Board of Supervisors Minutes: July 27, 2010

100857 [Settlement of Attorney's Fees/Costs for Claim in Lawsuit - A.N.S.W.E.R. Coalition - $90,000] Ordinance authorizing settlement of the claim for attorney's fees and costs incurred by A.N.S.W.E.R. Coalition - San Francisco in litigation against the City and County of San Francisco for $90,000; the lawsuit was filed on June 16, 2006, in San Francisco Superior Court, Case No. CPF-06-506438; entitled A.N.S.W.E.R. Coalition - San Francisco v. City and County of San Francisco. (City Attorney) Ordinance No. 215-10 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

Noes: None

100701 [Proposed Consolidated Budget and Annual Appropriation Ordinance, FYs Ending June 30, 2011, and June 30, 2012] Sponsor: Mayor Proposed Consolidated Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the City and County of San Francisco for the FYs ending June 30, 2011, and June 30, 2012. Ordinance No. 190-10 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100747 [Proposed Annual Salary Ordinance, FY Ending June 30, 2011, for all Departments, and for FY Ending June 30, 2012, for the San Francisco International Airport, Municipal Transportation Agency, Port Commission, and Public Utilities Commission] Sponsor: Mayor Proposed Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FY ending June 30, 2011, for all departments and for FY ending June 30, 2012, for the San Francisco International Airport, Municipal Transportation Agency, Port Commission, and Public Utilities Commission continuing, creating or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefor. Ordinance No. 191-10 FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100750 [Increase the Real Property Transfer Tax] Sponsor: Avalos Motion ordering submitted to the voters an ordinance authorizing an amendment to the Real Property Transfer Tax at an election to be held on November 2, 2010. (Economic Impact.) Motion No. M10-118 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Elsbernd

100756 [Establishing a Progressive Payroll Expense Tax Rate Structure and Reducing Selected Payroll Expense Tax Rates; Imposing a Gross Receipts Tax on the Rental of Commercial Real Property] Sponsor: Chiu Motion ordering submitted to the voters an ordinance revising the payroll expense tax to establish a progressive tax rate structure and reducing selected payroll expense tax rates and imposing a gross receipts tax on the rental of commercial real property, at an election to be held on November 2, 2010. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100759 [Parking Tax Increase and Tax on Valet Services] Sponsor: Mirkarimi Motion ordering submitted to the voters an ordinance authorizing the "Ordinance amending San Francisco Business and Tax Regulations Code, Article 9, Sections 602 and 602.5 (Tax on Occupancy of Parking Space in Parking Station) to increase the tax rate from 15% to 25%, making the total tax rate, including the existing surcharge, 35%; amending Section 601 to clarify the definition of "Operator" and "Occupant" and to add a new definition of "Valet Parking Service Provider;" and adding Section 602B to impose an additional tax of 35% on gross receipts from valet parking services" at an election to be held on November 2, 2010. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

From the Board Supervisor Daly, seconded by Supervisor Mar, moved to suspend Board Rule 1.5 to allow for additional public comment on File Nos. 100658 and 100659. The motion FAILED by the following vote:

Ayes: Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell

100989 [Bayview Hunters Point Redevelopment Plan] Motion adopting findings in response to written objections to the adoption of an amendment to the Bayview Hunters Point Redevelopment Plan delivered to the Clerk of the Board of Supervisors before or at the public hearing on adoption of the Redevelopment Plan, pursuant to the requirements of the California Community Redevelopment Law. (Clerk of the Board) Motion No. M10-120 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100658 [Bayview Hunters Point Redevelopment Project Area] Sponsors: Mayor; Maxwell Ordinance approving and adopting an amendment to the Redevelopment Plan for the Bayview Hunters Point Redevelopment Project Area; approving and authorizing an Interagency Cooperation Agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco, in furtherance of the adoption and implementation of the Redevelopment Plan Amendment; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan Amendment is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33445.1. Supervisor Daly, seconded by Supervisor Avalos, moved to AMEND sections to the accompanying Interagency Cooperation Agreement (ICA) relating to affordable housing. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

Supervisor Mirkarimi, seconded by Supervisor Daly, moved to AMEND sections to the accompanying ICA relating to the removal of the Yosemite Slough Bridge. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

Supervisor Mirkarimi, seconded by Supervisor Mar, moved to AMEND Section 3.4(e)(ii) on the accompanying ICA that would provide for Board review of the conceptual design of the non-stadium bridge (41 feet).' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

