# Board of Supervisors Minutes: September 21, 2010 - Meeting date: 2010-09-21 - Document type: minutes - Source format: PDF - Extracted pages: 22 - [Canonical HTML transcript](https://sfbos.info/documents/2023/2010-09-21-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m092110.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101058: Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011 - Pages: 3 - Sponsors: Avalos ### 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: 3 - Sponsors: Avalos ### 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: 3 - Sponsors: Avalos ### 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: 3-4 - Sponsors: Avalos ### File 101102: Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000 - Pages: 4 - Sponsors: Mayor ### File 100294: Liquor License Transfer - 715 Market Street - Pages: 4 ### File 100685: Liquor License - 450-460 Powell Street - Pages: 4 ### File 100834: Liquor License Transfer - 101-6th Street - Pages: 4-5 ### File 100915: Liquor License Transfer - 1530 Haight Street - Pages: 5 ### File 100916: Liquor License Transfer - 447 Battery Street - Pages: 5 ### File 100880: Landmark Tree Designation of Redwood Tree Located at 46 Stillings Avenue - Pages: 5 - Sponsors: Dufty; Daly ### File 101005: Exceptions to Seismic Safety Loan Program Requirements to Allow for a $15,000,000 Loan to Arlington Residence - 480 Ellis Street - Pages: 5-6 - Sponsors: Chu; Alioto-Pier - Vote 1: final-passage, likely final - 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. Ordinance No. 242-10 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101004: Lease and License of Real Property at 1 Dr. Carlton B. Goodlett Place, Ground Floor Café and North Light Court - Pages: 6 - Vote 1: adoption, likely final - 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) Resolution No. 443-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Campos - Vote 2: other - Action: From the Budget and Finance Committee Without Recommendation Supervisor Alioto-Pier Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, moved that Supervisor Alioto-Pier be excused from voting on File No. 100865. The motion carried by the following vote: - Ayes: Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Alioto-Pier, Campos ### File 100865: Establishing an Alcohol Cost Recovery Fee - Pages: 6-7 - Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos - Vote 1: final-passage, likely final - Action: 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. FINALLY PASSED by the following vote: - Ayes: Avalos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Chu, Dufty, Elsbernd - Excused: Alioto-Pier, Campos ### File 101051: Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center - Pages: 7 - Vote 1: first-reading - Action: 101051 [Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center] Ordinance authorizing the San Francisco Department of Public Works to implement an alternative bid process for construction trade packages and to award contracts for construction services, for the renovation of and capital improvements to the Moscone Convention Center. (Public Works Department) PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101140: Cigarette Litter Abatement Fee - Timing and Standards for Controller's Review and Adjustment - Pages: 7 - Sponsors: Mayor - Vote 1: first-reading - Action: 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. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101107: Management Agreement for the Harding Park Golf Course - Pages: 7-8 - Sponsors: Elsbernd - Vote 1: adoption, likely final - Action: 101107 [Management Agreement for the Harding Park Golf Course] Sponsor: Elsbernd Resolution authorizing the Recreation and Park Department General Manager to enter into an agreement with Tournament Players Club of California, Inc., for management of clubhouse and golf operations at the Harding Park and Fleming Golf Courses, excluding course maintenance operations (Management Agreement), from October 1, 2010, to December 31, 2019, pursuant to San Francisco Charter Section 9.118, with the right to extend the term to coincide with any extension of the Master Tournament Agreement between the City and County of San Francisco and PGA Tour, Inc. (Fiscal Impact.) Resolution No. 435-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 100922: Authorizing the Department of Public Health to Enter Into Contracts for Out-of-County Behavioral Health Services in the Foster Care System - Pages: 8 - Sponsors: Mayor - Vote 1: first-reading - Action: 100922 [Authorizing the Department of Public Health to Enter Into Contracts for Out-of-County Behavioral Health Services in the Foster Care System] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code by amending Section 21.42 to authorize the Department of Public Health to contract for behavioral health services to children in the foster care system under the jurisdiction of the City and County of San Francisco and located outside of San Francisco, utilizing contracting language and forms mandated by the State of California under California Welfare and Institutions Code Section 5777.7. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 100851: Planning Code - Rehabilitation and Maintenance of Transfer Lots After Sale of Transferable Development Rights; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral) - Pages: 8-9 - Sponsors: Chiu; Maxwell - Vote 1: amendment - Action: nia Street (Old St. Mary's Cathedral)] Sponsors: Chiu; Maxwell Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; 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) See File No. 101200. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be DUPLICATED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 3: referral - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101200: Planning Code - Preservation, Rehabilitation and Maintenance of Preservation Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral) - Pages: 9 - Vote 1: amendment - Action: and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. See File No. 100851. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 3: amendment - Action: Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on preservation and rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101056: Banning the Sale of Tobacco Products in Pharmacies - Pages: 9-10 - Sponsors: Mar; Dufty and Maxwell - Vote 1: first-reading - Action: 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd - Excused: Campos ### File 101070: Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000 - Pages: 10 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. Resolution No. 444-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Campos ### File 101083: Appeal of Determination of Exemption from Environmental Review for a Project Located at 2514-23rd Avenue - Pages: 10 ### File 101084: Affirming the Exemption Determination for 2514-23rd Avenue - Pages: 10-11 ### File 101085: Reversing the Exemption Determination Issued for 2514-23rd Avenue - Pages: 11 ### File 101086: Preparation of Findings to Reverse the Exemption Determination for the 2514-23rd Avenue Project - Pages: 11 ### File 101153: Commending Caesar Caiati - Pages: 11-12 - Sponsors: Alioto-Pier ### File 101168: Urging Pacific Gas and Electric to Cooperate with the City’s Request for Infrastructure Information - Pages: 12 - Sponsors: Chu; Maxwell and Mirkarimi ### File 101169: Recognizing September 22, 2010, as “Please Don’t Jump” Day to Promote Suicide Prevention - Pages: 12 - Sponsors: Campos; Chiu and Dufty ### File 101170: Accept and Expend Grant - Susceptibility to Smoking Among Migrants in China - $4,901 - Pages: 12 - Sponsors: Mar ### File 101171: Local Support for Congestion Management Agency Block Grant Projects - Pages: 12-13 - Sponsors: Mayor ### File 101172: Apply for Strategic Growth Council Sustainable Communities Planning Grant - Pages: 13 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 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. Resolution No. 436-10 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101190: Police Code - Registration and Other Requirements for Event Promoters - Pages: 13 - Sponsors: Chiu; Maxwell ### File 101191: Administrative Code - Publication Requirements - Pages: 13-14 - Sponsors: Mirkarimi; Campos, Mar and Chiu ### File 101192: Appropriating $38,000,000 of Certificate of Participation Proceeds for the HOPE SF Development Project in the Mayor’s Office of Housing for FY2010-2011 - Pages: 14 - Sponsors: Mayor; Maxwell ### File 101193: Approving General Plan Amendments in Connection with the Better Streets Plan - Pages: 14 - Sponsors: Mayor; Mar and Campos ### File 101194: Administrative Code, Public Works Code and Subdivision Code - Better Streets Plan Implementation - Pages: 14-15 - Sponsors: Mayor; Mar and Campos ### File 100495: Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice - Pages: 15 - Sponsors: Alioto-Pier ### File 101195: Urging the Planning Commission to Initiate General Plan Amendments Concerning Better Streets Plan - Pages: 15 - Sponsors: Mayor; Mar ### File 101196: Gift Acceptance - Equipment and Furnishings - $155,013 - Pages: 15 - Sponsors: Chiu; Elsbernd ### File 101197: Contract Approval - Municipal Transportation Agency - Capital Program Controls System Procurement and Related Support Services - Not to Exceed $22,268,541 - Pages: 15-16 - Sponsors: Chu ### File 101198: Accept and Expend Grant - Screening, Brief Intervention, and Referral to Treatment Project - $25,331 - Pages: 16 - Sponsors: Chu ### File 101199: Accept and Expend Grant - Department of Public Health - State Vocational Rehabilitation Services Program - $7,685,055 - Pages: 16 - Sponsors: Maxwell ### File 101201: Petitions for City Parcels to Form the Proposed Civic Center Community Benefit District - Pages: 16 - Sponsors: Mayor ### File 101202: Annual Report - 2500 Block of Mission Street Business Improvement District - Pages: 16 - Sponsors: Campos ### File 101203: Ensuring Safe, Affordable, and Quality Patient Care - Pages: 16 - Sponsors: Daly ### File 101204: Declaring October 6, 2010, as Walk to School Day to Promote the Safety and Health of Children - Pages: 16-17 - Sponsors: Dufty; Chu ### File 101205: Affordable Child Care Facilities and Teacher’s Housing - 1155 Page Street - Pages: 17 - Sponsors: Mirkarimi ### File 101206: Proposition 23 - California Global Warming Solutions Act of 2006 - Pages: 17 - Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Dufty, Mar, Chu, Elsbernd, Maxwell and Avalos ### File 101210: Supporting the LGBT Marchers and Their Supporters in the October 10, 2010, Gay Pride Parade in Belgrade, Serbia - Pages: 17 - Sponsors: Dufty ### File 101212: Outside Counsel for Mayoral Succession Issues - Pages: 17 - Sponsors: Chiu ### File 101182: Public Hearing - Certification of Appropriateness for Alterations to the Board of Supervisors' Legislative Chamber - Pages: 17 ### File 101208: San Francisco Municipal Transportation Agency's Transition to the Clipper Card - Pages: 17-18 - Sponsors: Chiu ### File 101181: Committee of the Whole - September 28, 2010 - Hearing on the Historic Preservation Commission's Certificate of Appropriateness for Alterations to the Board of Supervisors' Legislative Chamber - Pages: 18 ### File 101183: Approving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber - Pages: 18 ### File 101184: Disapproving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber - Pages: 18 ### File 101207: Committee of the Whole - October 5, 2010 - Public Hearing to Renew/Re-Establish the 2500 Block of Mission Street Business Improvement District, to be Known as the Mission Miracle Mile Business Improvement District - Pages: 18-19 - Sponsors: Campos ### File 101209: Directing the Clerk of the Board to Agendize Consideration to Override Alcohol Cost Recovery Fee Veto - Pages: 19 - Sponsors: Avalos ### File 101150: Real Estate Department - Agreement to Exchange Easements in Connection with the Bay Division Pipeline Reliability Upgrade Project - Bay Tunnel - Pages: 19-22 ## Extracted text ### [Page 1](https://sfbos.info/documents/2023/2010-09-21-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 21, 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 31 ### [Page 2](https://sfbos.info/documents/2023/2010-09-21-minutes#page-2) Board of Supervisors Meeting Minutes 9/21/2010 Members Present: Michela Alioto-Pier, John Avalos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:10 p.m. On the call of the roll, Supervisor Campos was noted absent. There was a quorum. Supervisor Campos Excused from Voting Supervisor Mar, seconded by Supervisor Elsbernd, moved that Supervisor Campos be excused from voting. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos AGENDA CHANGES There were none. COMMUNICATIONS President Chiu introduced and welcomed Mayor Gbamnan Djidan and visitors from our African Sister City of Abidjan, Ivory Coast. There were no other communications. SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board President, David Chiu, inquired if the Mayor would make an appearance before the Board of Supervisors. Starr Terrell, the Mayor's Liaison to the Board of Supervisors, indicated the Mayor would not be present. City and County of San Francisco Page 821 Printed at 4:29 pm on 12/14/10 ### [Page 3](https://sfbos.info/documents/2023/2010-09-21-minutes#page-3) Board of Supervisors Meeting Minutes 9/21/2010 CONSENT AGENDA Recommendations of the Budget and Finance Committee 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) Ordinance No. 235-10 FINALLY PASSED 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) Ordinance No. 236-10 FINALLY PASSED 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) Ordinance No. 237-10 FINALLY PASSED 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) Ordinance No. 238-10 FINALLY PASSED City and County of San Francisco Page 822 Printed at 4:29 pm on 12/14/10 ### [Page 4](https://sfbos.info/documents/2023/2010-09-21-minutes#page-4) Board of Supervisors Meeting Minutes 9/21/2010 101102 [Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000] Sponsor: Mayor Ordinance authorizing the Department of Emergency Management to retroactively accept and expend a grant in the amount of $231,000 from California Volunteers for the grant period of 18 months following passage of the FY2010-2011 California State Budget for volunteer management and training; amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one Class 5277 Planner I at the San Francisco Fire Department. Ordinance No. 241-10 FINALLY PASSED Recommendations of the City Operations and Neighborhood Services Committee 100294 [Liquor License Transfer - 715 Market Street] Resolution determining that the transfer of a Type 21 off-sale general license from 50-3rd Street to 715 Market Street (District 6) to Zain H. Azzghayer for Zain's Fine Wine & Spirits will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 445-10 ADOPTED 100685 [Liquor License - 450-460 Powell Street] Resolution determining that the issuance of a Type 21 off-sale general license to Dean Zain Azzghayer for Dean's, located at 450-460 Powell Street (District 3), will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 446-10 ADOPTED 100834 [Liquor License Transfer - 101-6th Street] Resolution determining that the premise to premise transfer of a Type 48 on-sale general public premises liquor license from 101-6th Street to expansion of public occupancy into basement storage at 101-6th Street (District 6), to Mark E. Rennie for Playbar, Inc., dba The Room, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 447-10 ADOPTED City and County of San Francisco Page 823 Printed at 4:29 pm on 12/14/10 ### [Page 5](https://sfbos.info/documents/2023/2010-09-21-minutes#page-5) Board of Supervisors Meeting Minutes 9/21/2010 100915 [Liquor License Transfer - 1530 Haight Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine liquor license from 2 Harrison Street to 1530 Haight Street (District 5) to Bobby Vardakastanis for Haight Street Market, Inc., dba Haight Street Market, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 448-10 ADOPTED 100916 [Liquor License Transfer - 447 Battery Street] Resolution determining that the transfer of a Type 42 on-sale beer and wine public premises liquor license from 620 Post Street to 447 Battery Street (District 3) to Alberto De Almeida, Jr., for Magellan Wine, LLC, dba The Hidden Vine Wine Bar, will serve the public convenience or necessity of the people of the City and County of San Francisco, in accordance with Section 23958.4 of the California Business and Professions Code, with conditions. Resolution No. 449-10 ADOPTED 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. Ordinance No. 240-10 FINALLY PASSED 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. Ordinance No. 242-10 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos City and County of San Francisco Page 824 Printed at 4:29 pm on 12/14/10 ### [Page 