# Board of Supervisors Minutes: September 14, 2010 - Meeting date: 2010-09-14 - Document type: minutes - Source format: PDF - Extracted pages: 34 - [Canonical HTML transcript](https://sfbos.info/documents/2021/2010-09-14-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m091410.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100900: Approval of Amendment No. 1 of Lease, Use, and Operating Agreement for BART Station and Related Facilities and Grant Easement at San Francisco International Airport, Lease No. L97-0081 - Pages: 2-3 ### File 101002: Airport Concession Lease with Host International, Inc. - Pages: 3 ### File 101109: State Contract Funds for Substance Abuse Treatment - $60,402,780 - Pages: 3 - Sponsors: Mayor ### File 100434: Castro Street Neighborhood Commercial District - Conditional Use Requirements for Restaurants and Self-Service Specialty Food Establishments - Pages: 3 - Sponsors: Dufty ### File 100954: Settlement of Lawsuit - Ricardo Rodriguez - $30,000 - Pages: 3-4 ### File 100955: Settlement of Lawsuit - Stanislaus Imports - $245,000 - Pages: 4 ### File 100956: Settlement of Lawsuit - Monte and Joanne Stott and Stott and Associates, Inc. - $32,000 - Pages: 4 ### File 100957: Settlement of Lawsuit - Yanick Constant - $32,500 - Pages: 4 ### File 100958: Settlement of Lawsuit - Icenogle IMR Joint Venture - $1,330,000 - Pages: 4 ### File 100960: Settlement of Lawsuit - CCSF v. Underground Construction Co., et al. - City to Receive - $29,000 - Pages: 4-5 ### File 101000: Appointment, Veteran Affairs Commission - Anthony Alfidi - Pages: 5 - Vote 1: approval, likely final - Action: 101000 [Appointment, Veteran Affairs Commission - Anthony Alfidi] Motion appointing Anthony Alfidi, term ending January 31, 2012, to the Veterans Affairs Commission. (Clerk of the Board) Anthony Alfidi, seat 3, succeeding Wallace Levin, resigned, must be an at-large appointment, for the unexpired portion of a four-year term ending January 31, 2012. Motion No. M10-132 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101004: Lease and License of Real Property at 1 Dr. Carlton B. Goodlett Place, Ground Floor Café and North Light Court - Pages: 5 - Vote 1: continuance - Action: 101004 [Lease and License of Real Property at 1 Dr. Carlton B. Goodlett Place, Ground Floor Café and North Light Court] Resolution authorizing the lease of 1,426 square feet of space, a license of 2,400 square feet and the shared use space of 1,360 square feet to the Elias M. Nasra and Family Partnership, a California general partnership, in City Hall located at 1 Dr. Carlton B. Goodlett Place. (Real Estate Department) Supervisor Mar, seconded by Supervisor Daly, moved that this Resolution be CONTINUED to September 21, 2010. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell ### File 101063: California Constitution Appropriations Limit FY2010-2011 - Pages: 5-6 - Sponsors: Avalos - Vote 1: adoption, likely final - Action: 101063 [California Constitution Appropriations Limit FY2010-2011] Sponsor: Avalos Resolution establishing the appropriations limit for FY2010-2011 pursuant to California Constitution Article XIII B. (Fiscal Impact.) Resolution No. 426-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101059: Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011 - Pages: 6 - Sponsors: Avalos - Vote 1: first-reading - Action: 101059 [Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101058: Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011 - Pages: 6 - Sponsors: Avalos - Vote 1: first-reading - Action: 101058 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for City and County purposes and establishing a pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101060: Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011 - Pages: 6 - Sponsors: Avalos - Vote 1: first-reading - Action: 101060 [Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101061: Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011 - Pages: 6 - Sponsors: Avalos - Vote 1: first-reading - Action: 101061 [Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101102: Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000 - Pages: 6-7 - Sponsors: Mayor - Vote 1: first-reading - Action: 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. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: other - Action: City and County of San Francisco Page 792 Printed at 4:32 pm on 12/14/10 Board of Supervisors Meeting Minutes 9/14/2010 From the Budget and Finance Committee Without Recommendation Supervisor Alioto-Pier Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Alioto-Pier be excused from voting on File No. 100865. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier ### File 100865: Establishing an Alcohol Cost Recovery Fee - Pages: 7-8 - Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos - Vote 1: amendment - Action: and certain other persons who distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's alcohol-attributable unreimbursed health costs, and; 2) fund administration costs. Supervisors Daly and Campos requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED to: (1) Amend Section 106.7(a) to clarify that where a wholesaler sells alcoholic beverages to a retailer at a location outside the City, and the retailer then resells those beverages at a location within the City, the retailer would be responsible for paying the fee in those circumstances unless it can demonstrate that the Wholesaler already paid the fee for those beverages; (2) Add a new subsection (a) to Section 106.16 that would authorize the Controller to adjust the fee annually to reflect changes in the Consumer Price Index; and (3) Amend Section 106.16 to provide that, pursuant to the Controller's biannual review of the fee, the Controller would be authorized to decrease the fee in order to ensure the City does not recover more than its eligible costs, but not increase the fee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 2: amendment - Action: Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED to: (1) Add a new subsection (f) to Section 106.7 regarding quarterly exclusion up to $1,000; and (2) Add language to Section 106.10(b) to clarify that the Tax Collector shall promulgate rules to implement the quarterly exclusion. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Chu, Dufty, Elsbernd - Excused: Alioto-Pier ### File 100880: Landmark Tree Designation of Redwood Tree Located at 46 Stillings Avenue - Pages: 8 - Sponsors: Dufty; Daly - Vote 1: first-reading - Action: 100880 [Landmark Tree Designation of Redwood Tree Located at 46 Stillings Avenue] Sponsors: Dufty; Daly Ordinance designating the redwood tree (sequoia sempervirens) located at 46 Stillings Avenue (Assessor’s Block No. 6734, Lot No. 023) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Supervisor Daly requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101005: Exceptions to Seismic Safety Loan Program Requirements to Allow for a $15,000,000 Loan to Arlington Residence - 480 Ellis Street - Pages: 8 - Sponsors: Chu; Alioto-Pier - Vote 1: first-reading - Action: 101005 [Exceptions to Seismic Safety Loan Program Requirements to Allow for a $15,000,000 Loan to Arlington Residence - 480 Ellis Street] Sponsors: Chu; Alioto-Pier Ordinance approving exceptions to requirements of the Seismic Safety Loan Program pursuant to San Francisco Administrative Code Sections 66 and 66A and the Program Regulations, dated May 2006, adopted by the Board of Supervisors through Ordinance No. 122-06, to allow for a $15,000,000 Seismic Safety Loan Program loan for an existing affordable housing project at the Arlington Residence, 480 Ellis Street, San Francisco, California. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100870: Establishing an Area Plan Infrastructure Finance Committee - Pages: 8-9 - Sponsors: Maxwell - Vote 1: adoption, likely final - Action: 100870 [Establishing an Area Plan Infrastructure Finance Committee] Sponsor: Maxwell Resolution establishing an Area Plan Infrastructure Finance Committee to supervise a consultant study to develop policy criteria and recommendations on the use of Infrastructure Finance Districts (IFDs) in newly adopted area plans, including within the Eastern Neighborhoods Area Plans, to determine the appropriate steps to form IFDs, and to supervise the formation of a pilot Infrastructure Finance District in Rincon Hill. Resolution No. 432-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100472: Access Appeals Commission - Notice to the Mayor's Office of Disability - Pages: 9 - Sponsors: Alioto-Pier - Vote 1: first-reading - Action: 100472 [Access Appeals Commission - Notice to the Mayor's Office of Disability] Sponsor: Alioto-Pier Ordinance amending the San Francisco Building Code by adding Section 105A.3.10 to require that an agenda and packet of materials for each matter to be decided by the Access Appeals Commission shall be sent to the Mayor's Office of Disability at the same time and in the same manner as they are sent to the Commission members. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: rescission - Action: Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd - Vote 3: first-reading - Action: Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 19, 2010. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 091408: Approving Settlement of Unlitigated Claim Against the City by Comcast - Pages: 9-10 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 091408 [Approving Settlement of Unlitigated Claim Against the City by Comcast] Sponsor: Mirkarimi Resolution approving settlement of an unlitigated claim made by Comcast Cable Communications, LLC, against the City and County of San Francisco. Resolution No. 433-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101027: Public Hearing - Appeal of Final Environmental Impact Report for 935-965 Market Street (aka CityPlace) - Pages: 10 ### File 101028: Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 10-11 - Vote 1: approval, likely final - Action: 101028 [Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Motion No. M10-133 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101029: Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 11 - Vote 1: tabling - Action: 101029 [Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101030: Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report - Pages: 11 - Vote 1: approval, likely final - Action: 101030 [Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101041: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard - Pages: 11-12 - Vote 1: continuance - Action: that a project located at 10 Bernal Heights Boulevard is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Sections 15301 Class (1), 15303 (Class 3), and 15311 (Class 11), to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park within an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Appellant: Erick Arguello on behalf of the Lower 24th Street Merchant Association.) (Filed August 2, 2010; Companion Measure to File Nos. 101042, 101043, 101044.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101042: Affirming the Exemption Determination for 10 Bernal Heights Boulevard - Pages: 12 - Vote 1: continuance - Action: 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101043: Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard - Pages: 12 - Vote 1: continuance - Action: 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101044: Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project - Pages: 12 - Vote 1: continuance - Action: 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101045: Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 12-13 - Vote 1: continuance - Action: 09.6(b) and 303, to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park and to modify the Conditional Use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District, and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Filed by Erick Arguello on behalf of the Lower 24th Street Merchant Association, and subscribed by Supervisors Campos, Mar, Chiu, Chu, Mirkarimi, and Avalos.) (Filed August 2, 2010; Companion Measure to File Nos. 101046, 101047, 101048.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101046: Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 13 - Vote 1: continuance - Action: 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101047: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 13 - Vote 1: continuance - Action: 101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101048: Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 13-14 - Vote 1: continuance - Action: 101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101087: Public Hearing - Conditional Use Appeal for 3150 California Street - Pages: 14 ### File 101088: Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street - Pages: 14-15 - Vote 1: approval, likely final - Action: 101088 [Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion approving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101089: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street - Pages: 15 - Vote 1: tabling - Action: 101089 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion disapproving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101090: Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street - Pages: 15 - Vote 1: tabling - Action: 101090 [Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0357C on property located at 3150 California Street. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101111: Application for Grant - Augmenting the Greening and Storm Water Features of the Cesar Chavez Street Redesign Project - Pages: 16 - Sponsors: Campos ### File 101112: Accept and Expend Grant - Web Based Recycling, Reuse, and Disposal Options - $25,000 - Pages: 16 - Sponsors: Mayor ### File 101113: Application for Grant - Construction of HillPoint Park Open Space Project - Pages: 16-17 - Sponsors: Mayor; Maxwell ### File 101114: Application for Grant - Strategic Growth Council Sustainable Communities - Greenway Network Plan - Pages: 17 - Sponsors: Mayor ### File 101117: Commending London N. Breed - Pages: 17 - Sponsors: Mirkarimi ### File 101123: Proclaiming September 14, 2010, as Reese Erlich Day - Pages: 17 - Sponsors: Mar; Mirkarimi ### File 101035: Supporting the Litigation Challenging the Constitutionality of the Federal “Don’t Ask, Don’t Tell” Policy - Pages: 17 - Sponsors: Dufty; Campos, Mar and Avalos ### File 101038: Celebration of the Mexican Bicentennial and Centennial Celebrations - Pages: 17-18 - Sponsors: Campos; Avalos ### File 101039: Commending San Francisco Crisis Care on the Occasion of its Ray of Hope Charity Gala Reception 2010 - Pages: 18 - Sponsors: Alioto-Pier ### File 101040: Declaring September 28, 2010, as Dr. Marguerite Rubenstein Day - Pages: 18 - Sponsors: Dufty ### File 101130: Final Map 5045 - 575 Sutter Street - Pages: 18 - Vote 1: approval, likely final - Action: 101130 [Final Map 5045 - 575 Sutter Street] Motion approving Final Map 5045, a 14 Commercial Unit Condominium Project, located at 535 Sutter Street being a subdivision of Lot No. 013 in Assessors Block No. 0296 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-135 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101118: Initiative Constitutional Amendment - Opposing Proposition 26, Which "Requires that Certain State and Local Fees be Approved by Two-Thirds Vote" - Pages: 18-19 - Sponsors: Mirkarimi; Mar and Avalos - Vote 1: adoption, likely final - Action: 101118 [Initiative Constitutional Amendment - Opposing Proposition 26, Which "Requires that Certain State and Local Fees be Approved by Two-Thirds Vote"] Sponsors: Mirkarimi; Mar and Avalos Resolution opposing Proposition 26, Initiative Constitutional Amendment, which requires that certain state and local fees be approved by two-thirds vote; fees include those that address adverse impacts on society or the environment caused by the fee-payer's business. Supervisors Mar and Avalos requested to be added as co-sponsors. Resolution No. 427-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101119: Urging the United States Department of State to Condemn the Government of Iran for Sentencing Sakineh Mohammadi Ashtiani to Death by Stoning - Pages: 19 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 101119 [Urging the United States Department of State to Condemn the Government of Iran for Sentencing Sakineh Mohammadi Ashtiani to Death by Stoning] Sponsor: Mirkarimi Resolution urging the United States Department of State to condemn the Government of Iran under Supreme Leader Ayatollah Ali Khamenei for sentencing Sakineh Mohammadi Ashtiani to death by stoning for the crime of “adultery while being married.” Resolution No. 430-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Alioto-Pier, Elsbernd ### File 101140: Cigarette Litter Abatement Fee - Timing and Standards for Controller's Review and Adjustment - Pages: 19 - Sponsors: Mayor ### File 101154: Accept and Expend Grant - Office of the Public Defender - Rosenberg Foundation and Amendment to the Annual Salary Ordinance FY2010-2011 - $47,000 - Pages: 19-20 - Sponsors: Mirkarimi ### File 101155: Administrative Code - Open Data Policy - Pages: 20 - Sponsors: Mayor ### File 101156: Memorandum of Understanding, Amendment No. 2 - Service Employees International Union, Local 1021 (H-1 Fire Rescue Paramedics) - Pages: 20 - Sponsors: Mayor ### File 101157: Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations - Pages: 20 - Sponsors: Mayor ### File 101158: Taxable and/or Tax Exempt Certificates of Participation (HOPE SF) - Not to Exceed $38,000,000 - Pages: 20-21 - Sponsors: Mayor ### File 101159: Taxable and/or Tax Exempt Certificates of Participation for Various Capital Improvements - Not to Exceed $48,000,000 - Pages: 21 - Sponsors: Mayor ### File 101178: Honoring Local Restaurants During Restaurant Appreciation Month - Pages: 21 - Sponsors: Alioto-Pier; Mar ### File 100675: Zoning - Presidio-Sutter Special Use District at 800 Presidio Avenue - Pages: 21-22 - Sponsors: Alioto-Pier ### File 101099: Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration - Pages: 22 - Sponsors: Mirkarimi; Dufty ### File 101100: Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes - Pages: 22 - Sponsors: Mirkarimi; Dufty ### File 100991: Resolution of Intention to Form the Ocean Avenue Community Benefits District - Pages: 22-23 - Sponsors: Avalos ### File 101131: Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble" - Pages: 23 - Sponsors: Mar ### File 101160: Accept and Expend Grant - Department of Public Health - Pierce’s Disease Control and Organic Program - $128,916.32 - Pages: 23 - Sponsors: Alioto-Pier ### File 101161: Construction Agreement for 1150 Ocean Avenue - Pages: 23 - Sponsors: Elsbernd ### File 101162: Accept and Expend Grant - Department of Public Health - Project for Assistance in Transition from Homelessness - $631,739 - Pages: 23 - Sponsors: Dufty ### File 101163: Accept and Expend Grant - Department of Public Health - Community Risk Reduction Plan - $49,995 - Pages: 23-24 - Sponsors: Maxwell; Mar ### File 101164: Employment Policies and Procedures Regarding Criminal History - Pages: 24 - Sponsors: Mayor ### File 101165: Accept and Expend Grant - San Francisco Arts Commission - WritersCorps Program - $50,000 - Pages: 24 - Sponsors: Mayor ### File 101166: Amendment to Fire Department Cooperative Agreement with the Navy - Pages: 24 - Sponsors: Mayor ### File 101167: Accept and Expend Grant - Mayor's Office of Housing - Infill Infrastructure Program - $30,000,000 - Pages: 24 - Sponsors: Mayor ### File 101168: Urging Pacific Gas and Electric to Cooperate with the City’s Request for Infrastructure Information - Pages: 24-25 - Sponsors: Chu; Maxwell and Mirkarimi ### File 101169: Recognizing