# Board of Supervisors Minutes: May 11, 2010 - Meeting date: 2010-05-11 - Document type: minutes - Source format: PDF - Extracted pages: 27 - [Canonical HTML transcript](https://sfbos.info/documents/1998/2010-05-11-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m051110.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### 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: 2 - Sponsors: Mirkarimi ### File 100247: Additional Penalty for Underreporting Tax by Twenty-five Percent or More - Pages: 2-3 ### File 100471: Accept and Expend Grant - American Recovery and Reinvestment Act Energy Efficiency Projects and Amendment to the Annual Salary Ordinance, FY2009-2010 - $875,957 - Pages: 3 - Sponsors: Mayor; Dufty ### File 100419: Airport Concession Lease with Wells Fargo Bank, N.A. - Pages: 3 ### File 100420: Airport Concession Lease with JPMorgan Chase Bank, N.A. - Pages: 3 ### File 100441: Approval of FY2010-2011 Expenditure Plan for the Human Services Care Fund - Pages: 3 ### File 100332: Revisions to Integrated Project Delivery Construction Contracting Procedures; Signature Authority for Administrative Code Chapter 6 Contracts and Related Documents - Pages: 3-4 - Sponsors: Maxwell; Mar, Chiu and Daly ### File 100333: Bid Discount for Small and Micro-Local Business Enterprises that Joint Venture to Bid on Construction Contracts - Pages: 4 - Sponsors: Maxwell; Mar and Chiu - Vote 1: final-passage, likely final - Action: 100333 [Bid Discount for Small and Micro-Local Business Enterprises that Joint Venture to Bid on Construction Contracts] Sponsors: Maxwell; Mar and Chiu Ordinance amending Administrative Code Section 14B.7(F) to grant bid discounts to Small and Micro-Local Business Enterprises that joint venture with other firms to bid on construction contracts. FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 091269: Payroll Expense Tax Biotechnology Exclusion Amendment - Pages: 4-5 - Sponsors: Alioto-Pier; Dufty - Vote 1: final-passage, likely final - Action: 091269 [Payroll Expense Tax Biotechnology Exclusion Amendment] Sponsors: Alioto-Pier; Dufty Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half (7.5) years irrespective of the application date. (Fiscal Impact.) FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Avalos, Daly ### File 090584: Requiring Lighting Efficiency Measures in Commercial and City Buildings - Pages: 5 - Sponsors: Dufty; Mayor and Chiu - Vote 1: final-passage, likely final - Action: 090584 [Requiring Lighting Efficiency Measures in Commercial and City Buildings] Sponsors: Dufty; Mayor and Chiu Ordinance amending the San Francisco Building Code by adding a new Chapter 13D, Sections 1301D through 1311D, to require commercial buildings to increase efficiency of fluorescent lighting by the year 2011; amending the San Francisco Environment Code by dividing Section 705 into Sections 705 through 705.5 and amending them to require City-owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100496: Accept and Expend Grant - California Emergency Management Agency and Amendment to the Annual Salary Ordinance for FY2009-2010 - $505,599 - Pages: 5 - Sponsors: Dufty - Vote 1: first-reading - Action: 100496 [Accept and Expend Grant - California Emergency Management Agency and Amendment to the Annual Salary Ordinance for FY2009-2010 - $505,599] Sponsor: Dufty Ordinance authorizing the Department of Adult Probation to retroactively accept and expend a grant in the amount of $505,599 from the California Emergency Management Agency for a pilot program funded by Senate Bill 678 designed to improve outcomes for 18-25 year old probationers, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY 2009-2010) to reflect the addition of one (1) grant-funded position (0.25 FTE) in Class 8444 Deputy Probation Officer at the Department of Adult Probation. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100351: Airport 2011 Lease and Use Agreements with Various Airlines - Pages: 5-6 - Vote 1: adoption, likely final - Action: 100351 [Airport 2011 Lease and Use Agreements with Various Airlines] Resolution approving a term of twenty five (25) new Lease and Use Agreements between the City and County of San Francisco and various airlines, effective July 1, 2011, to allow such airlines to conduct domestic and international flight operations at the San Francisco International Airport. (Airport Commission) (Fiscal Impact.) ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100352: Airline and Airport Lease and Use Agreement Modifications and Lease and Operating Agreement Modifications with Various Airlines - Pages: 6 - Vote 1: adoption, likely final - Action: 100352 [Airline and Airport Lease and Use Agreement Modifications and Lease and Operating Agreement Modifications with Various Airlines] Resolution approving modifications to the terms of eight (8) Airline and Airport Lease and Use Agreements and eleven (11) Lease and Operating Agreements between the City and County of San Francisco and various airlines to allow such airlines to modify the rental of terminal space and modify the terms of one (1) Airline and Airport Lease and Use Agreement to allow for early termination of said Lease and Use Agreement. (Airport Commission) ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 091251: Development Fee Collection Procedure; Administrative Fee - Pages: 6-7 - Sponsors: Mayor; Dufty, Daly, Mirkarimi and Chu - Vote 1: first-reading - Action: sued, the first addendum authorizing construction of the project, with a temporary option for the project sponsor to defer payment of 85 percent of the total amount of fees due, or 80 percent of the total amount of fees due if the project is subject to payment of a neighborhood infrastructure impact development fee, to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed, 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 July 1, 2010; and adopting findings, including environmental findings. (Economic Impact.) Supervisors Daly and Mirkarimi requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 091275: Development Impact and In-Lieu Fees - Pages: 7 - Sponsors: Mayor; Dufty and Chu - Vote 1: first-reading - Action: d 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 (Fee Deferral Program), which option shall expire after three years unless further extended; to require the Planning Commission to hold a hearing prior to expiration of the Fee Deferral Program to review its effectiveness and make recommendations to the Board of Supervisors; 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 July 1, 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. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly ### File 100048: Amendment to Solar Energy Incentive Program - Pages: 7 - Sponsors: Daly; Mirkarimi and Mar - Vote 1: first-reading - Action: 100048 [Amendment to Solar Energy Incentive Program] Sponsors: Daly; Mirkarimi and Mar Ordinance amending the San Francisco Environment Code Sections 18.2, 18.4, 18.7-2, and 18.7-4, to: (1) require all systems receiving City incentives be installed by an individual, firm or organization qualified as a workforce development installer by the Office of Economic & Workforce Development, unless specified exceptions apply, and (2) eliminate increased incentives for residential properties in the case of systems installed by individuals trained under the City workforce development program. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100492: Supplemental Agreement to Install an Additional Water Pipeline Over Union Pacific Railroad Company Property in Stanislaus County - Pages: 7-8 - Vote 1: adoption, likely final - Action: 100492 [Supplemental Agreement to Install an Additional Water Pipeline Over Union Pacific Railroad Company Property in Stanislaus County] Resolution approving and authorizing a Supplemental Agreement with Union Pacific Railroad Company to install an additional water pipeline within an existing easement area over Railroad property near the City of Oakdale in Stanislaus County required for the San Joaquin Pipeline System Project No. CUW37301 for a fee of $2,500; 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 by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100252: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 100 - 32nd Avenue - Pages: 8 - Vote 1: continuance - Action: d in or objecting to the decision of the Planning Department dated May 19, 2009, Case No. 2007.0129E, that a project located at 100 - 32nd Avenue is exempt from environmental review under Categorical Exemption, Class 1 (State CEQA Guidelines Section 15301(e)(1)). The proposal would add a three-story side horizontal addition and would enlarge the existing partial fourth floor at the existing four-story, single-family residence located in an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District, in Assessor’s Block No. 1312, Lot No. 008. (District 2) (Appellant: Stephen M. Williams on behalf of Sanford Garfinkel, other neighbors, and the Lincoln Park Neighborhood Association) (Clerk of the Board) (Filed 3/1/10; Companion Measure to File Nos. 100253, 100254, 100255.