Supervisor Mirkarimi, seconded by Supervisor Mar, moved to AMEND Section 3.4(e)(ii) on the accompanying ICA by adding 'The non-stadium (i.e., 41 foot-wide) bridge may be used for bicycles, pedestrian, buses and emergency vehicles only, and shall not be used for private automobiles. A wider bridge, which may be constructed if a stadium is constructed at the Shipyard, shall not be used by private automobiles except on game days or other stadium events and shall not be used by private automobiles more than twenty (20) days per calendar year without the prior approval of the Board of Supervisors.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Mar, moved to AMEND Section 11.2(c) on the accompanying ICA by adding '(c) Notwithstanding anything in this ICA or in the Plan Documents to the contrary, any material amendment to the Below-Market Rate Housing Plan, the Infrastructure Plan, the Open Space Plan, the Transportation Plan, or the Design for Development for the Project shall be subject to the prior review and approval of the City's Board of Supervisors, which the Board of Supervisors may give or withhold in its sole discretion. The proposed amendment shall be deemed approved by the Board of Supervisors unless the Board takes action by resolution to reject the proposed amendment within sixty (60) days following the date that the proposed amendment is submitted to the Clerk of the Board of Supervisors. The Agency agrees that it will not make any such material amendment without the Board of Supervisors prior approval as set forth above, and by consenting to this ICA, Developer agrees and consents to this requirement.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Mar, moved to AMEND Section 3.6 on the accompanying ICA by adding 'If the SFPUC does not provide electricity and/or natural gas to the Project Site as set forth above, and the City offers Community Choice Aggregation service in the City and County of San Francisco Page 689 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 City, then the City's Community Choice Aggregation service will extend to and include the Project Site. In addition, the Parties agree future owners and users of property within the Project Site have the ability to participate in any such Community Choice Aggregation service available to City residents.' The motion PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier

Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to AMEND by adding Section 3.8 on the accompanying ICA to read 'Workforce Development. During the development of the Project, the Agency, the City's Office of Economic and Workforce Development, and Developer, shall prepare an annual report to the Board of Supervisors regarding the status of all workforce development related to the Project and the jobs created and offered to City residents in accordance with the Bayview Hunters Point Employment and Contracting Policy. Upon the request of one or more members of the Board of Supervisors, staff from the Agency, the City's Office of Economic and Workforce Development and Developer shall attend meetings to review the status workforce development for the Project and develop strategies to ensure that the benefits of the Bayview Hunters Point Employment and Contracting Policy are maximized to the greatest extent possible.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

panying ICA to read 'BVHP ECP. Notwithstanding anything in this ICA or in the Plan Documents to the contrary, if the City changes its local hiring or first source hiring policies City-wide to require local hire mandates instead of "good faith efforts" to meet hiring goals, then the parties agree that (i) the Agency shall have the right to make conforming changes to the BVHP ECP without the approval of Developer or any Vertical Developer, (ii) such changes do not and shall not be deemed to conflict with the development permitted by the Redevelopment Plans, the Plan Documents or the DDA and (iii) such changes shall not be subject to the restrictions set forth in the Redevelopment Plans regarding New City Regulations or New Construction Requirements. Nothing in this Section 4.2 would require the Agency or the Developer to make or impose changes to the BVHP ECP that would violate the terms of a then-existing project labor agreement. The Agency and Developer agree to make changes to the DDA to make it consistent with this Section 4.2. By consenting to this ICA, Developer agrees and consents to the provisions and requirements of this Section 4.2.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

worked at the Project Site, not less than the Minimum Compensation set forth in section 3 of the MCP. Only workers who work at least ten (10) hours per week at the Project Site, and who are not excluded from coverage pursuant to section 2.7(b) of the MCP, are covered by this Section 14.2.4. This Section 14.2.4 shall apply to employment by the Developer, Vertical Developers, Transferees, contractors, tenants, and any other entities hiring workers for employment at the Project Site. This Section 14.2.4 does not apply to the employment of any worker for the performance of construction services, and does not apply to employers with fewer than twenty (20) employees. Developer and Vertical Developers shall ensure that all employers at the Project Site agree to terms of this Section 14.2.4 and the MCP through contractual commitments enforceable directly against project employers. The requirements of this Section 14.2.4 shall be administered and enforced as described in the MCP, with employers that are covered pursuant to this Section 14.2.4 considered, for purposes of administration and enforcement, as Contractors subject to section 3 of the MCP.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

