superior Court, Case No. 484-637; entitled Yee Mei Hung v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 63-10 FINALLY PASSED The foregoing items were acted upon by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 091344: Redevelopment Agency Bond Authorization - $28,000,000

- Pages: 4-5
- Sponsors: Mayor; Avalos
- Vote 1: adoption, likely final
  - Action: 091344 [Redevelopment Agency Bond Authorization - $28,000,000] Sponsors: Mayor; Avalos Resolution approving the issuance by the Redevelopment Agency of Bonds in an additional principal amount not to exceed $28,000,000 to finance a portion of redevelopment activities described in the approved Budget as amended for FY2009-2010 of which additional tax increment will be needed in FY2010-2011 for such financing thereof. Resolution No. 112-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100228: Redevelopment Agency Budget FY2009-2010

- Pages: 5
- Sponsors: Avalos
- Vote 1: adoption, likely final
  - Action: 100228 [Redevelopment Agency Budget FY2009-2010] Sponsor: Avalos Resolution approving an amendment to the budget of the Redevelopment Agency of the City and County of San Francisco for FY2009-2010 by increasing the Agency's tax increment bond proceeds by $28,000,000 and authorizing expenditures in an amount not to exceed $28,800,000 for payment to the Supplemental Educational Revenue Augmentation Fund. Resolution No. 111-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100045: Increasing Real Estate Recordation Fee

- Pages: 5
- Sponsors: Chiu
- Vote 1: first-reading
  - Action: 100045 [Increasing Real Estate Recordation Fee] Sponsor: Chiu Ordinance amending Section 8.24-5 of the Administrative Code to increase the recordation fee to $3.00 from $2.00 for recording real estate instruments, and authorizing the Controller to adjust the fee upon notice from the District Attorney, to become operative on its effective date or July 1, 2009, whichever is later, and making environmental findings. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100080: Repealing the Department of Technology Cash Revolving Fund

- Pages: 5
- Vote 1: first-reading
  - Action: 100080 [Repealing the Department of Technology Cash Revolving Fund] Ordinance repealing Article XV, Section 10.143 of the San Francisco Administrative Code which established a cash revolving fund for the Department of Technology. (Department of Technology) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100208: Accept and Expend Grant - American Recovery and Reinvestment Act and Amendment to the Annual Salary Ordinance, FY2009-2010 - $750,635

- Pages: 5-6
- Sponsors: Mayor; Dufty
- Vote 1: first-reading
  - Action: 100208 [Accept and Expend Grant - American Recovery and Reinvestment Act and Amendment to the Annual Salary Ordinance, FY2009-2010 - $750,635] Sponsors: Mayor; Dufty Ordinance authorizing the Department of the Environment to accept and expend a grant in the amount of $750,635 from the Federal Department of Energy’s Solar America Initiative to remove barriers to the deployment of solar technologies in San Francisco by addressing the lack of financing options for solar power installations and amending Ordinance No. 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100232: Accept and Expend Grant – Supported Employment Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $166,981.50

- Pages: 6
- Sponsors: Mirkarimi
- Vote 1: first-reading
  - Action: 100232 [Accept and Expend Grant – Supported Employment Program and Amendment to the Annual Salary Ordinance, FY2009-2010 - $166,981.50] Sponsor: Mirkarimi Ordinance authorizing the Office of the Public Defender to retroactively accept and expend a grant in the amount of $166,981.50 from the Metta Fund Foundation to implement a Supported Employment Program to assist Public Defender clients with mental illness in securing competitive employment, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to reflect addition of one (1) grant-funded position (0.25 FTE) in Class 2910 Social Worker at the Office of the Public Defender. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100168: Wastewater Revenue Bonds Issuance and Sale - Not to Exceed $282,400,000

- Pages: 6
- Sponsors: Dufty
- Vote 1: first-reading
  - Action: 100168 [Wastewater Revenue Bonds Issuance and Sale - Not to Exceed $282,400,000] Sponsor: Dufty Ordinance approving the issuance and sale of wastewater revenue bonds by the San Francisco Public Utilities Commission to finance various projects benefitting the Wastewater Enterprise pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100169: Wastewater Revenue Bonds Issuance - Not to Exceed $282,400,000

- Pages: 6
- Sponsors: Dufty
- Vote 1: adoption, likely final
  - Action: 100169 [Wastewater Revenue Bonds Issuance - Not to Exceed $282,400,000] Sponsor: Dufty Resolution approving the issuance of not to exceed $282,400,000 in aggregate principal amount of wastewater revenue bonds to be issued by the Public Utilities Commission of the City and County of San Francisco; affirming covenants contained in the indenture pursuant to which the wastewater revenue bonds are issued; and authorizing the taking of appropriate actions in connection therewith; and related matters. (Public Utilities Commission) Resolution No. 110-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100177: Real Property Lease Amendment - One Market Plaza

- Pages: 6-7
- Vote 1: adoption, likely final
  - Action: 100177 [Real Property Lease Amendment - One Market Plaza] Resolution approving, retroactively, a lease at One Market Plaza, for the Department of Emergency Management under Administrative Code Section 23.27. (Real Estate Department) Resolution No. 106-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100263: Authorizing the Filing of an Application for Section 190 Grade Separation Grant Funds - $5,000,000

- Pages: 7
- Sponsors: Elsbernd
- Vote 1: continuance
  - Action: 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. Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED to March 30, 2010. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 091475: General Plan Amendment - Market and Octavia Area Plan