6](https://sfbos.info/documents/2023/2010-09-21-minutes#page-6) Board of Supervisors Meeting Minutes 9/21/2010 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 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) Resolution No. 443-10 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Campos From the Budget and Finance Committee Without Recommendation Supervisor Alioto-Pier Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, moved that Supervisor Alioto-Pier be excused from voting on File No. 100865. The motion carried by the following vote: Ayes: 9 - Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 2 - Alioto-Pier, Campos 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. FINALLY PASSED by the following vote: Ayes: 6 - Avalos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 2 - Alioto-Pier, Campos City and County of San Francisco Page 825 Printed at 4:29 pm on 12/14/10 ### [Page 7](https://sfbos.info/documents/2023/2010-09-21-minutes#page-7) Board of Supervisors Meeting Minutes 9/21/2010 NEW BUSINESS Recommendations of the Budget and Finance Committee 101051 [Approval to Implement Alternative Bid Process for Construction Trade Packages for the Renovation and Construction of the George S. Moscone Convention Center] Ordinance authorizing the San Francisco Department of Public Works to implement an alternative bid process for construction trade packages and to award contracts for construction services, for the renovation of and capital improvements to the Moscone Convention Center. (Public Works Department) PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 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. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 101107 [Management Agreement for the Harding Park Golf Course] Sponsor: Elsbernd Resolution authorizing the Recreation and Park Department General Manager to enter into an agreement with Tournament Players Club of California, Inc., for management of clubhouse and golf operations at the Harding Park and Fleming Golf Courses, excluding course maintenance operations (Management Agreement), from October 1, 2010, to December 31, 2019, pursuant to San Francisco Charter Section 9.118, with the right to extend the term to coincide with any extension of the Master Tournament Agreement between the City and County of San Francisco and PGA Tour, Inc. (Fiscal Impact.) Resolution No. 435-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos City and County of San Francisco Page 826 Printed at 4:29 pm on 12/14/10 ### [Page 8](https://sfbos.info/documents/2023/2010-09-21-minutes#page-8) Board of Supervisors Meeting Minutes 9/21/2010 Recommendation of the City Operations and Neighborhood Services Committee 100922 [Authorizing the Department of Public Health to Enter Into Contracts for Out-of-County Behavioral Health Services in the Foster Care System] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code by amending Section 21.42 to authorize the Department of Public Health to contract for behavioral health services to children in the foster care system under the jurisdiction of the City and County of San Francisco and located outside of San Francisco, utilizing contracting language and forms mandated by the State of California under California Welfare and Institutions Code Section 5777.7. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Recommendations of the Land Use and Economic Development Committee 100851 [Planning Code - Rehabilitation and Maintenance of Transfer Lots After Sale of Transferable Development Rights; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Sponsors: Chiu; Maxwell Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; 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) See File No. 101200. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be DUPLICATED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos City and County of San Francisco Page 827 Printed at 4:29 pm on 12/14/10 ### [Page 9](https://sfbos.info/documents/2023/2010-09-21-minutes#page-9) Board of Supervisors Meeting Minutes 9/21/2010 101200 [Planning Code - Preservation, Rehabilitation and Maintenance of Preservation Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. See File No. 100851. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on preservation and rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. PASSED ON FIRST READING by the following vote: Ayes: 7 - Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Campos City and County of San Francisco Page 828 Printed at 4:29 pm on 12/14/10 ### [Page 10](https://sfbos.info/documents/2023/2010-09-21-minutes#page-10) Board of Supervisors Meeting Minutes 9/21/2010 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. Resolution No. 444-10 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Campos SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Chiu, seconded by Supervisor Avalos, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to members of the Black Rock Arts Foundation in recognition of their accomplishments and continued community support. SPECIAL ORDER 4:00 P.M. 101083 [Appeal of Determination of Exemption from Environmental Review for a Project Located at 2514-23rd Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department’s May 5, 2010, Determination of Exemption from Environmental Review, Building Permit No. 2010/05/05/1781, that a project located at 2514-23rd Avenue is exempt from environmental review under Categorical Exemption, Class 3. The proposal would involve structural work to the foundation, roof framing, and the addition of roof dormers, window replacement, and interior work to the building, which is a single-family residence, Lot No. 37, in