September 22, 2010, as “Please Don’t Jump” Day to Promote Suicide Prevention - Pages: 25 - Sponsors: Campos; Chiu and Dufty ### File 101170: Accept and Expend Grant - Susceptibility to Smoking Among Migrants in China - $4,901 - Pages: 25 - Sponsors: Mar ### File 101171: Local Support for Congestion Management Agency Block Grant Projects - Pages: 25 - Sponsors: Mayor ### File 101172: Apply for Strategic Growth Council Sustainable Communities Planning Grant - Pages: 25-26 - Sponsors: Mayor ### File 101173: Operation and Management of City Parking Facilities - Pages: 26 - Sponsors: Campos ### File 101174: City's Provision and Coordination of Services to Victims of Crime - Pages: 26 - Sponsors: Chiu; Maxwell ### File 101175: Controller's Report - Patrol Special Study Commissioned by the San Francisco Police Commission - Pages: 26 - Sponsors: Dufty ### File 101176: Report on the Reliability in Gas and Electric Infrastructure in San Francisco - Pages: 26 - Sponsors: Mar ### File 101177: Maintenance and Safety Record of Pacific Gas and Electric Company Infrastructure - Pages: 26-27 - Sponsors: Mirkarimi ### File 100697: General Plan Amendments - Updating the Noise Maps of the Environmental Protection Element - Pages: 27 ### File 100829: Planning Code - Car-Share Controls - Pages: 27 - Sponsors: Chiu; Mar and Maxwell ### File 100878: Fire Code - Repealing and Replacing - Pages: 27 ### File 100910: Settlement of Lawsuit - California Department of Fair Employment and Housing (Zimmerman) - $105,000 - Pages: 27-28 ### File 100911: Settlement of Lawsuit - Michael Lew - $90,000 - Pages: 28 ### File 100946: Building Code - Repealing and Replacing - Pages: 28 ### File 100950: Building Code - Residential Building - Repealing and Replacing - Pages: 28 ### File 100952: Electrical Code - Repealing and Replacing - Pages: 28 ### File 101126: Mechanical Code - Repealing and Replacing - Pages: 28-29 ### File 101127: Plumbing Code - Repealing and Replacing - Pages: 29 ### File 101128: Building Code - Green Building - Repealing and Replacing - Pages: 29 ### File 100992: General Plan - Portion of 222-2nd Street - Pages: 29 ### File 100993: Zoning Map - Portion of 222-2nd Street - Pages: 29 ### File 100526: Gift Acceptance - Fire Department - Five Commercial Washer-Extractors - $44,000 - Pages: 29-30 ### File 100877: Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation” - Pages: 30 ### File 100894: Increasing Contract with Xtech to $41,000,000 - Pages: 30 ### File 100912: Settlement of Lawsuit - Robin Leiter Cohen - $31,000 - Pages: 30 ### File 100983: Approve Modification of Lease - Airport Commission - Japan Airlines - Pages: 30 ### File 100984: Public Utilities Commission - Memorandum of Agreement with the National Park Service - Not to Exceed $27,486,504 - Pages: 30 ### File 100985: Settlement of Anticipated Litigation - Bonneville Non-Exclusive Easement - Pages: 30-31 ### File 101036: Contract with the State of California Office of Administrative Hearings to Provide Administrative Law Judges to Serve as Hearing Officers on Administrative Appeals - Pages: 31-34 ## Extracted text ### [Page 1](https://sfbos.info/documents/2021/2010-09-14-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 14, 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 30 ### [Page 2](https://sfbos.info/documents/2021/2010-09-14-minutes#page-2) Board of Supervisors Meeting Minutes 9/14/2010 Members Present: Michela Alioto-Pier, John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:11 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of July 13, 2010, July 20, 2010, July 27, 2010, August 3, 2010, August 10, 2010, and Special Board of Supervisors Meeting Minutes of the Budget and Finance Committee of July 1, 2010, and July 9, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 100900 [Approval of Amendment No. 1 of Lease, Use, and Operating Agreement for BART Station and Related Facilities and Grant Easement at San Francisco International Airport, Lease No. L97-0081] Resolution approving and authorizing the execution of Amendment No. 1 to Lease, Use, and Operating Agreement for BART Station and Related Facilities and Grant of Easement at San Francisco International Airport, Lease No. L97-0081 to: (1) limit BART Premium Fare (surcharge) for non-airline airport employees for $1.50 each way for the remainder of the Lease; (2) remove BART Faithful Performance Deposit requirement; (3) permit monthly payment by BART of the annual rent in lieu of advance annual payment; (4) allow advertising by BART in the Airport-BART Station; and (5) include administrative updates to the Lease. (Airport Commission) (Fiscal Impact.) Resolution No. 431-10 ADOPTED City and County of San Francisco Page 788 Printed at 4:32 pm on 12/14/10 ### [Page 3](https://sfbos.info/documents/2021/2010-09-14-minutes#page-3) Board of Supervisors Meeting Minutes 9/14/2010 101002 [Airport Concession Lease with Host International, Inc.] Resolution approving the Terminal 2 Newsstands, Coffee, and Specialty Stores Lease between Host International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Resolution No. 417-10 ADOPTED 101109 [State Contract Funds for Substance Abuse Treatment - $60,402,780] Sponsor: Mayor Resolution retroactively 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.) Resolution No. 434-10 ADOPTED Recommendation 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. Ordinance No. 229-10 FINALLY PASSED 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) Ordinance No. 230-10 FINALLY PASSED City and County of San Francisco Page 789 Printed at 4:32 pm on 12/14/10 ### [Page 4](https://sfbos.info/documents/2021/2010-09-14-minutes#page-4) Board of Supervisors Meeting Minutes 9/14/2010 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) Ordinance No. 231-10 FINALLY PASSED 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) Ordinance No. 232-10 FINALLY PASSED 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) Ordinance No. 228-10 FINALLY PASSED 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) Ordinance No. 233-10 FINALLY PASSED 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) Ordinance No. 234-10 FINALLY PASSED City and County of San Francisco Page 790 Printed at 4:32 pm on 12/14/10 ### [Page 5](https://sfbos.info/documents/2021/2010-09-14-minutes#page-5) Board of Supervisors Meeting Minutes 9/14/2010 101000 [Appointment, Veteran Affairs Commission - Anthony Alfidi] Motion appointing Anthony Alfidi, term ending January 31, 2012, to the Veterans Affairs Commission. (Clerk of the Board) Anthony Alfidi, seat 3, succeeding Wallace Levin, resigned, must be an at-large appointment, for the unexpired portion of a four-year term ending January 31, 2012. Motion No. M10-132 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Severed from the Consent Agenda Supervisor Mar requested that File No. 101004 be severed so that it may be considered separately. 101004 [Lease and License of Real Property at 1 Dr. Carlton B. Goodlett Place, Ground Floor Café and North Light Court] Resolution authorizing the lease of 1,426 square feet of space, a license of 2,400 square feet and the shared use space of 1,360 square feet to the Elias M. Nasra and Family Partnership, a California general partnership, in City Hall located at 1 Dr. Carlton B. Goodlett Place. (Real Estate Department) Supervisor Mar, seconded by Supervisor Daly, moved that this Resolution be CONTINUED to September 21, 2010. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell REGULAR AGENDA NEW BUSINESS Recommendations of the Budget and Finance Committee 101063 [California Constitution Appropriations Limit FY2010-2011] Sponsor: Avalos Resolution establishing the appropriations limit for FY2010-2011 pursuant to California Constitution Article XIII B. (Fiscal Impact.) Resolution No. 426-10 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 791 Printed at 4:32 pm on 12/14/10 ### [Page 6](https://sfbos.info/documents/2021/2010-09-14-minutes#page-6) Board of Supervisors Meeting Minutes 9/14/2010 101059 [Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101058 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for City and County purposes and establishing a pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101060 [Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101061 [Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 792 Printed at 4:32 pm on 12/14/10 ### [Page 7](https://sfbos.info/documents/2021/2010-09-14-minutes#page-7) Board of Supervisors Meeting Minutes 9/14/2010 From the Budget and Finance Committee Without Recommendation Supervisor Alioto-Pier Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Alioto-Pier be excused from voting on File No. 100865. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier 100865 [Establishing an Alcohol Cost Recovery Fee] Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos Ordinance amending the San Francisco Administrative Code, Chapter 106, by adding Sections 106 through 106.28, to impose a fee on alcoholic beverage wholesalers and certain other persons who distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's alcohol-attributable unreimbursed health costs, and; 2) fund administration costs. Supervisors Daly and Campos requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED to: (1) Amend Section 106.7(a) to clarify that where a wholesaler sells alcoholic beverages to a retailer at a location outside the City, and the retailer then resells those beverages at a location within the City, the retailer would be responsible for paying the fee in those circumstances unless it can demonstrate that the Wholesaler already paid the fee for those beverages; (2) Add a new subsection (a) to Section 106.16 that would authorize the Controller to adjust the fee annually to reflect changes in the Consumer Price Index; and (3) Amend Section 106.16 to provide that, pursuant to the Controller's biannual review of the fee, the Controller would be authorized to decrease the fee in order to ensure the City does not recover more than its eligible costs, but not increase the fee. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED to: (1) Add a new subsection (f) to Section 106.7 regarding quarterly exclusion up to $1,000; and (2) Add language to Section 106.10(b) to clarify that the Tax Collector shall promulgate rules to implement the quarterly exclusion. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Alioto-Pier PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 1 - Alioto-Pier City and County of San Francisco Page 793 Printed at 4:32 pm on 12/14/10 ### [Page 8](https://sfbos.info/documents/2021/2010-09-14-minutes#page-8) Board of Supervisors Meeting Minutes 9/14/2010 Recommendations of the Land Use and Economic Development Committee 100880 [Landmark Tree Designation of Redwood Tree Located at 46 Stillings Avenue] Sponsors: Dufty; Daly Ordinance designating the redwood tree (sequoia sempervirens) located at 46 Stillings Avenue (Assessor’s Block No. 6734, Lot No. 023) as a landmark tree pursuant to Public Works Code Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. Supervisor Daly requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101005 [Exceptions to Seismic Safety Loan Program Requirements to Allow for a $15,000,000 Loan to Arlington Residence - 480 Ellis Street] Sponsors: Chu; Alioto-Pier Ordinance approving exceptions to requirements of the Seismic Safety Loan Program pursuant to San Francisco Administrative Code Sections 66 and 66A and the Program Regulations, dated May 2006, adopted by the Board of Supervisors through Ordinance No. 122-06, to allow for a $15,000,000 Seismic Safety Loan Program loan for an existing affordable housing project at the Arlington Residence, 480 Ellis Street, San Francisco, California. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 100870 [Establishing an Area Plan Infrastructure Finance Committee] Sponsor: Maxwell Resolution establishing an Area Plan Infrastructure Finance Committee to supervise a consultant study to develop policy criteria and recommendations on the use of Infrastructure Finance Districts (IFDs) in newly adopted area plans, including within the Eastern Neighborhoods Area Plans, to determine the appropriate steps to form IFDs, and to supervise the formation of a pilot Infrastructure Finance District in Rincon Hill. Resolution No. 432-10 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 794 Printed at 4:32 pm on 12/14/10 ### [Page 9](https://sfbos.info/documents/2021/2010-09-14-minutes#page-9) Board of Supervisors Meeting Minutes 9/14/2010 Recommendations of the Rules Committee 100472 [Access Appeals Commission - Notice to the Mayor's Office of Disability] Sponsor: Alioto-Pier Ordinance amending the San Francisco Building Code by adding Section 105A.3.10 to require that an agenda and packet of materials for each matter to be decided by the Access Appeals Commission shall be sent to the Mayor's Office of Disability at the same time and in the same manner as they are sent to the Commission members. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 19, 2010. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd 091408 [Approving Settlement of Unlitigated Claim Against the City by Comcast] Sponsor: Mirkarimi Resolution approving settlement of an unlitigated claim made by Comcast Cable Communications, LLC, against the City and County of San Francisco. Resolution No. 433-10 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 795 Printed at 4:32 pm on 12/14/10 ### [Page 10](https://sfbos.info/documents/2021/2010-09-14-minutes#page-10) Board of Supervisors Meeting Minutes 9/14/2010 SPECIAL ORDER 2:30 P.M. 101027 [Public Hearing - Appeal of Final Environmental Impact Report for 935-965 Market Street (aka CityPlace)] Hearing of persons interested in or objecting to the decision of the Planning Commission’s July 8, 2010, Certification of a Final Environmental Impact Report identified as Planning Case No. 2005.1074E, through its Motion No. 18135, for a proposed retail shopping center (aka CityPlace) to demolish three existing mixed-use commercial and office buildings and construct a new five-story, approximately 90-foot tall building, containing approximately 375,700 gross square feet and approximately 188 off-street parking spaces in a two-story underground garage, with three levels below grade, one for retail use and the other two for parking, at 935-965 Market Street, between Fifth and Sixth Streets within the C-3-G (Downtown General Commercial) and C-3-G (Downtown Retail) Zoning Districts and a 120-X Height and Bulk District, Lot Nos. 071, 072, and 073, in Assessor's Block No. 3704. (District 6) (Appellant: Arthur D. Levy on behalf of Livable City and Walk San Francisco.) (Filed July 28, 2010; Companion to File Nos. 101028, 101029, 101030.) The President inquired as to whether any member of the public wished to address the Board. Arthur Levy, Tom Radulovich, and Vernice Chancey (Appellants) provided an overview of the appeal and further requested the Board to approve the appeal. Andy Cohen; Mike Ellinger; Susan Chin; James Johnitis; Elizabeth Sams; Howard Wong; Walter Paulson; spoke in support of the appeal. There were no other speakers in support of the appeal. Debra Dwyer and Bill Wycko (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Tim Abrahms (Project Sponsor) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Reynold Briens; Dan Conrad; Tim Brown; Joe Coppel; Don Falk; Eileen Ward; Jesse Ochoa; Linda Mjellem; Greg Holland; Stan Herzstein; Art Evans; Joe Landini; David Addington; Male Speaker; Bob Meyers; Elvin Padilla; Jesus Villalobos; Male Speaker; Manny Flores; spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Arthur Levy (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. Supervisor Alioto-Pier was noted absent at 5:20 p.m. for the remainder of the meeting. Supervisor Elsbernd was noted absent at 6:20 p.m. for the remainder of the meeting. HEARD AT PUBLIC HEARING 101028 [Affirming the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Motion No. M10-133 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd City and County of San Francisco Page 796 Printed at 4:32 pm on 12/14/10 ### [Page 11](https://sfbos.info/documents/2021/2010-09-14-minutes#page-11) Board of Supervisors Meeting Minutes 9/14/2010 101029 [Reversing the Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd 101030 [Preparation of Findings to Reverse Certification of the 935-965 Market Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification of the Final Environmental Impact Report for the 935-965 Market Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd Pursuant to the actions of File Nos. 101028 and 101029, this matter is TABLED BY OPERATION OF LAW. SPECIAL ORDER 2:30 P.M. 101041 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Determination of Exemption from Environmental Review identified as Planning Case No. 2010.0306C, by its Motion No. 18131, which included the exemption determination, that a project located at 10 Bernal Heights Boulevard is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Sections 15301 Class (1), 15303 (Class 3), and 15311 (Class 11), to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park within an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Appellant: Erick Arguello on behalf of the Lower 24th Street Merchant Association.) (Filed August 2, 2010; Companion Measure to File Nos. 101042, 101043, 101044.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 797 Printed at 4:32 pm on 12/14/10 ### [Page 12](https://sfbos.info/documents/2021/2010-09-14-minutes#page-12) Board of Supervisors Meeting Minutes 9/14/2010 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 2:30 P.M. 101045 [Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Conditional Use Permit identified as Planning Case No. 2010.0306C, by its Motion No. 18131, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park and to modify the Conditional Use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District, and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Filed by Erick Arguello on behalf of the Lower 24th Street Merchant Association, and subscribed by Supervisors Campos, Mar, Chiu, Chu, Mirkarimi, and Avalos.) (Filed August 2, 2010; Companion Measure to File Nos. 101046, 101047, 101048.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to September 28, 2010. There were no speakers. The President continued the public hearing open to September 28, 2010. Supervisor Maxwell, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 798 Printed at 4:32 pm on 12/14/10 ### [Page 13](https://sfbos.info/documents/2021/2010-09-14-minutes#page-13) Board of Supervisors Meeting Minutes 9/14/2010 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 799 Printed at 4:32 pm on 12/14/10 ### [Page 14](https://sfbos.info/documents/2021/2010-09-14-minutes#page-14) Board of Supervisors Meeting Minutes 9/14/2010 SPECIAL ORDER 2:30 P.M. 101087 [Public Hearing - Conditional Use Appeal for 3150 California Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 8, 2010, Conditional Use Permit identified as Planning Case No. 2010.0357C, by its Motion No. 18139, under Planning Code Sections 303 and 703.3 to allow a Formula Retail Use (dba Pet Food Express) in an NC-2 (Neighborhood Commercial, Small Scale) District and a 40-X Height and Bulk District, on property located at 3150 California Street, Lot No. 013, in Assessor’s Block No. 1022. (District 2) (Filed by Susan Landry on behalf of The Animal Connection II, and subscribed by Supervisors Mar, Maxwell, Avalos, Campos, and Chiu) (Filed August 6, 2010; Companion Measure to File Nos. 101088, 101089 and 101090) The President inquired as to whether any member of the public wished to address the Board. Susan Landry, Bobby Wise, and Kathleen Dooley (Appellants) provided an overview of the appeal and further requested the Board to approve the appeal. Janet Clyde; Shireen Nyolen; Maureen Murray; Eric Brooks; Otto Duffy; Amy Bearg; John Trojan; Andy Farriester; Walter Paulson; Debra Leow; Pamela Habel; Mr. White; spoke in support of the appeal. There were no other speakers in support of the appeal. John Rahaim, Planning Department Director, and Tara Sullivan (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Sean Moore, Michael Levy, and Mike Murray (Project Sponsors) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Louise Tully; Bob Tandler; Emily Scott Pottruck; Marcy Schaaf; Diane Bode; Joyce Lively; Alexandra Dixon; Deborah Heller; Rebecca Katz, Animal Care and Control Director; Phillip Praugge; Female Speaker; Michael Williams; spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Peter Weaver (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 101088 [Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion approving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 800 Printed at 4:32 pm on 12/14/10 ### [Page 15](https://sfbos.info/documents/2021/2010-09-14-minutes#page-15) Board of Supervisors Meeting Minutes 9/14/2010 101089 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion disapproving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101090 [Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0357C on property located at 3150 California Street. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Mar, 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to Caesar Caiati in celebration of his 100th birthday. Supervisors Mar and Mirkarimi introduced, welcomed, and presented a Certificate of Honor to Reese Erlich, freelance journalist, in recognition of his accomplishments and continued community support. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 801 Printed at 4:32 pm on 12/14/10 ### [Page 16](https://sfbos.info/documents/2021/2010-09-14-minutes#page-16) Board of Supervisors Meeting Minutes 9/14/2010 PUBLIC COMMENT Abdallah Megahed; expressed various concerns in Arabic and English. James Chaffee; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; expressed various concerns relating to human rights and Iran. Male Speaker; expressed various religious concerns. Supervisor Daly was noted absent at 6:53 p.m.; was noted present at 7:04 p.m. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Resolution No. 424-10 ADOPTED 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. Resolution No. 429-10 ADOPTED 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. Resolution No. 425-10 ADOPTED City and County of San Francisco Page 802 Printed at 4:32 pm on 12/14/10 ### [Page 17](https://sfbos.info/documents/2021/2010-09-14-minutes#page-17) Board of Supervisors Meeting Minutes 9/14/2010 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. Resolution No. 423-10 ADOPTED 101117 [Commending London N. Breed] Sponsor: Mirkarimi Resolution commending and expressing appreciation to London N. Breed for her services upon the occasion of her departure from her position as Commissioner of the Redevelopment Agency of the City and County of San Francisco. Resolution No. 422-10 ADOPTED 101123 [Proclaiming September 14, 2010, as Reese Erlich Day] Sponsors: Mar; Mirkarimi Resolution honoring Reese Erlich and proclaiming September 14, 2010, to be “Reese Erlich Day.” Resolution No. 420-10 ADOPTED 101035 [Supporting the Litigation Challenging the Constitutionality of the Federal “Don’t Ask, Don’t Tell” Policy] Sponsors: Dufty; Campos, Mar and Avalos Resolution supporting the litigation Log Cabin Republicans v. United States of America currently on trial before U.S. District Court for the Central District of California (Riverside), with Judge Virginia A. Phillips in Riverside presiding, challenging the constitutionality of the federal “Don’t Ask, Don’t Tell” Policy. Supervisors Mar and Avalos requested to be added as co-sponsors. Resolution No. 421-10 ADOPTED 101038 [Celebration of the Mexican Bicentennial and Centennial Celebrations] Sponsors: Campos; Avalos Resolution celebrating the birth and independence of Mexico, honoring the relationship between San Francisco and Mexico, and appreciating the contributions that San Franciscans of Mexican descent make to the culture and prosperity of the city as well as struggles for justice and equality. Supervisor Avalos requested to be added as a co-sponsor. Resolution No. 428-10 ADOPTED City and County of San Francisco Page 803 Printed at 4:32 pm on 12/14/10 ### [Page 18](https://sfbos.info/documents/2021/2010-09-14-minutes#page-18) Board of Supervisors Meeting Minutes 9/14/2010 101039 [Commending San Francisco Crisis Care on the Occasion of its Ray of Hope Charity Gala Reception 2010] Sponsor: Alioto-Pier Resolution commending San Francisco Crisis Care on the occasion of its Ray of Hope Charity Gala Reception 2010 benefitting the people of San Francisco. Resolution No. 418-10 ADOPTED 101040 [Declaring September 28, 2010, as Dr. Marguerite Rubenstein Day] Sponsor: Dufty Resolution declaring September 28, 2010, as Dr. Marguerite Rubenstein Day in San Francisco to recognize her commitment to health education and her lifelong service to San Francisco. Resolution No. 419-10 ADOPTED 101130 [Final Map 5045 - 575 Sutter Street] Motion approving Final Map 5045, a 14 Commercial Unit Condominium Project, located at 535 Sutter Street being a subdivision of Lot No. 013 in Assessors Block No. 0296 and adopting findings pursuant to the General Plan and City Planning Code Section 101.1. (Public Works Department) Motion No. M10-135 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd Severed from the For Adoption Without Committee Reference Agenda Supervisor Mirkarimi requested that File Nos. 100118 and 100119 be severed so that they may be considered separately. 101118 [Initiative Constitutional Amendment - Opposing Proposition 26, Which "Requires that Certain State and Local Fees be Approved by Two-Thirds Vote"] Sponsors: Mirkarimi; Mar and Avalos Resolution opposing Proposition 26, Initiative Constitutional Amendment, which requires that certain state and local fees be approved by two-thirds vote; fees include those that address adverse impacts on society or the environment caused by the fee-payer's business. Supervisors Mar and Avalos requested to be added as co-sponsors. Resolution No. 427-10 ADOPTED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd City and County of San Francisco Page 804 Printed at 4:32 pm on 12/14/10 ### [Page 19](https://sfbos.info/documents/2021/2010-09-14-minutes#page-19) Board of Supervisors Meeting Minutes 9/14/2010 101119 [Urging the United States Department of State to Condemn the Government of Iran for Sentencing Sakineh Mohammadi Ashtiani to Death by Stoning] Sponsor: Mirkarimi Resolution urging the United States Department of State to condemn the Government of Iran under Supreme Leader Ayatollah Ali Khamenei for sentencing Sakineh Mohammadi Ashtiani to death by stoning for the crime of “adultery while being married.” Resolution No. 430-10 ADOPTED by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 2 - Alioto-Pier, Elsbernd IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 101140 [Cigarette Litter Abatement Fee - Timing and Standards for Controller's Review and Adjustment] Sponsor: Mayor Ordinance amending Section 105.3 of the San Francisco Administrative Code to change the timelines and standards under which the Controller is directed to review and adjust the Cigarette Litter Abatement Fee. 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101154 [Accept and Expend Grant - Office of the Public Defender - Rosenberg Foundation and Amendment to the Annual Salary Ordinance FY2010-2011 - $47,000] Sponsor: Mirkarimi Ordinance authorizing the Office of the Public Defender to accept and expend a grant in the amount of $47,000 from the Rosenberg Foundation, via Institute for Local Governance, to develop a California Reentry Council Network to assist in the development of statewide capacity to improve reentry policies and programs, and amending Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect addition of one (1) Class 1406 Senior Clerk, grant-funded position (0.615 FTE), and one (1) temporary Class 8173 Legal Assistant, grant-funded position (0.118 FTE), in the Office of the Public Defender. 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 805 Printed at 4:32 pm on 12/14/10 ### [Page 20](https://sfbos.info/documents/2021/2010-09-14-minutes#page-20) Board of Supervisors Meeting Minutes 9/14/2010 101155 [Administrative Code - Open Data Policy] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code to add Section 22D to establish the City's Open Data policy and require City departments to make appropriate data available to the public. 09/14/10; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee. 101156 [Memorandum of Understanding, Amendment No. 2 - Service Employees International Union, Local 1021 (H-1 Fire Rescue Paramedics)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 2 to the 2007-2012 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics, by extending the term of the parties’ agreement through June 30, 2013, and by implementing specified terms and conditions of employment for FYs 2010-2011, 2011-2012, and 2012-2013. 09/14/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 101157 [Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations] Sponsor: Mayor Ordinance amending Section 16.200 through Section 16.222 of the San Francisco Administrative Code regarding Employee Relations to update provisions consistent with state and local law and related clean-up provisions. 09/14/10; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 10/14/2010. 