- Pages: 7
- Sponsors: Mirkarimi
- Vote 1: first-reading
  - Action: 091475 [General Plan Amendment - Market and Octavia Area Plan] Sponsor: Mirkarimi Ordinance amending the Market and Octavia Area Plan of the General Plan (an Area generally described as approximately one square mile surrounding the Market Street and Octavia Boulevard intersection) to amend the historic resource provisions of the Plan to integrate the results of the Historic Resource Survey by removing language calling for the Area Plan Level Survey, calling out new historic districts, replacing interim procedures for the review of projects that may affect historic resources with permanent review procedures for projects in historic districts; and adding a new design principle; amending the provisions related to alleys to include terminology consistent with other Area Plans; and making environmental findings and findings that the proposed amendments are consistent with the General Plan and the eight priority policies of Planning Code Section 101.1. (Planning Department) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 091209: Interim Zoning Controls for the Bayshore Corridor

- Pages: 7-8
- Sponsors: Maxwell; Campos and Dufty
- Vote 1: adoption, likely final
  - Action: 091209 [Interim Zoning Controls for the Bayshore Corridor] Sponsors: Maxwell; Campos and Dufty Resolution imposing interim zoning controls to require Conditional Use authorization for all projects that involve: (1) establishment of a formula retail use; (2) new retail uses that are 25,000 gross square feet or larger; and/or (3) a lot merger that creates a new lot that is 25,000 square feet or larger, for a period of eighteen (18) months, on all properties on lots fronting Bayshore Boulevard, from Jerrold Avenue to the I-280 Freeway; the west side of Loomis Street, from Jerrold Avenue to the I-280 Freeway; Oakdale Avenue from Loomis Street to Bayshore Boulevard; Marengo Street from Bayshore Boulevard to Waterloo Street; and the west side of Boutwell Street from Industrial Street to the I-280 Freeway; specifying criteria to be applied in the evaluation of a conditional use permit application, in addition to the criteria listed in Section 303 of the Planning Code; and making findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. Resolution No. 115-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### 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: 8
- Sponsors: Chiu
- Vote 1: adoption, likely final
  - Action: 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. Resolution No. 113-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100112: Dispatch Services in the Program for Additional Police Department Services

- Pages: 8
- Vote 1: first-reading
  - Action: 100112 [Dispatch Services in the Program for Additional Police Department Services] Ordinance amending San Francisco Administrative Code Sections 10B.1, 10B.2, 10B.3, 10B.4, and 10B.5, including dispatch services provided by the Department of Emergency Management, in the program for additional Police Department services. (Department of Emergency Management) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100043: Potential Health Impacts of Wireless Facilities

- Pages: 8-9
- Sponsors: Campos; Avalos, Chu and Mar
- Vote 1: adoption, likely final
  - Action: 100043 [Potential Health Impacts of Wireless Facilities] Sponsors: Campos; Avalos, Chu and Mar Resolution urging the U.S. Environmental Protection Agency to study the health impacts of wireless facilities and, if appropriate, to establish a safe level of exposure to radiofrequency radiation emissions; urging the Federal Communications Commission to update its existing standards; and urging the California Congressional Delegation to introduce federal legislation to repeal limitations on state and local authority imposed by the Telecommunications Act of 1996. Resolution No. 102-10 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100343: Accept and Expend Grant - Clinical and Transnational Science Institute - $56,019

- Pages: 9-10
- Sponsors: Dufty

### File 100346: Supporting Reauthorization of San Francisco Unified School District’s Mello-Roos Community Facilities District on the June 8, 2010, Ballot

- Pages: 10
- Sponsors: Chiu; Mar

### File 100347: Recognizing the Bay Area Air Quality Management District

- Pages: 10
- Sponsors: Mar

### File 100348: Accept and Expend Grant - Youth Stewardship Program - $20,000

- Pages: 10
- Sponsors: Avalos

### File 100344: Committee of the Whole – Hearing on the Submission of a Design-Build Application to the California State Public Works Board

- Pages: 10
- Sponsors: Maxwell

### File 100345: Committee of the Whole – Hearing on the Expenditure of Tax Increment Funds for Certain Streetscape Improvements in the Bayview Hunter's Point Redevelopment Project Area

- Pages: 10-11
- Sponsors: Maxwell
- Vote 1: approval, likely final
  - Action: 100345 [Committee of the Whole – Hearing on the Expenditure of Tax Increment Funds for Certain Streetscape Improvements in the Bayview Hunter's Point Redevelopment Project Area] Sponsor: Maxwell Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 30, 2010, at 3:00 p.m. to hold a public hearing on the expenditure of tax increment funds, by the Redevelopment Agency, for a set of City owned streetscape improvements of the 1700 block of Newcomb Avenue in the Bayview Hunter's Point Redevelopment Project Area. Motion No. M10-49 APPROVED City and County of San Francisco Page 254 Printed at 2:12 pm on 4/21/10 Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010 The foregoing items were acted upon by the following vote:
  - Ayes: 10 – Mirkarimi, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Alioto-Pier
- Vote 2: rescission
  - Action: Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to rescind the previous vote to exclude File No. 100282. The motion carried by the following vote:
  - Ayes: 10 – Mirkarimi, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Alioto-Pier
- Vote 3: other
  - Action: 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 100282: Initiative Constitutional Amendment - Opposing Proposition 16, the "New Two-Thirds Vote Requirement for Local Public Electricity Providers"