Assessor’s Block No. 2423. (District 4) (Appellant: Nancy Wuerfel, on behalf of the Sunset Parkside Education and Action Committee (SPEAK)). The President indicated receipt of a letter from the Planning Department, dated September 17, 2010, rescinding their determination of exemption from environmental review. TABLED BY OPERATION OF LAW 101084 [Affirming the Exemption Determination for 2514-23rd Avenue] Motion affirming the determination by the Planning Department that the project located at 2514-23rd Avenue is exempt from environmental review. TABLED BY OPERATION OF LAW City and County of San Francisco Page 829 Printed at 4:29 pm on 12/14/10 ### [Page 11](https://sfbos.info/documents/2023/2010-09-21-minutes#page-11) Board of Supervisors Meeting Minutes 9/21/2010 101085 [Reversing the Exemption Determination Issued for 2514-23rd Avenue] Motion reversing the determination by the Planning Department that the 2514-23rd Avenue project is exempt from environmental review. TABLED BY OPERATION OF LAW 101086 [Preparation of Findings to Reverse the Exemption Determination for the 2514-23rd Avenue Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 2514-23rd Avenue is exempt from environmental review. TABLED BY OPERATION OF LAW ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. 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. Joshua Abrahamson; expressed concerns relating to violent criminals. Male Speaker; expressed various concerns. Male Speaker; expressed various religious concerns. Ace Washington; expressed various concerns. Peter Warfield; expressed concerns relating to the SF Public Library. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 101153 [Commending Caesar Caiati] Sponsor: Alioto-Pier Resolution commending Caesar Caiati on his 100th Birthday and declaring September 19, 2010, "Caesar Caiati Day" in San Francisco. Resolution No. 450-10 ADOPTED City and County of San Francisco Page 830 Printed at 4:29 pm on 12/14/10 ### [Page 12](https://sfbos.info/documents/2023/2010-09-21-minutes#page-12) Board of Supervisors Meeting Minutes 9/21/2010 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. Resolution No. 442-10 ADOPTED 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. Resolution No. 453-10 ADOPTED 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) Resolution No. 452-10 ADOPTED 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. Resolution No. 451-10 ADOPTED City and County of San Francisco Page 831 Printed at 4:29 pm on 12/14/10 ### [Page 13](https://sfbos.info/documents/2023/2010-09-21-minutes#page-13) Board of Supervisors Meeting Minutes 9/21/2010 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. Resolution No. 436-10 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos IMPERATIVE AGENDA There were none. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 101190 [Police Code - Registration and Other Requirements for Event Promoters] Sponsors: Chiu; Maxwell Ordinance adding Article 15.7 to the San Francisco Police Code, requiring event promoters to register with the Entertainment Commission; prohibiting holders of certain entertainment-related permits, and registered promoters, from retaining an unregistered promoter to hold an event; and authorizing under certain circumstances for certain promoters reporting requirements, increased security plan requirements for events they promote, general liability insurance requirements, a criminal background check requirement, and other requirements. 101191 [Administrative Code - Publication Requirements] Sponsors: Mirkarimi; Campos, Mar and Chiu Ordinance amending Chapter 2 of the San Francisco Administrative Code by adding Article XII, Sections 2.96 through 2.100, to define “published” as required by San Francisco Charter Article XVII to: (1) establish requirements for publishing notices; (2) establish standards for and define the “City's Official Website Homepage;" (3) establish procedures for standardizing and defining notice and publication requirements for future proposed ordinances; and (4) authorize the Clerk of the Board of Supervisors to adopt regulations to implement this Article. 09/21/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/21/2010. City and County of San Francisco Page 832 Printed at 4:29 pm on 12/14/10 ### [Page 14](https://sfbos.info/documents/2023/2010-09-21-minutes#page-14) Board of Supervisors Meeting Minutes 9/21/2010 101192 [Appropriating $38,000,000 of Certificate of Participation Proceeds for the HOPE SF Development Project in the Mayor’s Office of Housing for FY2010-2011] Sponsors: Mayor; Maxwell Ordinance appropriating $38,000,000 of Certificate of Participation Series 2011B proceeds to fund the HOPE SF Development Project sponsored by Hunters View Associates in the Mayor’s Office of Housing for FY2010-2011 and placing these funds on Controller’s reserve pending issuance of the COPs or associated commercial paper used for cash flow purposes in FY2010-2011. (Fiscal Impact.) 09/21/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101193 [Approving General Plan Amendments in Connection with the Better Streets Plan] Sponsors: Mayor; Mar and Campos Ordinance amending the Urban Design and Transportation Elements of the San Francisco General Plan to incorporate the San Francisco Better Streets Plan by reference, and to make objectives and policies relating to pedestrian transportation consistent with the Better Streets Plan; making environmental findings that the proposed amendments are consistent with the General Plan and the eight priority policies of the Planning Code Section 101.1. 09/21/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/21/2010. 