City and County of San Francisco Page 690 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 Supervisor Campos, seconded by Supervisor Mirkarimi, moved to AMEND Section 16.3.2 on the accompanying DDA required to secure Board approval of the ICA by deleting reference to 'punitive damages.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Chiu, seconded by Supervisor Mar, moved to AMEND by adding Section 3.7 on the accompanying ICA to read '3.7 Parcel E-2. The Agency covenants and agrees that the Agency shall not accept ownership of Parcel E-2 from the Navy unless and until Parcel E-2 has been remediated to the highest practicable level of cleanup.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

t of the programmatic needs of an expanded center in light of other health care services in the area. The obligation to contribute the Healthcare Predevelopment Contribution shall accrue and be made on the date that is ninety (90) days after the first Major Phase Approval. Based on current projections, the capital costs for expanding the Southeast Health Center will be funded through a combination of (i) tax increment generated in Zone 2 of the Bayview Hunters Point Redevelopment Project Area, (ii) the $2,000,000 Wellness Contribution paid by the Developer, and (iii) the City’s ability to finance savings that would accrue to the DPH by moving from leased space into owned space at an expanded Southeast Health Center; should the final budget for a Southeast Health Center expansion be different from current projections, the portion of the Wellness Contribution paid by the Developer for the expansion of the Southeast Health Center may be modified by the mutual consent of the parties; if the Developer contribution for the Southeast Health Center is reduced, any remaining portion of the $2,000,000 shall be used for other health needs in the BVHP.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Daly, seconded by Supervisor Mirkarimi, moved to AMEND by adding Section 3.9 to the ICA to read 'No Fossil Fuel Power Plants. The City and the Agency agree that (i) new fossil fuel power plants would cause unnecessary human health impacts, (ii) alternatives such as passive heating and cooling and solar electricity and solar water heat generation can be achieved at comparable cost, and (iii) it is City and County of San Francisco policy to dismantle rather than build fossil fuel power plants. Accordingly, no fossil fuel power plants shall be included in the Project plans or approvals.' The motion PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

