# Board of Supervisors Minutes: August 10, 2010 - Meeting date: 2010-08-10 - Document type: minutes - Source format: PDF - Extracted pages: 28 - [Canonical HTML transcript](https://sfbos.info/documents/2019/2010-08-10-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m081010.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100968: Accept and Expend Grant - Recreation and Park Department - Mission Dolores Park - $1,500,000 - Pages: 2-3 - Sponsors: Dufty ### File 100969: Approval of the Issuance of Tax-Exempt Revenue Obligations - Brandeis Hillel Day School - Not to Exceed $11,500,000 - Pages: 3 - Sponsors: Elsbernd ### File 100970: Approving the Issuance of Tax-Exempt Revenue Obligations - The Urban School of San Francisco - Not to Exceed $8,000,000 - Pages: 3 - Sponsors: Mirkarimi ### File 101013: Accept and Expend Grant - The STOP Study - $166,666 - Pages: 3 - Sponsors: Dufty; Campos ### File 101014: Accept and Expend Grant - San Francisco Pedestrian Safety Project - $200,000 - Pages: 3-4 - Sponsors: Dufty ### File 101010: Accept and Expend Grant - American Recovery and Re-Investment Act and Amendment to the Annual Salary Ordinance, FY2010-2011 - $1,670,000 - Pages: 4 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 101010 [Accept and Expend Grant - American Recovery and Re-Investment Act and Amendment to the Annual Salary Ordinance, FY2010-2011 - $1,670,000] Sponsor: Mayor Ordinance to retroactively accept and expect a grant in the amount of $1,670,000 from the U.S. Department of Energy through the County of Los Angeles and the Association of Bay Area Governments, and amending the Annual Salary Ordinance FY2010-2011 to reflect the addition of three positions in the Department of the Environment. Ordinance No. 226-10 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100641: Expend Grant - California Department of Toxic Substances Control and Amendment to the Annual Salary Ordinance, FY2010-2011 - $74,500 - Pages: 4-5 - Sponsors: Chu - Vote 1: final-passage, likely final - Action: 100641 [Expend Grant - California Department of Toxic Substances Control and Amendment to the Annual Salary Ordinance, FY2010-2011 - $74,500] Sponsor: Chu Ordinance authorizing the Department of the Environment to expend a grant in the amount of $74,500 from the California Department of Toxic Substances Control to coordinate the Green Business tracking and measurement tool and amending Ordinance No. 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. Ordinance No. 225-10 FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100879: Increasing Penalties for Certain Crimes Committed on Municipal Transportation Agency Vehicles, Platforms or in Bus Zones - Pages: 5 - Sponsors: Chu; Chiu, Mar, Maxwell, Dufty and Mirkarimi - Vote 1: final-passage, likely final - Action: 100879 [Increasing Penalties for Certain Crimes Committed on Municipal Transportation Agency Vehicles, Platforms or in Bus Zones] Sponsors: Chu; Chiu, Mar, Maxwell, Dufty and Mirkarimi Ordinance amending the San Francisco Police Code by consolidating Sections 122 and 123 and amending former Section 123 and Section 1291, to increase from $500 to $1,000 the maximum allowable fine for the crimes of aggressive pursuit and of loitering while carrying a concealed weapon, where the violation occurs on vehicles, platforms or bus zones of the Municipal Transportation Agency, and urging "non-custodial" dispositions for juvenile violators. Ordinance No. 227-10 FINALLY PASSED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Avalos ### File 100919: Authorizing the Sheriff’s Department to Amend its Contract with ARAMARK Correctional Services, LLC for Jail Food Services - Not to Exceed $30,500,000 - Pages: 5-6 - Vote 1: adoption, likely final - Action: 100919 [Authorizing the Sheriff’s Department to Amend its Contract with ARAMARK Correctional Services, LLC for Jail Food Services - Not to Exceed $30,500,000] Resolution authorizing the Sheriff’s Department to retroactively enter into a Third Amendment to the Agreement between the City and County of San Francisco and ARAMARK Correctional Services, LLC, to increase the contract amount from $22,885,229 to an amount not to exceed $30,500,000 and to extend the contract term to June 30, 2012. (Sheriff) (Fiscal Impact.) Resolution No. 407-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100924: Loan from the Metropolitan Transportation Commission to Expand the Scope of the SFpark Pilot Projects - $22,000,000 - Pages: 6 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 100924 [Loan from the Metropolitan Transportation Commission to Expand the Scope of the SFpark Pilot Projects - $22,000,000] Sponsor: Mirkarimi Resolution approving a loan agreement between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and the Metropolitan Transportation Commission for $22,000,000 of Congestion Mitigation and Air Quality Improvement funding to be repaid by the San Francisco Municipal Transportation Agency over a five year period with parking-related revenues. Resolution No. 392-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100930: Expend Grant - Adopting California Environmental Quality Act Findings and Authorizing Grant Expenditure for Cesar Chavez Sewer System Improvement Project - $477,900 - Pages: 6 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 100930 [Expend Grant - Adopting California Environmental Quality Act Findings and Authorizing Grant Expenditure for Cesar Chavez Sewer System Improvement Project - $477,900] Sponsor: Mayor Resolution adopting findings under the California Environmental Quality Act, CEQA Guidelines, and San Francisco Administrative Code Chapter 31, including the adoption of a mitigation monitoring and reporting program, related to the funding of Project No. CENMSCIC11, Cesar Chavez Sewer System Improvement, directing the Clerk of the Board of Supervisors to notify the Controller of this action, and authorizing the San Francisco Public Utilities Commission to expend a grant in the amount of $477,900 from the U.S. Environmental Protection Agency through the Department of the Interior, Environment, and Related Agencies Appropriation Act of 2006. Resolution No. 411-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100964: Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to the Presidio Trust - Pages: 6-7 - Sponsors: Alioto-Pier - Vote 1: adoption, likely final - Action: 100964 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to the Presidio Trust] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the Presidio Trust to provide fire and emergency medical services to portions of the Presidio under the Trust’s jurisdiction, with the Trust reimbursing the Fire Department for those services and to accept and expend funds provided to the Fire Department by the Trust as reimbursement for services provided under that agreement. Resolution No. 396-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100965: Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to National Park Service Managed Areas - Pages: 7 - Sponsors: Alioto-Pier - Vote 1: adoption, likely final - Action: 100965 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to National Park Service Managed Areas] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the National Park Service to provide fire and emergency medical services to National Park Service managed areas within San Francisco, with National Park Service reimbursing the Fire Department for those services, and to accept and expend funds provided to the Fire Department by the National Park Service as reimbursement for services provided under that agreement. (Fiscal Impact.) Resolution No. 395-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100966: Approving the Hiring of Displaced Federal Firefighters - Pages: 7 - Sponsors: Alioto-Pier - Vote 1: adoption, likely final - Action: 100966 [Approving the Hiring of Displaced Federal Firefighters] Sponsor: Alioto-Pier Resolution approving the hiring of permanent career civilian federal firefighters displaced by the closure of the National Park Service Fire Station in the Presidio, pursuant to the authority granted by California Government Code Section 53270. Resolution No. 391-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100434: Castro Street Neighborhood Commercial District - Conditional Use Requirements for Restaurants and Self-Service Specialty Food Establishments - Pages: 7-8 - Sponsors: Dufty - Vote 1: first-reading - Action: 100434 [Castro Street Neighborhood Commercial District - Conditional Use Requirements for Restaurants and Self-Service Specialty Food Establishments] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by amending Section 715.1 and Sections 715.42, 715.43, 715.44, and 715.69A of the Zoning Control Table to allow new full-service and small self-service restaurants with a conditional use authorization, to permit self-service specialty food establishments as of right, and to prohibit all large fast food establishments; adopting findings, including environmental findings; amending Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101015: Sewer Line Relocation Agreement with San Francisco State University - Pages: 8 - Sponsors: Elsbernd - Vote 1: adoption, likely final - Action: 101015 [Sewer Line Relocation Agreement with San Francisco State University] Sponsor: Elsbernd Resolution approving and authorizing the Sewer Line Relocation Agreement between the San Francisco Public Utilities Commission, on behalf of the City and County of San Francisco, and San Francisco State University to relocate an existing sanitary sewer and storm drain easement on Assessor’s Block No. 7304-001 (part of the University campus) and portions of Font Boulevard and Lake Merced Boulevard in San Francisco; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Relocation Agreement is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. Resolution No. 394-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100954: Settlement of Lawsuit - Ricardo Rodriguez - $30,000 - Pages: 9 - Vote 1: first-reading - Action: 100954 [Settlement of Lawsuit - Ricardo Rodriguez - $30,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Rodriguez against the City and County of San Francisco for $30,000; the lawsuit was filed on February 19, 2009, in San Francisco Superior Court, Case No. CGC09-485133; entitled Ricardo Rodriguez v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100955: Settlement of Lawsuit - Stanislaus Imports - $245,000 - Pages: 9 - Vote 1: first-reading - Action: 100955 [Settlement of Lawsuit - Stanislaus Imports - $245,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Stanislaus Imports against the City and County of San Francisco for $245,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100956: Settlement of Lawsuit - Monte and Joanne Stott and Stott and Associates, Inc. - $32,000 - Pages: 9 - Vote 1: first-reading - Action: 100956 [Settlement of Lawsuit - Monte and Joanne Stott and Stott and Associates, Inc. - $32,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Monte and Joanne Stott and Stott and Associates, Inc. against the City and County of San Francisco for $32,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100957: Settlement of Lawsuit - Yanick Constant - $32,500 - Pages: 9-10 - Vote 1: first-reading - Action: 100957 [Settlement of Lawsuit - Yanick Constant - $32,500] Ordinance authorizing settlement of the lawsuit filed by Yanick Constant against the City and County of San Francisco for $32,500; the lawsuit was filed on April 21, 2008, in San Francisco Superior Court, Case No. 474485; entitled Yanick Constant v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100958: Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000 - Pages: 10 - Vote 1: first-reading - Action: 100958 [Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000] Ordinance authorizing settlement of the lawsuit filed by Icenogle IMR Joint Venture against the City and County of San Francisco for $1,330,000; the lawsuit was filed on September 24, 2007, in San Francisco County Superior Court, and subsequently transferred to Alameda County Superior Court, Case No. RG08391219; entitled Icenogle IMR Joint Venture v. City and County of San Francisco, et al.; other material terms of said settlement are: (1) mutual releases except for latent defects, (2) dismissal of all complaints and cross-complaints with prejudice, (3) each side to bear its own attorneys fees and costs, and (4) plaintiff to be responsible for resolving outstanding stop notices. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100960: Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000 - Pages: 10 - Vote 1: first-reading - Action: 100960 [Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Underground Construction Co., et al. by accepting the payment of $29,000 to the City and County of San Francisco; $23,200 from Underground Construction Co. and $5,800 from State Farm; the lawsuit was filed on February 24, 2009, in San Francisco Superior Court, Case No. CGC-09-485059; entitled City and County of San Francisco, et al., v. Underground Construction Co., et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100994: Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman - Pages: 10 - Vote 1: adoption, likely final - Action: 100994 [Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Resolution confirming the appointment of Cheryl Brinkman to the Municipal Transportation Agency Board of Directors, for the term ending March 1, 2014. (Mayor) Resolution No. 405-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100996: Reappointment, Board of Appeals - Michael Garcia - Pages: 10-11 - Vote 1: approval, likely final - Action: 100996 [Reappointment, Board of Appeals - Michael Garcia] Motion approving the Mayor’s reappointment of Michael Garcia to the Board of Appeals, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.106 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 - 7/13/10.) Motion No. M10-127 APPROVED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100998: Reappointment, Entertainment Commission - John Newlin - Pages: 11 - Vote 1: approval, likely final - Action: 100998 [Reappointment, Entertainment Commission - John Newlin] Motion approving the Mayor’s nomination for reappointment of John Newlin to the Entertainment Commission, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.117 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 - 7/20/10.) Motion No. M10-128 APPROVED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100155: Liquor License Transfer - 612 Kearny Street - Pages: 11 - Vote 1: adoption, likely final - Action: 100155 [Liquor License Transfer - 612 Kearny Street] Resolution determining that the transfer of a Type 21 Off-Sale General Liquor License from 605 Kearny Street to 612 Kearny Street (District 3) to David C. Huang for David’s Food Store will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 412-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100914: Liquor License Transfer - 690 Stanyan Street - Pages: 11-12 - Vote 1: adoption, likely final - Action: 100914 [Liquor License Transfer - 690 Stanyan Street] Resolution determining that the transfer of a Type 20 Off-Sale Beer and Wine Liquor License from 880 Harrison Street to 690 Stanyan Street (District 5) to Joseph N. Rogoff for Whole Foods Market California Inc., dba Whole Foods Market will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 413-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101064: Accept and Expend Gift - Recreation and Park Department Buena Vista Park - $164,760 - Pages: 12 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 101064 [Accept and Expend Gift - Recreation and Park Department Buena Vista Park - $164,760] Sponsor: Dufty Resolution authorizing the Recreation and Park Department to retroactively accept and expend a gift-in-place valued at $164,760 from the San Francisco Conservation Corps to rehabilitate trails and retaining walls at Buena Vista Park. Resolution No. 397-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101074: Accept and Expend Grant - Palace of Fine Arts Historical Landscape and Park Improvements - $500,000 - Pages: 12 - Sponsors: Alioto-Pier - Vote 1: adoption, likely final - Action: 101074 [Accept and Expend Grant - Palace of Fine Arts Historical Landscape and Park Improvements - $500,000] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant administered by the California State Library California Cultural and Historical Endowment in the amount of $500,000 for the Palace of Fine Arts historical landscape and park improvement. Resolution No. 414-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100971: Accept and Expend Grant - Lowe’s Local Hiring Agreement - $750,000 - Pages: 12 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 100971 [Accept and Expend Grant - Lowe’s Local Hiring Agreement - $750,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $750,000 from Lowe’s HIW, Inc., to plan and manage an employment program. Resolution No. 390-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100972: Accept and Expend Grant - Office of Economic and Workforce Development - Green Jobs - $400,000 - Pages: 12-13 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 100972 [Accept and Expend Grant - Office of Economic and Workforce Development - Green Jobs - $400,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $400,000 from Wal-Mart Foundation to plan and manage an employment program. Resolution No. 401-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100973: Accept and Expend Grant - Office of Economic and Workforce Development - California’s Low Income Energy Efficiency Program - $100,000 - Pages: 13 - Sponsors: Mayor; Maxwell - Vote 1: adoption, likely final - Action: 100973 [Accept and Expend Grant - Office of Economic and Workforce Development - California’s Low Income Energy Efficiency Program - $100,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $100,000 from the California Public Utilities Commission to support CityBuild’s implementation of California’s Low Income Energy Efficiency Program in San Francisco. Resolution No. 400-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 100974: Accept and Expend Grant - Office of Economic and Workforce Development - CityBuild Program - $200,000 - Pages: 13 - Sponsors: Mayor; Maxwell - Vote 1: adoption, likely final - Action: 100974 [Accept and Expend Grant - Office of Economic and Workforce Development - CityBuild Program - $200,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $200,000 from the Evelyn and Walter Haas, Jr., Fund to support the CityBuild Program. Resolution No. 399-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101011: Accept and Expend Grant - Diesel Emissions Reduction Act - Pier 27 Shoreside Power - $1,000,000 - Pages: 13 - Sponsors: Alioto-Pier; Chiu - Vote 1: adoption, likely final - Action: 101011 [Accept and Expend Grant - Diesel Emissions Reduction Act - Pier 27 Shoreside Power - $1,000,000] Sponsors: Alioto-Pier; Chiu Resolution authorizing the San Francisco Port Commission to accept and expend a grant from the U.S. Environmental Protection Agency in the amount of $1,000,000 under the Diesel Emissions Reduction Act, to assist in the installation of a shoreside power facility for cruise ships at Pier 27. Resolution No. 406-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101067: Supporting Assembly Bill 2324 Regarding Public Transit Facilities - Pages: 15 - Sponsors: Chu; Chiu and Mar ### File 101068: Declaring August 18, 2010, as San Francisco HIV Health Services Planning Council Day - Pages: 15 - Sponsors: Dufty; Campos ### File 101076: Apply For State Used Oil Payment Program - Pages: 15 - Sponsors: Mayor ### File 101077: Federal Emergency Operations Center Grant Administered by California Emergency Management Agency - Pages: 15-16 - Sponsors: Mayor ### File 101069: Waiving Board Rule 4.29 of the Rules of Order to Schedule Public Hearing(s) on Appeal(s) at 2:30 p.m. instead of 4:00 p.m. at the September 7, 2010, Board Meeting - Pages: 16 ### File 101078: Final Map 3668 - 805 Rutland Street and 199 Leland Avenue - Pages: 16 ### File 101080: Final Map 5785 - 5800 Third Street - Pages: 16 - Vote 1: approval, likely final - Action: 101080 [Final Map 5785 - 5800 Third Street] Motion approving Final Map 5785, a Three Lot Subdivision, Lot 1 being a 142 Unit Mixed-Use Condominium Project and Lot 2 being a 102 Unit Residential Condominium Project, located at 5800 Third Street being a subdivision of Lot No. 001 in Assessors Block No. 5431A and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-131 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101070: Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000 - Pages: 16-17 - Sponsors: Chiu ### File 101081: Candlestick Point - Hunters Point Shipyard Phase II Development Project - Involvement of Ohlone and other Native American Peoples - Pages: 17 - Sponsors: Maxwell; Mar and Campos - Vote 1: adoption, likely final - Action: 101081 [Candlestick Point - Hunters Point Shipyard Phase II Development Project - Involvement of Ohlone and other Native American Peoples] Sponsors: Maxwell; Mar and Campos Resolution urging the City Planning Department and Redevelopment Agency to establish specific protocols for ongoing collaboration with representatives of the Ohlone Peoples and other Native American groups for the redevelopment of Candlestick Point and the Hunters Point Shipyard. Supervisors Mar and Campos requested to be added as co-sponsors. Resolution No. 402-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Avalos ### File 101091: Planning Code - Requiring Conditional Use Authorization for "Other Entertainment Uses" in the Van Ness Avenue Special Use District - Pages: 17 - Sponsors: Alioto-Pier ### File 101092: Task Force on Police/Sheriff Consolidation - Pages: 17-18 - Sponsors: Daly ### File 101093: Zoning - South of Market Youth and Family Special Use District - Pages: 18 - Sponsors: Daly ### File 101094: Child Care Centers for City Projects and City-Funded Private Projects - Pages: 18 - Sponsors: Dufty; Alioto-Pier ### File 101095: Planning Code - Affordable Housing Program Exemption for Qualified Student Housing - Pages: 18 - Sponsors: Dufty ### File 101096: Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items - Pages: 18 - Sponsors: Mar; Campos and Chiu ### File 101097: Creation and Operation of Reentry Court - Pages: 18-19 - Sponsors: Mirkarimi ### File 101098: Electronic Distribution of Multi-Page Documents - Pages: 19-20 - Sponsors: Mirkarimi ### File 101099: Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration - Pages: 20-21 - Sponsors: Mirkarimi; Dufty ### File 101100: Adding to the Definition of "Control" - Revising the Enforcement Authority of the Business and Tax Code - Pages: 21 - Sponsors: Mirkarimi; Dufty ### File 101101: Election Day Voter Registration Procedures - Pages: 21 - Sponsors: Mirkarimi ### File 101102: Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000 - Pages: 21 - Sponsors: Mayor ### File 101103: Appropriating $2,200,000 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010 - Pages: 21 - Sponsors: Mayor ### File 101104: Public Employment - Department of the Environment - Pages: 21-22 - Sponsors: Mayor ### File 101105: Existing Commercial Buildings Energy Performance Ordinance - Pages: 22 - Sponsors: Mayor; Dufty ### File 101106: Interim Zoning Controls for the Van Ness Avenue Special Use District - Pages: 22 - Sponsors: Alioto-Pier ### File 101107: Management Agreement for the Harding Park Golf Course - Pages: 22 - Sponsors: Elsbernd ### File 101108: Accept and Expend Grant - Remediation and Demolition of Drydock No. 1 - $3,000,000 - Pages: 22-23 - Sponsors: Mayor ### File 101109: State Contract Funds for Substance Abuse Treatment - $60,402,780 - Pages: 23 - Sponsors: Mayor ### File 101110: Accept and Expend Grant - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500 - Pages: 23 - Sponsors: Mayor ### File 101111: Application for Grant - Augmenting the Greening and Storm Water Features of the Cesar Chavez Street Redesign Project - Pages: 23 - Sponsors: Campos ### File 101112: Accept and Expend Grant - Web Based Recycling, Reuse, and Disposal Options - $25,000 - Pages: 23-24 - Sponsors: Mayor ### File 101113: Application for Grant - Construction of HillPoint Park Open Space Project - Pages: 24 - Sponsors: Mayor; Maxwell ### File 101114: Application for Grant - Strategic Growth Council Sustainable Communities - Greenway Network Plan - Pages: 24 - Sponsors: Mayor ### File 101115: Directing Controller to Prepare an Infrastructure Financing Plan - Pages: 24 - Sponsors: Mayor ### File 101116: Resolution of Intention to Establish an Infrastructure Financing District - Pages: 24 - Sponsors: Mayor ### File 101070: Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000 - Pages: 24-25 - Sponsors: Chiu ### File 101051: Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center - Pages: 25-28 ## Extracted text ### [Page 1](https://sfbos.info/documents/2019/2010-08-10-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, August 10, 2010 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM City and School District Select Committee 2nd and 4th Thursday Supervisors Dufty, Alioto-Pier, Daly, Fewer, Kim, Mendoza 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Chu, Avalos, Dufty 10:30 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Mar, Chu, Maxwell 10:30 AM Land Use and Economic Development Committee Monday Supervisors Maxwell, Mar, Chiu 1:00 PM Public Safety Committee 1st and 3rd Monday Supervisors Chiu, Mirkarimi, Elsbernd 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Campos, Alioto-Pier, Mar 10:00 AM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 105 Number 28 ### [Page 2](https://sfbos.info/documents/2019/2010-08-10-minutes#page-2) Board of Supervisors Meeting Minutes - Final 8/10/2010 Members Present: Michela Alioto-Pier, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:09 p.m. On the call of the roll, Supervisor Avalos was noted absent. There was a quorum. Supervisor Avalos Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that Supervisor Avalos be excused from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 100968 [Accept and Expend Grant - Recreation and Park Department - Mission Dolores Park - $1,500,000] Sponsor: Dufty Resolution accepting and expending a gift, valued not less than $1,500,000 from the Friends of Dolores Park Playground and the Mercer Fund to the Recreation and Park Department for the renovation of the children’s playground at Mission Dolores Park. Resolution No. 398-10 ADOPTED City and County of San Francisco Page 761 Printed at 5:07 pm on 9/14/10 ### [Page 3](https://sfbos.info/documents/2019/2010-08-10-minutes#page-3) Board of Supervisors Meeting Minutes - Final 8/10/2010 100969 [Approval of the Issuance of Tax-Exempt Revenue Obligations - Brandeis Hillel Day School - Not to Exceed $11,500,000] Sponsor: Elsbernd Resolution approving the issuance of tax-exempt revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $11,500,000 among other things, to refinance various capital facilities owned by Brandeis Hillel Day School and to determine other matters related thereto. Resolution No. 393-10 ADOPTED 100970 [Approving the Issuance of Tax-Exempt Revenue Obligations - The Urban School of San Francisco - Not to Exceed $8,000,000] Sponsor: Mirkarimi Resolution approving the issuance of tax-exempt revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $8,000,000 among other things, to refinance various capital facilities owned by The Urban School of San Francisco and to determine other matters related thereto. Resolution No. 409-10 ADOPTED 101013 [Accept and Expend Grant - The STOP Study - $166,666] Sponsors: Dufty; Campos Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the Centers for Disease Control and Prevention in the amount of $166,666 to fund the STOP Study for the period June 15, 2010, through June 14, 2011. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 408-10 ADOPTED 101014 [Accept and Expend Grant - San Francisco Pedestrian Safety Project - $200,000] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend a grant from the California Office of Traffic Safety in the amount of $200,000 to fund the San Francisco Pedestrian Safety Project for the period of October 1, 2010, through September 30, 2011. Resolution No. 410-10 ADOPTED City and County of San Francisco Page 762 Printed at 5:07 pm on 9/14/10 ### [Page 4](https://sfbos.info/documents/2019/2010-08-10-minutes#page-4) Board of Supervisors Meeting Minutes - Final 8/10/2010 Recommendation of the Land Use and Economic Development Committee 101010 [Accept and Expend Grant - American Recovery and Re-Investment Act and Amendment to the Annual Salary Ordinance, FY2010-2011 - $1,670,000] Sponsor: Mayor Ordinance to retroactively accept and expect a grant in the amount of $1,670,000 from the U.S. Department of Energy through the County of Los Angeles and the Association of Bay Area Governments, and amending the Annual Salary Ordinance FY2010-2011 to reflect the addition of three positions in the Department of the Environment. Ordinance No. 226-10 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the City Operations and Neighborhood Services Committee 100641 [Expend Grant - California Department of Toxic Substances Control and Amendment to the Annual Salary Ordinance, FY2010-2011 - $74,500] Sponsor: Chu Ordinance authorizing the Department of the Environment to expend a grant in the amount of $74,500 from the California Department of Toxic Substances Control to coordinate the Green Business tracking and measurement tool and amending Ordinance No. 183-09 to reflect the addition of one (1) grant funded position at the Department of the Environment. Ordinance No. 225-10 FINALLY PASSED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 763 Printed at 5:07 pm on 9/14/10 ### [Page 5](https://sfbos.info/documents/2019/2010-08-10-minutes#page-5) Board of Supervisors Meeting Minutes - Final 8/10/2010 Recommendation of the Public Safety Committee 100879 [Increasing Penalties for Certain Crimes Committed on Municipal Transportation Agency Vehicles, Platforms or in Bus Zones] Sponsors: Chu; Chiu, Mar, Maxwell, Dufty and Mirkarimi Ordinance amending the San Francisco Police Code by consolidating Sections 122 and 123 and amending former Section 123 and Section 1291, to increase from $500 to $1,000 the maximum allowable fine for the crimes of aggressive pursuit and of loitering while carrying a concealed weapon, where the violation occurs on vehicles, platforms or bus zones of the Municipal Transportation Agency, and urging "non-custodial" dispositions for juvenile violators. Ordinance No. 227-10 FINALLY PASSED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Avalos NEW BUSINESS Recommendations of the Budget and Finance Committee 100919 [Authorizing the Sheriff’s Department to Amend its Contract with ARAMARK Correctional Services, LLC for Jail Food Services - Not to Exceed $30,500,000] Resolution authorizing the Sheriff’s Department to retroactively enter into a Third Amendment to the Agreement between the City and County of San Francisco and ARAMARK Correctional Services, LLC, to increase the contract amount from $22,885,229 to an amount not to exceed $30,500,000 and to extend the contract term to June 30, 2012. (Sheriff) (Fiscal Impact.) Resolution No. 407-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 764 Printed at 5:07 pm on 9/14/10 ### [Page 6](https://sfbos.info/documents/2019/2010-08-10-minutes#page-6) Board of Supervisors Meeting Minutes - Final 8/10/2010 100924 [Loan from the Metropolitan Transportation Commission to Expand the Scope of the SFpark Pilot Projects - $22,000,000] Sponsor: Mirkarimi Resolution approving a loan agreement between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and the Metropolitan Transportation Commission for $22,000,000 of Congestion Mitigation and Air Quality Improvement funding to be repaid by the San Francisco Municipal Transportation Agency over a five year period with parking-related revenues. Resolution No. 392-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100930 [Expend Grant - Adopting California Environmental Quality Act Findings and Authorizing Grant Expenditure for Cesar Chavez Sewer System Improvement Project - $477,900] Sponsor: Mayor Resolution adopting findings under the California Environmental Quality Act, CEQA Guidelines, and San Francisco Administrative Code Chapter 31, including the adoption of a mitigation monitoring and reporting program, related to the funding of Project No. CENMSCIC11, Cesar Chavez Sewer System Improvement, directing the Clerk of the Board of Supervisors to notify the Controller of this action, and authorizing the San Francisco Public Utilities Commission to expend a grant in the amount of $477,900 from the U.S. Environmental Protection Agency through the Department of the Interior, Environment, and Related Agencies Appropriation Act of 2006. Resolution No. 411-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100964 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to the Presidio Trust] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the Presidio Trust to provide fire and emergency medical services to portions of the Presidio under the Trust’s jurisdiction, with the Trust reimbursing the Fire Department for those services and to accept and expend funds provided to the Fire Department by the Trust as reimbursement for services provided under that agreement. Resolution No. 396-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 765 Printed at 5:07 pm on 9/14/10 ### [Page 7](https://sfbos.info/documents/2019/2010-08-10-minutes#page-7) Board of Supervisors Meeting Minutes - Final 8/10/2010 100965 [Approval of Contract and Accept and Expend Grant - Fire and Emergency Medical Services to National Park Service Managed Areas] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Fire Department to enter into a ten year agreement with the National Park Service to provide fire and emergency medical services to National Park Service managed areas within San Francisco, with National Park Service reimbursing the Fire Department for those services, and to accept and expend funds provided to the Fire Department by the National Park Service as reimbursement for services provided under that agreement. (Fiscal Impact.) Resolution No. 395-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100966 [Approving the Hiring of Displaced Federal Firefighters] Sponsor: Alioto-Pier Resolution approving the hiring of permanent career civilian federal firefighters displaced by the closure of the National Park Service Fire Station in the Presidio, pursuant to the authority granted by California Government Code Section 53270. Resolution No. 391-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos Recommendations of the Land Use and Economic Development Committee 100434 [Castro Street Neighborhood Commercial District - Conditional Use Requirements for Restaurants and Self-Service Specialty Food Establishments] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by amending Section 715.1 and Sections 715.42, 715.43, 715.44, and 715.69A of the Zoning Control Table to allow new full-service and small self-service restaurants with a conditional use authorization, to permit self-service specialty food establishments as of right, and to prohibit all large fast food establishments; adopting findings, including environmental findings; amending Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 766 Printed at 5:07 pm on 9/14/10 ### [Page 8](https://sfbos.info/documents/2019/2010-08-10-minutes#page-8) Board of Supervisors Meeting Minutes - Final 8/10/2010 101015 [Sewer Line Relocation Agreement with San Francisco State University] Sponsor: Elsbernd Resolution approving and authorizing the Sewer Line Relocation Agreement between the San Francisco Public Utilities Commission, on behalf of the City and County of San Francisco, and San Francisco State University to relocate an existing sanitary sewer and storm drain easement on Assessor’s Block No. 7304-001 (part of the University campus) and portions of Font Boulevard and Lake Merced Boulevard in San Francisco; adopting findings pursuant to the California Environmental Quality Act; adopting findings that the Relocation Agreement is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. Resolution No. 394-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Chu, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to Presidio Knolls Preschool in recognition of their thriving mandarin immersion pre-school in the Cow Hollow area. Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to LaVaughn Kellum King in recognition of her accomplishments on the Mental Health Board and continued community support. Supervisor Chu introduced, welcomed, and presented a Certificate of Honor to Dave Dinslage of the Recreation and Park Department in recognition of his 38 years of service upon his retirement. Anita Ayala, Lollita Chow, and Male Speaker shared in his commendation. City and County of San Francisco Page 767 Printed at 5:07 pm on 9/14/10 ### [Page 9](https://sfbos.info/documents/2019/2010-08-10-minutes#page-9) Board of Supervisors Meeting Minutes - Final 8/10/2010 COMMITTEE REPORTS Recommendations of the Rules Committee 100954 [Settlement of Lawsuit - Ricardo Rodriguez - $30,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Rodriguez against the City and County of San Francisco for $30,000; the lawsuit was filed on February 19, 2009, in San Francisco Superior Court, Case No. CGC09-485133; entitled Ricardo Rodriguez v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100955 [Settlement of Lawsuit - Stanislaus Imports - $245,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Stanislaus Imports against the City and County of San Francisco for $245,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100956 [Settlement of Lawsuit - Monte and Joanne Stott and Stott and Associates, Inc. - $32,000] Ordinance authorizing settlement of the portion of the lawsuit filed by Monte and Joanne Stott and Stott and Associates, Inc. against the City and County of San Francisco for $32,000; the lawsuit was filed on January 31, 2005, in San Francisco Superior Court, Case No. 436930; entitled Jane Martin, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100957 [Settlement of Lawsuit - Yanick Constant - $32,500] Ordinance authorizing settlement of the lawsuit filed by Yanick Constant against the City and County of San Francisco for $32,500; the lawsuit was filed on April 21, 2008, in San Francisco Superior Court, Case No. 474485; entitled Yanick Constant v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 768 Printed at 5:07 pm on 9/14/10 ### [Page 10](https://sfbos.info/documents/2019/2010-08-10-minutes#page-10) Board of Supervisors Meeting Minutes - Final 8/10/2010 100958 [Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000] Ordinance authorizing settlement of the lawsuit filed by Icenogle IMR Joint Venture against the City and County of San Francisco for $1,330,000; the lawsuit was filed on September 24, 2007, in San Francisco County Superior Court, and subsequently transferred to Alameda County Superior Court, Case No. RG08391219; entitled Icenogle IMR Joint Venture v. City and County of San Francisco, et al.; other material terms of said settlement are: (1) mutual releases except for latent defects, (2) dismissal of all complaints and cross-complaints with prejudice, (3) each side to bear its own attorneys fees and costs, and (4) plaintiff to be responsible for resolving outstanding stop notices. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100960 [Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against Underground Construction Co., et al. by accepting the payment of $29,000 to the City and County of San Francisco; $23,200 from Underground Construction Co. and $5,800 from State Farm; the lawsuit was filed on February 24, 2009, in San Francisco Superior Court, Case No. CGC-09-485059; entitled City and County of San Francisco, et al., v. Underground Construction Co., et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100994 [Appointment, Municipal Transportation Agency Board of Directors - Cheryl Brinkman] Resolution confirming the appointment of Cheryl Brinkman to the Municipal Transportation Agency Board of Directors, for the term ending March 1, 2014. (Mayor) Resolution No. 405-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100996 [Reappointment, Board of Appeals - Michael Garcia] Motion approving the Mayor’s reappointment of Michael Garcia to the Board of Appeals, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.106 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 - 7/13/10.) Motion No. M10-127 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 769 Printed at 5:07 pm on 9/14/10 ### [Page 11](https://sfbos.info/documents/2019/2010-08-10-minutes#page-11) Board of Supervisors Meeting Minutes - Final 8/10/2010 100998 [Reappointment, Entertainment Commission - John Newlin] Motion approving the Mayor’s nomination for reappointment of John Newlin to the Entertainment Commission, for the term ending July 1, 2014. (Clerk of the Board) (Section 4.117 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 - 7/20/10.) Motion No. M10-128 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos Recommendations of the City Operations and Neighborhood Services Committee 100155 [Liquor License Transfer - 612 Kearny Street] Resolution determining that the transfer of a Type 21 Off-Sale General Liquor License from 605 Kearny Street to 612 Kearny Street (District 3) to David C. Huang for David’s Food Store will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 412-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100914 [Liquor License Transfer - 690 Stanyan Street] Resolution determining that the transfer of a Type 20 Off-Sale Beer and Wine Liquor License from 880 Harrison Street to 690 Stanyan Street (District 5) to Joseph N. Rogoff for Whole Foods Market California Inc., dba Whole Foods Market will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 413-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 770 Printed at 5:07 pm on 9/14/10 ### [Page 12](https://sfbos.info/documents/2019/2010-08-10-minutes#page-12) Board of Supervisors Meeting Minutes - Final 8/10/2010 101064 [Accept and Expend Gift - Recreation and Park Department Buena Vista Park - $164,760] Sponsor: Dufty Resolution authorizing the Recreation and Park Department to retroactively accept and expend a gift-in-place valued at $164,760 from the San Francisco Conservation Corps to rehabilitate trails and retaining walls at Buena Vista Park. Resolution No. 397-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 101074 [Accept and Expend Grant - Palace of Fine Arts Historical Landscape and Park Improvements - $500,000] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Recreation and Park Department to accept and expend a grant administered by the California State Library California Cultural and Historical Endowment in the amount of $500,000 for the Palace of Fine Arts historical landscape and park improvement. Resolution No. 414-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos Recommendations of the Land Use and Economic Development Committee 100971 [Accept and Expend Grant - Lowe’s Local Hiring Agreement - $750,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $750,000 from Lowe’s HIW, Inc., to plan and manage an employment program. Resolution No. 390-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100972 [Accept and Expend Grant - Office of Economic and Workforce Development - Green Jobs - $400,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $400,000 from Wal-Mart Foundation to plan and manage an employment program. Resolution No. 401-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos City and County of San Francisco Page 771 Printed at 5:07 pm on 9/14/10 ### [Page 13](https://sfbos.info/documents/2019/2010-08-10-minutes#page-13) Board of Supervisors Meeting Minutes - Final 8/10/2010 100973 [Accept and Expend Grant - Office of Economic and Workforce Development - California’s Low Income Energy Efficiency Program - $100,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $100,000 from the California Public Utilities Commission to support CityBuild’s implementation of California’s Low Income Energy Efficiency Program in San Francisco. Resolution No. 400-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 100974 [Accept and Expend Grant - Office of Economic and Workforce Development - CityBuild Program - $200,000] Sponsors: Mayor; Maxwell Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $200,000 from the Evelyn and Walter Haas, Jr., Fund to support the CityBuild Program. Resolution No. 399-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos 101011 [Accept and Expend Grant - Diesel Emissions Reduction Act - Pier 27 Shoreside Power - $1,000,000] Sponsors: Alioto-Pier; Chiu Resolution authorizing the San Francisco Port Commission to accept and expend a grant from the U.S. Environmental Protection Agency in the amount of $1,000,000 under the Diesel Emissions Reduction Act, to assist in the installation of a shoreside power facility for cruise ships at Pier 27. Resolution No. 406-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Supervisor Alioto-Pier was noted absent at 2:42 p.m., and was noted present at 2:56 p.m. Supervisor Daly was noted absent at 2:46 p.m., and was noted present at 3:25 p.m. Supervisor Mar was noted absent at 2:58 p.m., and was noted present at 3:07 p.m. City and County of San Francisco Page 772 Printed at 5:07 pm on 9/14/10 ### [Page 14](https://sfbos.info/documents/2019/2010-08-10-minutes#page-14) Board of Supervisors Meeting Minutes - Final 8/10/2010 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library and public comment. Ernestine Weiss; expressed concerns relating to public advertising. Paulette Brown; expressed concerns relating to human services and solving child homicides and violence in the community. Mattie Scott; expressed concerns relating to funding for The Health Circle. Ray Hartz; expressed concerns relating to government. Walter Paulson; shared in song certain concerns with the Board. Jamie Whitaker; expressed concerns relating to bocce courts in Justin Herman Plaza. Female Speaker; expressed concerns relating to funding for youth training. Arletta Jackson; expressed concerns relating to foster care funding. Tony Serta; expressed concerns relating to acknowledgement for Indigenous People of San Francisco. Carla; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Luther Candelaria; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Desiree; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Lilly Wyatt; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Male Speaker; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Jeff Gonzalez; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Rose Estrata; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Sophie; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Ewen McClain; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Ann Marie Sayers; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Mary Jean Robertson; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Michelle Lee; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Richard Sandrell; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Male Speaker; expressed concerns relating to acknowledgement of Indigenous People of San Francisco. Adelle Wilson; expressed concerns relating to public access. Ace Washington; expressed concerns relating to acknowledgement of African-American people of San Francisco. David Miles; expressed concerns relating to bocce courts in Justin Herman Plaza. Mike Rocco; spoke regarding the City Hall Fellows project. Catherine Howard; expressed concerns relating to public process. City and County of San Francisco Page 773 Printed at 5:07 pm on 9/14/10 ### [Page 15](https://sfbos.info/documents/2019/2010-08-10-minutes#page-15) Board of Supervisors Meeting Minutes - Final 8/10/2010 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 101067 [Supporting Assembly Bill 2324 Regarding Public Transit Facilities] Sponsors: Chu; Chiu and Mar Resolution supporting Assembly Bill 2324 regarding Public Transit Facilities, making it a misdemeanor for any person to knowingly possess specified weapons at a public transit vehicle facility. Resolution No. 403-10 ADOPTED 101068 [Declaring August 18, 2010, as San Francisco HIV Health Services Planning Council Day] Sponsors: Dufty; Campos Resolution declaring August 18, 2010, as San Francisco HIV Health Services Planning Council Day in San Francisco. Resolution No. 416-10 ADOPTED 101076 [Apply For State Used Oil Payment Program] Sponsor: Mayor Resolution authorizing the Department of the Environment to apply for the annual Used Oil Payment Program from the California Department of Resources Recycling and Recovery for the purpose of increasing Used Motor Oil Recycling. Resolution No. 404-10 ADOPTED 101077 [Federal Emergency Operations Center Grant Administered by California Emergency Management Agency] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco, a public entity established under the laws of the State of the California, any applications or agreements and to take any actions necessary to obtain federal financial assistance through the federal Emergency Operations Center grant administered by the California Emergency Management Agency. Resolution No. 415-10 ADOPTED City and County of San Francisco Page 774 Printed at 5:07 pm on 9/14/10 ### [Page 16](https://sfbos.info/documents/2019/2010-08-10-minutes#page-16) Board of Supervisors Meeting Minutes - Final 8/10/2010 101069 [Waiving Board Rule 4.29 of the Rules of Order to Schedule Public Hearing(s) on Appeal(s) at 2:30 p.m. instead of 4:00 p.m. at the September 7, 2010, Board Meeting] Motion waiving Board Rule 4.29 of the Rules of Order of the Board of Supervisors to provide that public hearing(s) on appeal(s) shall be scheduled at 2:30 p.m. rather than 4:00 p.m. at the September 7, 2010, Board meeting. (Clerk of the Board) Motion No. M10-129 APPROVED 101078 [Final Map 3668 - 805 Rutland Street and 199 Leland Avenue] Motion approving Final Map 3668, a Six Residential Unit and One Commercial Unit Mixed-Use Condominium Project, located at 805 Rutland Street and 199 Leland Avenue being a subdivision of Lot No. 016 in Assessors Block No. 6251 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-130 APPROVED 101080 [Final Map 5785 - 5800 Third Street] Motion approving Final Map 5785, a Three Lot Subdivision, Lot 1 being a 142 Unit Mixed-Use Condominium Project and Lot 2 being a 102 Unit Residential Condominium Project, located at 5800 Third Street being a subdivision of Lot No. 001 in Assessors Block No. 5431A and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-131 APPROVED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos Severed from the For Adoption Without Committee Reference Agenda Supervisor Chiu requested that File No. 101070 be severed so that it may be considered separately. 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. REFERRED to the Land Use and Economic Development Committee City and County of San Francisco Page 775 Printed at 5:07 pm on 9/14/10 ### [Page 17](https://sfbos.info/documents/2019/2010-08-10-minutes#page-17) Board of Supervisors Meeting Minutes - Final 8/10/2010 Supervisor Maxwell requested that File No. 101081 be severed so that it may be considered separately. 101081 [Candlestick Point - Hunters Point Shipyard Phase II Development Project - Involvement of Ohlone and other Native American Peoples] Sponsors: Maxwell; Mar and Campos Resolution urging the City Planning Department and Redevelopment Agency to establish specific protocols for ongoing collaboration with representatives of the Ohlone Peoples and other Native American groups for the redevelopment of Candlestick Point and the Hunters Point Shipyard. Supervisors Mar and Campos requested to be added as co-sponsors. Resolution No. 402-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Avalos IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 101091 [Planning Code - Requiring Conditional Use Authorization for "Other Entertainment Uses" in the Van Ness Avenue Special Use District] Sponsor: Alioto-Pier Ordinance amending Section 243 of the San Francisco Planning Code to require conditional use authorization for "Other Entertainment Uses" in the Van Ness Avenue Special Use District; adopting findings, including findings under Section 302 of the Planning Code, environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010. 101092 [Task Force on Police/Sheriff Consolidation] Sponsor: Daly Ordinance amending the San Francisco Administrative Code by adding Chapter 46, Sections 46.1 though 46.5, to: (1) create a Task Force on Police/Sheriff Consolidation to make recommendations to the Board of Supervisors regarding whether to transfer the Police Department's functions, assets, and operations to the Sheriff; provide for the Task Force's membership, organization, and duties; and (2) set a sunset date for the Task Force. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/9/2010. City and County of San Francisco Page 776 Printed at 5:07 pm on 9/14/10 ### [Page 18](https://sfbos.info/documents/2019/2010-08-10-minutes#page-18) Board of Supervisors Meeting Minutes - Final 8/10/2010 101093 [Zoning - South of Market Youth and Family Special Use District] Sponsor: Daly Ordinance amending the San Francisco Planning Code by amending Section 249.40A concerning the South of Market (SoMa) Youth and Family Special Use District, bounded generally by Natoma Street on the north, Harrison Street on the south, 4th Street on the east, and 7th Street on the west, to require that all projects containing 5 or more dwelling units be subject to the Tier C affordable housing requirements established in the Eastern Neighborhoods Plan; and adopting environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1(b). 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010. 101094 [Child Care Centers for City Projects and City-Funded Private Projects] Sponsors: Dufty; Alioto-Pier Ordinance amending the San Francisco Administrative Code by adding Chapter 29B to require a City agency, or a private developer that receives City funds for a development project, as defined, to prepare a feasibility study for providing an on-site child care center whenever it plans to construct or purchase a building, lease more than 50 percent of space in a private building for an initial term of more than one year, or alter more than 50 percent of the space in an existing building; adopting findings, including environmental findings. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010. 101095 [Planning Code - Affordable Housing Program Exemption for Qualified Student Housing] Sponsor: Dufty Ordinance amending the Residential Inclusionary Affordable Housing Program, Planning Code Sections 415 et seq. to exempt certain Qualified Student Housing Projects, as defined, if the project meets certain requirements; and making findings including environmental findings. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010. 101096 [Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items] Sponsors: Mar; Campos and Chiu Ordinance amending Article 8 of the San Francisco Health Code by adding Sections 471.1 through 471.8, to set nutritional standards for restaurant food sold accompanied by toys or other youth focused incentive items. 08/10/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 9/9/2010. 101097 [Creation and Operation of Reentry Court] Sponsor: Mirkarimi Ordinance amending Administrative Code Chapter 5, Article I, Section 5.1-4, to require the Reentry Council to collaborate with the Superior Court on the creation and operation of a Reentry Court to divert parolees and probationers from prison and to promote the successful transition of parolees and probationers into the community and to require certain City departments to create a plan to provide supportive services in conjunction with the Reentry Court, and amending Section 5.1-6, to extend the date of sunset for the Reentry Council until June 1, 2012. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 9/9/2010. City and County of San Francisco Page 777 Printed at 5:07 pm on 9/14/10 ### [Page 19](https://sfbos.info/documents/2019/2010-08-10-minutes#page-19) Board of Supervisors Meeting Minutes - Final 8/10/2010 101098 [Electronic Distribution of Multi-Page Documents] Sponsor: Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Sections 1.56 and 8.12.4, adding Section 8.12.5, and re-numbering Section 8.12-1 as 8.13, to provide for the electronic distribution of documents more than 10 pages long prepared by City departments. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/9/2010. City and County of San Francisco Page 778 Printed at 5:07 pm on 9/14/10 ### [Page 20](https://sfbos.info/documents/2019/2010-08-10-minutes#page-20) Board of Supervisors Meeting Minutes - Final 8/10/2010 101099 [Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration] Sponsors: Mirkarimi; Dufty Ordinance amending: (1) the San Francisco Business and Tax Regulations Code by: (a) repealing Sections 6.11-4, 6.14-1, and 6.18-4 and amending Sections 6.1-1, 6.2-8, 6.2-9, 6.2-13, 6.2-15, 6.2-17, 6.2-18, 6.2-21, 6.4-1, 6.5-2, 6.6-1, 6.7-1, 6.7-2, 6.8-1, 6.9-1, 6.9-2, 6.9-3, 6.9-4, 6.9-5, 6.10-1, 6.10-2, 6.10-3, 6.11-1, 6.11-2, 6.11-3, 6.12-2, 6.12-5, 6.13-1, 6.13-3, 6.13-5, 6.13-6, 6.15-1, 6.15-2, 6.15-3, 6.15-4, 6.16-1, 6.17-1, 6.17-2, 6.17-3, 6.17-4, 6.18-1, 6.18-2, 6.18-3, 6.18-5, 6.19-1, 6.19-3, 6.19-4, 6.19-5, 6.19-6, 6.19-9, 6.21-1, and 6.22-1 of Article 6 (Common Administrative Provisions), to eliminate inconsistent and superseded cross-references, prohibit an operator from engaging in business without a certificate of authority, require annual renewal of a certificate of authority to collect third-party taxes, authorize the Tax Collector to revoke an operator's business registration certificate and certificate of authority for failure to collect and remit taxes, failure to comply with specific provisions of the Business and Tax Regulations Code and Police Code, failure to install and maintain revenue control equipment, or refusal to comply with the direction regarding trust accounts, increase bond requirements for parking station operators, authorize the Tax Collector to issue a deficiency determination or jeopardy determination against a parking operator's bond surety, deem the filing an incomplete tax return failure to file a return, clarify that a tax exempt entity is not relieved from its existing duty to collect and remit third-party taxes, require that within 15 days after the cessation of business each taxpayer file a return for the period, eliminate the use of estimated prepayments and instead require hotel and parking operators to remit the actual tax owed each month, permit the Tax Collector to independently determine the taxpayer's estimated tax liability for purposes of making a prepayment, increase the threshold amount for small firm prepayments from $2,500 to $3,750 establish the "pooled rate" as the applicable rate of interest on cash security returned to a taxpayer, provide for service of notice of a tax delinquency or determination on anyone in the State of California, clarify the date by which a deficiency determination must be served on a taxpayer, permit the Tax Collector to seek summary judgment immediately upon serving notice of a jeopardy determination on the taxpayer, establish the security necessary to stay enforcement of a jeopardy assessment, provide that any ground that is not asserted in the taxpayer's petition for redetermination is deemed waived in a later judicial proceeding to collect the specified tax, establish the procedure for increasing the amount of a determination, specify that in order to exhaust administrative remedies prior to seeking judicial relief taxpayer must state all grounds supporting redetermination in its petition to the Tax Collector and the Claim for Refund must be denied or deemed denied, clarify the proper party to seek a tax refund, provides for interest to the date of the refund if a refund is applied toward a future liability, clarify the statute of limitations period for filing suit if no notice that the Claim has been denied is served on the Taxpayer, clarify that a refund action is the only judicial remedy available to an aggrieved taxpayer, increase penalties for failure to file a return, clarify the law that determines the interest rate and enforcement procedures for summary judgments, include additional costs in the cost to enforce judgments, authorize the Tax Collector to seek an injunction to prohibit a person from doing business without a certificate of authority or business registration certificate, add additional violations, increase penalty amounts, and amend the procedure for issuing administrative citations, increase the maximum penalty amount imposed by administrative citation from $5,000 to $25,000 annually, authorize the Tax Collector to share taxpayer information with other public agencies for appropriate purposes, and reword various sections without substantive change; (b) amending Sections 604 of Article 9 (Tax on Occupancy of Parking Space in Parking Stations), 713 of Article 10 (Utility Users Tax), and 859 of Article 12 (Business Registration), to lengthen the time period that service suppliers must preserve records from 4 years to 5 years, and reword various sections without substantive change; (c) repealing Sections 608 through 608.8 of Article 9 (Tax on Occupancy of Parking Space in Parking Stations); and (2) the San Francisco Administrative Code by amending Section 10.80-2 of Article XIII (Funds), Chapter 10 (Finance, Taxation, and Other Fiscal Matters), to correct references to the California Government Code. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/9/2010. City and County of San Francisco Page 779 Printed at 5:07 pm on 9/14/10 ### [Page 21](https://sfbos.info/documents/2019/2010-08-10-minutes#page-21) Board of Supervisors Meeting Minutes - Final 8/10/2010 101100 [Adding to the Definition of "Control" - Revising the Enforcement Authority of the Business and Tax Code] Sponsors: Mirkarimi; Dufty Ordinance amending Article 22 of the Business and Tax Regulations Code by amending Sections 2201 through 2210, 2215, 2216, 2218, 2220, 2225, 2226, 2229, 2230, 2232, 2233, and repealing Sections 2217, 2223, 2224, and 2237, to establish a presumption that certain operators, signatories and owners control the business affairs of the parking station; revise the Enforcing Agency's authority to permit the use of all authority granted by law and by Article 6 of this Code; and making other nonsubstantive changes. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/9/2010. 101101 [Election Day Voter Registration Procedures] Sponsor: Mirkarimi Ordinance amending the San Francisco Municipal Elections Code by adding Article X, Sections 1000-1030 to establish procedures for Election Day Voter Registration and Late Voter Registration. (Fiscal Impact.) 08/10/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 9/9/2010. 101102 [Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000] Sponsor: Mayor Ordinance authorizing the Department of Emergency Management to retroactively accept and expend a grant in the amount of $231,000 from California Volunteers for the grant period of 18 months following passage of the FY2010-2011 California State Budget for volunteer management and training; amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one Class 5277 Planner I at the San Francisco Fire Department. 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101103 [Appropriating $2,200,000 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010] Sponsor: Mayor Ordinance appropriating $2,200,000 of General Fund Reserve to fund indigent defense expenses associated with increased felony caseloads in the Superior Court for FY2009-2010, requiring a two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco Charter Section 9.113. (Fiscal Impact.) 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101104 [Public Employment - Department of the Environment] Sponsor: Mayor Ordinance amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of three positions; one (1) Class 5638 Environmental Assistant, one (1) Class 5640 Environmental Specialist, one (1) Class 5644 Environmental Manager in the Department of the Environment. 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 780 Printed at 5:07 pm on 9/14/10 ### [Page 22](https://sfbos.info/documents/2019/2010-08-10-minutes#page-22) Board of Supervisors Meeting Minutes - Final 8/10/2010 101105 [Existing Commercial Buildings Energy Performance Ordinance] Sponsors: Mayor; Dufty Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2000 through 2008, to adopt the San Francisco Existing Commercial Buildings Energy Performance Ordinance, requiring owners of nonresidential buildings to conduct Energy Efficiency Audits of their properties and file Annual Energy Benchmark Summaries for their buildings, and making environmental findings. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010. Resolutions 101106 [Interim Zoning Controls for the Van Ness Avenue Special Use District] Sponsor: Alioto-Pier Resolution imposing interim zoning controls to require Conditional Use authorization for "Other Entertainment Uses" within the Van Ness Avenue Special Use District; and making findings, including findings of consistency with the priority policies of Planning Code Section 101.1 and environmental findings. 08/10/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101107 [Management Agreement for the Harding Park Golf Course] Sponsor: Elsbernd Resolution authorizing the Recreation and Park Department General Manager to enter into an agreement with Tournament Players Club of California, Inc., for management of clubhouse and golf operations at the Harding Park and Fleming Golf Courses, excluding course maintenance operations (Management Agreement), from October 1, 2010, to December 31, 2019, pursuant to San Francisco Charter Section 9.118, with the right to extend the term to coincide with any extension of the Master Tournament Agreement between the City and County of San Francisco and PGA Tour, Inc. (Fiscal Impact.) 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101108 [Accept and Expend Grant - Remediation and Demolition of Drydock No. 1 - $3,000,000] Sponsor: Mayor Resolution authorizing the San Francisco Port Commission to accept and expend a grant from the U.S. Department of Defense, Office of Economic Adjustment in the amount of $3,000,000 for Remediation and Demolition of the Port’s Drydock No. 1. 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 781 Printed at 5:07 pm on 9/14/10 ### [Page 23](https://sfbos.info/documents/2019/2010-08-10-minutes#page-23) Board of Supervisors Meeting Minutes - Final 8/10/2010 101109 [State Contract Funds for Substance Abuse Treatment - $60,402,780] Sponsor: Mayor Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services (DPH-CBHS) to enter into a Combined Net Negotiated Amount and Drug Medi-Cal Agreement with the State of California Department of Alcohol and Drug Programs (DADP) for the term of July 1, 2010, through June 30, 2013, in the amount of $60,402,780 and for the term of July 1, 2010, through June 30, 2011, in the amount of $20,134,260 as a condition of receiving state funds and Drug Medi-Cal reimbursement for substance abuse treatment and prevention; holding DADP harmless from any and all claims resulting from the agreement; authorizing and designating the DPH County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Fiscal Impact.) 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101110 [Accept and Expend Grant - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500] Sponsor: Mayor Resolution authorizing the Airport Commission to execute an Other Transaction Agreement with the Federal Aviation Administration (FAA) for the Replacement Airport Traffic Control Tower and FAA Offices in the amount not to exceed $79,982,500 and retroactively accept and expend federal funds. 08/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101111 [Application for Grant - Augmenting the Greening and Storm Water Features of the Cesar Chavez Street Redesign Project] Sponsor: Campos Resolution authorizing the San Francisco Planning Department to apply for a grant from the State of California Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) to augment the greening and storm water features of the Cesar Chavez Street Redesign Project. 08/10/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101112 [Accept and Expend Grant - Web Based Recycling, Reuse, and Disposal Options - $25,000] Sponsor: Mayor Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $25,000 from the County of Alameda to serve as the lead in the creation a web-based application that enables the public to easily find accurate information about nearby recycling, reuse, and disposal options. 08/10/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 782 Printed at 5:07 pm on 9/14/10 ### [Page 24](https://sfbos.info/documents/2019/2010-08-10-minutes#page-24) Board of Supervisors Meeting Minutes - Final 8/10/2010 101113 [Application for Grant - Construction of HillPoint Park Open Space Project] Sponsors: Mayor; Maxwell Resolution approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River, and Coastal Protection Bond Act of 2006 (Proposition 84) for construction of the HillPoint Park Open Space Project. 08/10/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101114 [Application for Grant - Strategic Growth Council Sustainable Communities - Greenway Network Plan] Sponsor: Mayor Resolution authorizing the San Francisco Planning Department to apply for a planning grant from the State of California Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River, and Coastal Protection Bond Act of 2006 (Proposition 84) to complete a Greenway Network Plan. 08/10/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101115 [Directing Controller to Prepare an Infrastructure Financing Plan] Sponsor: Mayor Resolution authorizing and directing the Controller and his designee to prepare a report for Infrastructure Financing District No. 1 (Rincon Hill Area) and determining other matters related thereto. 08/10/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101116 [Resolution of Intention to Establish an Infrastructure Financing District] Sponsor: Mayor Resolution of Intention to establish an Infrastructure Financing District No. 1 (Rincon Hill Area) to finance the construction and/or acquisition of capital improvements in the Rincon Hill area; to call a public hearing on the formation of the district and to provide public notice thereof and other matters related thereto. 08/10/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. 08/03/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 08/10/10; REFERRED to Land Use and Economic Development Committee. Introduced by the President at the Request of the Department PROPOSED ORDINANCE City and County of San Francisco Page 783 Printed at 5:07 pm on 9/14/10 ### [Page 25](https://sfbos.info/documents/2019/2010-08-10-minutes#page-25) Board of Supervisors Meeting Minutes - Final 8/10/2010 101051 [Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center] Ordinance authorizing the San Francisco Department of Public Works to implement an alternative bid process for construction trade packages and to award contracts for construction services, for the renovation of and capital improvements to the Moscone Convention Center. (Public Works Department) 07/30/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/9/2010. City and County of San Francisco Page 784 Printed at 5:07 pm on 9/14/10 ### [Page 26](https://sfbos.info/documents/2019/2010-08-10-minutes#page-26) Board of Supervisors Meeting Minutes - Final 8/10/2010 Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 751 Webster 749 Webster 597 Haight 524 Haight 506 Haight 537 Haight 798 Haight 597 Haight 771 Haight 800 Haight 868 Haight 501 and 573 Fillmore City and County of San Francisco Page 785 Printed at 5:07 pm on 9/14/10 ### [Page 27](https://sfbos.info/documents/2019/2010-08-10-minutes#page-27) Board of Supervisors Meeting Minutes - Final 8/10/2010 From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Wood Pole Northeast corner of Fillmore and Oak (near bus stop) Metal Poles In front of 222 Fillmore In front of 232 Fillmore Southwest corner of Fillmore and Waller Southwest corner of Haight and Fillmore Southwest corner of Hayes and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations: Utility Box South of 530 Fillmore Bus Shelters Southwest corner of Fillmore and Hayes Northeast corner of Laguna and Fulton Fillmore and Haight (all 4 bus stops, graffiti and grime on canopies) From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following locations: Garbage Cans Northeast corner of Fillmore and Oak Northeast corner of Hayes and Fillmore On Haight between Central and Masonic, south side of street, in front of the Chinese Immersion School Mailbox Northwest corner of McAllister and Steiner From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following location: On Turk Street, south of Fillmore From: Supervisor Chu To: Municipal Transportation Agency Requesting/Inquiring: Requesting that the Municipal Transportation Agency research the feasibility of amending Transportation Code 7.2.84 to address the issue of visibility at major traffic intersections. City and County of San Francisco Page 786 Printed at 5:07 pm on 9/14/10 ### [Page 28](https://sfbos.info/documents/2019/2010-08-10-minutes#page-28) Board of Supervisors Meeting Minutes - Final 8/10/2010 In Memoriam Mechthild Schroer - Entire Board ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:53 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on September 14, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 787 Printed at 5:07 pm on 9/14/10