11/5/10 - 10-Day General Plan Notice was published, posted and mailed. 101194 [Administrative Code, Public Works Code and Subdivision Code - Better Streets Plan Implementation] Sponsors: Mayor; Mar and Campos Ordinance adopting the Better Streets Plan; amending Chapter 98.1 of the Administrative Code to require street improvements to conform with the policies and guidance of the San Francisco Better Streets Plan (Better Streets Plan); amending various sections of the Planning Code to consolidate requirements for street improvements; to require street improvements to follow the policies and guidance of the Better Streets Plan; to expand and modify existing requirements for provision of street trees; to require specified projects to submit a streetscape plan with application submission; and to describe additional requirements for certain areas of the City subject to neighborhood streetscape plans, including Downtown and Rincon Hill; amending various sections of the Public Works Code to be consistent with the Better Streets Plan, including waiving public right-of-way occupancy fees for Better Streets Plan elements; amending Sections 1335, 1336, and 1337 of the Subdivision Code to require streetscape, pedestrian, and stormwater improvements consistent with the Better Streets Plan as part of subdivision approvals; and making findings, including environmental findings and findings that the Planning Code amendments and General Plan amendments are consistent, on balance, with the General Plan and Planning Code Section 101.1. 09/21/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 10/21/2010. City and County of San Francisco Page 833 Printed at 4:29 pm on 12/14/10 ### [Page 15](https://sfbos.info/documents/2023/2010-09-21-minutes#page-15) Board of Supervisors Meeting Minutes 9/21/2010 100495 [Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice] Sponsor: Alioto-Pier Ordinance amending Administrative Code Chapter 31 to provide for appeals to the Board of Supervisors of certain environmental documents and determinations under the California Environmental Quality Act, to clarify procedures and to provide public notice of environmental documents and determinations. 04/20/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/21/2010. 04/27/10; REFERRED TO DEPARTMENT. 05/04/10; RESPONSE RECEIVED. 07/14/10; RESPONSE RECEIVED. 07/20/10; SUBSTITUTED. 07/20/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 07/26/10; REFERRED TO DEPARTMENT. 09/21/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. Resolutions 101195 [Urging the Planning Commission to Initiate General Plan Amendments Concerning Better Streets Plan] Sponsors: Mayor; Mar Resolution urging the Planning Commission to initiate amendments to the General Plan's Urban Design and Transportation Elements in connection with the San Francisco Better Streets Plan. 09/21/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101196 [Gift Acceptance - Equipment and Furnishings - $155,013] Sponsors: Chiu; Elsbernd Resolution authorizing the Recreation and Park Department to accept a gift of equipment and furnishings valued at $155,013 from the San Francisco Parks Trust Gear-up Campaign to be used at Hamilton Recreation Center, Midtown Terrace Playground, Harvey Milk Center for the Recreational Arts, Sunnyside Conservatory, Sunnyside Clubhouse, and other Recreation and Park Department facilities. 09/21/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101197 [Contract Approval - Municipal Transportation Agency - Capital Program Controls System Procurement and Related Support Services - Not to Exceed $22,268,541] Sponsor: Chu Resolution approving the San Francisco Municipal Transportation Agency Contract No. CS-156, Agency Capital Program Controls System Procurement, and Related Support Services, to Hill International, as negotiated, for an amount not to exceed $22,268,541 for a term not to exceed eight years, with expenditures limited to $13,481,000 pending receipt and certification of additional funding. (Fiscal Impact.) 09/21/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 834 Printed at 4:29 pm on 12/14/10 ### [Page 16](https://sfbos.info/documents/2023/2010-09-21-minutes#page-16) Board of Supervisors Meeting Minutes 9/21/2010 101198 [Accept and Expend Grant - Screening, Brief Intervention, and Referral to Treatment Project - $25,331] Sponsor: Chu Resolution authorizing the San Francisco Department of Public Health to retroactively accept and expend a grant in the amount of $25,331 from the University of California, San Francisco, to fund the Screening, Brief Intervention, and Referral to Treatment project, and to enter into an agreement for the use of these funds for the period of September 30, 2009, through September 29, 2010. 09/21/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101199 [Accept and Expend Grant - Department of Public Health - State Vocational Rehabilitation Services Program - $7,685,055] Sponsor: Maxwell Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the California Department of Rehabilitation in the total amount of $7,685,055 to provide vocational rehabilitation services to clients for the period July 1, 2010, through June 30, 2013, waiving indirect costs. (Fiscal Impact.) 09/21/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101201 [Petitions for City Parcels to Form the Proposed Civic Center Community Benefit District] Sponsor: Mayor Resolution authorizing the Mayor to cast petitions in the affirmative for formation of the proposed Civic Center Community Benefit District, to sign on behalf of the City and County of San Francisco as the owner of certain parcels of real property that would be subject to assessment in the proposed property and business improvement district to be named the Civic Center Community Benefit District. 