PASSED ON FIRST READING, after accepting the amendments to the accompanying reports by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100988 [Hunters Point Shipyard Redevelopment Plan] Motion adopting findings in response to written objections to adoption of an amendment to the Hunters Point Shipyard Redevelopment Plan delivered to the Clerk of the Board of Supervisors before or at the public hearing on adoption of the Redevelopment Plan, pursuant to the requirements of the California Community Redevelopment Law. (Clerk of the Board) Motion No. M10-121 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100659 [Hunters Point Shipyard Redevelopment Project Area] Sponsors: Mayor; Maxwell Ordinance approving and adopting an amendment to the Redevelopment Plan for the Hunters Point Shipyard Redevelopment Project Area; approving and authorizing an Interagency Cooperation Agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco, in furtherance of the adoption and implementation of the Redevelopment Plan Amendment; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Redevelopment Plan Amendment is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; adopting other findings pursuant to California Community Redevelopment Law, including findings pursuant to Sections 33445 and 33445.1. See File No. 100658. PASSED ON FIRST READING, after accepting the amendments to the accompanying reports by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100772 [Report of Assessment Costs for Sidewalk and Curb Repairs] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Sections 707 and 707.1 of the Public Works Code, the costs thereof having been paid for out of a revolving fund. (Public Works Department) Robert Quan (Department of Public Works) provided an amendment to the Assessment Report. Resolution No. 351-10 ADOPTED, after accepting the amendment to the accompanying report, by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100891 [Report of Assessment Costs for Blighted Property Located at 1232 Noriega Street] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted property located at 1232 Noriega Street ordered to be performed by said Director pursuant to Chapter 80 of the Administrative Code, the costs thereof having been paid for out of a blight abatement fund. Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100606 [California Environmental Quality Act Findings for San Francisco Public Utilities Commission Crystal Springs/San Andreas Transmission Upgrade Project] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Crystal Springs/San Andreas Transmission Upgrade Project, part of the Water System Improvement Program for the improvements to the regional water supply system, otherwise known as Project No. CUW37101, including the Mitigation Habitat Actions at two sites in San Mateo County; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 356-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100814 [Amendment to Treasure Island Development Authority Contract with AMEC Geomatrix, Inc. - Not to Exceed $1,799,000] Sponsor: Mayor Resolution approving an amendment to the contract between the Treasure Island Development Authority and AMEC Geomatrix, Inc. to extend the term through June 30, 2011, and to increase the contract by an amount not to exceed $180,000 for a new total amount not to exceed $1,799,000 for environmental consulting services. Resolution No. 355-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100860 [Amendment to Maintenance and Management Agreement Between the San Francisco Port Commission and the San Francisco Redevelopment Agency for Rincon Park] Resolution authorizing and directing the Port Executive Director to retroactively execute the Third Amendment to the Maintenance and Management Agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco for the maintenance and management of Rincon Park by the Port, extending the term of the Agreement from July 1, 2010, to June 30, 2013. (Port) Resolution No. 354-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100693 [Mission Bay North-Block N1 Public Infrastructure Improvements] Ordinance accepting of the irrevocable offer of additional property along Townsend Street, King Street, and Fourth Street and the irrevocable offer of public infrastructure improvements associated with Mission Bay North Block N1, including acquisition facilities on Third Street, Townsend Street, King Street, and Fourth Street; declaring such areas as shown on official Department of Public Works maps as open public right-of-way; designating such areas and improvements for street and roadway purposes; designating street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,676; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100852 [Mission Bay South - Park P17 Improvements] Ordinance dedicating a portion of State Trust Parcel 5, known as Park P17, lying along Mission Bay Boulevard North, Mission Bay Boulevard South and Terry A. Francois Boulevard for public use and naming the new park “Commons Park;” accepting the irrevocable offer for the acquisition facilities; designating said facilities for open space and park purposes; accepting the Park for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, priority policy findings of City Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 178,716 and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100853 [Mission Bay South - Park P18 Improvements] Ordinance dedicating a portion of State Trust Parcel 5, known as Park P18, lying along Terry A. Francois Boulevard between Mission Bay Boulevard North and China Basin Street for public use and naming the new park “Bayfront Park;” accepting the irrevocable offer for the acquisition facilities; designating said facilities for open space and park purposes; accepting the Park for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, priority policy findings of City Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan; accepting Department of Public Works Order No. 178,715 and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Hunt Street for 935 Folsom Street and a Replacement Fire Station] Sponsor: Mayor Ordinance authorizing the Director of Property to execute a conditional land disposition and acquisition agreement with the San Francisco Museum of Modern Art and its affiliate (collectively, Museum) for the proposed future conveyance by the City and County of San Francisco (City) to Museum of real property located at 676 Howard Street, San Francisco (Fire Station No. 1) and all of that portion of Hunt Street within Block No. 3722, collectively, in exchange for conveyance by Museum to City of a parcel of real property located at 935 Folsom Street, a new fire station to be constructed by or on behalf of Museum on such parcel, and an easement for parking purposes adjacent to such parcel; exempting from the competitive bidding and contract requirements of Chapter 6 of City's Administrative Code all contracts to be entered into by Museum for the design and construction of the new fire station and the improvement of such parcel and parking easement; and making findings, including findings of consistency with the General Plan and Planning Code Section 101.1(b). PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100639 [Permits for Commercial Parking Garages and Lots] Sponsor: Alioto-Pier Ordinance amending sections of the San Francisco Police Code, Business and Tax Regulations Code and Fire Code to: (1) transfer responsibility for parking garage and parking lot permits from the Fire Department to the Police Department; (2) require a commercial parking permit to operate a garage or lot where members of the public can park for a charge; set fees; establish permit issuance, suspension and revocation procedures; establish requirements for permit holders and individuals working at parking garages and lots; and (3) limit the term of a commercial parking permit to one year and require annual application for a commercial parking permit. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100467 [Zoning Map Amendment for One Capitol Avenue] Sponsor: Avalos Ordinance amending Section Maps ZN12 of the Zoning Maps of the City and County of San Francisco for the real property at One Capitol Avenue (Assessor's Block No. 7148/Lot No. 040), to reclassify the property from a P (Public) Zoning District to an RH-1 (Residential, House, One-Family) Zoning District; and adopting General Plan, Planning Code Section 101.1, and environmental findings. (Planning Department) Supervisor Avalos requested to be added as sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100804 [Interim Zoning - Requiring Conditional Use Authorization for Change in Use or Reduction of Child Care Facilities] Sponsors: Alioto-Pier; Dufty, Daly, Chiu, Maxwell and Mar Resolution imposing interim zoning controls establishing a requirement for conditional use authorization for a change in use or reduction in size of any child care facility that serves more than 13 children, for an 18 month period and making a determination of consistency with the priority policies of Planning Code Section 101.1. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 365-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Chu, Elsbernd

binding Conveyance Agreement regarding the cleanup and transfer of the Shipyard between the Navy and the City, executed in 2004, implementing Proposition P, the Board of Supervisors hereby declares its intention that the United States Environmental Protection Agency (U.S. EPA), California Environmental Protection Agency (California EPA), and the Navy should pursue the highest practicable level of cleanup for Parcel E-2, and that the San Francisco Redevelopment Agency shall not accept such property unless and until that cleanup standard is satisfied as provided in the Interagency Cooperation Agreement between the City and the Redevelopment Agency, and (iii) the Board of Supervisors shall conduct a hearing regarding potential final cleanup strategies for Parcel E-2 before a final remedy is selected, and urges that the Navy, U.S. EPA and California EPA participate in such hearing before the Board of Supervisors regarding potential final cleanup strategies for Parcel E-2 before a final remedy is selected, and the Board of Supervisors shall conduct a separate hearing prior to any transfer of Parcel E-2 to the San Francisco Redevelopment Agency.' The motion carried by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Avalos, Daly

Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED beginning on Page 6, Line 1, by adding a final sentence to read 'To the extent final remedies have not already been selected, the Board of Supervisors shall conduct hearings regarding potential final cleanup strategies for each Project parcel at the Shipyard before any final remedies are selected and urges that the Navy, U.S. EPA and California EPA participate in all such hearings.' The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 347-10 ADOPTED AS AMENDED, after accepting the amendments to the accompanying reports by the following vote:

Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Avalos, Daly

100574 [General Plan Amendments - Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100575 [Hunters Point Shipyard - Health Code Amendment] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100576 [Hunters Point Shipyard - Public Works Code Amendment] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100577 [Hunters Point Shipyard - Building Code Amendment] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100578 [Zoning Map Amendments - Candlestick Point Activity Node and Hunters Point Shipyard Phase 2 Project] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

oint 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] Sponsors: Mayor; Maxwell 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. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100661 [Subdivision Code - Candlestick Point and Hunters Point Shipyard] Sponsors: Mayor; Maxwell Ordinance amending the Hunters Point Shipyard Subdivision Code to rename the Code's Division 3 title and make various amendments pertaining to the subdivision process in Phase 2 of the Hunters Point Shipyard Redevelopment Plan and Zone 1 of the Bayview Hunters Point Redevelopment Project Area, including the establishment of a procedure for reviewing and filing vesting tentative transfer maps; and making environmental findings. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100660 [Candlestick Point and Shipyard Phase 2 Redevelopment Project - Real Property Transfer and Public Trust Exchange] Sponsors: Mayor; Maxwell Resolution approving and authorizing the execution, delivery and performance of: (1) a Real Property Transfer Agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco for Certain City Property at Candlestick Point, and (2) a Title Settlement, Public Trust Exchange and Boundary Line Agreement between the City and County of San Francisco (acting by and through the Board of Supervisors and through the Port Commission), the Redevelopment Agency of the City and County of San Francisco, the California State Lands Commission and the California Department of Parks and Recreation, both agreements being in furtherance of the Candlestick Point and Phase 2 of the Hunters Point Shipyard Redevelopment Project. Resolution No. 348-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

100662 [Tax Increment Allocation Pledge Agreement for the Candlestick Point and Phase 2 of the Hunters Point Shipyard Project] Sponsors: Mayor; Maxwell Resolution approving a Tax Increment Allocation Pledge Agreement between the City and County of San Francisco and the Redevelopment Agency of the City and County of San Francisco for the pledge of net available tax increment to finance public improvements and affordable housing in furtherance of the Candlestick Point and Phase 2 of the Hunters Point Shipyard Redevelopment Project; adopting findings under the California Environmental Quality Act; and adopting findings that the agreement is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1. Resolution No. 349-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: Daly

rimi Ordinance amending the San Francisco Administrative Code by adding Sections 30.30 through 30.35, to establish public safety and public health training programs for San Francisco Unified School District high school students. Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Ordinance be AMENDED on Page 3, Line 18, by deleting 'and'; on Line 19, by adding 'and the Department of Workforce Development' after 'College District,'; on Line 19, by replacing 'Department of Workforce Development' with 'Department of Children, Youth, and Their Families'; on Line 24, by deleting 'and'; on Page 3, Line 25, through Page 4, Line 2, by adding ', the San Francisco Unified School District, and the Department of Workforce Development'; on Lines 2-3, by replacing 'Workforce Development' with 'the Department of Children, Youth, and Their Families'; Lines 13-14, by replacing 'Workforce Development' with 'the Department of Children, Youth, and Their Families'; on Line 15, by replacing 'June 30, 2010' with 'January 1, 2011'; and Lines 19-20, by replacing 'Workforce Development' with 'the Department of Children, Youth, and Their Families'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100674 [Expanding the Entertainment Commission's Power to Revoke Permits] Sponsor: Chiu Ordinance amending Sections 1060.20.4 and 1070.20 of the San Francisco Police Code to expand the grounds for revocation of place of entertainment permits, extended-hours premises permits, and one time event permits to include: (1) public safety considerations, where operation of the permit poses a substantial risk of physical harm or injury to individuals, and (2) where the permittee's persistent action or inaction causes serious and continuing problems that amount to a public nuisance. Supervisor Chiu, seconded by Supervisor Maxwell, moved that this Ordinance be AMENDED on Page 2, Line 19, by changing '3840' to '3480'; and on Page 4, Line 16, by changing '3840' to '3480.' The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100854 [Approval of the San Francisco Child and Family Services Review - System Improvement Plan for the San Francisco Human Services Agency and Juvenile Probation Departments] Resolution approving San Francisco’s Child and Family Services Review - System Improvement Plan, a strategic plan that: (1) outlines how San Francisco will improve prioritized outcomes for children, youth, and families; (2) serves as the operational agreement between the county and state; and (3) includes plans for utilizing Child Abuse Prevention, Intervention, and Treatment; Community Based Child Abuse Prevention; and Promoting Safe and Stable Families revenues to prevent child maltreatment. (Human Services Department) Resolution No. 366-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100869 [Accept and Expend Grant - Airport K-9 Explosives Detection Team Program - $700,500] Sponsor: Elsbernd Resolution authorizing the Airport Commission to retroactively accept and expend funding in a total amount of $700,500 from the Transportation Security Administration for the Airport K-9 Explosives Detection Team Program. Resolution No. 358-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100897 [Appointment, Police Commission - Carol Kingsley] Motion confirming the Mayor's nomination of, and appointing, Carol Kingsley to the San Francisco Police Commission for the unexpired portion of a four-year term ending April 30, 2014. (Clerk of the Board) (Section 4.109 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - July 1, 2010) Motion No. M10-119 APPROVED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100760 [Community Policing and Foot Beat Patrols] Sponsors: Mirkarimi; Chiu, Avalos, Campos and Mar Motion ordering submitted to the voters an ordinance establishing the Community Policing Policy and Foot Beat Patrol Program at an election to be held on November 2, 2010. Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Daly, seconded by Supervisors Mirkarimi and Campos, moved to terminate debate on File Nos. 100760 and 100953. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. City and County of San Francisco Page 703 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Daly, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Daly, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. Supervisor Mirkarimi, seconded by Supervisor Mar, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. City and County of San Francisco Page 704 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12. President Chiu discussed parlimentary procedures and ruled that the division of the question did not constitute an amendment and was therefore not subject to the San Francisco Municipal Elections Code Section 305(a)3 and did not require further public comment and directed the Clerk of the Board to call the roll on the divided question. Supervisor Elsbernd moved that the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 12 through Page 3, Line 12 be DIVIDED. The question FAILED as divided by the following vote:

Ayes: Elsbernd

Noes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100953 [Community Policing and Foot Beat Patrols] Sponsors: Mirkarimi; Chiu and Mar Motion ordering submitted to the voters an ordinance at an election to be held on November 2, 2010, establishing the Community Policing Policy and Foot Beat Patrol Program and supplanting any City ordinance the voters approve at the November 2, 2010, election that bans lying or sitting on public sidewalks. Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Daly, seconded by Supervisors Mirkarimi and Campos, moved to terminate debate on File Nos. 100760 and 100953. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. City and County of San Francisco Page 706 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Daly, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Daly, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Avalos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. Supervisor Mirkarimi, seconded by Supervisor Mar, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. City and County of San Francisco Page 707 Printed at 5:03 pm on 9/14/10 Board of Supervisors Meeting Minutes - Final 7/27/2010 Supervisor Mirkarimi, seconded by Supervisor Campos, moved to add the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Supervisor Elsbernd divided the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15. President Chiu discussed parlimentary procedures and ruled that the division of the question did not constitute an amendment and was therefore not subject to the San Francisco Municipal Elections Code Section 305(a)3 and did not require further public comment and directed the Clerk of the Board to call the roll on the divided question. Supervisor Elsbernd moved that the question relating to requiring the Police Commission to adopt a community policing policy located on Page 2, Line 15 through Page 3, Line 15 be DIVIDED. The question PASSED as divided by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Motion No. M10-122 APPROVED by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

Planning Department confirmed the May 4, 2009 determination' after 'applicable'; on Line 14, by adding 'EIS/' before 'EIR'; on Line 15, by adding 'EIS/' before 'EIR'; on Line 17, by adding 'EIS/' before 'EIR'; on Line 18, by adding 'EIS/' before 'EIR'; on Page 4, Line 14, by deleting 'notice'; on Page 5, Line 14, by adding 'take all necessary steps to' before 'commence'; on Line 14, by adding 'and prosecute' after 'commence'; on Line 15, by adding 'the owner or owners of' before 'any and all'; on Lines 16-17, by adding ', to the extent such proceedings are necessary' after 'City'; on Line 17, by adding 'and all' after 'to take any'; on Line 18, by adding 'and all' before 'legal'; on Lines 18-19, by adding 'or permanent' after 'immediate'; on Line 22, by adding 'EIS/' before 'EIR'; on Line 23, by adding 'EIS/' before 'EIR'; on Line 24, by adding 'EIS/' before 'EIR'; on Page 6, Line 2, by adding 'EIS/' before 'EIR'; on Line 4, by adding 'EIS/' before 'EIR'; on Line 7, by adding 'EIS/' before 'EIR'; Line 14, by adding 'Resolution No. 08-145 on August 19, 2008, and' after 'adopting'; and on Line 23, by adding 'Board of Directors' after 'SFMTA'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 360-10 ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