101158 [Taxable and/or Tax Exempt Certificates of Participation (HOPE SF) - Not to Exceed $38,000,000] Sponsor: Mayor Ordinance authorizing the execution and delivery of Taxable and/or Tax Exempt Certificates of Participation (HOPE SF) in an aggregate principal amount not to exceed $38,000,000 to finance certain capital improvement projects; approving the form of a Trust Agreement between the City and County of San Francisco and the trustee (including certain indemnities contained therein); granting authorization for the selection of a trustee; approving the form of a Property Lease between the City and the Trustee named therein relating to certain property generally known as the Mission Police Station, certain property generally known as the Bayview Station of the San Francisco Police Department and certain other City-owned property; approving the form of a Project Lease between the City and the Trustee (including certain indemnities contained therein); delegating to the Director of Public Finance the authority to sell the Certificates of Participation by either a competitive or negotiated sale; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Taxable and/or Tax Exempt Certificates of Participation (HOPE SF), if sold by competitive sale; authorizing certain actions relating to the Taxable and/or Tax Exempt Certificates of Participation (HOPE SF), if sold by negotiated sale including approving the form of a Purchase Contract between the City and an underwriter named therein; approving the form of an Official Statement in preliminary form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Taxable and/or Tax Exempt Certificates of Participation (HOPE SF); approving modifications to documents; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 806 Printed at 4:32 pm on 12/14/10 ### [Page 21](https://sfbos.info/documents/2021/2010-09-14-minutes#page-21) Board of Supervisors Meeting Minutes 9/14/2010 101159 [Taxable and/or Tax Exempt Certificates of Participation for Various Capital Improvements - Not to Exceed $48,000,000] Sponsor: Mayor Ordinance authorizing the execution and delivery of Certificates of Participation in an aggregate principal amount not to exceed $48,000,000 to finance the acquisition, construction, improvement and installation of certain street improvements and of various disability access improvement projects; approving the form of a Second Supplement to Trust Agreement between the City and County of San Francisco and the Trustee named therein (including certain indemnities contained therein); approving the form of a Second Supplement to Property Lease between the City, as lessor, and the Trustee, as lessee; approving the form of a Second Supplement to Project Lease between the Trustee, as lessor, and the City, as lessee; approving the form of an Official Notice of Sale and Notice of Intention to Sell for the Certificates of Participation, if sold by competitive sale; authorizing certain actions relating to the Certificates of Participation, if sold by negotiated sale; delegating to the Director of Public Finance the authority to sell the Certificates of Participation by either a competitive or negotiated sale; approving the form of a Purchase Contract between the City and the underwriter(s) selected in accordance herewith, if the Certificates of Participation are sold by negotiated sale; approving the form of an official statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith. (Fiscal Impact.) 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101178 [Honoring Local Restaurants During Restaurant Appreciation Month] Sponsors: Alioto-Pier; Mar Ordinance amending the San Francisco Health Code by adding Section 456.7 requiring the San Francisco Health Department to declare one month out of the year “Restaurant Appreciation Month” to honor certain local restaurants and to create an application and selection process to identify qualifying restaurants. 09/14/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. 100675 [Zoning - Presidio-Sutter Special Use District at 800 Presidio Avenue] Sponsor: Alioto-Pier Ordinance amending the San Francisco Planning Code by adding Section 259.53 to establish the Presidio-Sutter Special Use District for property at 800 Presidio Avenue (Assessor's Block No. 1073, Lot No. 13); amending Sheet HT03 of the Zoning Map to change the Height and Bulk District from 40-X to 55-X and amending Sheet SU-03 of the Zoning Map to reflect the boundaries of the Presidio-Sutter Special Use District; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 05/25/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 6/24/2010. 06/02/10; REFERRED TO DEPARTMENT. 07/07/10; RESPONSE RECEIVED. 09/14/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 807 Printed at 4:32 pm on 12/14/10 ### [Page 22](https://sfbos.info/documents/2021/2010-09-14-minutes#page-22) Board of Supervisors Meeting Minutes 9/14/2010 101099 [Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration] Sponsors: Mirkarimi; Dufty Ordinance amending the San Francisco Business and Tax Regulations Code by: (1) amending Article 6 (Common Administrative Provisions) to revise provisions relating to: certificates of authority to collect third-party taxes; prepayment and remittance requirements for hotel and parking operators; enforcement procedures and penalties; and to otherwise clarify and update the provisions of Article 6; (2) amending Article 9 (Tax on Occupancy of Parking Space in Parking Stations), Article 10 (Utility Users Tax), and Article 12 (Business Registration), to lengthen the time period that service suppliers must preserve records from 4 years to 5 years and to extend the payment date of the registration certificate; and (3) repealing Sections 608 through 608.8 of Article 9 (Tax on Occupancy of Parking Space in Parking Stations); and (4) amending the San Francisco Administrative Code by amending 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. 09/14/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 101100 [Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes] 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, and 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 make other nonsubstantive changes. 08/10/10; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/9/2010. 09/14/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. Resolutions 100991 [Resolution of Intention to Form the Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the “Ocean Avenue Community Benefits District,” and levy a multi-year assessment on identified parcels in the district; (2) approving the management district plan and engineer's report and proposed boundaries map for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 808 Printed at 4:32 pm on 12/14/10 ### [Page 23](https://sfbos.info/documents/2021/2010-09-14-minutes#page-23) Board of Supervisors Meeting Minutes 9/14/2010 101131 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble"] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2009-2010 Civil Grand Jury Report Entitled “Pension Tsunami: The Billion Dollar Bubble” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) 09/03/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 101160 [Accept and Expend Grant - Department of Public Health - Pierce’s Disease Control and Organic Program - $128,916.32] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively two grants (Agreements Nos. 10-0347 and 10-153) totaling $128,916.32 from the California Department of Food and Agriculture (CDFA) to fund the Pierce’s Disease Control Program for the period of July 1, 2010, through June 30, 2012, and the Organic Program for the period of July 1, 2010, through June 30, 2011. 09/14/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101161 [Construction Agreement for 1150 Ocean Avenue] Sponsor: Elsbernd Resolution approving an agreement and authorizing the Director of Planning to execute the agreement on behalf of the City and County of San Francisco in order to ensure the construction on-site of 26 inclusionary units in the mixed-use development proposed at 1150 Ocean Avenue (Lot No. 003 in Assessor’s Block No. 3180). 09/14/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101162 [Accept and Expend Grant - Department of Public Health - Project for Assistance in Transition from Homelessness - $631,739] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the United States Department of Health and Human Services in the amount of $631,739 to fund the project entitled "Project for Assistance in Transition from Homelessness" for the period July 1, 2010, through June 30, 2011. 09/14/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101163 [Accept and Expend Grant - Department of Public Health - Community Risk Reduction Plan - $49,995] Sponsors: Maxwell; Mar Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $49,995 from the Bay Area Air Quality Management District, to support a project entitled “Community Risk Reduction Plan” for the period of July 1, 2010, through December 30, 2011. 09/14/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 809 Printed at 4:32 pm on 12/14/10 ### [Page 24](https://sfbos.info/documents/2021/2010-09-14-minutes#page-24) Board of Supervisors Meeting Minutes 9/14/2010 101164 [Employment Policies and Procedures Regarding Criminal History] Sponsor: Mayor Resolution authorizing the City and County of San Francisco access to state and federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. 09/14/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 101165 [Accept and Expend Grant - San Francisco Arts Commission - WritersCorps Program - $50,000] Sponsor: Mayor Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $50,000 from the National Endowment for the Arts Learning in the Arts for Children and Youth for general operating support for WritersCorps. 