09/21/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101202 [Annual Report - 2500 Block of Mission Street Business Improvement District] Sponsor: Campos Resolution receiving and approving the 2500 Block of Mission Street Business Improvement District Annual Reports for FYs2007, 2008, and 2009, as submitted, pursuant to Section 36650 of the Business Property and Business Improvement Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's Management Contract with the City. 09/21/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101203 [Ensuring Safe, Affordable, and Quality Patient Care] Sponsor: Daly Resolution urging all relevant City agencies to uphold and strengthen current medical cannabis laws, and regulatory procedures that ensures quality care of patients, protects residents, and provides a true benefit to the community, and discourages business practices that threaten local permitted medical cannabis dispensary operators. 101204 [Declaring October 6, 2010, as Walk to School Day to Promote the Safety and Health of Children] Sponsors: Dufty; Chu Resolution declaring October 6, 2010, as Walk to School Day to promote the safety and health of children in the City and County of San Francisco. City and County of San Francisco Page 835 Printed at 4:29 pm on 12/14/10 ### [Page 17](https://sfbos.info/documents/2023/2010-09-21-minutes#page-17) Board of Supervisors Meeting Minutes 9/21/2010 101205 [Affordable Child Care Facilities and Teacher’s Housing - 1155 Page Street] Sponsor: Mirkarimi Resolution urging the San Francisco Unified School District to consider developing both affordable child care facilities and affordable teacher’s housing on the surplus property located at 1155 Page Street. 101206 [Proposition 23 - California Global Warming Solutions Act of 2006] Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Dufty, Mar, Chu, Elsbernd, Maxwell and Avalos Resolution opposing Proposition 23, an initiative constitutional amendment suspending the California Global Warming Solutions Act of 2006, until California's unemployment rate drops to 5.5 percent or less for four consecutive quarters. 101210 [Supporting the LGBT Marchers and Their Supporters in the October 10, 2010, Gay Pride Parade in Belgrade, Serbia] Sponsor: Dufty Resolution supporting the Lesbian, Gay, Bisexual, and Transgender marchers and their supporters as they peacefully exercise their human right to be visible in the streets, free from violence and fear, during the Gay Pride Parade in Belgrade, Serbia on October 10, 2010. 101212 [Outside Counsel for Mayoral Succession Issues] Sponsor: Chiu Resolution approving the retention of the Office of Santa Clara County Counsel to advise the City, in place of the City Attorney's Office, on legal issues relating to Mayoral succession. (Supervisor Alioto-Pier dissented in Committee.) 09/21/10; RECEIVED AND ASSIGNED to Rules Committee. Requests for Hearing 101182 [Public Hearing - Certification of Appropriateness for Alterations to the Board of Supervisors' Legislative Chamber] Hearing on the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0677A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place. (Clerk of the Board) 09/16/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101208 [San Francisco Municipal Transportation Agency's Transition to the Clipper Card] Sponsor: Chiu Hearing on the San Francisco Municipal Transportation Agency's transition to the Clipper Card on the following topics: 1) Implementation of the Clipper Card; 2) 25-cent surcharge for single-use tickets; 3) Technological problems with fare gates; and 4) Outreach on the transition to the Clipper Card. 09/21/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 836 Printed at 4:29 pm on 12/14/10 ### [Page 18](https://sfbos.info/documents/2023/2010-09-21-minutes#page-18) Board of Supervisors Meeting Minutes 9/21/2010 Motions 101181 [Committee of the Whole - September 28, 2010 - Hearing on the Historic Preservation Commission's Certificate of Appropriateness for Alterations to the Board of Supervisors' Legislative Chamber] Motion to sit as a Committee of the Whole for a hearing on the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0667A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place, to be held on September 28, 2010. (Clerk of the Board) 09/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101183 [Approving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber] Motion approving the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0677A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place. (Clerk of the Board) 09/16/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101184 [Disapproving the Historic Preservation Commission’s Approval for Certificate of Appropriateness Regarding the Alterations of the Board of Supervisors’ Legislative Chamber] Motion disapproving the Historic Preservation Commission's approval of Motion No. 0079 (Case No. 2010.0677A), Certificate of Appropriateness, pursuant to Planning Code Section 1006.8(e), in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot No. 001 in Assessor's Block No. 0787 (City Hall) - 1 Dr. Carlton B. Goodlett Place. (Clerk of the Board) 09/16/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101207 [Committee of the Whole - October 5, 2010 - Public Hearing to Renew/Re-Establish the 2500 Block of Mission Street Business Improvement District, to be Known as the Mission Miracle Mile Business Improvement District] Sponsor: Campos Motion to sit as a Committee of the Whole to hold a public hearing on October 5, 2010, to consider adopting a Resolution to renew and re-establish the 2500 Block of Mission Street Business Improvement District, to now be known as the Mission Miracle Mile Business Improvement District. 09/21/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 837 Printed at 4:29 pm on 12/14/10 ### [Page 19](https://sfbos.info/documents/2023/2010-09-21-minutes#page-19) Board of Supervisors Meeting Minutes 9/21/2010 101209 [Directing the Clerk of the Board to Agendize Consideration to Override Alcohol Cost Recovery Fee Veto] Sponsor: Avalos Motion directing the Clerk of the Board to agendize consideration to override veto pursuant to Charter Section 2.016 of an ordinance which would establish an Alcohol Cost Recovery Fee (File No. 100865) at the Regular Meeting of September 28, 2010. Introduced by the President at the Request of Department PROPOSED RESOLUTION 101150 [Real Estate Department - Agreement to Exchange Easements in Connection with the Bay Division Pipeline Reliability Upgrade Project - Bay Tunnel] Resolution approving and authorizing an Agreement to Exchange Interests in Real Property to obtain an exclusive, subsurface easement from the Midpeninsula Regional Open Space District in exchange for a non-exclusive open space easement over real property owned by the City and County of San Francisco, for the purpose of constructing the San Francisco Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Bay Tunnel; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; adopting findings of consistency with City Planning Code Section 101.1; and authorizing the General Manager of SFPUC to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (Real Estate Department) 09/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 838 Printed at 4:29 pm on 12/14/10 ### [Page 20](https://sfbos.info/documents/2023/2010-09-21-minutes#page-20) Board of Supervisors Meeting Minutes 9/21/2010 Requests Granted From: Supervisor Avalos To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation requiring owners of commercial vehicles to abate unintended graffiti on trucks. From: Supervisor Alioto-Pier To: Chief of Police To: Director, Department of Public Works Requesting/Inquiring: Requesting a recommendation for a procedure to recover costs for DPW services and police services when large trucks ignore posted signs and become stranded on the City’s hills. From: Supervisor Alioto-Pier To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to do the following: -Requirement to test DNA samples in every rape or sexual assault case -Establishment of a swift timeline for testing DNA evidence. -Procedures for coordination between law enforcement agencies and healthcare providers. -Annual reporting to the Board of Supervisors on testing and prosecution rates -Dedicating funding for DNA testing through new fines on offenders. From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting that the Department of Public Works report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore & Post Southwest corner of Divisadero & Sutter 9th Avenue & Judah (near bus stops) 7th Avenue & Irving (near bus stops) Northwest corner of Hayes & Fillmore Southeast corner of Fillmore & Haight San Francisco Chronicle Northwest corner of Fillmore & Hayes Southeast corner of Haight & Fillmore Irving & 9th Avenue Irving & 7th Avenue Southwest corner of Haight & Clayton Southeast corner of Haight & Masonic Examiner Northwest corner of Fillmore & Hayes Southeast corner of Haight & Fillmore SF Daily Northwest corner of Hayes & Gough City Star Northwest corner of Hayes & Gough Southeast corner of Fillmore & Haight City and County of San Francisco Page 839 Printed at 4:29 pm on 12/14/10 ### [Page 21](https://sfbos.info/documents/2023/2010-09-21-minutes#page-21) Board of Supervisors Meeting Minutes 9/21/2010 SF Weekly Southeast corner of Masonic & Haight Southeast corner of Haight & Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 1067 Oak, on the side of building 208 Scott 798 Haight 546 Haight 506 Baker 589 Haight 598 Haight 597 Haight 582 Haight 588 Haight 596 Haight 1751 Fulton 539 Waller 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 Poles Near 898 Fillmore In front of 333 Fillmore Northeast corner of Grove & Scott Southwest corner of Laguna & Galilee Southwest corner of Masonic & Fulton Wood Poles Northeast corner of Baker & Grove Northwest corner of Ivy & Gough 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 Northeast corner of Buchanan & Fell Northeast corner of Linden & Buchanan Northeast corner of Oak & Buchanan Bus Shelters Northeast corner of Fulton & Masonic Northeast corner of Baker & McAllister Southwest corner of Buchanan & Haight Southwest corner of Pierce & Haight Fillmore & Haight (all bus stops, graffiti & grime on canopies) City and County of San Francisco Page 840 Printed at 4:29 pm on 12/14/10 ### [Page 22](https://sfbos.info/documents/2023/2010-09-21-minutes#page-22) Board of Supervisors Meeting Minutes 9/21/2010 Emergency Box Northeast corner of Page & Buchanan 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 Street light out on the 700 block of Webster, 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 Cans Northeast corner of Hayes & Fillmore Northeast corner of Hayes & Laguna Southeast corner of Fell & Fillmore Northeast corner of Grove & Scott Mailboxes Northwest corner of Octavia & Hayes Southwest corner of Divisadero & Fulton In Memoriams William Coblentz – Entire Board Fuad “Fred” Mogannam – Entire Board Sgt. Martin Anthony Lugo – Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 3:45 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 841 Printed at 4:29 pm on 12/14/10