- Pages: 11
- Sponsors: Mirkarimi; Maxwell, Mar, Avalos, Campos and Dufty
- Vote 1: amendment
  - Action: 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." Supervisor Dufty requested to be added as a co-sponsor. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100366: Celebrating Nowruz, the Persian New Year

- Pages: 12
- Sponsors: Mirkarimi
- Vote 1: adoption, likely final
  - Action: 100366 [Celebrating Nowruz, the Persian New Year] Sponsor: Mirkarimi Resolution recognizing and appreciating the cultural contributions of Persian culture to modern society on the occasion of the Celebration of Nowruz, the Persian New Year. Resolution No. 108-10 The President inquired as to whether any member of the public wished to address the Board relating to Celebrating Nowruz as referenced in File No. 100366. There were no speakers. The President declared public comment closed. ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 091271: Zoning – Street Frontages for Most Use Districts

- Pages: 12
- Sponsors: Mirkarimi

### File 100366: Celebrating Nowruz, the Persian New Year

- Pages: 12-13
- Sponsors: Mirkarimi

### File 100373: Authorizing Expenditures from South of Market Community Stabilization Fund - $1,844,273

- Pages: 13
- Sponsors: Daly

### File 100374: Making Certain Findings for the Use of Tax Increment for the Newcomb Avenue Model Block Streetscape Improvements Pursuant to Health and Safety Code Section 33445

- Pages: 13
- Sponsors: Maxwell

### File 100376: Congratulating Assemblymember Fiona Ma

- Pages: 13
- Sponsors: Mirkarimi; Chiu, Dufty and Mar

### File 100378: Commending Speaker Nancy Pelosi for Her Work on Health Care Reform

- Pages: 13
- Sponsors: Mayor; Chiu, Maxwell, Alioto-Pier, Chu, Dufty, Mar, Elsbernd, Mirkarimi, Daly, Campos and Avalos

### File 100379: Supporting Senate Bill 4 Banning Smoking at State Parks and Beaches

- Pages: 13
- Sponsors: Mar

### File 100367: Three-Year Budget Projection - Mayor's Office, Controller and Budget Analyst

- Pages: 13-14
- Sponsors: Avalos

### File 100369: FY2010-2011 Budget Hearing - Municipal Transportation Agency

- Pages: 14
- Sponsors: Chiu

### File 100370: Sewer System Master Plan Project - Sewer System Improvement Program

- Pages: 14
- Sponsors: Maxwell

### File 100372: Federal Stimulus Funds - Jobs Now Program

- Pages: 14
- Sponsors: Maxwell

### File 100371: Eastern Neighborhoods Area Plans - Funding Public Improvements

- Pages: 14
- Sponsors: Maxwell

### File 100375: Committee of the Whole - Making Certain Findings for the Use of Tax Increment for the Newcomb Avenue Model Block Streetscape Improvements Pursuant to Health and Safety Code Section 33445

- Pages: 14

### File 100380: Committee of the Whole - Approving Submission of a Design-Build Application to the California State Public Works Board Under California Public Contract Code Section 20688.6

- Pages: 14-15

### File 100368: Off-Site Budget and Finance Committee Meeting on April 21, 2010, 4:00 p.m. at the Hall of Flowers

- Pages: 15
- Sponsors: Avalos

### File 100377: Rejecting the San Francisco Municipal Transportation Agency’s Proposed Fare Changes to Create New Premium Monthly MUNI Passes

- Pages: 15
- Sponsors: Mirkarimi; Chiu, Campos, Dufty and Mar

### File 100310: Airport Concession – Terminal 2 Book Store Lease with Books, Inc.

- Pages: 15

### File 100311: Airport Concession – Amendment to Paster Retail/Duty Free Concession Lease No. 99-0035 with DFS Group, L.P.

- Pages: 15

### File 100312: Airport Concession – Terminal 2 Gourmet Market and Wine Bar Lease with D-Lew Enterprise, LLC

- Pages: 15-16

### File 100313: Airport Concession – Terminal 2 Quick Serve Lease with BJ Annex, LLC

- Pages: 16

### File 100314: Airport Concession – Terminal 2 Cocktail Lounge Lease with HBF Soto JV, LLC

- Pages: 16

### File 100315: Airport Concession – Terminal 2 Specialty Store Lease with Charles Chocolates, Inc.

- Pages: 16

### File 100316: Airport Concession – Terminal 2 Quick Serve Lease with Sankaku, Inc.

- Pages: 16

### File 100317: Airport Concession – Terminal 2 Sit-Down Restaurant Lease with D-Lew Enterprises, LLC

- Pages: 16

### File 100318: Airport Concession – Terminal 2 Bakery and Coffee Facilities Lease with Gotham Enterprises, LLC

- Pages: 16

### File 100319: Airport Concession – Terminal 2 Quick Serve Lease with Andale Management Group, Inc.

- Pages: 16-17

### File 100320: Airport Concession – Terminal 2 Quick Serve Lease with HBF Soto JV, LLC

- Pages: 17

### File 100321: Airport Concession – Terminal 2 and 3 Electronics and Technology Stores Lease with Edge 1 Cellular, L.P.

- Pages: 17

### File 100322: Airport Concession – Terminal 2 Spa Lease with XpresSpa SF International, Inc.

- Pages: 17

### File 100325: Approving Sixth Modification to Water Supply Contract

- Pages: 17-18

## Extracted text

### [Page 1](https://sfbos.info/documents/1984/2010-03-23-minutes#page-1)

BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO

 MEETING MINUTES

 Tuesday, March 23, 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 10

### [Page 2](https://sfbos.info/documents/1984/2010-03-23-minutes#page-2)

Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 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 2:04 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 Maxwell, seconded by Supervisor Elsbernd, moved that Supervisor Alioto-Pier be
 excused from voting. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

AGENDA CHANGES
 There were none.