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101166 [Amendment to Fire Department Cooperative Agreement with the Navy] Sponsor: Mayor Resolution authorizing the San Francisco Fire Department to amend the Cooperative Agreement with the United States Navy to set the reimbursement rate for fire and emergency medical services to portions of the Hunters Point Shipyard for the period October 1, 2010, through September 30, 2011, and to accept and expend funds from the Navy as reimbursement for services under that Agreement. (Fiscal Impact.) 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101167 [Accept and Expend Grant - Mayor's Office of Housing - Infill Infrastructure Program - $30,000,000] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing to enter into a standard agreement with the California State Department of Housing and Community Development to accept and expend $30,000,000 of Infill Infrastructure Grant Program funds; the execution of a loan agreement with the Project Sponsor for disbursement of grant funds; and the execution of any related documents necessary to participate in the Infill Infrastructure Grant Program. 09/14/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101168 [Urging Pacific Gas and Electric to Cooperate with the City’s Request for Infrastructure Information] Sponsors: Chu; Maxwell and Mirkarimi Resolution urging Pacific Gas and Electric Company to cooperate completely and swiftly with all requests from the City Administrator and Fire Chief in a Utility Infrastructure Safety Review, and to provide all relevant City Departments with risk level and maintenance plan information for existing pipelines in San Francisco. 09/14/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 810 Printed at 4:32 pm on 12/14/10 ### [Page 25](https://sfbos.info/documents/2021/2010-09-14-minutes#page-25) Board of Supervisors Meeting Minutes 9/14/2010 101169 [Recognizing September 22, 2010, as “Please Don’t Jump” Day to Promote Suicide Prevention] Sponsors: Campos; Chiu and Dufty Resolution recognizing September 22, 2010, as “Please Don’t Jump” Day and urging the Golden Gate Bridge, Highway, and Transportation District staff and Board of Directors to continue its efforts to expeditiously construct a suicide barrier on the Golden Gate Bridge. 09/14/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101170 [Accept and Expend Grant - Susceptibility to Smoking Among Migrants in China - $4,901] Sponsor: Mar Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $4,901 from the San Diego State University Research Foundation to support a project that will establish a Handheld Assisted Personal Interview system, including training and consultation for the period of September 17, 2009, through June 30, 2010. (Public Health Department) 09/14/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101171 [Local Support for Congestion Management Agency Block Grant Projects] Sponsor: Mayor Resolution of local support for four projects to be funded by $11,553,000 in federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement funds through the Metropolitan Transportation Commission's Congestion Management Agency Block Grant Program; committing the necessary non-federal match of $1,876,000; and stating assurance to complete the projects. 09/14/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101172 [Apply for Strategic Growth Council Sustainable Communities Planning Grant] Sponsor: Mayor Resolution authorizing the San Francisco Planning Department, in cooperation with the Mayor’s Office of Housing, the San Francisco Municipal Transportation Agency, the San Francisco County Transportation Authority, and other Bay Area entities, 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 develop a Multi-City Bay Area Core Regional Growth and Investment Strategy. 09/14/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 811 Printed at 4:32 pm on 12/14/10 ### [Page 26](https://sfbos.info/documents/2021/2010-09-14-minutes#page-26) Board of Supervisors Meeting Minutes 9/14/2010 Requests for Hearing 101173 [Operation and Management of City Parking Facilities] Sponsor: Campos Hearing on the policies and procedures followed by the San Francisco Municipal Transportation Agency in awarding the contract for the operation and management of City parking facilities under Request for Proposal No. 2008/09-30. 09/14/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 101174 [City's Provision and Coordination of Services to Victims of Crime] Sponsors: Chiu; Maxwell Hearing to review the City's provision and coordination of services to victims of crime, including but are not limited to: (1) What support and services do City departments currently provide crime victims?; (2) How do various departments that interface with crime victims coordinate their activities?; (3) What are the gaps in the system that need to address, and what coordination needs to occur?; and (4) How can victim services be best provided in a culturally competent manner? 09/14/10; RECEIVED AND ASSIGNED to Public Safety Committee. 101175 [Controller's Report - Patrol Special Study Commissioned by the San Francisco Police Commission] Sponsor: Dufty Hearing on the Controller's report on Patrol Special Study commissioned by the San Francisco Police Commission. 09/14/10; RECEIVED AND ASSIGNED to Public Safety Committee. 101176 [Report on the Reliability in Gas and Electric Infrastructure in San Francisco] Sponsor: Mar Hearing and report on the reliability of and investment in gas and electric infrastructure in San Francisco by PG&E. 09/14/10; RECEIVED AND ASSIGNED to Public Safety Committee. 101177 [Maintenance and Safety Record of Pacific Gas and Electric Company Infrastructure] Sponsor: Mirkarimi Hearing to review the current state of maintenance and repair of PG&E's pipeline and electricity transmission infrastructure in San Francisco and to receive an update on actions to be taken by PG&E to mitigate safety risks and economic impact, including PG&E's plans for installing modern safety features such as automatic shutoff valves and leak-detection systems and monitoring of underground electrical vaults. 09/14/10; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 812 Printed at 4:32 pm on 12/14/10 ### [Page 27](https://sfbos.info/documents/2021/2010-09-14-minutes#page-27) Board of Supervisors Meeting Minutes 9/14/2010 Introduced by the President at the Request of the Department PROPOSED ORDINANCES 100697 [General Plan Amendments - Updating the Noise Maps of the Environmental Protection Element] Ordinance amending the San Francisco General Plan by amending the Noise Maps of the Environmental Protection Element to reflect current conditions; making conforming text amendments; and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, and environmental findings. (Planning Department) 08/11/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100829 [Planning Code - Car-Share Controls] Sponsors: Chiu; Mar and Maxwell Ordinance amending the San Francisco Planning Code, including Section 151.1 to enable the Planning Commission to require the provision of annual memberships to certified car-share organizations to residents of certain new development projects when certain findings are made; Section 163 to promote car-share services as a component of transportation management programs and transportation brokerage services; and Section 166 to permit car-share spaces in the same manner as residential accessory parking and require that car-sharing requirements for non-residential uses apply to all zoning districts; 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. (Planning Department) 08/24/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100878 [Fire Code - Repealing and Replacing] Ordinance repealing the San Francisco Fire Code in its entirety and replacing that code with a new 2010 San Francisco Fire Code consisting of the 2010 California Fire Code and portions of the 2009 International Fire Code together with San Francisco amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and directing the Clerk of the Board to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings. (Fire Department) 08/27/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100910 [Settlement of Lawsuit - California Department of Fair Employment and Housing (Zimmerman) - $105,000] Ordinance authorizing settlement of the lawsuit filed by the California Department of Fair Employment and Housing (Plaintiff), Linda Zimmerman (Real Party in Interest) against the City and County of San Francisco for $105,000, the lawsuit was filed on March 4, 2009, in San Francisco Superior Court, Case No. CGC-09-485723; entitled Department of Fair Employment and Housing (Zimmerman) v. City and County of San Francisco. (City Attorney) 08/04/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 813 Printed at 4:32 pm on 12/14/10 ### [Page 28](https://sfbos.info/documents/2021/2010-09-14-minutes#page-28) Board of Supervisors Meeting Minutes 9/14/2010 100911 [Settlement of Lawsuit - Michael Lew - $90,000] Ordinance authorizing settlement of the lawsuit filed by Michael Lew against the City and County of San Francisco for $90,000, including re-employment and restoration of vacation and sick leave; the lawsuit was filed on May 11, 2009, in San Francisco Superior Court, Case No. CGC-09-488262; entitled Michael Lew v. City and County of San Francisco, et al. (City Attorney) 08/04/10; RECEIVED AND ASSIGNED to Rules Committee. 