# Board of Supervisors Minutes: July 27, 2010 - Meeting date: 2010-07-27 - Document type: minutes - Source format: PDF - Extracted pages: 49 - [Canonical HTML transcript](https://sfbos.info/documents/2015/2010-07-27-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m072710.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 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 - Pages: 5-6 - Sponsors: Chiu - Vote 1: tabling - Action: 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 ### File 100759: Parking Tax Increase and Tax on Valet Services - Pages: 6 - Sponsors: Mirkarimi - Vote 1: amendment - Action: 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 - Vote 2: rejection - Action: 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 ### File 100989: Bayview Hunters Point Redevelopment Plan - Pages: 6-7 - Vote 1: approval, likely final - Action: 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 ### File 100658: Bayview Hunters Point Redevelopment Project Area - Pages: 7-10 - Sponsors: Mayor; Maxwell - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: amendment - Action: 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 - Vote 5: amendment - Action: 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 - Vote 6: amendment - Action: 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 - Vote 7: amendment - Action: 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 - Vote 8: other - Action: 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 - Vote 9: other - Action: 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 - Vote 10: amendment - Action: 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 - Vote 11: amendment - Action: 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 - Vote 12: other - Action: 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 - Vote 13: amendment - Action: 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 - Vote 14: first-reading - Action: 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 ## Extracted text ### [Page 6](https://sfbos.info/documents/2015/2010-07-27-minutes#page-6) Board of Supervisors Meeting Minutes - Final 7/27/2010 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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - 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: 3 - Daly, Mar, Mirkarimi Noes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Privilege of the floor was granted to Michael Cohen (Mayor's Office of Economic and Workforce Development) who provided an overview on the various Bayview and Hunters Point Shipyard items and responded to questions raised throughout the discussion relating to File Nos. 100989, 100658, 100988, 100659, 100572, 100574, 100575, 100576, 100577, 100578, 100579, 100661, 100660, and 100662. 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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly From the Land Use and Economic Development Committee Without Recommendation Supervisor Alioto-Pier was noted absent at 3:24 p.m., and noted present at 3:42 p.m. City and County of San Francisco Page 688 Printed at 5:03 pm on 9/14/10 ### [Page 7](https://sfbos.info/documents/2015/2010-07-27-minutes#page-7) Board of Supervisors Meeting Minutes - Final 7/27/2010 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: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Noes: 6 - 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: 6 - 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: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Noes: 6 - 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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