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to June 8, 2010. There were no speakers. The President continued the public hearing open to June 8, 2010. Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to June 8, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100253: Affirming the Exemption Determination for 100 – 32nd Avenue - Pages: 8-9 - Vote 1: continuance - Action: 100253 [Affirming the Exemption Determination for 100 – 32nd Avenue] Motion affirming the determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100254: Reversing the Exemption Determination Issued for 100 – 32nd Avenue - Pages: 9 - Vote 1: continuance - Action: 100254 [Reversing the Exemption Determination Issued for 100 – 32nd Avenue] Motion reversing the determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100255: Preparation of Findings Related to the Exemption Determination for the 100 – 32nd Avenue - Pages: 9 - Vote 1: continuance - Action: 100255 [Preparation of Findings Related to the Exemption Determination for the 100 – 32nd Avenue] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100415: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 424 Francisco Street - Pages: 9-10 ### File 100416: Affirming Planning Department Determination of Exemption for 424 Francisco Street - Pages: 10 - Vote 1: tabling - Action: 100416 [Affirming Planning Department Determination of Exemption for 424 Francisco Street] Motion affirming the determination by the Planning Department that the project located at 424 Francisco Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd - Absent: Maxwell ### File 100417: Reversing the Planning Department Determination of Exemption Issued for 424 Francisco Street - Pages: 10 - Vote 1: approval, likely final - Action: 100417 [Reversing the Planning Department Determination of Exemption Issued for 424 Francisco Street] Motion reversing the determination by the Planning Department that the 424 Francisco Street project is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd - Absent: Maxwell ### File 100418: Preparation of Findings to Reverse the Planning Department Determination of Exemption for the 424 Francisco Street Project - Pages: 10-11 - Vote 1: approval, likely final - Action: 100418 [Preparation of Findings to Reverse the Planning Department Determination of Exemption for the 424 Francisco Street Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 424 Francisco Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd - Absent: Maxwell ### File 100522: Appointment, Board of Appeals - Christine Hwang - Pages: 11 - Vote 1: approval, likely final - Action: 100522 [Appointment, Board of Appeals - Christine Hwang] Motion appointing Christine Hwang, term ending July 1, 2014, to the Board of Appeals. (Clerk of the Board) Christine Hwang, seat 2, succeeding Rafael Mandelman, must be a nominee of the President of the Board of Supervisors approved by the Board of Supervisors, for the term ending on July 1, 2014. APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100330: Veterans Commons Special Use District - 150 Otis Street - Pages: 11 - Sponsors: Chiu; Mirkarimi - Vote 1: first-reading - Action: 100330 [Veterans Commons Special Use District - 150 Otis Street] Sponsors: Chiu; Mirkarimi Ordinance adding Planning Code Section 249.46 to establish the Veterans Commons Special Use District for property located at 150 Otis Street, Block No. 3513, Lot No. 07; amending the City's Zoning Map, Sheet Nos. HT07 and SU07 to change the height district from 85 to 125 feet and reflect the boundaries of the Veterans Commons Special Use District; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100531: Accept and Expend Grant - San Francisco Arts Commission’s WritersCorps Artist in Schools Program - $9,600 - Pages: 12 - Sponsors: Mayor ### File 100533: Accept and Expend Grant - San Francisco Arts Commission’s Arts Education Program - $15,000 - Pages: 12 - Sponsors: Mayor ### File 100539: Request for Redevelopment Agency Audit - Pages: 12-13 - Sponsors: Mirkarimi; Campos ### File 100540: Opposing the Dirty Energy Proposition, also known as Attorney General Initiative #09-0104 - Pages: 13 - Sponsors: Mirkarimi; Alioto-Pier, Maxwell, Campos and Mar ### File 100541: Grant Application - Strategic Growth Council Urban Greening Program - Pages: 13 - Sponsors: Mar ### File 100542: Acceptance of Gift - Airport Congressman Tom Lantos Commemorative Plaque - $15,000 - Pages: 13 - Sponsors: Elsbernd; Dufty and Alioto-Pier ### File 100543: Requesting the Controller’s Office to Conduct a Review and Analysis of the Funding Recommendations of the Department of Children, Youth and Their Families for FY2010-2011 through FY2012-2013 - Pages: 13 - Sponsors: Dufty; Campos, Maxwell, Chiu and Mar ### File 100545: Proclaiming Public Works Week in San Francisco - May 16-22, 2010 - Pages: 13-14 - Sponsors: Chiu; Campos ### File 100546: Accept and Expend Grant - Back on Track Re-entry Program - $52,355.57 - Pages: 14 - Sponsors: Chiu ### File 100547: Accept and Expend Grant - Criminal Restitution Compact - $88,538 - Pages: 14 - Sponsors: Chiu ### File 100548: Supporting Assembly Bill 1871 Regarding Amending State Car Insurance Laws to Allow Personal Vehicles to be Used in Car-Sharing Programs - Pages: 14 - Sponsors: Alioto-Pier; Chiu and Campos ### File 100558: Urging the United States Department of Agriculture to Declare the Light Brown Apple Moth a Non-Actionable Pest - Pages: 14 - Sponsors: Alioto-Pier; Mirkarimi ### File 100550: Committee of the Whole - Issuance of Revenue Bonds by the California Municipal Finance Authority - May 18, 2010 - Pages: 14-15 - Sponsors: Daly - Vote 1: approval, likely final - Action: 100550 [Committee of the Whole - Issuance of Revenue Bonds by the California Municipal Finance Authority - May 18, 2010] Sponsor: Daly Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 18, 2010, at 3:00 p.m., to hold a public hearing on the issuance of revenue bonds by the California Municipal Finance Authority for the purpose of financing or refinancing the acquisition of the State office buildings known as the Public Utilities Commission Building and/or the San Francisco Civic Center. APPROVED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100256: Calling for a Boycott of the State of Arizona and Arizona-Based Businesses Until Arizona Repeals Senate Bill 1070 - Pages: 15 - Sponsors: Campos; Chiu, Avalos, Dufty, Daly, Mirkarimi and Mar - Vote 1: other - Action: 100256 [Calling for a Boycott of the State of Arizona and Arizona-Based Businesses Until Arizona Repeals Senate Bill 1070] Sponsors: Campos; Chiu, Avalos, Dufty, Daly, Mirkarimi and Mar Resolution denouncing Arizona State Senate Bill 1070, a law that seeks to implement Arizona’s own scheme of immigration regulation and will inevitably lead to racial profiling of people of color and limited English proficient persons, calling for a boycott of the State of Arizona and Arizona-based businesses, and endorsing the City Attorney's offer to cooperate in a lawsuit challenging Arizona State Senate Bill 1070. Supervisor Elsbernd moved to divide the question relating to "RESOLVED clauses" located on Page 2, Line 16, through Page 3, Line 5. The question relating to the RESOLVED clauses was PASSED as divided by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Elsbernd - Vote 2: adoption, likely final - Action: ADOPTED AS DIVIDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100544: Urging our Federal Representatives to Denounce the Burmese Military Regime’s Illegitimate 2010 Election and Recognizing May 27, 2010, as Burma Democracy Day - Pages: 15-16 - Sponsors: Daly - Vote 1: amendment - Action: 100544 [Urging our Federal Representatives to Denounce the Burmese Military Regime’s Illegitimate 2010 Election and Recognizing May 27, 2010, as Burma Democracy Day] Sponsor: Daly Resolution denouncing the Burmese military regime’s illegitimate 2010 election and recognizing May, 27, 2010, as Burma Democracy Day in honor of the 20th Anniversary of the 1990 Elections. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Resolution be AMENDED on Page 1, Line 1, by adding 'Urging our Federal Representatives to' before 'Denouncing' and changing 'Denouncing' to 'Denounce;' on Page 1, Line 3, by adding 'urging our Federal representatives to' after 'Resolution' and changing 'denouncing' to 'denounce;' and on Page 3, Line 23, by adding 'to urge our Federal representatives to' after 'Supervisors.' The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: adoption, likely final - Action: Resolution urging our Federal representatives to denounce the Burmese military regime’s illegitimate 2010 election and recognizing May 27, 2010, as Burma Democracy Day in honor of the 20th Anniversary of the 1990 Elections. ADOPTED AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100538: Supporting Outreach and Education Regarding Smart Meters to Prevent Power Service Disconnections - Pages: 16 - Sponsors: Mar - Vote 1: continuance - Action: 100538 [Supporting Outreach and Education Regarding Smart Meters to Prevent Power Service Disconnections] Sponsor: Mar Resolution supporting outreach and education regarding Smart Meters to prevent power service disconnections. Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to May 18, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100574: General Plan Amendments – Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project - Pages: 16 - Sponsors: Mayor ### File 100575: Hunters Point Shipyard - Health Code Amendment - Pages: 16-17 - Sponsors: Mayor ### File 100576: Hunters Point Shipyard - Public Works Code Amendment - Pages: 17 - Sponsors: Mayor ### File 100577: Hunters Point Shipyard - Building Code Amendment - Pages: 17 - Sponsors: Mayor ### File 100578: Zoning Map Amendments - Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project - Pages: 17 - Sponsors: Mayor ### File 100579: Zoning – Establishment of the Candlestick Point Activity Node Special Use District, the Hunters Point Shipyard Phase 2 Special Use District, and Special Height and Bulk Provisions for the Special Use Districts - Pages: 17-18 - Sponsors: Mayor ### File 100580: General Obligation Bond - Earthquake Safety Retrofit Loan Program General Obligation Bond - November 2, 2010, Election - Pages: 18 - Sponsors: Mayor ### File 100582: Appropriating $811,734 of Fund Balance for the Code Enforcement Rehabilitation Fund in Department of Building Inspection and Mayor’s Office of Housing in FY2009-2010 - Pages: 18 - Sponsors: Mayor ### File 100583: Memorandum of Understanding - International Union of Operating Engineers Stationary Engineers, Local 39 - Pages: 18 - Sponsors: Mayor ### File 100584: Appointment as Road Commissioner - Edward D. Reiskin - Pages: 18-19 - Sponsors: Mayor ### File 100600: Prohibiting Lying on Public Sidewalks - Pages: 19 - Sponsors: Daly ### File 100104: Retailers Duty to Disclose Specific Absorption Rate Values for Cell Phones - Pages: 19-20 - Sponsors: Mayor ### File 100572: CEQA Findings, Candlestick Point - Hunters Point Shipyard Phase II Project - Pages: 20 - Sponsors: Mayor ### File 100573: Urging the Planning Commission to Recommend Amendments to the General Plan Concerning Amendments to the Bayview Hunters Point Redevelopment Plan and the Hunters Point Shipyard Redevelopment Plan - Pages: 20 - Sponsors: Mayor ### File 100581: General Obligation Bonds - Earthquake Safety Retrofit Deferred Loan and Grant Program General Obligation Bonds 2010 - Estimated Cost $39,140,000 - Pages: 20 - Sponsors: Mayor ### File 100585: Confirming the Reappointment of Rodney Fong to the San Francisco Port Commission - Pages: 20-21 - Sponsors: Mayor ### File 100586: Confirming the Reappointment of Ellen Schumer and Mae Woo to the City Hall Preservation Advisory Commission - Pages: 21 - Sponsors: Mayor ### File 100589: Grant Application - Mission Creek Park Corridor - Pages: 21 - Sponsors: Mayor; Maxwell ### File 100590: Grant Application - Hillpoint Park Open Space Project - Pages: 21 - Sponsors: Mayor; Maxwell ### File 100591: Grant Application - Boedekker Park - Pages: 21 - Sponsors: Mayor; Daly ### File 100592: Grant Application - Cayuga Playground - Pages: 21 - Sponsors: Mayor; Avalos ### File 100593: Opposing the Proposed Resumption of Commercial Whaling and Ten-Year Quotas for Gray Whales as Proposed by the International Whaling Commission - Pages: 21-22 - Sponsors: Mirkarimi; Dufty and Maxwell ### File 100594: Proclaiming Martha Ryan Day - May 22, 2010 - Pages: 22 - Sponsors: Alioto-Pier ### File 100596: Proclaiming Harvey Milk Day - May 22, 2010 - Pages: 22 - Sponsors: Dufty; Campos, Mirkarimi and Chiu ### File 100597: Proclaiming World Hepatitis Awareness Day - May 19, 2010 - Pages: 22 - Sponsors: Dufty; Chiu ### File 100599: Accept and Expend Grant - To Hire up to Four Part-Time Upper Division Undergraduate or Graduate School Planning Interns - $44,000 - Pages: 22 - Sponsors: Elsbernd ### File 100601: Commending Mary Kay Henry - Pages: 22 - Sponsors: Alioto-Pier ### File 100587: Adopting Findings to Reverse Certification of the 555 Washington Street Project Final Environmental Impact Report - Pages: 22-23 - Sponsors: Chiu; Daly, Mirkarimi, Campos, Mar and Avalos ### File 100588: Adopting Findings Related to the Conditional Use Appeal on Property Located at 1111 California Street - Pages: 23 ### File 100595: Waiver Permitting City Employees to Assist the Department of Elections with the June 8, 2010, Consolidated Primary Election - Pages: 23 - Sponsors: Chiu ### File 100570: Implementation Status of Language Access Ordinance - Pages: 23 - Sponsors: Chu; Chiu, Mar and Avalos ### File 100571: Safe Routes to Schools and MUNI Safety - Pages: 23-24 - Sponsors: Dufty ### File 100364: Major Encroachment for San Francisco State University to Place Utilities Under Font Boulevard - Pages: 24 - Sponsors: Elsbernd ### File 100365: Amendment to Agreement - Avaya, Inc., to Extend the Term and Increase the Amount of the Contract - $13,367,321 - Pages: 24-27 ## Extracted text ### [Page 1](https://sfbos.info/documents/1998/2010-05-11-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, May 11, 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, Maxwell, Campos 1:30 PM Budget and Finance Sub-Committee Wednesday Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM 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 17 ### [Page 2](https://sfbos.info/documents/1998/2010-05-11-minutes#page-2) Board of Supervisors Meeting Minutes - Final 5/11/2010 Members Present: Michela Alioto-Pier, 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 2:10 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Campos, seconded by Supervisor Avalos, moved to approve the Board Meeting Minutes of April 13, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Sub-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) FINALLY PASSED 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) FINALLY PASSED City and County of San Francisco Page 400 Printed at 9:48 am on 6/16/10 ### [Page 3](https://sfbos.info/documents/1998/2010-05-11-minutes#page-3) Board of Supervisors Meeting Minutes - Final 5/11/2010 100471 [Accept and Expend Grant - American Recovery and Reinvestment Act Energy Efficiency Projects and Amendment to the Annual Salary Ordinance, FY2009-2010 - $875,957] Sponsors: Mayor; Dufty Ordinance authorizing the Department of the Environment to expend 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 and County of San Francisco and amend Ordinance Number 183-09 to reflect the addition of three (3) grant funded positions in the Department of the Environment. FINALLY PASSED 100419 [Airport Concession Lease with Wells Fargo Bank, N.A.] Resolution approving the Domestic Terminals Automated Teller Machines Lease "A," between Wells Fargo Bank, N.A., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) ADOPTED 100420 [Airport Concession Lease with JPMorgan Chase Bank, N.A.] Resolution approving the Domestic Terminals Automated Teller Machines Lease "B," between JPMorgan Chase Bank, N.A., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) ADOPTED 100441 [Approval of FY2010-2011 Expenditure Plan for the Human Services Care Fund] Resolution approving the FY2010-2011 Expenditure Plan for the Human Services Care Fund. (Human Services Department) ADOPTED Recommendations of the Land Use and Economic Development Committee 100332 [Revisions to Integrated Project Delivery Construction Contracting Procedures; Signature Authority for Administrative Code Chapter 6 Contracts and Related Documents] Sponsors: Maxwell; Mar, Chiu and Daly Ordinance amending San Francisco Administrative Code Chapter 6 to revise Section 6.68 concerning integrated project delivery contracting procedures and revise Subsection 6.1(H) to allow a department head to designate an individual to execute, on his or her behalf, contracts awarded under Chapter 6 and related documents. FINALLY PASSED City and County of San Francisco Page 401 Printed at 9:48 am on 6/16/10 ### [Page 4](https://sfbos.info/documents/1998/2010-05-11-minutes#page-4) Board