COMMUNICATIONS
 There were none.

CONSENT AGENDA

Recommendations of the Budget and Finance Committee

100044 [Repealing Various Municipal Transportation Agency Special Funds; Appropriating
 $70,687]
 Sponsor: Chiu
 Ordinance amending Chapter 8 and Chapter 10, Article XIII, of the Administrative Code, by
 repealing Sections 8.29 (Municipal Railway Video Production Fund), 10.100-155 (Municipal
 Transportation Capital Reserve Fund), 10.100-157 (Municipal Transportation Improvement Fund),
 10.100-159 (Municipal Transportation Information Fund), 10.100-162 (Municipal Transportation
 Operators Lounge Facilities Fund), and 10.100-164 (Municipal Transportation Para Transit Fund)
 and appropriating $70,687 from the Municipal Transportation Information Fund to the Municipal
 Transportation Agency.
 Ordinance No. 65-10
 FINALLY PASSED

City and County of San Francisco Page 246 Printed at 2:12 pm on 4/21/10

### [Page 3](https://sfbos.info/documents/1984/2010-03-23-minutes#page-3)

Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

100174 [Approval of Mental Health Services Act Innovation Work Plan]
 Sponsor: Mirkarimi
 Resolution authorizing adoption of the Mental Health Services Act Innovation Work Plan and
 modification of Contract No. 07-77338-000 to include this Plan in the agreement. (Public Health
 Department)
 Resolution No. 107-10
 ADOPTED

100175 [Approval of Mental Health Services Act FY2010-2011 Annual Plan Update]
 Sponsor: Mirkarimi
 Resolution authorizing adoption of the Mental Health Services Act FY2010-2011 Plan Update for
 the Community Services and Support, Prevention and Early Intervention, and Workforce Education
 and Training and modification of Contract No. 07-77338-000 to include this Annual Update in the
 agreement. (Public Health Department)
 Resolution No. 103-10
 ADOPTED

100176 [Approval of a Lease with the Federal Express Corporation at San Francisco
 International Airport]
 Resolution approving and authorizing the execution of Lease No. 09-0280 with Federal Express
 Corporation for cargo warehouse and support office space to be occupied by Federal Express
 Corporation in Building 900 at San Francisco International Airport. (Airport Commission)
 Resolution No. 101-10
 ADOPTED

Recommendation of the Land Use and Economic Development Committee

100136 [Floodplain Management Program]
 Sponsor: Elsbernd
 Ordinance amending the floodplain management program established by Chapter 2A, Article XX,
 Sections 2A.280 - 2A.285 to the San Francisco Administrative Code; providing requirements for
 designating floodplains and for construction and development in floodplains.
 Ordinance No. 56-10
 FINALLY PASSED

City and County of San Francisco Page 247 Printed at 2:12 pm on 4/21/10

### [Page 4](https://sfbos.info/documents/1984/2010-03-23-minutes#page-4)

Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

Recommendations of the Rules Committee

100068 [Settlement of Lawsuit - Marjorie Flores - $57,500]
 Ordinance authorizing settlement of the lawsuit filed by Marjorie Flores against the City and County
 of San Francisco for $57,500; the lawsuit was filed on April 23, 2009, in San Francisco Superior
 Court, Case No. 09-487666, entitled Flores v. City and County of San Francisco, et al. (City
 Attorney)
 Ordinance No. 64-10
 FINALLY PASSED

100069 [Settlement of Lawsuit - Yee Mei Hung - $50,000]
 Ordinance authorizing settlement of the lawsuit filed by Yee Mei Hung against the City and County
 of San Francisco and Thomas Mann Chu for $50,000; the lawsuit was filed on February 3, 2009, in
 San Francisco Superior Court, Case No. 484-637; entitled Yee Mei Hung v. City and County of San
 Francisco, et al. (City Attorney)
 Ordinance No. 63-10
 FINALLY PASSED

 The foregoing items were acted upon by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the Budget and Finance Committee

091344 [Redevelopment Agency Bond Authorization - $28,000,000]
 Sponsors: Mayor; Avalos
 Resolution approving the issuance by the Redevelopment Agency of Bonds in an additional
 principal amount not to exceed $28,000,000 to finance a portion of redevelopment activities
 described in the approved Budget as amended for FY2009-2010 of which additional tax increment
 will be needed in FY2010-2011 for such financing thereof.
 Resolution No. 112-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