anning Department confirmed the May 4, 2009 determination' after 'applicable'; on Line 13, by adding 'EIS/' before 'EIR'; on Line 14, by adding 'EIS/' before 'EIR'; on Line 16, by adding 'EIS/' before 'EIR'; on Line 17, by adding 'EIS/' before 'EIR'; on Page 4, Line 10, by deleting 'notice'; on Page 5, Line 9, by adding 'take all necessary steps to' before 'commence'; on Line 9, by adding 'and prosecute' after 'commence'; on Line 10, by adding 'the owner or owners of' before 'any and all'; on Lines 11-12, by adding ', to the extent such proceedings are necessary' after 'City'; on Line 12, by adding 'and all' after 'to take any'; on Line 13, by adding 'and all' before 'legal'; on Lines 13-14, by adding 'or permanent' after 'immediate'; on Line 17, by adding 'EIS/' before 'EIR'; on Line 18, by adding 'EIS/' before 'EIR'; on Line 19, by adding 'EIS/' before 'EIR'; on Line 22, by adding 'EIS/' before 'EIR'; on Line 24, by adding 'EIS/' before 'EIR'; on Page 6, Line 2, by adding 'EIS/' before 'EIR'; on Line 9, by adding 'Resolution No. 08-145 on August 19, 2008, and' after 'adopting'; and on Line 18, by adding 'Board of Directors' after 'SFMTA'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 362-10 ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

anning Department confirmed the May 4, 2009 determination' after 'applicable'; on Line 16, by adding 'EIS/' before 'EIR'; on Line 17, by adding 'EIS/' before 'EIR'; on Line 19, by adding 'EIS/' before 'EIR'; on Line 20, by adding 'EIS/' before 'EIR'; on Page 4, Line 16, by deleting 'notice'; on Page 5, Line 16, by adding 'take all necessary steps to' before 'commence'; on Line 16, by adding 'and prosecute' after 'commence'; on Line 17, by adding 'the owner or owners of' before 'any and all'; on Lines 18-19, by adding ', to the extent such proceedings are necessary' after 'City'; on Line 19, by adding 'and all' after 'to take any'; on Line 20, by adding 'and all' before 'legal'; on Lines 20-21, by adding 'or permanent' after 'immediate'; on Line 24, by adding 'EIS/' before 'EIR'; on Line 25, by adding 'EIS/' before 'EIR'; on Page 6, Line 1, by adding 'EIS/' before 'EIR'; on Line 4, by adding 'EIS/' before 'EIR'; on Line 6, by adding 'EIS/' before 'EIR'; on Line 9, by adding 'EIS/' before 'EIR'; on Line 16, by adding 'Resolution No. 08-145 on August 19, 2008, and' after 'adopting'; and on Line 25, by adding 'Board of Directors' after 'SFMTA'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 361-10 ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Planning Department confirmed the May 4, 2009 determination' after 'applicable'; on Line 14, by adding 'EIS/' before 'EIR'; on Line 15, by adding 'EIS/' before 'EIR'; on Line 17, by adding 'EIS/' before 'EIR'; on Line 18, by adding 'EIS/' before 'EIR'; on Page 4, Line 14, by deleting 'notice'; on Page 5, Line 14, by adding 'take all necessary steps to' before 'commence'; on Line 14, by adding 'and prosecute' after 'commence'; on Line 15, by adding 'the owner or owners of' before 'any and all'; on Lines 16-17, by adding ', to the extent such proceedings are necessary' after 'City'; on Line 17, by adding 'and all' after 'to take any'; on Line 18, by adding 'and all' before 'legal'; on Lines 18-19, by adding 'or permanent' after 'immediate'; on Line 22, by adding 'EIS/' before 'EIR'; on Line 23, by adding 'EIS/' before 'EIR'; on Line 24, by adding 'EIS/' before 'EIR'; on Page 6, Line 2, by adding 'EIS/' before 'EIR'; on Line 4, by adding 'EIS/' before 'EIR'; on Line 7, by adding 'EIS/' before 'EIR'; Line 14, by adding 'Resolution No. 08-145 on August 19, 2008, and' after 'adopting'; and on Line 23, by adding 'Board of Directors' after 'SFMTA'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 364-10 ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