of Supervisors Meeting Minutes - Final 5/11/2010 100333 [Bid Discount for Small and Micro-Local Business Enterprises that Joint Venture to Bid on Construction Contracts] Sponsors: Maxwell; Mar and Chiu Ordinance amending Administrative Code Section 14B.7(F) to grant bid discounts to Small and Micro-Local Business Enterprises that joint venture with other firms to bid on construction contracts. FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi REGULAR AGENDA UNFINISHED BUSINESS From the Budget and Finance Sub-Committee Without Recommendation 091269 [Payroll Expense Tax Biotechnology Exclusion Amendment] Sponsors: Alioto-Pier; Dufty Ordinance amending Section 906.1 of the San Francisco Business and Tax Regulations Code to clarify the definition of "biotechnology business" and to allow applicants to claim the biotechnology exclusion for seven and one half (7.5) years irrespective of the application date. (Fiscal Impact.) FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 2 - Avalos, Daly City and County of San Francisco Page 402 Printed at 9:48 am on 6/16/10 ### [Page 5](https://sfbos.info/documents/1998/2010-05-11-minutes#page-5) Board of Supervisors Meeting Minutes - Final 5/11/2010 Recommendation of the Land Use and Economic Development Committee 090584 [Requiring Lighting Efficiency Measures in Commercial and City Buildings] Sponsors: Dufty; Mayor and Chiu Ordinance amending the San Francisco Building Code by adding a new Chapter 13D, Sections 1301D through 1311D, to require commercial buildings to increase efficiency of fluorescent lighting by the year 2011; amending the San Francisco Environment Code by dividing Section 705 into Sections 705 through 705.5 and amending them to require City-owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. FINALLY PASSED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 100496 [Accept and Expend Grant - California Emergency Management Agency and Amendment to the Annual Salary Ordinance for FY2009-2010 - $505,599] Sponsor: Dufty Ordinance authorizing the Department of Adult Probation to retroactively accept and expend a grant in the amount of $505,599 from the California Emergency Management Agency for a pilot program funded by Senate Bill 678 designed to improve outcomes for 18-25 year old probationers, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY 2009-2010) to reflect the addition of one (1) grant-funded position (0.25 FTE) in Class 8444 Deputy Probation Officer at the Department of Adult Probation. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100351 [Airport 2011 Lease and Use Agreements with Various Airlines] Resolution approving a term of twenty five (25) new Lease and Use Agreements between the City and County of San Francisco and various airlines, effective July 1, 2011, to allow such airlines to conduct domestic and international flight operations at the San Francisco International Airport. (Airport Commission) (Fiscal Impact.) ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 403 Printed at 9:48 am on 6/16/10 ### [Page 6](https://sfbos.info/documents/1998/2010-05-11-minutes#page-6) Board of Supervisors Meeting Minutes - Final 5/11/2010 100352 [Airline and Airport Lease and Use Agreement Modifications and Lease and Operating Agreement Modifications with Various Airlines] Resolution approving modifications to the terms of eight (8) Airline and Airport Lease and Use Agreements and eleven (11) Lease and Operating Agreements between the City and County of San Francisco and various airlines to allow such airlines to modify the rental of terminal space and modify the terms of one (1) Airline and Airport Lease and Use Agreement to allow for early termination of said Lease and Use Agreement. (Airport Commission) ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Land Use and Economic Development Committee 091251 [Development Fee Collection Procedure; Administrative Fee] Sponsors: Mayor; Dufty, Daly, Mirkarimi and Chu 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 of 85 percent of the total amount of fees due, or 80 percent of the total amount of fees due if the project is subject to payment of a neighborhood infrastructure impact development fee, to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed, 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 July 1, 2010; and adopting findings, including environmental findings. (Economic Impact.) Supervisors Daly and Mirkarimi requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 404 Printed at 9:48 am on 6/16/10 ### [Page 7](https://sfbos.info/documents/1998/2010-05-11-minutes#page-7) Board of Supervisors Meeting Minutes - Final 5/11/2010 091275 [Development Impact and In-Lieu Fees] Sponsors: Mayor; Dufty and Chu 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 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 (Fee Deferral Program), which option shall expire after three years unless further extended; to require the Planning Commission to hold a hearing prior to expiration of the Fee Deferral Program to review its effectiveness and make recommendations to the Board of Supervisors; 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 July 1, 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. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly 100048 [Amendment to Solar Energy Incentive Program] Sponsors: Daly; Mirkarimi and Mar Ordinance amending the San Francisco Environment Code Sections 18.2, 18.4, 18.7-2, and 18.7-4, to: (1) require all systems receiving City incentives be installed by an individual, firm or organization qualified as a workforce development installer by the Office of Economic & Workforce Development, unless specified exceptions apply, and (2) eliminate increased incentives for residential properties in the case of systems installed by individuals trained under the City workforce development program. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100492 [Supplemental Agreement to Install an Additional Water Pipeline Over Union Pacific Railroad Company Property in Stanislaus County] Resolution approving and authorizing a Supplemental Agreement with Union Pacific Railroad Company to install an additional water pipeline within an existing easement area over Railroad property near the City of Oakdale in Stanislaus County required for the San Joaquin Pipeline System Project No. CUW37301 for a fee of $2,500; 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 by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 405 Printed at 9:48 am on 6/16/10 ### [Page 8](https://sfbos.info/documents/1998/2010-05-11-minutes#page-8) Board of Supervisors Meeting Minutes - Final 5/11/2010 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Supervisor Mirkarimi, seconded by Supervisor Campos, moved to waive Rule 4.29 of the Rules of Order of the Board of Supervisors to suspend the start time for commendations. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Privilege of the Floor Supervisor Maxwell, seconded by Supervisor Mirkarimi, 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 guest. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Maxwell introduced, welcomed, and presented a Certificate of Honor to Sunny Buxton, drummer with the Final Billy Strayhorn Trio and co-owner of Jazz at Pearl's in San Francisco in recognition of his accomplishments and continued community support. SPECIAL ORDER 4:00 P.M. 100252 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 100 - 32nd Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department dated May 19, 2009, Case No. 2007.0129E, that a project located at 100 - 32nd Avenue is exempt from environmental review under Categorical Exemption, Class 1 (State CEQA Guidelines Section 15301(e)(1)). The proposal would add a three-story side horizontal addition and would enlarge the existing partial fourth floor at the existing four-story, single-family residence located in an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District, in Assessor’s Block No. 1312, Lot No. 008. (District 2) (Appellant: Stephen M. Williams on behalf of Sanford Garfinkel, other neighbors, and the Lincoln Park Neighborhood Association) (Clerk of the Board) (Filed 3/1/10; Companion Measure to File Nos. 100253, 100254, 100255.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to June 8, 2010. There were no speakers. The President continued the public hearing open to June 8, 2010. Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to June 8, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100253 [Affirming the Exemption Determination for 100 – 32nd Avenue] Motion affirming the determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 406 Printed at 9:48 am on 6/16/10 ### [Page 9](https://sfbos.info/documents/1998/2010-05-11-minutes#page-9) Board of Supervisors Meeting Minutes - Final 5/11/2010 100254 [Reversing the Exemption Determination Issued for 100 – 32nd Avenue] Motion reversing the determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100255 [Preparation of Findings Related to the Exemption Determination for the 100 – 32nd Avenue] Motion directing the Clerk of the Board to prepare findings related to the appeal of the exemption determination by the Planning Department that the project located at 100 - 32nd Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Mar, moved that this Motion be CONTINUED to June 8, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 4:00 P.M. 100415 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 424 Francisco Street] Hearing of persons interested in or objecting to the decision of the Planning Department dated March 10, 2010, that a project located at 424 Francisco Street (Building Permit Application No. 2004.01.22.4627, Case No. 2009.0914D) is exempt from environmental review under Categorical Exemption, Class 1. The proposal would install a garage opening within the subject building to accommodate six (6) off-street parking spaces. The subject property is within the North Beach Neighborhood Commercial District with a 40-X Height and Bulk District, Lot No. 010 in Assessor's Block No. 0041. (District 3) (Appellants Malcolm Yeung on behalf of Chinatown Community Development Center and Vedica Puri on behalf of Telegraph Hill Dwellers.) (Clerk of the Board) (Filed March 30, 2010; Companion Measure to File Nos. 100416, 100417, 100418.) The President inquired as to whether any member of the public wished to address the Board. Omar Calimbas (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Malcolm Yeung; Zack Stewart; Zack Collins; Wen Ku Le; and Howard Wong; spoke in support of the appeal. Tara Sullivan, Nannie Turrell, and Tim Frye (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Marlena Byrne (City Attorney's Office) responded to questions raised throughout the discussion. Vincent Marsh and Wilson Yu (Project Sponsors) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. York Whittenburg spoke in support of the project and in opposition to the appeal. Omar Calimbas (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. Supervisor Maxwell was noted absent at 4:55 p.m. HEARD AT PUBLIC HEARING City and County of San Francisco Page 407 Printed at 9:48 am on 6/16/10 ### [Page 10](https://sfbos.info/documents/1998/2010-05-11-minutes#page-10) Board of Supervisors Meeting Minutes - Final 5/11/2010 100416 [Affirming Planning Department Determination of Exemption for 424 Francisco Street] Motion affirming the determination by the Planning Department that the project located at 424 Francisco Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Absent: 1 - Maxwell 100417 [Reversing the Planning Department Determination of Exemption Issued for 424 Francisco Street] Motion reversing the determination by the Planning Department that the 424 Francisco Street project is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Absent: 1 - Maxwell 100418 [Preparation of Findings to Reverse the Planning Department Determination of Exemption for the 424 Francisco Street Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 424 Francisco Street is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Absent: 1 - Maxwell City and County of San Francisco Page 408 Printed at 9:48 am on 6/16/10 ### [Page 11](https://sfbos.info/documents/1998/2010-05-11-minutes#page-11) Board of Supervisors Meeting Minutes - Final 5/11/2010 COMMITTEE REPORTS Recommendation of the Rules Committee 100522 [Appointment, Board of Appeals - Christine Hwang] Motion appointing Christine Hwang, term ending July 1, 2014, to the Board of Appeals. (Clerk of the Board) Christine Hwang, seat 2, succeeding Rafael Mandelman, must be a nominee of the President of the Board of Supervisors approved by the Board of Supervisors, for the term ending on July 1, 2014. APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendation of the Land Use and Economic Development Committee 100330 [Veterans Commons Special Use District - 150 Otis Street] Sponsors: Chiu; Mirkarimi Ordinance adding Planning Code Section 249.46 to establish the Veterans Commons Special Use District for property located at 150 Otis Street, Block No. 3513, Lot No. 07; amending the City's Zoning Map, Sheet Nos. HT07 and SU07 to change the height district from 85 to 125 feet and reflect the boundaries of the Veterans Commons Special Use District; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 409 Printed at 9:48 am on 6/16/10 ### [Page 12](https://sfbos.info/documents/1998/2010-05-11-minutes#page-12) Board of Supervisors Meeting Minutes - Final 5/11/2010 PUBLIC COMMENT Abdullah Megaheed; expressed various concerns in Arabic and English. James Chaffee; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. John DiDonna; expressed support for Hank Williams Sr. prize. Nancy de Y. Elkus; expressed concerns relating to funding for Meridian Youth Program. Thao To; expressed concerns relating to funding for Meridian Youth Program. Peter Selz; expressed concerns relating to funding for Meridian Youth Program. Carolyn De La Cruz; expressed concerns relating to funding for Meridian Youth Program. Joshua Hughes; expressed concerns relating to funding for Meridian Youth Program. Ann Brodzky; expressed concerns relating to funding for Meridian Youth Program. Richard McRee; expressed concerns relating to technology, inventions and patents. Emil Lawrence; expressed concerns relating to access to public records. Nancy Cross; expressed concerns relating to housing for the homeless. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 100531 [Accept and Expend Grant - San Francisco Arts Commission’s WritersCorps Artist in Schools Program - $9,600] Sponsor: Mayor Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant totaling $9,600 from the California Arts Council’s Artists in Schools Program to help support the cost of a contracted teaching artist working at Mission High School. ADOPTED 100533 [Accept and Expend Grant - San Francisco Arts Commission’s Arts Education Program - $15,000] Sponsor: Mayor Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $15,000 from the California Arts Council State Local Partnership Program to help support the Arts Commission’s Arts Education Program. ADOPTED 100539 [Request for Redevelopment Agency Audit] Sponsors: Mirkarimi; Campos Resolution requesting the Redevelopment Agency of the City and County of San Francisco to consent to an audit of selected activities related to the implementation of the expired Western Addition A-2 Redevelopment Plan. Supervisor Campos requested to be added as a co-sponsor. ADOPTED City and County of San Francisco Page 410 Printed at 9:48 am on 6/16/10 ### [Page 13](https://sfbos.info/documents/1998/2010-05-11-minutes#page-13) Board of Supervisors Meeting Minutes - Final 5/11/2010 100540 [Opposing the Dirty Energy Proposition, also known as Attorney General Initiative #09-0104] Sponsors: Mirkarimi; Alioto-Pier, Maxwell, Campos and Mar Resolution opposing the Dirty Energy Proposition, also known as Attorney General Initiative # 09-0104 designed to suspend the implementation of The California Global Warming Solutions Act of 2006. Supervisor Mar requested to be added as a co-sponsor. ADOPTED 100541 [Grant Application - Strategic Growth Council Urban Greening Program] Sponsor: Mar Resolution authorizing the San Francisco Planning Department to apply for a planning grant from the State of California Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to complete an Urban Forest Master Plan. ADOPTED 100542 [Acceptance of Gift - Airport Congressman Tom Lantos Commemorative Plaque - $15,000] Sponsors: Elsbernd; Dufty and Alioto-Pier Resolution approving the Airport’s acceptance of a gift of a commemorative plaque, valued at $15,000, honoring the late Congressman Tom Lantos from the Lantos Foundation to be placed in the Terminal 3 Hub at the Airport. ADOPTED 100543 [Requesting the Controller’s Office to Conduct a Review and Analysis of the Funding Recommendations of the Department of Children, Youth and Their Families for FY2010-2011 through FY2012-2013] Sponsors: Dufty; Campos, Maxwell, Chiu and Mar Resolution requesting that the Controller’s Office conduct a review and analysis of the funding recommendations of the Department of Children, Youth and Their Families for FY2010-2011 through FY2012-2013. Supervisor Mar requested to be added as a co-sponsor. ADOPTED 100545 [Proclaiming Public Works Week in San Francisco - May 16-22, 2010] Sponsors: Chiu; Campos Resolution proclaiming May 16-22, 2010, as Public Works Week in San Francisco. Supervisor Campos requested to be added as a co-sponsor. ADOPTED City and County of San Francisco Page 411 Printed at 9:48 am on 6/16/10 ### [Page 14](https://sfbos.info/documents/1998/2010-05-11-minutes#page-14) Board of Supervisors Meeting Minutes - Final 5/11/2010 100546 [Accept and Expend Grant - Back on Track Re-entry Program - $52,355.57] Sponsor: Chiu Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively accept and expend a grant in the amount of $52,355.57 through the San Francisco Foundation, for a program entitled “Back on Track Re-entry Program” for FY2009-2010 and FY2010-2011. ADOPTED 100547 [Accept and Expend Grant - Criminal Restitution Compact - $88,538] Sponsor: Chiu Resolution authorizing the Department of the District Attorney of the City and County of San Francisco to retroactively contract for, accept and expend up to $88,538 allocated from the California Victim Compensation and Government Claims Board for a project entitled "Criminal Restitution Compact" for the period of July 1, 2009, through June 30, 2011. ADOPTED 100548 [Supporting Assembly Bill 1871 Regarding Amending State Car Insurance Laws to Allow Personal Vehicles to be Used in Car-Sharing Programs] Sponsors: Alioto-Pier; Chiu and Campos Resolution supporting Assembly Bill 1871 to amend state car insurance laws to allow personal vehicles to be used in car-sharing programs. Supervisor Campos requested to be added as a co-sponsor. ADOPTED 100558 [Urging the United States Department of Agriculture to Declare the Light Brown Apple Moth a Non-Actionable Pest] Sponsors: Alioto-Pier; Mirkarimi Resolution urging the United States Department of Agriculture to declare the Light Brown Apple Moth a non-actionable pest in order to end the Light Brown Apple Moth eradication project that could expose San Franciscans to unacceptable and unnecessary levels of pesticide exposure. Supervisor Mirkarimi requested to be added as a co-sponsor. ADOPTED 100550 [Committee of the Whole - Issuance of Revenue Bonds by the California Municipal Finance Authority - May 18, 2010] Sponsor: Daly Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 18, 2010, at 3:00 p.m., to hold a public hearing on the issuance of revenue bonds by the California Municipal Finance Authority for the purpose of financing or refinancing the acquisition of the State office buildings known as the Public Utilities Commission Building and/or the San Francisco Civic Center. APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 412 Printed at 9:48 am on 6/16/10 ### [Page 15](https://sfbos.info/documents/1998/2010-05-11-minutes#page-15) Board of Supervisors Meeting Minutes - Final 5/11/2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Elsbernd requested that File Nos. 100256 and 100544 be severed so that they may be considered separately. 100256 [Calling for a Boycott of the State of Arizona and Arizona-Based Businesses Until Arizona Repeals Senate Bill 1070] Sponsors: Campos; Chiu, Avalos, Dufty, Daly, Mirkarimi and Mar Resolution denouncing Arizona State Senate Bill 1070, a law that seeks to implement Arizona’s own scheme of immigration regulation and will inevitably lead to racial profiling of people of color and limited English proficient persons, calling for a boycott of the State of Arizona and Arizona-based businesses, and endorsing the City Attorney's offer to cooperate in a lawsuit challenging Arizona State Senate Bill 1070. Supervisor Elsbernd moved to divide the question relating to "RESOLVED clauses" located on Page 2, Line 16, through Page 3, Line 5. The question relating to the RESOLVED clauses was PASSED as divided by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 1 - Elsbernd ADOPTED AS DIVIDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100544 [Urging our Federal Representatives to Denounce the Burmese Military Regime’s Illegitimate 2010 Election and Recognizing May 27, 2010, as Burma Democracy Day] Sponsor: Daly Resolution denouncing the Burmese military regime’s illegitimate 2010 election and recognizing May, 27, 2010, as Burma Democracy Day in honor of the 20th Anniversary of the 1990 Elections. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Resolution be AMENDED on Page 1, Line 1, by adding 'Urging our Federal Representatives to' before 'Denouncing' and changing 'Denouncing' to 'Denounce;' on Page 1, Line 3, by adding 'urging our Federal representatives to' after 'Resolution' and changing 'denouncing' to 'denounce;' and on Page 3, Line 23, by adding 'to urge our Federal representatives to' after 'Supervisors.' The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Resolution urging our Federal representatives to denounce the Burmese military regime’s illegitimate 2010 election and recognizing May 27, 2010, as Burma Democracy Day in honor of the 20th Anniversary of the 1990 Elections. ADOPTED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Chu requested that File No. 100538 be severed so that it may be considered separately. City and County of San Francisco Page 413 Printed at 9:48 am on 6/16/10 ### [Page 16](https://sfbos.info/documents/1998/2010-05-11-minutes#page-16) Board of Supervisors Meeting Minutes - Final 5/11/2010 100538 [Supporting Outreach and Education Regarding Smart Meters to Prevent Power Service Disconnections] Sponsor: Mar Resolution supporting outreach and education regarding Smart Meters to prevent power service disconnections. Supervisor Chu, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to May 18, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 100574 [General Plan Amendments – Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project] Sponsor: Mayor Ordinance amending the San Francisco General Plan by amending the Bayview Hunters Point Area Plan, the Transportation Element, the Recreation and Open Space Element, the Commerce and Industry Element, maps and figures in various Elements, and the Land Use Index, and by adopting and adding the Candlestick Point Subarea Plan and the Hunters Point Area Plan, in order to facilitate the development of the Hunters Point Shipyard and Candlestick Point, as envisioned in the Hunters Point Shipyard Redevelopment Plan, the Bayview Hunters Point Redevelopment Plan, and the Conceptual Framework for integrated development of the Hunters Point Shipyard and Candlestick Point endorsed by the Board of Supervisors and the Mayor in May 2007 and approved by the voters in 2008 through passage of Proposition G, the Jobs, Parks and Housing Initiative; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. Notice mailed, posted and published on June 4, 2010. 100575 [Hunters Point Shipyard - Health Code Amendment] Sponsor: Mayor Ordinance amending Article 31 of the Health Code to extend, to the entire Hunters Point Shipyard area, the special permit processing requirements that now apply to Hunters Point Shipyard Parcel A to address potential residual contamination, and imposing fees to administer this Article; amending Sections 804 and 1227 of the Health Code to make conforming amendments; and making environmental findings. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. Fee Ad published on 6/4/10 and 6/14/10. City and County of San Francisco Page 414 Printed at 9:48 am on 6/16/10 ### [Page 17](https://sfbos.info/documents/1998/2010-05-11-minutes#page-17) Board of Supervisors Meeting Minutes - Final 5/11/2010 100576 [Hunters Point Shipyard - Public Works Code Amendment] Sponsor: Mayor Ordinance amending the Public Works Code to amend Section 2.3.1 to extend, to the entire Hunters Point Shipyard area, the special permit processing requirements that now apply at Hunters Point Shipyard Parcel A to address potential residual contamination and making environmental findings. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. 100577 [Hunters Point Shipyard - Building Code Amendment] Sponsor: Mayor Ordinance amending the Building Code to amend Section 106A.3.2.5 to extend, to the entire Hunters Point Shipyard area, the special permit processing requirements that now apply at Hunters Point Shipyard Parcel A to address potential residual contamination and making environmental findings. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. 100578 [Zoning Map Amendments - Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project] Sponsor: Mayor Ordinance amending the San Francisco Planning Code by amending Sectional Maps SU09 and SU010 of the Zoning Map of the City and County of San Francisco to establish the Candlestick Point Activity Node Special Use District and the Hunters Point Shipyard Phase 2 Special Use District; amending Sectional Maps HT09 and HT010 to establish the CP Height and Bulk District and the HP Height and Bulk District; 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; providing for an operative date. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. Notice mailed, posted and published on June 4, 2010. 100579 [Zoning – Establishment of the Candlestick Point Activity Node Special Use District, the Hunters Point Shipyard Phase 2 Special Use District, and Special Height and Bulk Provisions for the Special Use Districts] Sponsor: Mayor Ordinance amending the San Francisco Planning Code by adding Section 249.50 to establish the Candlestick Point Activity Node Special Use District; adding Section 249.51 to establish the Hunters Point Shipyard Phase 2 Special Use District; adding Section 263.24 to establish Special Height Provisions for the Candlestick Point Activity Node Special Use District and the CP Height and Bulk District; adding Section 263.25 to establish Special Height Provisions for the Hunters Point Shipyard Phase 2 Special Use District and the HP Height and Bulk District; and amending Table 270, to provide that the Table is not applicable to the Candlestick Point Activity Node Special Use District and the Hunters Point Shipyard Phase 2 Special Use District; 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; providing for an operative date. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/10/2010. Notice mailed, posted and published on June 4, 2010. City and County of San Francisco Page 415 Printed at 9:48 am on 6/16/10 ### [Page 18](https://sfbos.info/documents/1998/2010-05-11-minutes#page-18) Board of Supervisors Meeting Minutes - Final 5/11/2010 100580 [General Obligation Bond - Earthquake Safety Retrofit Loan Program General Obligation Bond - November 2, 2010, Election] Sponsor: Mayor Ordinance calling and providing for a consolidated general election to be held in the City and County of San Francisco on Tuesday, November 2, 2010, for the purpose of submitting to the voters of the City and County of San Francisco a proposition to authorize general obligation bonded indebtedness of the City and County in the Amount of Thirty Nine Million One Hundred and Forty Thousand Dollars ($39,140,000) to provide loans to pay the costs of seismic retrofits to multi-story wood structures that are at significant risk of substantial damage and collapse during an earthquake, finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; finding that the proposed bond is not a project under the California Environmental Quality Act; finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; consolidating the special election with the general election on the same date; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; incorporating the provisions of Article V of Chapter V of the San Francisco Administrative Code; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. 05/11/10; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 100582 [Appropriating $811,734 of Fund Balance for the Code Enforcement Rehabilitation Fund in Department of Building Inspection and Mayor’s Office of Housing in FY2009-2010] Sponsor: Mayor Ordinance appropriating $738,240 of Code Enforcement Rehabilitation Fund unappropriated fund balance and deappropriating $73,494 of prior year appropriations to support code enforcement activities in the Department of Building Inspection and the Mayor’s Office of Housing in FY2009-2010. 05/11/10; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 100583 [Memorandum of Understanding - International Union of Operating Engineers Stationary Engineers, Local 39] Sponsor: Mayor Ordinance adopting and implementing the arbitration award establishing the Memorandum of Understanding between the City and County of San Francisco and the International Union of Operating Engineers Stationary Engineers, Local 39, to be effective July 1, 2010, through June 30, 2012. 05/11/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 100584 [Appointment as Road Commissioner - Edward D. Reiskin] Sponsor: Mayor Ordinance appointing Edward D. Reiskin, Director of the Department of Public Works, as Road Commissioner for the City and County of San Francisco, and repealing Ordinance 63-07. 05/11/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 416 Printed at 9:48 am on 6/16/10 ### [Page 19](https://sfbos.info/documents/1998/2010-05-11-minutes#page-19) Board of Supervisors Meeting Minutes - Final 5/11/2010 100600 [Prohibiting Lying on Public Sidewalks] Sponsor: Daly Draft ordinance amending the San Francisco Police Code by adding Section 168 to prohibit lying on public sidewalks. 05/11/10; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee. 100104 [Retailers Duty to Disclose Specific Absorption Rate Values for Cell Phones] Sponsor: Mayor Ordinance amending the San Francisco Environment Code by adding Chapter 11, Sections 1100 through 1105, to require retailers to disclose Specific Absorption Rate values for cell phones, and making environmental findings. 01/26/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 2/25/2010. 02/04/10; REFERRED TO DEPARTMENT. 03/09/10; RESPONSE RECEIVED. 04/15/10; RESPONSE RECEIVED. 05/11/10; SUBSTITUTED. 05/11/10; ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 417 Printed at 9:48 am on 6/16/10 ### [Page 20](https://sfbos.info/documents/1998/2010-05-11-minutes#page-20) Board of Supervisors Meeting Minutes - Final 5/11/2010 Resolutions 100572 [CEQA Findings, Candlestick Point - Hunters Point Shipyard Phase II Project] Sponsor: Mayor Resolution adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines and San Francisco Administrative Code Chapter 31, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations in connection with the development of the Hunters Point Shipyard and Candlestick Point, as envisioned in the Hunters Point Shipyard Redevelopment Plan, the Bayview Hunters Point Redevelopment Plan, and the Conceptual Framework for integrated development of the Hunters Point Shipyard and Candlestick Point endorsed by the Board of Supervisors and the Mayor in May 2007 and approved by the voters in 2008 through passage of Proposition G, the Jobs, Parks and Housing Initiative. 05/11/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100573 [Urging the Planning Commission to Recommend Amendments to the General Plan Concerning Amendments to the Bayview Hunters Point Redevelopment Plan and the Hunters Point Shipyard Redevelopment Plan] Sponsor: Mayor Resolution urging the Planning Commission to recommend amendments to the General Plan to make the General Plan consistent with amendments to the Bayview Hunters Point Redevelopment Plan and the Hunters Point Shipyard Redevelopment Plan. 05/11/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100581 [General Obligation Bonds - Earthquake Safety Retrofit Deferred Loan and Grant Program General Obligation Bonds 2010 - Estimated Cost $39,140,000] Sponsor: Mayor Resolution determining and declaring that the public interest and necessity demand the construction, improvement and seismic retrofitting of multi-story wood framed affordable housing soft-story buildings for earthquake safety funded by the City or other qualified governmental housing finance agency, or owned by private third-parties and the payment of related costs necessary or convenient for the foregoing purposes; finding that the estimated cost of $39,140,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA) and adopting findings under CEQA, CEQA Guidelines, and San Francisco Administrative Code Chapter 31 for the remaining portion of the proposed bond; finding the proposed bond is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Charter Section 4.105 and Administrative Code Section 2A.53; and waiving the time limits set forth in Administrative Code Section 2.34. 05/11/10; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 100585 [Confirming the Reappointment of Rodney Fong to the San Francisco Port Commission] Sponsor: Mayor Resolution confirming the reappointment of Rodney Fong to the San Francisco Port Commission, term ending May 1, 2014. 05/11/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 418 Printed at 9:48 am on 6/16/10 ### [Page 21](https://sfbos.info/documents/1998/2010-05-11-minutes#page-21) Board of Supervisors Meeting Minutes - Final 5/11/2010 100586 [Confirming the Reappointment of Ellen Schumer and Mae Woo to the City Hall Preservation Advisory Commission] Sponsor: Mayor Resolution confirming the reappointments of James W. Haas, term ending January 13, 2012, and Ellen Schumer and Mae Woo, terms ending January 13, 2014, to the City Hall Preservation Advisory Commission. 05/11/10; RECEIVED AND ASSIGNED to Rules Committee. 100589 [Grant Application - Mission Creek Park Corridor] Sponsors: Mayor; Maxwell Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Mission Creek Park Corridor. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100590 [Grant Application - Hillpoint Park Open Space Project] Sponsors: Mayor; Maxwell Resolution approving the application for Grant Funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for Construction of the Hillpoint Park Open Space Project. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100591 [Grant Application - Boedekker Park] Sponsors: Mayor; Daly Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for Boedekker Park. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100592 [Grant Application - Cayuga Playground] Sponsors: Mayor; Avalos Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Cayuga Playground. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100593 [Opposing the Proposed Resumption of Commercial Whaling and Ten-Year Quotas for Gray Whales as Proposed by the International Whaling Commission] Sponsors: Mirkarimi; Dufty and Maxwell Resolution urging President Barack Obama to direct the United States delegation to the annual meeting of the International Whaling Commission on June 21-25, 2010, in Agadir, Morocco, to oppose any agreements that allow commercial whaling or set quotas for commercial whaling. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 419 Printed at 9:48 am on 6/16/10 ### [Page 22](https://sfbos.info/documents/1998/2010-05-11-minutes#page-22) Board of Supervisors Meeting Minutes - Final 5/11/2010 100594 [Proclaiming Martha Ryan Day - May 22, 2010] Sponsor: Alioto-Pier Resolution honoring Martha Ryan, Executive Director of the Homeless Prenatal Program, on the 20th anniversary of the Homeless Prenatal Program and proclaiming May 22, 2010, as Martha Ryan Day in the City and County of San Francisco. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100596 [Proclaiming Harvey Milk Day - May 22, 2010] Sponsors: Dufty; Campos, Mirkarimi and Chiu Resolution proclaiming May 22, 2010, as Harvey Milk Day in the City and County of San Francisco. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100597 [Proclaiming World Hepatitis Awareness Day - May 19, 2010] Sponsors: Dufty; Chiu Resolution proclaiming May 19, 2010, as World Hepatitis Awareness Day in the City and County of San Francisco. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100599 [Accept and Expend Grant - To Hire up to Four Part-Time Upper Division Undergraduate or Graduate School Planning Interns - $44,000] Sponsor: Elsbernd Resolution authorizing the Airport Commission to accept and expend a grant in the amount of $44,000 from the Federal Transit Administration through CalTrans and the Metropolitan Transportation Commission for hiring up to four part-time upper division undergraduate or graduate school planning interns for the FY2009-2011. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 100601 [Commending Mary Kay Henry] Sponsor: Alioto-Pier Resolution commending Mary Kay Henry on her election as the President of the Service Employees International Union. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motions 100587 [Adopting Findings to Reverse Certification of the 555 Washington Street Project Final Environmental Impact Report] Sponsors: Chiu; Daly, Mirkarimi, Campos, Mar and Avalos Motion adopting findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 555 Washington Street Project. 05/11/10; RECEIVED AND ASSIGNED to Board of Supervisors. City and County of San Francisco Page 420 Printed at 9:48 am on 6/16/10 ### [Page 23](https://sfbos.info/documents/1998/2010-05-11-minutes#page-23) Board of Supervisors Meeting Minutes - Final 5/11/2010 100588 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1111 California Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion No. 18042, approving Conditional Use Application 2008.1072C on property located at 1111 California Street. (Clerk of the Board) 05/11/10; RECEIVED AND ASSIGNED to Board of Supervisors. 100595 [Waiver Permitting City Employees to Assist the Department of Elections with the June 8, 2010, Consolidated Primary Election] Sponsor: Chiu Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to permit City employees to assist the Department of Elections with the June 8, 2010, Consolidated Primary Election. 05/11/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 100570 [Implementation Status of Language Access Ordinance] Sponsors: Chu; Chiu, Mar and Avalos Hearing in conjunction with release of Annual Compliance Report on the Language Access Ordinance to receive status update on implementation and compliance with the ordinance. 05/11/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 100571 [Safe Routes to Schools and MUNI Safety] Sponsor: Dufty Hearing to consider how we are providing safe routes to schools and ensuring safe conditions for our children and youth on MUNI. 05/11/10; RECEIVED AND ASSIGNED to City and School District Select Committee. City and County of San Francisco Page 421 Printed at 9:48 am on 6/16/10 ### [Page 24](https://sfbos.info/documents/1998/2010-05-11-minutes#page-24) Board of Supervisors Meeting Minutes - Final 5/11/2010 Introduced by President at Request of Department PROPOSED RESOLUTIONS 100364 [Major Encroachment for San Francisco State University to Place Utilities Under Font Boulevard] Sponsor: Elsbernd Resolution granting a revocable major encroachment permit to San Francisco State University to occupy a portion of the public right-of-way to install and maintain private underground utilities crossing Font Boulevard to serve properties within Assessor Block No. 7304; making findings, including environmental findings and findings of consistency with the General Plan and the Eight Priority Policies of Planning Code Section 101.1. (Public Works Department) 04/28/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 100365 [Amendment to Agreement - Avaya, Inc., to Extend the Term and Increase the Amount of the Contract - $13,367,321] Resolution retroactively authorizing the Department of Technology to enter into the Fourth Amendment of an agreement with Avaya, Inc., and increasing the maximum expenditure under the contract to $13,367,321. (Department of Technology) 05/03/10; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 422 Printed at 9:48 am on 6/16/10 ### [Page 25](https://sfbos.info/documents/1998/2010-05-11-minutes#page-25) Board of Supervisors Meeting Minutes - Final 5/11/2010 Requests Granted 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 and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving at 7th and 9th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight and Southeast corner of Haight and Fillmore 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: 55 Laguna 506 Haight 598 Baker 585 Hayes 357 Grove 577 Fell 545 Lyon 465 Scott 250 Scott 591 Waller 546 Haight 598 Haight, on the side of building 400 Duboce, on the Duboce & Fillmore side 350 Laguna City and County of San Francisco Page 423 Printed at 9:48 am on 6/16/10 ### [Page 26](https://sfbos.info/documents/1998/2010-05-11-minutes#page-26) Board of Supervisors Meeting Minutes - Final 5/11/2010 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 utility poles at the following locations: Wood Pole Southeast corner Haight & Fillmore Metal Poles Southeast corner Hayes & Buchanan In front of 357 Grove Northwest corner Laguna & Haight In front of 150 Hayes Near 252 Fillmore Near 174 Haight Northeast corner Fell & Scott Northwest corner Haight & Fillmore 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 Southwest corner Steiner & Waller Northwest corner Fulton & Broderick Bus Shelters Southeast corner Divisadero & Hayes Southeast corner Hayes & Buchanan Southeast corner Buchanan & Haight Northwest corner Scott & Hayes Fillmore and Haight (all 4 bus stops, graffiti and grime) Emergency Boxes Southeast corner Oak & Scott 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 Southwest corner Golden Gate & Buchanan Northwest corner Haight & Fillmore Southwest corner Waller & Fillmore Mailboxes Southwest corner Broderick & Hayes Northwest corner Laguna & Hayes Northwest corner Haight & Fillmore City and County of San Francisco Page 424 Printed at 9:48 am on 6/16/10 ### [Page 27](https://sfbos.info/documents/1998/2010-05-11-minutes#page-27) Board of Supervisors Meeting Minutes - Final 5/11/2010 In Memoriams Michael Anthony Sullivan – Supervisor Carmen Chu Luisa Ezquerro – Supervisors Bevan Dufty and David Campos Jane Warner – Entire Board Janice Rose Trapp Tate – Supervisor Sophie Maxwell ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:47 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 June 15, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 425 Printed at 9:48 am on 6/16/10