NEW BUSINESS

Recommendations of the Budget and Finance Committee

100228 [Redevelopment Agency Budget FY2009-2010]
 Sponsor: Avalos
 Resolution approving an amendment to the budget of the Redevelopment Agency of the City and
 County of San Francisco for FY2009-2010 by increasing the Agency's tax increment bond
 proceeds by $28,000,000 and authorizing expenditures in an amount not to exceed $28,800,000
 for payment to the Supplemental Educational Revenue Augmentation Fund.
 Resolution No. 111-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100045 [Increasing Real Estate Recordation Fee]
 Sponsor: Chiu
 Ordinance amending Section 8.24-5 of the Administrative Code to increase the recordation fee to
 $3.00 from $2.00 for recording real estate instruments, and authorizing the Controller to adjust the
 fee upon notice from the District Attorney, to become operative on its effective date or July 1, 2009,
 whichever is later, and making environmental findings.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100080 [Repealing the Department of Technology Cash Revolving Fund]
 Ordinance repealing Article XV, Section 10.143 of the San Francisco Administrative Code which
 established a cash revolving fund for the Department of Technology. (Department of Technology)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100208 [Accept and Expend Grant - American Recovery and Reinvestment Act and
 Amendment to the Annual Salary Ordinance, FY2009-2010 - $750,635]
 Sponsors: Mayor; Dufty
 Ordinance authorizing the Department of the Environment to accept and expend a grant in the
 amount of $750,635 from the Federal Department of Energy’s Solar America Initiative to remove
 barriers to the deployment of solar technologies in San Francisco by addressing the lack of
 financing options for solar power installations and amending Ordinance No. 183-09 to reflect the
 addition of one (1) grant funded position at the Department of the Environment.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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100232 [Accept and Expend Grant – Supported Employment Program and Amendment to
 the Annual Salary Ordinance, FY2009-2010 - $166,981.50]
 Sponsor: Mirkarimi
 Ordinance authorizing the Office of the Public Defender to retroactively accept and expend a grant
 in the amount of $166,981.50 from the Metta Fund Foundation to implement a Supported
 Employment Program to assist Public Defender clients with mental illness in securing competitive
 employment, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY2009-2010) to
 reflect addition of one (1) grant-funded position (0.25 FTE) in Class 2910 Social Worker at the
 Office of the Public Defender.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100168 [Wastewater Revenue Bonds Issuance and Sale - Not to Exceed $282,400,000]
 Sponsor: Dufty
 Ordinance approving the issuance and sale of wastewater revenue bonds by the San Francisco
 Public Utilities Commission to finance various projects benefitting the Wastewater Enterprise
 pursuant to amendments to the Charter of the City and County of San Francisco enacted by the
 voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection
 therewith.
 (Fiscal Impact.)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100169 [Wastewater Revenue Bonds Issuance - Not to Exceed $282,400,000]
 Sponsor: Dufty
 Resolution approving the issuance of not to exceed $282,400,000 in aggregate principal amount of
 wastewater revenue bonds to be issued by the Public Utilities Commission of the City and County
 of San Francisco; affirming covenants contained in the indenture pursuant to which the wastewater
 revenue bonds are issued; and authorizing the taking of appropriate actions in connection
 therewith; and related matters. (Public Utilities Commission)
 Resolution No. 110-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100177 [Real Property Lease Amendment - One Market Plaza]
 Resolution approving, retroactively, a lease at One Market Plaza, for the Department of Emergency
 Management under Administrative Code Section 23.27. (Real Estate Department)
 Resolution No. 106-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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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.
 Supervisor Maxwell, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED to
 March 30, 2010. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

Recommendations of the Land Use and Economic Development Committee

091475 [General Plan Amendment - Market and Octavia Area Plan]
 Sponsor: Mirkarimi
 Ordinance amending the Market and Octavia Area Plan of the General Plan (an Area generally
 described as approximately one square mile surrounding the Market Street and Octavia Boulevard
 intersection) to amend the historic resource provisions of the Plan to integrate the results of the
 Historic Resource Survey by removing language calling for the Area Plan Level Survey, calling out
 new historic districts, replacing interim procedures for the review of projects that may affect historic
 resources with permanent review procedures for projects in historic districts; and adding a new
 design principle; amending the provisions related to alleys to include terminology consistent with
 other Area Plans; and making environmental findings and findings that the proposed amendments
 are consistent with the General Plan and the eight priority policies of Planning Code Section 101.1.
 (Planning 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

091209 [Interim Zoning Controls for the Bayshore Corridor]
 Sponsors: Maxwell; Campos and Dufty
 Resolution imposing interim zoning controls to require Conditional Use authorization for all projects
 that involve: (1) establishment of a formula retail use; (2) new retail uses that are 25,000 gross
 square feet or larger; and/or (3) a lot merger that creates a new lot that is 25,000 square feet or
 larger, for a period of eighteen (18) months, on all properties on lots fronting Bayshore Boulevard,
 from Jerrold Avenue to the I-280 Freeway; the west side of Loomis Street, from Jerrold Avenue to
 the I-280 Freeway; Oakdale Avenue from Loomis Street to Bayshore Boulevard; Marengo Street
 from Bayshore Boulevard to Waterloo Street; and the west side of Boutwell Street from Industrial
 Street to the I-280 Freeway; specifying criteria to be applied in the evaluation of a conditional use
 permit application, in addition to the criteria listed in Section 303 of the Planning Code; and making
 findings, including findings of consistency with the priority policies of Planning Code Section 101.1
 and environmental findings.
 Resolution No. 115-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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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.
 Resolution No. 113-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

Recommendations of the Public Safety Committee

100112 [Dispatch Services in the Program for Additional Police Department Services]
 Ordinance amending San Francisco Administrative Code Sections 10B.1, 10B.2, 10B.3, 10B.4, and
 10B.5, including dispatch services provided by the Department of Emergency Management, in the
 program for additional Police Department services. (Department of Emergency Management)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100043 [Potential Health Impacts of Wireless Facilities]
 Sponsors: Campos; Avalos, Chu and Mar
 Resolution urging the U.S. Environmental Protection Agency to study the health impacts of wireless
 facilities and, if appropriate, to establish a safe level of exposure to radiofrequency radiation
 emissions; urging the Federal Communications Commission to update its existing standards; and
 urging the California Congressional Delegation to introduce federal legislation to repeal limitations
 on state and local authority imposed by the Telecommunications Act of 1996.
 Resolution No. 102-10
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

SPECIAL ORDER 3:30 P.M - Recognition of Commendations

Privilege of the Floor
 Supervisor Dufty, seconded by Supervisor Campos, 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 Dufty introduced, welcomed, and presented a Certificate of Honor to Gordon Park Li in
 recognition of his outstanding career and thanking him for his exceptional service to the City and
 County of San Francisco over the past 37 years, upon his retirement.

ROLL CALL FOR INTRODUCTIONS
 See Legislation Introduced below.

PUBLIC COMMENT
 Abdullah Megaheed; expressed various concerns.
 James Chaffee; expressed concerns relating to the SF Public Library.
 Male Speaker; expressed various religious concerns.
 Female Speaker; expressed various concerns.
 Walter Paulson; shared in song certain concerns with the Board.
 Christopher Dahl; spoke relating to tobacco and cessation.
 Elizabeth Bell; expressed concerns relating to unemployment.
 Camilia Correa; expressed concerns relating to unemployment.
 Richard McRee; expressed concerns relating to technology, inventions and patents.

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

100343 [Accept and Expend Grant - Clinical and Transnational Science Institute - $56,019]
 Sponsor: Dufty
 Resolution authorizing the San Francisco Department of Public Health to accept and expend
 retroactively a grant in the amount of $56,019 from the Public Health Foundation Enterprises, Inc.
 to assist with a project entitled “Clinical and Transnational Science Institute” for the period of
 September 29, 2009, through September 28, 2011.
 Resolution No. 105-10
 ADOPTED

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100346 [Supporting Reauthorization of San Francisco Unified School District’s Mello-Roos
 Community Facilities District on the June 8, 2010, Ballot]
 Sponsors: Chiu; Mar
 Resolution supporting the San Francisco Unified School District’s proposal to reauthorize its
 Mello-Roos Community Facilities District Assessment on the June 8, 2010, Ballot.
 Resolution No. 114-10
 Supervisor Mar requested to be added as a co-sponsor.
 ADOPTED

100347 [Recognizing the Bay Area Air Quality Management District]
 Sponsor: Mar
 Resolution recognizing the Bay Area Air Quality Management for their support of San Francisco’s
 efforts to promote environmentally preferable garment cleaning technologies among local dry
 cleaners.
 Resolution No. 109-10
 ADOPTED

100348 [Accept and Expend Grant - Youth Stewardship Program - $20,000]
 Sponsor: Avalos
 Resolution authorizing the Recreation and Park Department to retroactively accept and expend a
 grant in the amount of $20,000 to support the San Francisco Recreation and Park Department
 Youth Stewardship Program for FY2009-2010.
 Resolution No. 104-10
 ADOPTED

100344 [Committee of the Whole – Hearing on the Submission of a Design-Build
 Application to the California State Public Works Board]
 Sponsor: Maxwell
 Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 30, 2010,
 at 3:00 p.m. to hold a public hearing on the Redevelopment Agency submission of a Design-Build
 application to the California State Public Works Board.
 Motion No. M10-48
 APPROVED

100345 [Committee of the Whole – Hearing on the Expenditure of Tax Increment Funds for
 Certain Streetscape Improvements in the Bayview Hunter's Point Redevelopment
 Project Area]
 Sponsor: Maxwell
 Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 30, 2010,
 at 3:00 p.m. to hold a public hearing on the expenditure of tax increment funds, by the
 Redevelopment Agency, for a set of City owned streetscape improvements of the 1700 block of
 Newcomb Avenue in the Bayview Hunter's Point Redevelopment Project Area.
 Motion No. M10-49
 APPROVED

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 The foregoing items were acted upon by the following vote:
 Ayes: 10 – Mirkarimi, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Alioto-Pier

 Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to rescind the previous vote to
 exclude File No. 100282. The motion carried by the following vote:

 Ayes: 10 – Mirkarimi, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Alioto-Pier
 The foregoing items were acted upon by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

Severed from the For Adoption Without Committee Reference Agenda
 Supervisor Mirkarimi requested that File No. 100282 be severed so that it may be considered
 separately.

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."
 Supervisor Dufty requested to be added as a co-sponsor.
 Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be REFERRED to
 the Land Use and Economic Development Committee. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

IMPERATIVE AGENDA
 [Purely Commendatory Finding]
 Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.
 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved ADOPTION of the serious injury finding.
 The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

 [Brown Act Finding]
 Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a
 need to take immediate action. The need to take action came to the attention of the City and County of San
 Francisco after the agenda was posted.
 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved ADOPTION of the commendatory
 finding. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

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100366 [Celebrating Nowruz, the Persian New Year]
 Sponsor: Mirkarimi
 Resolution recognizing and appreciating the cultural contributions of Persian culture to modern
 society on the occasion of the Celebration of Nowruz, the Persian New Year.
 Resolution No. 108-10
 The President inquired as to whether any member of the public wished to address the Board
 relating to Celebrating Nowruz as referenced in File No. 100366. There were no speakers. The
 President declared public comment closed.
 ADOPTED by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

LEGISLATION INTRODUCED AT ROLL CALL

Introduced by Supervisors or Mayor

Ordinance

091271 [Zoning – Street Frontages for Most Use Districts]
 Sponsor: Mirkarimi
 Ordinance amending the San Francisco Planning Code by amending Sections 145.1, 201, 243,
 261.1, and 270.2 to create a comprehensive and consistent set of street frontage controls for most
 use districts that allow a mix of uses; adopting findings, including environmental findings, Section
 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning
 Code Section 101.1.
 (3/23/10 - Supervisor Mirkarimi submitted a substitute ordinance bearing new title.)
 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.

 12/07/09; RESPONSE RECEIVED.

 03/03/10; RESPONSE RECEIVED.

 03/23/10; SUBSTITUTED.

Resolutions

100366 [Celebrating Nowruz, the Persian New Year]
 Sponsor: Mirkarimi
 Resolution recognizing and appreciating the cultural contributions of Persian culture to modern
 society on the occasion of the Celebration of Nowruz, the Persian New Year.
 03/23/10; ADOPTED.

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100373 [Authorizing Expenditures from South of Market Community Stabilization Fund -
 $1,844,273]
 Sponsor: Daly
 Resolution approving the 2010 South of Market Community Stabilization Fund Program and
 authorizing the Mayor’s Office of Housing to expend South of Market Community Stabilization Fund
 dollars in the amount of $1,844,273.
 (Fiscal Impact.)
 03/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100374 [Making Certain Findings for the Use of Tax Increment for the Newcomb Avenue
 Model Block Streetscape Improvements Pursuant to Health and Safety Code
 Section 33445]
 Sponsor: Maxwell
 Resolution making certain findings pursuant to Health and Safety Code Section 33445 for the use
 of tax increment funds for the completion of construction documents, capital improvement costs
 and construction costs for the Newcomb Avenue Model Block Streetscape Improvements on the
 1700 block of Newcomb Avenue in the Bayview Hunter's Point Redevelopment Project Area.
 03/23/10; ASSIGNED to Board of Supervisors.

100376 [Congratulating Assemblymember Fiona Ma]
 Sponsors: Mirkarimi; Chiu, Dufty and Mar
 Resolution congratulating Assemblymember Fiona Ma on her appointment as Speaker pro
 Tempore of the California State Assembly.
 03/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

100378 [Commending Speaker Nancy Pelosi for Her Work on Health Care Reform]
 Sponsors: Mayor; Chiu, Maxwell, Alioto-Pier, Chu, Dufty, Mar, Elsbernd, Mirkarimi, Daly,
 Campos and Avalos
 Resolution commending Speaker of the House of Representatives Nancy Pelosi for her courage as
 a champion for historic health care reform in the United States.
 03/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

100379 [Supporting Senate Bill 4 Banning Smoking at State Parks and Beaches]
 Sponsor: Mar
 Resolution supporting Senate Bill 4 Banning Smoking at State Parks and Beaches.
 03/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

Requests for Hearing

100367 [Three-Year Budget Projection - Mayor's Office, Controller and Budget Analyst]
 Sponsor: Avalos
 Hearing to consider three-year Budget Projection from the Controller's Office, Mayor's Office and
 Budget Analyst.
 03/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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100369 [FY2010-2011 Budget Hearing - Municipal Transportation Agency]
 Sponsor: Chiu
 Hearing on the Municipal Transportation Agency's FY2010-2011 Budget and how the Agency plans
 to use the $36,000,000 in announced transit funding from the state.
 03/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100370 [Sewer System Master Plan Project - Sewer System Improvement Program]
 Sponsor: Maxwell
 Hearing on the status of the City's Sewer System Improvement Program.
 03/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

100372 [Federal Stimulus Funds - Jobs Now Program]
 Sponsor: Maxwell
 Hearing on the status of the Jobs Now Program.
 03/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

100371 [Eastern Neighborhoods Area Plans - Funding Public Improvements]
 Sponsor: Maxwell
 Hearing on the report on Strategies for Funding Public Improvements in the Eastern
 Neighborhoods Area Plans.
 03/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

100375 [Committee of the Whole - Making Certain Findings for the Use of Tax Increment
 for the Newcomb Avenue Model Block Streetscape Improvements Pursuant to
 Health and Safety Code Section 33445]
 Hearing of persons interested in or objecting to the proposed Resolution making certain findings
 pursuant to Health and Safety Code Section 33445 for the use of tax increment funds for the
 completion of construction documents, capital improvement costs and construction costs for the
 Newcomb Avenue Model Block Streetscape Improvements on the 1700 block of Newcomb Avenue
 in the Bayview Hunter's Point Redevelopment Project Area. (Clerk of the Board)
 03/23/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.

100380 [Committee of the Whole - Approving Submission of a Design-Build Application to
 the California State Public Works Board Under California Public Contract Code
 Section 20688.6]
 Hearing of persons interested in or objecting to the proposed Resolution making findings and
 authorizing the submission of a design-build application to the California State Public Works Board
 to permit construction of a Community Facilities Demonstration Project at Hunter's Point Shipyard
 Redevelopment Project Area. (Clerk of the Board)

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Motions

100368 [Off-Site Budget and Finance Committee Meeting on April 21, 2010, 4:00 p.m. at the
 Hall of Flowers]
 Sponsor: Avalos
 Motion ordering the April 21, 2010, meeting of the Budget and Finance Committee be held at the
 Hall of Flowers, 9th Avenue at Lincoln Way, in the Inner Sunset district of San Francisco.
 03/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100377 [Rejecting the San Francisco Municipal Transportation Agency’s Proposed Fare
 Changes to Create New Premium Monthly MUNI Passes]
 Sponsors: Mirkarimi; Chiu, Campos, Dufty and Mar
 Motion rejecting the San Francisco Municipal Transportation Agency’s proposed fare changes to
 create Premium Monthly San Francisco Municipal Railway Passes for express bus routes and
 cable cars.
 03/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

Introduced by President at Request of Department

PROPOSED RESOLUTIONS

100310 [Airport Concession – Terminal 2 Book Store Lease with Books, Inc.]
 Resolution approving the Terminal 2 Book Store Lease between Books, Inc. (Compass Books,
 Inc.) and the City and County of San Francisco, acting by and through its Airport Commission.
 (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100311 [Airport Concession – Amendment to Paster Retail/Duty Free Concession Lease
 No. 99-0035 with DFS Group, L.P.]
 Resolution approving Amendment No. 8 to the Post-Security Master Retail/Duty Free Concession
 Lease No. 99-0035 between DFS Group, L.P., and the City and County of San Francisco, acting by
 and through its Airport Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100312 [Airport Concession – Terminal 2 Gourmet Market and Wine Bar Lease with D-Lew
 Enterprise, LLC]
 Resolution approving a Terminal 2 Gourmet Market and Wine Bar Lease between D-Lew
 Enterprises, LLC and the City and County of San Francisco, acting by and through its Airport
 Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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100313 [Airport Concession – Terminal 2 Quick Serve Lease with BJ Annex, LLC]
 Resolution approving the Terminal 2 Quick Serve Lease, between BJ Annex, LLC and the City and
 County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100314 [Airport Concession – Terminal 2 Cocktail Lounge Lease with HBF Soto JV, LLC]
 Resolution approving the Terminal 2 Cocktail Lounge Lease between HBF Soto JV, LLC and the
 City and County of San Francisco, acting by and through its Airport Commission. (Airport
 Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100315 [Airport Concession – Terminal 2 Specialty Store Lease with Charles Chocolates,
 Inc.]
 Resolution approving the Terminal 2 Specialty Store Lease between Charles Chocolates, Inc. and
 the City and County of San Francisco, acting by and through its Airport Commission. (Airport
 Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100316 [Airport Concession – Terminal 2 Quick Serve Lease with Sankaku, Inc.]
 Resolution approving the Terminal 2 Quick Serve Lease between Sankaku, Inc. and the City and
 County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100317 [Airport Concession – Terminal 2 Sit-Down Restaurant Lease with D-Lew
 Enterprises, LLC]
 Resolution approving a Terminal 2 Sit-Down Restaurant Lease between D-Lew Enterprises, LLC
 and the City and County of San Francisco, acting by and through its Airport Commission. (Airport
 Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100318 [Airport Concession – Terminal 2 Bakery and Coffee Facilities Lease with Gotham
 Enterprises, LLC]
 Resolution approving a Terminal 2 Bakery and Coffee Facilities Lease between Gotham
 Enterprises, LLC and the City and County of San Francisco, acting by and through its Airport
 Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100319 [Airport Concession – Terminal 2 Quick Serve Lease with Andale Management
 Group, Inc.]
 Resolution approving the Terminal 2 Quick Serve Lease, between Andalé Management Group, Inc.
 and the City and County of San Francisco, acting by and through its Airport Commission. (Airport
 Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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### [Page 17](https://sfbos.info/documents/1984/2010-03-23-minutes#page-17)

Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

100320 [Airport Concession – Terminal 2 Quick Serve Lease with HBF Soto JV, LLC]
 Resolution approving the Terminal 2 Quick Serve Lease, between HBF Soto JV, LLC and the City
 and County of San Francisco, acting by and through its Airport Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100321 [Airport Concession – Terminal 2 and 3 Electronics and Technology Stores Lease
 with Edge 1 Cellular, L.P.]
 Resolution approving the Electronics and Technology Stores in Terminal 2 and Terminal 3 Lease,
 between Edge 1 Cellular, L.P. and the City and County of San Francisco, acting by and through its
 Airport Commission. (Airport Commission)
 03/10/10; RECEIVED AND ASSIGNED to Board of Supervisors.

100322 [Airport Concession – Terminal 2 Spa Lease with XpresSpa SF International, Inc.]
 Resolution approving the Terminal 2 Spa Lease between XpresSpa SF International, Inc. and the
 City and County of San Francisco, acting by and through its Airport Commission. (Airport
 Commission)
 03/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

100325 [Approving Sixth Modification to Water Supply Contract]
 Resolution approving a sixth modification to the water supply contract (Contract No.
 EY-76-C-03-0269), between the City and County of San Francisco and the Department of Energy,
 pursuant to Charter Section 9.118. (Public Utilities Commission)
 03/15/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

Request Granted
 From: Supervisor Dufty
 To: City Attorney
 Requesting/Inquiring: Requesting the City Attorney to begin drafting legislation for a Special Use
 District located at 1800 Market Street that would allow for a restaurant and bar as a permitted use
 above the 2nd floor in this NCT-3 Zoning District, with appropriate limitations on any outdoor
 seating area.

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### [Page 18](https://sfbos.info/documents/1984/2010-03-23-minutes#page-18)

Board of Supervisors Meeting Minutes - Final Tuesday, March 23, 2010

ADJOURNMENT
 There being no further business, the Board adjourned at the hour of 3:39 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 20, 2010.

 Angela Calvillo, Clerk of the Board

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