100946 [Building Code - Repealing and Replacing] Ordinance repealing the 2007 San Francisco Building Code in its entirety and replacing that Code with a new 2010 San Francisco Building Code that consists of the 2010 California Building Code and San Francisco amendments thereto; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100950 [Building Code - Residential Building - Repealing and Replacing] Ordinance incorporating the provisions of the 2010 California Residential Code into various chapters of the San Francisco Building Code with local amendments, and adding Chapter 36 to serve as a directory of where such provisions may be found in the San Francisco Building Code; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100952 [Electrical Code - Repealing and Replacing] Ordinance repealing the 2007 San Francisco Electrical Code in its entirety and replacing that code with a new 2010 San Francisco Electrical Code that consists of the 2010 California Electrical Code and San Francisco amendments thereto; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 101126 [Mechanical Code - Repealing and Replacing] Ordinance repealing the 2007 San Francisco Mechanical Code in its entirety and replacing that code with a new 2010 San Francisco Mechanical Code that consists of the 2010 California Mechanical Code and San Francisco amendments thereto; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. City and County of San Francisco Page 814 Printed at 4:32 pm on 12/14/10 ### [Page 29](https://sfbos.info/documents/2021/2010-09-14-minutes#page-29) Board of Supervisors Meeting Minutes 9/14/2010 101127 [Plumbing Code - Repealing and Replacing] Ordinance repealing the 2007 San Francisco Plumbing Code in its entirety and replacing that code with a new 2010 San Francisco Plumbing Code that consists of the 2010 California Plumbing Code and San Francisco amendments thereto; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 101128 [Building Code - Green Building - Repealing and Replacing] Ordinance repealing Chapter 13C of the San Francisco Building Code in its entirety and enacting a new Chapter 13C that consists of the 2010 California Green Building Standards Code with local amendments; adopting findings of local conditions pursuant to California Health and Safety Code Section 17958.7 and Public Resources Code Section 25402.1(h)(2), and directing the Clerk of the Board to forward San Francisco's amendments and findings to the State Building Standards Commission; making environmental findings; and providing for an operative date of January 1, 2011. (Building Inspection Department) 08/26/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 100992 [General Plan - Portion of 222-2nd Street] (Planning Department) 09/01/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 10/22/10 - 10-day notice published, mailed and posted. 100993 [Zoning Map - Portion of 222-2nd Street] Ordinance amending the Zoning Map of the City and County of San Francisco by amending Zoning Map 1HT to change the height and bulk district classification of the west corner (within a rectangular area measuring 45 feet in length along the westernmost portion of the Howard Street frontage, to a depth of 82.5 feet) of the property located at 222-2nd Street (Assessor's Block No. 3735, Lot No. 063) from 150-S to 350-S and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) 09/01/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/14/2010. 10/22/10 - 10-day notice was published, mailed and posted. PROPOSED RESOLUTIONS 100526 [Gift Acceptance - Fire Department - Five Commercial Washer-Extractors - $44,000] Resolution authorizing the San Francisco Fire Department to accept a gift from the San Francisco Firefighters’ Cancer Prevention Foundation of five commercial washer-extractors valued at approximately $44,000 to clean personal protective equipment. (Fire Department) 08/18/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 815 Printed at 4:32 pm on 12/14/10 ### [Page 30](https://sfbos.info/documents/2021/2010-09-14-minutes#page-30) Board of Supervisors Meeting Minutes 9/14/2010 100877 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation”] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2009-2010 Civil Grand Jury Report entitled “Sharing the Roadway: From Confrontation to Conversation” and urging the Mayor to cause the implementation of accepted findings and recommendations through department heads and through the development of the annual budget. 08/26/10; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 100894 [Increasing Contract with Xtech to $41,000,000] Resolution authorizing the Office of Contract Administration to enter in the First Amendment between the City and Xtech (part of the Technology Store procurement vehicle), in which the amendment shall increase the contract amount from $24,000,000 to $41,000,000 and update certain standard contractual clauses. (Office of Contract Administration) (Fiscal Impact.) 08/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100912 [Settlement of Lawsuit - Robin Leiter Cohen - $31,000] Resolution approving the settlement of the unlitigated claim filed by Robin Leiter Cohen against the City and County of San Francisco for $31,000; claim was filed on September 4, 2009. (City Attorney) 08/04/10; RECEIVED AND ASSIGNED to Rules Committee. 100983 [Approve Modification of Lease - Airport Commission - Japan Airlines] Resolution approving and authorizing the execution of Modification No. 1 to Lease No. L01-0297 with Japan Airlines Company Limited to reduce the demised premises and the annual rent at Building 944 on Plot 50B-1 at San Francisco International Airport. (Airport Commission) 08/26/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100984 [Public Utilities Commission - Memorandum of Agreement with the National Park Service - Not to Exceed $27,486,504] Resolution approving the Memorandum of Agreement with the National Park Service for the Comprehensive Management of Yosemite National Park Watersheds that supply water to the San Francisco Regional Water System pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact.) 08/27/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 100985 [Settlement of Anticipated Litigation - Bonneville Non-Exclusive Easement] Resolution authorizing settlement of anticipated litigation to be filed by Bonneville International Corporation against the City and County of San Francisco for a non-exclusive easement on Bayview Hill for access to the radio tower owned by Bonneville. (City Attorney) 09/03/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 816 Printed at 4:32 pm on 12/14/10 ### [Page 31](https://sfbos.info/documents/2021/2010-09-14-minutes#page-31) Board of Supervisors Meeting Minutes 9/14/2010 101036 [Contract with the State of California Office of Administrative Hearings to Provide Administrative Law Judges to Serve as Hearing Officers on Administrative Appeals] Resolution authorizing the Department of Emergency Management to enter into a contract with the State of California Office of Administrative Hearings to provide administrative law judges to serve as hearing officers on administrative appeals from certification actions by the San Francisco Emergency Medical Services Agency. (Department of Emergency Management) 09/03/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 817 Printed at 4:32 pm on 12/14/10 ### [Page 32](https://sfbos.info/documents/2021/2010-09-14-minutes#page-32) Board of Supervisors Meeting Minutes 9/14/2010 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: 901 Fell 208 Scott 799 Haight 546 Haight 798 Haight 901 Haight 1594 Waller 745 Buchanan (Korean Center on the Hayes Street side) 438 Haight 442 Haight 357 Haight 748 Haight City and County of San Francisco Page 818 Printed at 4:32 pm on 12/14/10 ### [Page 33](https://sfbos.info/documents/2021/2010-09-14-minutes#page-33) Board of Supervisors Meeting Minutes 9/14/2010 298 Buchanan 400 Duboce 595 Haight 370 Fillmore 587 Haight 555 Haight 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 located at the following locations: Metal Pole In front of 909 Haight In front of 982 Fulton Northeast corner Webster and Haight Northeast corner Turk and Webster Northwest corner Laguna and Haight 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 Boxes Southeast corner Buchanan and Fell Bus Shelter Southwest corner Divisadero and McAllister Northeast corner Pierce and McAllister Northeast corner Baker and McAllister Northwest corner Laguna and Haight Fillmore and Haight (all 4 bus stops, graffiti and grime and canopies are graffiti) 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 locations: Potholes and Sidewalk Issues Intersection of Grove and Webster, on the west side of street 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 Can Northeast corner Eddy and Scott Northeast corner Hayes and Broderick Southwest corner Grove and Gough Southwest corner Fell and Fillmore Southwest corner Buena Vista East and Haight Mailbox Northwest corner Octavia and Haight Southeast corner Post and Steiner City and County of San Francisco Page 819 Printed at 4:32 pm on 12/14/10 ### [Page 34](https://sfbos.info/documents/2021/2010-09-14-minutes#page-34) Board of Supervisors Meeting Minutes 9/14/2010 Northeast corner Scott and Haight Southwest corner Divisadero and Fulton In Memoriams Jay Patterson - Supervisor Elsbernd Kendra Fallon - Supervisors Dufty and Elsbernd Liam Spiers - Supervisors Elsbernd and Chu Eugene Yeager - Supervisors Elsbernd, Dufty and Maxwell Douglas Paul Satterblom - Supervisor Dufty Ed Moose - Supervisor Chiu Recia Ann Young - Supervisor Chiu Honorable Judge Desmond - Supervisor Elsbernd Former Assemblyman Charles W. Meyers, Sr. - Entire Board David William McElhatton - Supervisor Elsbernd Louise James Ashley - Supervisors Maxwell, Dufty and Mirkarimi Richard “Sweet Lips” Walters - Supervisors Dufty and Campos Maura Tunney - Supervisor Chu Mark Martin Morris III - Supervisor Dufty Ernest Weil - Supervisor Dufty Jaqueline and Janessa Greig - Entire Board Marilyn He - Supervisor Chu Steve Oliva - Supervisor Mirkarimi Cecilia Ekemma Okoye-Dikeocha - Supervisor Mirkarimi Joyce Suk Han Lau - Supervisor Mirkarimi Nils Yannick Linke - Supervisor Mirkarimi Waymon “Oliv” Olivier - Supervisor Mirkarimi John Barnes - Supervisor Chiu Kwong C. Choy - Supervisor Chiu ADJOURNMENT There being no further business, the Board adjourned at the hour of 7:05 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 October 26, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 820 Printed at 4:32 pm on 12/14/10