anning Department confirmed the May 4, 2009 determination' after 'applicable'; on Line 13, by adding 'EIS/' before 'EIR'; on Line 14, by adding 'EIS/' before 'EIR'; on Line 16, by adding 'EIS/' before 'EIR'; on Line 17, by adding 'EIS/' before 'EIR'; on Page 4, Line 10, by deleting 'notice'; on Page 5, Line 9, by adding 'take all necessary steps to' before 'commence'; on Line 9, by adding 'and prosecute' after 'commence'; on Line 10, by adding 'the owner or owners of' before 'any and all'; on Lines 11-12, by adding ', to the extent such proceedings are necessary' after 'City'; on Line 12, by adding 'and all' after 'to take any'; on Line 13, by adding 'and all' before 'legal'; on Lines 13-14, by adding 'or permanent' after 'immediate'; on Line 17, by adding 'EIS/' before 'EIR'; on Line 18, by adding 'EIS/' before 'EIR'; on Line 19, by adding 'EIS/' before 'EIR'; on Line 22, by adding 'EIS/' before 'EIR'; on Line 24, by adding 'EIS/' before 'EIR'; on Page 6, Line 2, by adding 'EIS/' before 'EIR'; on Line 9, by adding 'Resolution No. 08-145 on August 19, 2008, and' after 'adopting'; and on Line 18, by adding 'Board of Directors' after 'SFMTA'. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

Resolution No. 363-10 ADOPTED AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100637 [San Francisco Municipal Transportation Agency - Appointments Policy and Other Procedures] Sponsors: Campos; Mirkarimi and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 8A.100, 8A.101, 8A.102, 8A.104, 8A.105, 8A.106, 8A.107, 8A.108, 8A.113, A8.409-1, A8.409-4, and A8.428, and repealing Section A8.404, to: provide for split appointments to the San Francisco Municipal Transportation Agency (MTA) Board of Directors; allocate a share of property tax revenues to the Transportation Fund; require the MTA to resubmit an Agency budget if its budget is rejected by the Board of Supervisors; establish an Office of the MTA Inspector General; and, eliminate formulas governing operator wages and benefit payments and subject these matters instead to collective bargaining. Supervisor Chiu requested to be removed as a co-sponsor. ORDERED SUBMITTED. The motion FAILED by the following vote:

Ayes: Daly

Noes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

100982 [San Francisco Municipal Transportation Agency - Appointments Policy and Other Procedures] Sponsors: Campos; Mirkarimi and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco by amending Sections 8A.100, 8A.101, 8A.102, 8A.104, 8A.105, 8A.106, 8A.107, 8A.108, 8A.113, A8.409-1, A8.409-4, and A8.428, and repealing Section A8.404, to: provide for split appointments to the San Francisco Municipal Transportation Agency (MTA) Board of Directors; allocate a share of property tax revenues to the Transportation Fund; require the MTA to resubmit an Agency budget if its budget is rejected by the Board of Supervisors; establish an Office of the MTA Inspector General; and, eliminate formulas governing operator wages and benefit payments and subject these matters instead to collective bargaining. Supervisor Chiu requested to be removed as a co-sponsor. ORDERED SUBMITTED. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell

100981 [Honoring Kelly Clark and the We Ride 3000 Team] Sponsor: Dufty Resolution honoring Kelly Clark and the We Ride 3000 Team in recognition of their 3,200 mile bike ride across the United States, from San Francisco to Washington D.C., in advocacy for public education awareness. Resolution No. 353-10 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100935 [Supporting Eddy Zheng’s Application to Remain Lawfully in the United States] Sponsors: Chiu; Mar, Avalos, Mirkarimi, Campos, Chu and Maxwell Resolution urging the Honorable Arnold Schwarzenegger, Governor of California, to grant Xiao Fei “Eddy” Zheng a full pardon and allow him to remain in the United States and to continue to serving youth in the San Francisco Bay Area community. Privilege of the floor was granted to Chief Probation Officer William Siffermann (Juvenile Probation Department) who responded to questions raised throughout the discussion regarding File No. 100935. Resolution No. 352-10 ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100977 [Requesting the Planning Commission or Planning Department to Extend the Public Comment Period on the California Pacific Medical Center’s Draft Environmental Impact Report to a Minimum of 90 Days and Conduct Two Public Hearings on the Environmental Impact] Sponsor: Campos Resolution requesting that the Planning Commission or Planning Department extend the public comment period on the California Pacific Medical Center’s Draft Environmental Impact Report to a minimum of 90 days and conduct two public hearings on the Environmental Impact Report because of the project’s exceptional size and complexity and so the public can conduct a thorough review and offer thoughtful input. Supervisor Campos, seconded by Supervisor Alioto-Pier, moved that this Resolution be TABLED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100961 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 2, 2010, Election] Motion authorizing preparation of written proponent and opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 2, 2010, Election. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be CONTINUED to August 3, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Noes: None

100986 [Directing the Budget and Legislative Analyst to Audit the San Francisco Office of the Public Defender] Sponsor: Daly Motion directing the Budget and Legislative Analyst to audit the San Francisco Office of the Public Defender. Privilege of the floor was granted to Harvey Rose (Budget Analyst) who responded to questions raised throughout the discussion regarding File No. 100986. APPROVED. The motion FAILED by the following vote:

Ayes: Avalos, Daly

Noes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi