# Board of Supervisors Minutes: October 5, 2010 - Meeting date: 2010-10-05 - Document type: minutes - Source format: PDF - Extracted pages: 28 - [Canonical HTML transcript](https://sfbos.info/documents/2027/2010-10-05-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m100510.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### 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: 2 ### File 100526: Gift Acceptance - Fire Department - Five Commercial Washer-Extractors - $44,000 - Pages: 2-3 ### File 101149: Liquor License, 1097 Howard Street, #209 - Pages: 3 ### File 101160: Accept and Expend Grant - Department of Public Health - Pierce’s Disease Control and Organic Program - $128,916.32 - Pages: 3 - Sponsors: Alioto-Pier ### File 101162: Accept and Expend Grant - Department of Public Health - Project for Assistance in Transition from Homelessness - $631,739 - Pages: 3 - Sponsors: Dufty ### File 101163: Accept and Expend Grant - Department of Public Health - Community Risk Reduction Plan - $49,995 - Pages: 3-4 - Sponsors: Maxwell; Mar ### File 100757: Public Works Code - Minor Encroachment Fee Waiver for Affordable Housing Projects - Pages: 4 - Sponsors: Daly ### 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: 4 - Sponsors: Chiu; Maxwell ### File 100918: Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements - Pages: 4-5 - Sponsors: Daly - Vote 1: final-passage, likely final - Action: 100918 [Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements] Sponsor: Daly Ordinance accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay North - Blocks N3-N3A, including acquisition facilities on portions of King Street, Berry Street, Fourth Street, and Fifth Street; declaring such areas as shown on official Department of Public Works maps as open public right-of-way; designating such areas and improvements for street and roadway purposes; establishing street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; accepting a pedestrian access and utility easement relating to the project; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,752; and authorizing official acts in connection with this Ordinance. (Public Works Department) FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100865: Establishing an Alcohol Cost Recovery Fee - Pages: 5 - Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos - Vote 1: approval, 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. APPROVED OVER THE MAYOR'S VETO. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Chu, Dufty, Elsbernd - Excused: Alioto-Pier ### File 101103: Appropriating $2,188,777 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010 - Pages: 5-6 - Sponsors: Mayor - Vote 1: first-reading - Action: 101103 [Appropriating $2,188,777 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010] Sponsor: Mayor Ordinance appropriating $2,188,777 of General Fund Reserve to fund indigent defense expenses associated with increased felony caseloads in the Superior Court for FY2009-2010, requiring a two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco Charter Section 9.113. (Fiscal Impact.) PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100983: Approve Modification of Lease - Airport Commission - Japan Airlines - Pages: 6 - Vote 1: adoption, likely final - Action: 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) ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101202: Annual Report - 2500 Block of Mission Street Business Improvement District - Pages: 6 - Sponsors: Campos - Vote 1: adoption, likely final - Action: 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. ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100528: Exempting Certain Nonprofits from Guide Permit Requirement - Pages: 6 - Sponsors: Alioto-Pier - Vote 1: first-reading - Action: 100528 [Exempting Certain Nonprofits from Guide Permit Requirement] Sponsor: Alioto-Pier Ordinance amending the San Francisco Police Code by amending Section 1295 to exempt nonprofit organizations conducting educational tours from the requirement to obtain a guide permit. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101178: Honoring Local Restaurants During Restaurant Appreciation Month - Pages: 6-7 - Sponsors: Alioto-Pier; Mar - Vote 1: amendment - Action: 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. Supervisor Mar requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED on Page 2, Line 16, by adding '3. This criteria, application, and selection process, should include a review and analysis of the restaurant's labor practices towards its employees including but not limited to employees' regular and overtime wage rates, the restaurants' break policies, tip policies, health and safety training protocols, worker's compensation insurance coverage plans, sick leave policies, health insurance or coverage options offered to employees, family leave policies, and non-discrimination policies or protocols.' The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100645: Naming the 17th Street Pedestrian Plaza in the Castro as Jane Warner Plaza - Pages: 7 - Sponsors: Dufty - Vote 1: adoption, likely final - Action: 100645 [Naming the 17th Street Pedestrian Plaza in the Castro as Jane Warner Plaza] Sponsor: Dufty Resolution naming the 17th Street pedestrian plaza located at the intersection of 17th Street, Castro Street, and Market Street as Jane Warner Plaza. ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 100873: Animal Care and Control Welfare Fund - Not to Exceed $50,000 - Pages: 7 - Sponsors: Chu; Mar - Vote 1: first-reading - Action: 100873 [Animal Care and Control Welfare Fund - Not to Exceed $50,000] Sponsors: Chu; Mar Ordinance amending the San Francisco Administrative Code, Chapter 10, by amending Section 10.100-23, to change the gift fund category for the Animal Care and Control Welfare Fund, and to authorize the Department of Animal Care and Control to accept gifts of cash, equipment, property, and services not to exceed $50,000. Supervisor Mar 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 100877: Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation” - Pages: 7-8 - Sponsors: Mar - Vote 1: adoption, likely final - Action: 100877 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation”] 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 “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. Supervisor Mar requested to be added as sponsor. ADOPTED 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 874 Printed at 2:38 pm on 11/14/10 Board of Supervisors Meeting Minutes 10/5/2010 Recommendation of the Land Use and Economic Development Committee Supervisor Daly Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that Supervisor Daly be excused from voting on File No. 100188. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Daly ### File 100188: Zoning - 1800 Market Street Community Center Project Special Use District - Pages: 8-9 - Sponsors: Dufty; Mirkarimi - Vote 1: first-reading - Action: 100188 [Zoning - 1800 Market Street Community Center Project Special Use District] Sponsors: Dufty; Mirkarimi Ordinance amending the San Francisco Planning Code by adding Section 787 to establish the 1800 Market Street Community Center Project Special Use District for property located at 1800 Market Street (Lot No. 014, Assessor's Block No. 871), located at the northwest corner of Market Street and Octavia Boulevard; amending Sheet No. SU07 of the Zoning Map of the City and County of San Francisco to reflect this new Special Use District; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Daly ### File 101031: Public Hearing - Appeal of Final Environmental Impact Report for 222-2nd Street - Pages: 9 ### File 101032: Affirming the Certification of the 222-2nd Street Project Final Environmental Impact Report - Pages: 9-10 - Vote 1: tabling - Action: 101032 [Affirming the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Daly, Mar, Mirkarimi - Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell - Vote 2: approval, likely final - Action: Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi - Noes: Avalos, Campos, Daly, Mar ### File 101033: Reversing the Certification of the 222-2nd Street Project Final Environmental Impact Report - Pages: 10 - Vote 1: approval, likely final - Action: 101033 [Reversing the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Daly, Mar, Mirkarimi - Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi - Noes: Avalos, Campos, Daly, Mar ### File 101034: Preparation of Findings to Reverse Certification of the 222-2nd Street Project Final Environmental Impact Report - Pages: 10-11 - Vote 1: approval, likely final - Action: 101034 [Preparation of Findings to Reverse Certification of the 222-2nd 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 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Daly, Mar, Mirkarimi - Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi - Noes: Avalos, Campos, Daly, Mar ### File 101249: Public Hearing - Resolution to Establish (Renew) the 2500 Block of Mission Street Business Improvement District, to Now be Known as the Mission Miracle Mile Business Improvement District - Pages: 11 - Sponsors: Campos ### File 101250: Resolution to Establish (Renew) the 2500 Block of Mission Street Business Improvement District, to Now be Known as the Mission Miracle Mile Business Improvement District - Pages: 11-12 - Sponsors: Campos - Vote 1: adoption, likely final - Action: as the Mission Miracle Mile Business Improvement District] Sponsor: Campos Resolution establishing a property-based Business Improvement District to now be known as the "Mission Miracle Mile Business Improvement District," by: (1) renewing the previously established 2500 Block of Mission Street Business Improvement District for a period of five years and six months; (2) approving the management district plan and engineer's report and boundaries map; (3) ordering the levy and collection of assessments against the property located in the Mission Miracle Mile Business Improvement District for five years, for FYs2010-2011 through 2014-2015 (each FY begins on July 1 and ends the following June 30), subject to conditions as specified; (4) approving services, improvements, and activities to be provided through December 31, 2015; and (5) making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Mission Mirale Mile BID was 82.56%, and the returned weighted ballots voting against the Mission Miracle Mile BID was 17.44%, further indicating there was no majority protest. ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi - Absent: Dufty ### File 101135: Appeal of Conditional Use for 1268 Grant Avenue Project - Pages: 12-13 ### File 101136: Approving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue - Pages: 13 - Vote 1: tabling - Action: 101136 [Approving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion approving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, 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 101137: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue - Pages: 13 - Vote 1: approval, likely final - Action: 101137 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101138: Preparation of Findings Related to the Conditional Use Appeal for 1268 Grant Avenue - Pages: 13-14 - Vote 1: approval, likely final - Action: 101138 [Preparation of Findings Related to the Conditional Use Appeal for 1268 Grant Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101185: Appeal of Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street - Pages: 14 ### File 101186: Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street - Pages: 14-15 - Vote 1: approval, likely final - Action: 101186 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion approving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and approving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Excused: Elsbernd ### File 101187: Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street - Pages: 15 - Vote 1: tabling - Action: 101187 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion disapproving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and disapproving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Excused: Elsbernd ### File 101188: Findings Related to the Tentative Parcel Map Disapproval for 0 Los Palmos Drive (Vacant) and 795 Foerster Street - Pages: 15 - Vote 1: tabling - Action: 101188 [Findings Related to the Tentative Parcel Map Disapproval for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Excused: Elsbernd ### File 100906: Appointment, Police Commission - R. James Slaughter - Pages: 15-16 - Sponsors: Mayor - Vote 1: approval, likely final - Action: 100906 [Appointment, Police Commission - R. James Slaughter] Sponsor: Mayor Motion confirming the Mayor's nomination of, and appointing, R. James Slaughter to the San Francisco Police Commission for the unexpired portion of a four-year term ending April 30, 2012. (Section 4.109 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - August 12, 2010.) APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly ### File 100776: Reappointment, Planning Commission - Gwyneth Borden - Pages: 16 - Vote 1: approval, likely final - Action: 100776 [Reappointment, Planning Commission - Gwyneth Borden] Motion approving the Mayor’s reappointment of Gwyneth Borden to the Planning Commission term ending July 1, 2014. (Clerk of the Board) (Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 100777. Transmittal date - September 2, 2010.) APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101212: Outside Counsel for Mayoral Succession Issues - Pages: 16 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 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.) ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier ### File 101115: Directing the Director of the Office of Economic and Workforce Development to Prepare an Infrastructure Financing Plan - Pages: 16 - Sponsors: Mayor ### File 101116: Resolution of Intention to Establish an Infrastructure Financing District - Pages: 16-17 - Sponsors: Mayor ### File 101254: Affirmation of Support of San Francisco's Bid for the 34th America's Cup and Endorsement of Host City - Pages: 17 - Sponsors: Mayor; Chiu, Mirkarimi, Dufty, Alioto-Pier, Maxwell and Chu - Vote 1: adoption, likely final - Action: 101254 [Affirmation of Support of San Francisco's Bid for the 34th America's Cup and Endorsement of Host City] Sponsors: Mayor; Chiu, Mirkarimi, Dufty, Alioto-Pier, Maxwell and Chu Resolution supporting the efforts of the City and the San Francisco America's Cup Organizing Committee to bring the 34th America's Cup to the San Francisco Bay and encouraging BMW Oracle Racing and the Golden Gate Yacht Club to select San Francisco as the official Host City for the 34th America's Cup in 2013 and endorsing the Term Sheet for hosting the 34th America's Cup in San Francisco. Privilege of the floor was granted to Jennifer Matz, Director of the Mayor's Office of Economic and Workforce Development, Rich Hillis and Kyri McClellan (OEWD), Monique Moyer, Director of the Port of San Francisco, and Elaine Forbes (Port) who responded to questions raised throughout the discussion regarding File No. 101254. ADOPTED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Avalos, Daly ### File 101253: Grant Application - Department of Public Health - Ryan White HIV Emergency Relief Program - $36,118,233 - Pages: 17-18 - Sponsors: Mayor; Dufty and Campos - Vote 1: adoption, likely final - Action: 101253 [Grant Application - Department of Public Health - Ryan White HIV Emergency Relief Program - $36,118,233] Sponsors: Mayor; Dufty and Campos Resolution authorizing the San Francisco Department of Public Health to submit an application to continue to receive funding for the “HIV/AIDS Emergency Relief Grant Programs (Ryan White Programs, Part A)” Grant from the Health Resources Services Administration, requesting $36,118,233 in HIV Emergency Relief Program funding for the San Francisco Eligible Metropolitan Area from March 1, 2011, through February 28, 2012. Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101257: Condemning the September 24, 2010, FBI Raids - Pages: 18 - Sponsors: Mar; Daly, Campos and Avalos - Vote 1: continuance - Action: 101257 [Condemning the September 24, 2010, FBI Raids] Sponsors: Mar; Daly, Campos and Avalos Resolution condemning the September 24, 2010, FBI raids on Trade Union, Anti-War, and Solidarity Activists. Supervisor Campos requested to be added as a co-sponsor. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to October 19, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101268: Waiver of Street Encroachment Inspection Fee for Golden Gate Transportation District - Pages: 19 - Sponsors: Elsbernd ### File 101269: Accept and Expend Grant - Probation Specialized Supervision Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $300,000 - Pages: 19 - Sponsors: Maxwell ### File 101270: Accept and Expend Grant - San Francisco Reentry Courts and Amendment to the Annual Salary Ordinance for FY2010-2011 - $500,000 - Pages: 19-20 - Sponsors: Mirkarimi ### File 101271: Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011 - Pages: 20 - Sponsors: Mayor ### File 101272: Conflict of Interest Code Amendments - Pages: 20 ### File 101273: Accept and Expend Grant - Department of Public Library - Staff Education Program - $10,512 - Pages: 20 - Sponsors: Chu ### File 101274: Accept and Expend Grant - Arts Commission - Koret Foundation for ArtCare Program - $15,000 - Pages: 20-21 - Sponsors: Dufty ### File 101275: Accept and Expend Grant - Illegal Dumping Abatement Project - Not to Exceed $350,000 - Pages: 21 - Sponsors: Maxwell ### File 101276: Preventing Bullying and Suicide of Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth - Pages: 21 - Sponsors: Campos; Dufty, Alioto-Pier, Mar and Avalos ### File 101278: Proclaiming November 5, 2010, as Angels in America Day - Pages: 21 - Sponsors: Dufty; Campos ### File 101279: Accept and Expend Grant - Arts Commission - Tulsa Community Foundation for ArtCare Program - $5,000 - Pages: 21 - Sponsors: Dufty ### File 101280: Supporting Greenhouse Gas Reduction Targets - Pages: 21-22 - Sponsors: Mar ### File 101281: Issuance and Sale of Revenue Bonds - 2235-3rd Street Apartments - Not to Exceed $60,000,000 - Pages: 22 - Sponsors: Maxwell ### File 101282: Accept and Expend Grant - The ARTery Project - $250,000 - Pages: 22 - Sponsors: Mayor; Dufty ### File 101283: San Francisco Public Utilities Commission's Community Benefits Program - Pages: 22 - Sponsors: Maxwell ### File 101284: Review of Fiscal Impacts of Hosting the America's Cup - Pages: 22 - Sponsors: Mirkarimi ### File 101277: Waiver Permitting City Employees to Assist the Department of Elections with the November 2, 2010, Consolidated General Election - Pages: 22-23 - Sponsors: Chiu ### File 101285: Confirming Reappointment, Edwin Lee as City Administrator - Pages: 23 - Sponsors: Mayor ### File 101229: Planning Code - Landmark Designation of 1890 Chestnut Street (Marina Branch Library) - Pages: 23 - Sponsors: Alioto-Pier ### File 101230: Planning Code - Landmark Designation of 2000 Mason Street (North Beach Branch Library) - Pages: 23 ### File 101231: Settlement of Lawsuit - Galliera, Inc. dba Trico Construction - $700,000 - Pages: 23 ### File 101232: Settlement of Lawsuit - Jeri D. Sessler - $75,000 - Pages: 23-24 ### File 101222: Settlement of Unlitigated Claim - Lily Martene Baxter - $45,000 - Pages: 24 ### File 101223: Settlement of Unlitigated Claim - Adam Feibelman - $55,000 - Pages: 24 ### File 101224: Settlement of Unlitigated Claim - McLarens Young International - $70,000 - Pages: 24 ### File 101225: Approving Landfill Disposal and Facilitation Agreements - Department of the Environment - Recology San Francisco - Pages: 24 ### File 101227: Street Artist Spaces - 17th Street at Castro and Market Streets - Pages: 24 ### File 101228: Contract Modification - Hamilton Family Center - $180,000 - Pages: 24-25 ### File 101233: Settlement of Unlitigated Claim - Danielle J. Rinsler - $215,000 - Pages: 25 ### File 101258: Functional Classification Change for Local Streets - Pages: 25-28 ## Extracted text ### [Page 1](https://sfbos.info/documents/2027/2010-10-05-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, October 5, 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 33 ### [Page 2](https://sfbos.info/documents/2027/2010-10-05-minutes#page-2) Board of Supervisors Meeting Minutes 10/5/2010 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 2:10 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS There were none. CONSENT AGENDA Recommendation of the Budget and Finance Committee 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) ADOPTED Recommendations of the City Operations and Neighborhood Services Committee 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) ADOPTED City and County of San Francisco Page 869 Printed at 2:38 pm on 11/14/10 ### [Page 3](https://sfbos.info/documents/2027/2010-10-05-minutes#page-3) Board of Supervisors Meeting Minutes 10/5/2010 101149 [Liquor License, 1097 Howard Street, #209] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Christy Bergman for The Secret Wine Shop at 1097 Howard St., #209 (District 6), 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. ADOPTED 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. ADOPTED 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. ADOPTED 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. Supervisor Mar requested to be added as a co-sponsor. ADOPTED City and County of San Francisco Page 870 Printed at 2:38 pm on 11/14/10 ### [Page 4](https://sfbos.info/documents/2027/2010-10-05-minutes#page-4) Board of Supervisors Meeting Minutes 10/5/2010 Recommendations of the Land Use and Economic Development Committee 100757 [Public Works Code - Minor Encroachment Fee Waiver for Affordable Housing Projects] Sponsor: Daly Ordinance amending Public Works Code, Article 15, Section 723.2, to provide for a waiver of the annual public right-of-way occupancy fee for minor sidewalk encroachment permits necessary for the development of 100% affordable housing projects and adopting environmental findings. FINALLY PASSED 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) FINALLY PASSED 100918 [Mission Bay North - Blocks N3-N3A Public Infrastructure Improvements] Sponsor: Daly Ordinance accepting the irrevocable offer of public infrastructure improvements associated with Mission Bay North - Blocks N3-N3A, including acquisition facilities on portions of King Street, Berry Street, Fourth Street, and Fifth Street; declaring such areas as shown on official Department of Public Works maps as open public right-of-way; designating such areas and improvements for street and roadway purposes; establishing street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; accepting a pedestrian access and utility easement relating to the project; adopting environmental findings and findings that such actions are consistent with the City’s General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the Mission Bay North Redevelopment Plan; accepting Department of Public Works Order No. 178,752; and authorizing official acts in connection with this Ordinance. (Public Works Department) FINALLY PASSED The foregoing items were acted upon 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 871 Printed at 2:38 pm on 11/14/10 ### [Page 5](https://sfbos.info/documents/2027/2010-10-05-minutes#page-5) Board of Supervisors Meeting Minutes 10/5/2010 REGULAR AGENDA UNFINISHED BUSINESS Vetoed by the Mayor Supervisor Alioto-Pier Excused from Voting Supervisor Elsbernd, seconded by Supervisor Dufty, previously moved that Supervisor Alioto-Pier be excused from voting on File No. 100865 at the Regular Meeting of September 21, 2010. 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. APPROVED OVER THE MAYOR'S VETO. The motion FAILED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 3 - Chu, Dufty, Elsbernd Excused: 1 - Alioto-Pier NEW BUSINESS Recommendations of the Budget and Finance Committee 101103 [Appropriating $2,188,777 of General Fund Reserve for Indigent Defense Expenses in the Superior Court for FY2009-2010] Sponsor: Mayor Ordinance appropriating $2,188,777 of General Fund Reserve to fund indigent defense expenses associated with increased felony caseloads in the Superior Court for FY2009-2010, requiring a two-thirds affirmative vote of all members of the Board of Supervisors per San Francisco Charter Section 9.113. (Fiscal Impact.) 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 872 Printed at 2:38 pm on 11/14/10 ### [Page 6](https://sfbos.info/documents/2027/2010-10-05-minutes#page-6) Board of Supervisors Meeting Minutes 10/5/2010 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) ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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. ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the City Operations and Neighborhood Services Committee 100528 [Exempting Certain Nonprofits from Guide Permit Requirement] Sponsor: Alioto-Pier Ordinance amending the San Francisco Police Code by amending Section 1295 to exempt nonprofit organizations conducting educational tours from the requirement to obtain a guide permit. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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. Supervisor Mar requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Alioto-Pier, moved that this Ordinance be AMENDED on Page 2, Line 16, by adding '3. This criteria, application, and selection process, should include a review and analysis of the restaurant's labor practices towards its employees including but not limited to employees' regular and overtime wage rates, the restaurants' break policies, tip policies, health and safety training protocols, worker's compensation insurance coverage plans, sick leave policies, health insurance or coverage options offered to employees, family leave policies, and non-discrimination policies or protocols.' The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi PASSED ON FIRST READING AS AMENDED 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 873 Printed at 2:38 pm on 11/14/10 ### [Page 7](https://sfbos.info/documents/2027/2010-10-05-minutes#page-7) Board of Supervisors Meeting Minutes 10/5/2010 100645 [Naming the 17th Street Pedestrian Plaza in the Castro as Jane Warner Plaza] Sponsor: Dufty Resolution naming the 17th Street pedestrian plaza located at the intersection of 17th Street, Castro Street, and Market Street as Jane Warner Plaza. ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Government Audit and Oversight Committee 100873 [Animal Care and Control Welfare Fund - Not to Exceed $50,000] Sponsors: Chu; Mar Ordinance amending the San Francisco Administrative Code, Chapter 10, by amending Section 10.100-23, to change the gift fund category for the Animal Care and Control Welfare Fund, and to authorize the Department of Animal Care and Control to accept gifts of cash, equipment, property, and services not to exceed $50,000. Supervisor Mar 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 100877 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled “Sharing the Roadway: From Confrontation to Conversation”] 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 “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. Supervisor Mar requested to be added as sponsor. 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 874 Printed at 2:38 pm on 11/14/10 ### [Page 8](https://sfbos.info/documents/2027/2010-10-05-minutes#page-8) Board of Supervisors Meeting Minutes 10/5/2010 Recommendation of the Land Use and Economic Development Committee Supervisor Daly Excused from Voting Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that Supervisor Daly be excused from voting on File No. 100188. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Daly 100188 [Zoning - 1800 Market Street Community Center Project Special Use District] Sponsors: Dufty; Mirkarimi Ordinance amending the San Francisco Planning Code by adding Section 787 to establish the 1800 Market Street Community Center Project Special Use District for property located at 1800 Market Street (Lot No. 014, Assessor's Block No. 871), located at the northwest corner of Market Street and Octavia Boulevard; amending Sheet No. SU07 of the Zoning Map of the City and County of San Francisco to reflect this new Special Use District; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Daly City and County of San Francisco Page 875 Printed at 2:38 pm on 11/14/10 ### [Page 9](https://sfbos.info/documents/2027/2010-10-05-minutes#page-9) Board of Supervisors Meeting Minutes 10/5/2010 SPECIAL ORDER 2:30 P.M. 101031 [Public Hearing - Appeal of Final Environmental Impact Report for 222-2nd Street] Hearing of persons interested in or objecting to the decision of the Planning Commission’s August 12, 2010, Certification of a Final Environmental Impact Report identified as Planning Case No. 2006.1106E, through its Motion No. 18166, for a proposed office project located at 222-2nd Street with 430,650 gross square feet of office space, approximately 4,963 square feet of ground-floor retail space; and approximately 27,932 square feet of parking area located on two below ground parking levels, with approximately 54 parking spaces, with the capacity for 80 vehicles with valet parking within the C-3-O (SD) Downtown Office (Special Development) District and 350-S/150-S Height and Bulk Districts, Lot No. 063, in Assessor's Block No. 3735. (District 6) (Appellant: Sue C. Hestor, on behalf of 246-2nd Street Owners Association) (Filed September 1, 2010; Companion to File Nos. 101032, 101033, 101034.) The President inquired as to whether any member of the public wished to address the Board. Sue Hestor and Armand Der-Hacobian (Appellants) provided an overview of the appeal and further requested the Board to approve the appeal. Greg Patterson; Female Speaker; Will Peeler; Tom Amimotto; Edmond Juicye; spoke in support of the appeal. There were no other speakers in support of the appeal. John Rahaim, Director of the Planning Department, Michael Jacinto and Sarah Jones (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Andrew Junius (Project Sponsor) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Male Speaker; Justin Bettercry; Michael Theriault; Joel Koppel; Victor Gonzalez; Carl Shannon; spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Sue Hestor (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 101032 [Affirming the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Noes: 6 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Noes: 4 - Avalos, Campos, Daly, Mar City and County of San Francisco Page 876 Printed at 2:38 pm on 11/14/10 ### [Page 10](https://sfbos.info/documents/2027/2010-10-05-minutes#page-10) Board of Supervisors Meeting Minutes 10/5/2010 101033 [Reversing the Certification of the 222-2nd Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Noes: 6 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Noes: 4 - Avalos, Campos, Daly, Mar 101034 [Preparation of Findings to Reverse Certification of the 222-2nd 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 222-2nd Street Project. Supervisor Daly, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 5 - Avalos, Campos, Daly, Mar, Mirkarimi Noes: 6 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell Supervisor Elsbernd, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi Noes: 4 - Avalos, Campos, Daly, Mar City and County of San Francisco Page 877 Printed at 2:38 pm on 11/14/10 ### [Page 11](https://sfbos.info/documents/2027/2010-10-05-minutes#page-11) Board of Supervisors Meeting Minutes 10/5/2010 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 101249 [Public Hearing - Resolution to Establish (Renew) the 2500 Block of Mission Street Business Improvement District, to Now be Known as the Mission Miracle Mile Business Improvement District] Sponsor: Campos Hearing of persons interested in or objecting to proposed Resolution establishing a property-based Business Improvement District to now be known as the "Mission Miracle Mile Business Improvement District," by: (1) renewing the previously established 2500 Block of Mission Street Business Improvement District for a period of five years and six months; (2) approving the management district plan and engineer's report and boundaries map; (3) ordering the levy and collection of assessments against the property located in the Mission Miracle Mile Business Improvement District for five years, for FYs2010-2011 through 2014-2015 (each FY begins on July 1 and ends the following June 30), subject to conditions as specified; (4) approving services, improvements, and activities to be provided through December 31, 2015; and (5) making environmental findings. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole. Phillip Lessor; Edmond Juicye; spoke in support of the assessment district. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report 101250 [Resolution to Establish (Renew) the 2500 Block of Mission Street Business Improvement District, to Now be Known as the Mission Miracle Mile Business Improvement District] Sponsor: Campos Resolution establishing a property-based Business Improvement District to now be known as the "Mission Miracle Mile Business Improvement District," by: (1) renewing the previously established 2500 Block of Mission Street Business Improvement District for a period of five years and six months; (2) approving the management district plan and engineer's report and boundaries map; (3) ordering the levy and collection of assessments against the property located in the Mission Miracle Mile Business Improvement District for five years, for FYs2010-2011 through 2014-2015 (each FY begins on July 1 and ends the following June 30), subject to conditions as specified; (4) approving services, improvements, and activities to be provided through December 31, 2015; and (5) making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Mission Mirale Mile BID was 82.56%, and the returned weighted ballots voting against the Mission Miracle Mile BID was 17.44%, further indicating there was no majority protest. ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Dufty City and County of San Francisco Page 878 Printed at 2:38 pm on 11/14/10 ### [Page 12](https://sfbos.info/documents/2027/2010-10-05-minutes#page-12) Board of Supervisors Meeting Minutes 10/5/2010 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 Ron Blatman in recognition for his Saving the Bay series and continued community involvement. Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to Augustino Crotti of Tomasso's in recognition of the restaurant's 75th Anniversary and continued community involvement. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Pat Kaussen of the Richmond District Neighborhood Center in recognition of the center's accomplishments and continued community involvement. Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to the members of the California Coalition for Domestic Worker's Rights in recognition of their campaign to pass a Domestic Worker Bill of Rights in California and continued community involvement. SPECIAL ORDER 4:00 P.M. 101135 [Appeal of Conditional Use for 1268 Grant Avenue Project] Hearing of persons interested in or objecting to the decision of the Planning Commission's August 5, 2010, Conditional Use Authorization identified as Planning Case No. 2010.0438C, by its Motion No. 18160, under Planning Code Section 790.38, to allow an Other Entertainment use, in an existing restaurant and bar (dba King of Thai Noodle House) located at 1268 Grant Avenue, within the North Beach Neighborhood Commercial District (NCD), the 40-X Height and Bulk District, and the North Beach Special Use District (SUD), in Assessor’s Block No. 0145, Lot No. 032. (District 3) (Filed by Vedica Puri, on behalf of the Telegraph Hill Dwellers, and subscribed by Supervisors Chiu, Avalos, Campos, Mar, and Maxwell.) (Filed September 7, 2010; Companion Measure to File Nos. 101136, 101137 and 101138.) The President inquired as to whether any member of the public wished to address the Board. Vedica Puri (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Joan Wood; Howard Wong; Tara-May Herozarian; Mark Bitner; Judy Irving; Jeri Crawley; spoke in support of the appeal. There were no other speakers in support of the appeal. Tara Sullivan (Planning Department) and Commander Jim Dudley (Police Department) provided details of the project and responded to questions raised throughout the discussion. Arthur Lipton (Project Sponsor) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Stephen Cazala; Anthony Chaichana (Owner); spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Vedica Puri (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 City and County of San Francisco Page 879 Printed at 2:38 pm on 11/14/10 ### [Page 13](https://sfbos.info/documents/2027/2010-10-05-minutes#page-13) Board of Supervisors Meeting Minutes 10/5/2010 101136 [Approving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion approving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, 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 101137 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 1268 Grant Avenue] Motion disapproving decision of the Planning Commission by its Motion No. 18160, approving Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101138 [Preparation of Findings Related to the Conditional Use Appeal for 1268 Grant Avenue] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Application No. 2010.0438C on property located at 1268 Grant Avenue. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. 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 880 Printed at 2:38 pm on 11/14/10 ### [Page 14](https://sfbos.info/documents/2027/2010-10-05-minutes#page-14) Board of Supervisors Meeting Minutes 10/5/2010 SPECIAL ORDER 4:00 P.M. Supervisor Elsbernd Excused from Voting Supervisor Dufty, seconded by Supervisor Chu, moved that Supervisor Elsbernd be excused from voting on File Nos. 101185, 101186, 101187, and 101188. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd 101185 [Appeal of Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Hearing of persons interested in or objecting to the decision of the Department of Public Works dated September 7, 2010, affirming the approval of a Tentative Parcel Map for 4 lots subdivision project located at 0 Los Palmos Drive (vacant), Lot No. 116, in Assessor’s Block No. 3027A, and 795 Foerster Street, Lot No. 117, in Assessor’s Block No. 3027A. (District 7) (Appellant: Sina Tarassoly) (Filed September 17, 2010; Companion Measure to File Nos. 101186, 101187 and 101188.) The President inquired as to whether any member of the public wished to address the Board. Sina Tarassoly (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Karen Bronsin; M.J. Parker; Otis Morgan; Ed Kelly; Rod Gunthry; Joseph Torrico; Male Speaker; Tony Arson; spoke in support of the appeal. There were no other speakers in support of the appeal. Bruce Storrs (Department of Public Works), Tara Sullivan and Scott Sanchez (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Brett Gladstone (Project Sponsor) provided details of the project and further requested the Board to uphold the decision of the Public Works Department. There were no speakers in support of the project. Sina Tarassoly (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 101186 [Approving Decision of the Department of Public Works and Approving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion approving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and approving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd City and County of San Francisco Page 881 Printed at 2:38 pm on 11/14/10 ### [Page 15](https://sfbos.info/documents/2027/2010-10-05-minutes#page-15) Board of Supervisors Meeting Minutes 10/5/2010 101187 [Disapproving Decision of the Department of Public Works and Disapproving the Tentative Parcel Map for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion disapproving the decision of the Department of Public Works, finding the Tentative Parcel Map consistent with the City's General Plan and eight priority policies of Planning Code Section 101.1, and disapproving the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd 101188 [Findings Related to the Tentative Parcel Map Disapproval for 0 Los Palmos Drive (Vacant) and 795 Foerster Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 4-lot subdivision located at 0 Los Palmos Drive (vacant), Assessor's Block No. 3027A, Lot No. 116; and 795 Foerster Street, Assessor's Block No. 3027A, Lot No. 117. Supervisor Chu, seconded by Supervisor Dufty, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Excused: 1 - Elsbernd COMMITTEE REPORTS Recommendations of the Rules Committee 100906 [Appointment, Police Commission - R. James Slaughter] Sponsor: Mayor Motion confirming the Mayor's nomination of, and appointing, R. James Slaughter to the San Francisco Police Commission for the unexpired portion of a four-year term ending April 30, 2012. (Section 4.109 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date - August 12, 2010.) APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly City and County of San Francisco Page 882 Printed at 2:38 pm on 11/14/10 ### [Page 16](https://sfbos.info/documents/2027/2010-10-05-minutes#page-16) Board of Supervisors Meeting Minutes 10/5/2010 100776 [Reappointment, Planning Commission - Gwyneth Borden] Motion approving the Mayor’s reappointment of Gwyneth Borden to the Planning Commission term ending July 1, 2014. (Clerk of the Board) (Section 4.105 of the City Charter provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved; companion measure to File 100777. Transmittal date - September 2, 2010.) APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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.) ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Alioto-Pier Recommendation of the Land Use and Economic Development Committee 101115 [Directing the Director of the Office of Economic and Workforce Development to Prepare an Infrastructure Financing Plan] Sponsor: Mayor Resolution authorizing and directing the Controller and his designee to prepare a report for Infrastructure Financing District No. 1 (Rincon Hill Area) and determining other matters related thereto. This item was not sent as a Committee Report. 101116 [Resolution of Intention to Establish an Infrastructure Financing District] Sponsor: Mayor Resolution of Intention to establish an Infrastructure Financing District No. 1 (Rincon Hill Area) to finance the construction and/or acquisition of capital improvements in the Rincon Hill area; to call a public hearing on the formation of the district and to provide public notice thereof and other matters related thereto. This item was not sent as a Committee Report. City and County of San Francisco Page 883 Printed at 2:38 pm on 11/14/10 ### [Page 17](https://sfbos.info/documents/2027/2010-10-05-minutes#page-17) Board of Supervisors Meeting Minutes 10/5/2010 101254 [Affirmation of Support of San Francisco's Bid for the 34th America's Cup and Endorsement of Host City] Sponsors: Mayor; Chiu, Mirkarimi, Dufty, Alioto-Pier, Maxwell and Chu Resolution supporting the efforts of the City and the San Francisco America's Cup Organizing Committee to bring the 34th America's Cup to the San Francisco Bay and encouraging BMW Oracle Racing and the Golden Gate Yacht Club to select San Francisco as the official Host City for the 34th America's Cup in 2013 and endorsing the Term Sheet for hosting the 34th America's Cup in San Francisco. Privilege of the floor was granted to Jennifer Matz, Director of the Mayor's Office of Economic and Workforce Development, Rich Hillis and Kyri McClellan (OEWD), Monique Moyer, Director of the Port of San Francisco, and Elaine Forbes (Port) who responded to questions raised throughout the discussion regarding File No. 101254. ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 2 - Avalos, Daly ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Irene Krepps; expressed concerns relating to the proposed landfill contract. Barbara Connolly; expressed concerns relating to the proposed landfill contract. Jennifer Nicolletto; expressed concerns relating to an upcoming protest in Marin County. Male Speaker; expressed various religious concerns. Edmond Juicye; expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Elsbernd was noted absent at 7:05 p.m. for the remainder of the meeting. 101253 [Grant Application - Department of Public Health - Ryan White HIV Emergency Relief Program - $36,118,233] Sponsors: Mayor; Dufty and Campos Resolution authorizing the San Francisco Department of Public Health to submit an application to continue to receive funding for the “HIV/AIDS Emergency Relief Grant Programs (Ryan White Programs, Part A)” Grant from the Health Resources Services Administration, requesting $36,118,233 in HIV Emergency Relief Program funding for the San Francisco Eligible Metropolitan Area from March 1, 2011, through February 28, 2012. Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd City and County of San Francisco Page 884 Printed at 2:38 pm on 11/14/10 ### [Page 18](https://sfbos.info/documents/2027/2010-10-05-minutes#page-18) Board of Supervisors Meeting Minutes 10/5/2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Alioto-Pier requested that File No. 101257 be severed so that it may be considered separately. 101257 [Condemning the September 24, 2010, FBI Raids] Sponsors: Mar; Daly, Campos and Avalos Resolution condemning the September 24, 2010, FBI raids on Trade Union, Anti-War, and Solidarity Activists. Supervisor Campos requested to be added as a co-sponsor. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to October 19, 2010. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd IMPERATIVE AGENDA There were none. City and County of San Francisco Page 885 Printed at 2:38 pm on 11/14/10 ### [Page 19](https://sfbos.info/documents/2027/2010-10-05-minutes#page-19) Board of Supervisors Meeting Minutes 10/5/2010 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Ordinances 101268 [Waiver of Street Encroachment Inspection Fee for Golden Gate Transportation District] Sponsor: Elsbernd Ordinance waiving the Street Encroachment Permit Inspection Fee established through Public Works Code Section 2.1.1 for signs related to bus service for the Golden Gate Bridge, Highway, and Transportation District. 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101269 [Accept and Expend Grant - Probation Specialized Supervision Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $300,000] Sponsor: Maxwell Ordinance authorizing the Department of Adult Probation to retroactively accept and expend a grant in the amount of $300,000 from the California Emergency Management Agency for Probation Specialized Supervision Program federally funded through the Violence Against Women Act and amend Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of three (3) grant-funded positions (.75 FTE) in Class 8444 Deputy Probation Officer, (.50 FTE) in Class 9920 Public Service Aide/Probation Aide, and (.50 FTE) in Class 9920 Public Service Aide/Probation Aide at the Department of Adult Probation. 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101270 [Accept and Expend Grant - San Francisco Reentry Courts and Amendment to the Annual Salary Ordinance for FY2010-2011 - $500,000] Sponsor: Mirkarimi Ordinance authorizing the Adult Probation Department to retroactively accept and expend a grant in the amount of $500,000 from the Office of Justice Programs for funding under the Second Chance Act State, Local and Tribal Reentry Courts, and amend Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of (4) four grant funded positions; (.20 FTE) in Class 8138 Court Reporter at the Adult Probation Department, (.20 FTE) in Class 8113 Court Clerk at the Adult Probation Department, (.40 FTE) in Class 8177 Attorney at the Office of the Public Defender (PDR) and (.75 FTE) in Class 2912 Sr. Social Worker at the Department of Public Health. 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 886 Printed at 2:38 pm on 11/14/10 ### [Page 20](https://sfbos.info/documents/2027/2010-10-05-minutes#page-20) Board of Supervisors Meeting Minutes 10/5/2010 101271 [Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $9,035,065 of Certificate of Participation Series 2011A Delivery Date Expenses to fund multiple Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability in the General Services Agency - Office of the City Administrator for FY2010-2011, and placing these funds on Controller’s reserve pending issuance of the Certificates of Participation. 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101272 [Conflict of Interest Code Amendments] Ordinance amending Chapter 1 of Article III of the Campaign and Governmental Conduct Code by amending Sections 3.1-107, 3.1-140, 3.1-150, 3.1-155, 3.1-175, 3.1-190, 3.1-195, 3.1-205, 3.1-207, 3.1-218, 3.1-240, 3.1-245, 3.1-250, 3.1-251, 3.1-267, 3.1-275, 3.1-312, 3.1-315, 3.1-320, 3.1-325, 3.1-355, 3.1-362, 3.1-365, 3.1-390, 3.1-422, 3.1-445, 3.1-450 to update the list of designated employees who must file financial disclosure statements and to modify the applicable disclosure categories and deleting Section 3.1-235 to reflect the current composition of City departments. (Clerk of the Board) 10/05/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/5/2010. Resolutions 101273 [Accept and Expend Grant - Department of Public Library - Staff Education Program - $10,512] Sponsor: Chu Resolution authorizing the Department of Public Library to accept and expend a grant in the amount of $10,512 from the California State Library as part of the Federal Library Services and Technology Act for reimbursing tuition expenses of library employees pursuing a degree or certificate in library science at an institution of higher education. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101274 [Accept and Expend Grant - Arts Commission - Koret Foundation for ArtCare Program - $15,000] Sponsor: Dufty Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $15,000 from the Koret Foundation for general operating support of the ArtCare program. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 887 Printed at 2:38 pm on 11/14/10 ### [Page 21](https://sfbos.info/documents/2027/2010-10-05-minutes#page-21) Board of Supervisors Meeting Minutes 10/5/2010 101275 [Accept and Expend Grant - Illegal Dumping Abatement Project - Not to Exceed $350,000] Sponsor: Maxwell Resolution authorizing the Director of the Department of Public Works to apply for, accept and expend a grant in the amount of up to but not to exceed $350,000 from the Solid Waste Disposal Clean-up Site Trust Fund for clean-up of illegal dumping sites in San Francisco. 10/05/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. 101276 [Preventing Bullying and Suicide of Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) Youth] Sponsors: Campos; Dufty, Alioto-Pier, Mar and Avalos Resolution affirming the importance of maintaining a safety net for LGBTQ youth, and encouraging schools, colleges, and universities to prevent bullying and raise awareness about LGBTQ suicide prevention services. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101278 [Proclaiming November 5, 2010, as Angels in America Day] Sponsors: Dufty; Campos Resolution proclaiming November 5, 2010, as Angels in America Day in San Francisco to recognize the tremendous worldwide impact Tony Kushner’s play has had since it first premiered at San Francisco’s Eureka Theater in 1991. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101279 [Accept and Expend Grant - Arts Commission - Tulsa Community Foundation for ArtCare Program - $5,000] Sponsor: Dufty Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $5,000 from the Tulsa Community Foundation for general operating support of the ArtCare program. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101280 [Supporting Greenhouse Gas Reduction Targets] Sponsor: Mar Resolution supporting the California Air Resources Board's leadership in developing and implementing strategies for meeting California's greenhouse gas reduction targets, and in promoting emission reductions from motor vehicles. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 888 Printed at 2:38 pm on 11/14/10 ### [Page 22](https://sfbos.info/documents/2027/2010-10-05-minutes#page-22) Board of Supervisors Meeting Minutes 10/5/2010 101281 [Issuance and Sale of Revenue Bonds - 2235-3rd Street Apartments - Not to Exceed $60,000,000] Sponsor: Maxwell Resolution approving the issuance and sale of tax-exempt bonds by the Association of Bay Area Governments Finance Authority For Nonprofit Corporations in an aggregate principal amount not to exceed $60,000,000 for financing the acquisition, construction and rehabilitation of 2235-3rd Street Apartments, subject to the policies for such approvals adopted by the Board of Supervisors. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101282 [Accept and Expend Grant - The ARTery Project - $250,000] Sponsors: Mayor; Dufty Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $250,000 from the National Endowment for the Arts for the Mid Market Cultural District Partnership, now called The ARTery Project. 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests for Hearing 101283 [San Francisco Public Utilities Commission's Community Benefits Program] Sponsor: Maxwell Hearing on the status of the San Francisco Public Utilities Commission's Community Benefits Program. 10/05/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101284 [Review of Fiscal Impacts of Hosting the America's Cup] Sponsor: Mirkarimi Hearing before the Budget and Finance Committee to review the fiscal feasibility and responsibility, including analysis from the Budget Analyst, of the City hosting the America's Cup Regatta under the conditions contemplated and set forth in the "Term Sheet" to fully understand and define the City's expectations for both the short term and long term benefits that would accrue to the City for the purposes of negotiating a formal Host City Agreement. (Economic Impact.) 10/05/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. Motions 101277 [Waiver Permitting City Employees to Assist the Department of Elections with the November 2, 2010, Consolidated General Election] Sponsor: Chiu Motion granting a waiver from the prohibition imposed by Charter Section 13.104.5, to permit City employees to assist the Department of Elections with the November 2, 2010, Consolidated General Election. 10/05/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 889 Printed at 2:38 pm on 11/14/10 ### [Page 23](https://sfbos.info/documents/2027/2010-10-05-minutes#page-23) Board of Supervisors Meeting Minutes 10/5/2010 101285 [Confirming Reappointment, Edwin Lee as City Administrator] Sponsor: Mayor Motion confirming the reappointment of Edwin Lee to a five-year term as City Administrator under Charter Section 3.104. 10/05/10; RECEIVED AND ASSIGNED to Rules Committee. Introduced by the President at the Request of Departments PROPOSED ORDINANCES 101229 [Planning Code - Landmark Designation of 1890 Chestnut Street (Marina Branch Library)] Sponsor: Alioto-Pier Ordinance designating 1890 Chestnut Street (Marina Branch Library), Lot No. 001 in Assessor's Block No. 0469, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1 and environmental findings. (Planning Department) 09/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101230 [Planning Code - Landmark Designation of 2000 Mason Street (North Beach Branch Library)] Ordinance designating 2000 Mason Street (North Beach Branch Library), Lot No. 001 in Assessor's Block No. 0074, as a Landmark under Article 10 of the San Francisco Planning Code; and adopting General Plan, Planning Code Section 101.1 and environmental findings. (Planning Department) 09/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101231 [Settlement of Lawsuit - Galliera, Inc. dba Trico Construction - $700,000] Ordinance authorizing settlement of the lawsuit filed by Galliera, Inc. dba Trico Construction against the City and County of San Francisco for $700,000; the lawsuit was filed on December 29, 2008, in San Francisco Superior Court, Case No. CGC-08-483555, entitled Galliera, Inc. dba Trico Construction v. City and County of San Francisco, et al.; other material terms of the settlement are: (1) the settlement includes the consolidated action Cal Centurian Construction, Inc. dba RWR Construction v. Galliera, Inc. dba Trico Construction, et al., San Francisco Superior Court, Case No. CGC-09-485849, (2) the settlement includes all cross-complaints, (3) mutual releases except for warranties, guarantees, latent defects, and personal injury, (4) dismissal of all complaints and cross-complaints with prejudice, and (5) each party to bear its own attorneys fees and costs. (City Attorney) 09/27/10; RECEIVED AND ASSIGNED to Rules Committee. 101232 [Settlement of Lawsuit - Jeri D. Sessler - $75,000] Ordinance authorizing settlement of the lawsuit filed by Jeri D. Sessler against the City and County of San Francisco for $75,000; the lawsuit was filed on June 3, 2009, in San Francisco Superior Court, Case No. CGC-09-488998; entitled Jeri D. Sessler, et al. v. City and County of San Francisco, et al. (City Attorney) 09/27/10; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 890 Printed at 2:38 pm on 11/14/10 ### [Page 24](https://sfbos.info/documents/2027/2010-10-05-minutes#page-24) Board of Supervisors Meeting Minutes 10/5/2010 PROPOSED RESOLUTIONS 101222 [Settlement of Unlitigated Claim - Lily Martene Baxter - $45,000] Resolution approving the settlement of the unlitigated claim filed by Lily Martene Baxter against the City and County of San Francisco for $45,000; claim was filed on February 10, 2010. (City Attorney) 09/21/10; RECEIVED AND ASSIGNED to Rules Committee. 101223 [Settlement of Unlitigated Claim - Adam Feibelman - $55,000] Resolution approving the settlement of the unlitigated claim filed by Adam Feibelman against the City and County of San Francisco for $55,000; claim was filed on February 10, 2010. (City Attorney) 09/21/10; RECEIVED AND ASSIGNED to Rules Committee. 101224 [Settlement of Unlitigated Claim - McLarens Young International - $70,000] Resolution approving the settlement of the unlitigated claim filed by McLarens Young International against the City and County of San Francisco for $70,000; claim was filed on May 25, 2010. (City Attorney) 09/21/10; RECEIVED AND ASSIGNED to Rules Committee. 101225 [Approving Landfill Disposal and Facilitation Agreements - Department of the Environment - Recology San Francisco] Resolution approving a ten-year Landfill Disposal Agreement and Facilitation Agreement with Recology San Francisco under Charter Section 9.118. (Environment) 09/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101227 [Street Artist Spaces - 17th Street at Castro and Market Streets] Resolution approving continued designation of eight (8) former temporary selling spaces in “mini-plaza” on 17th Street at Castro and Market Streets for street artists certified by the Arts Commission, City and County of San Francisco; exempting said spaces from the regulation of Police Code Section 2405(c)(11) relating to distance between street artists. (Arts Commission) 09/24/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101228 [Contract Modification - Hamilton Family Center - $180,000] Resolution concurring with the Human Services Agency's Declaration of Emergency to modify the contract between the City and County of San Francisco and Hamilton Family Center to provide emergency elevator repairs for the family shelter in the amount of $180,000. (Human Services Department) 09/24/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 891 Printed at 2:38 pm on 11/14/10 ### [Page 25](https://sfbos.info/documents/2027/2010-10-05-minutes#page-25) Board of Supervisors Meeting Minutes 10/5/2010 101233 [Settlement of Unlitigated Claim - Danielle J. Rinsler - $215,000] Resolution approving the settlement of the unlitigated claim filed by Danielle J. Rinsler against the City and County of San Francisco for $215,000; Government Code Claim was filed on November 24, 2009, (Govt. Claim No. 10-01422) and California Department of Fair Employment & Housing charge was filed on January 11, 2010, (Charge No. E200910A0351-rsc). (City Attorney) 09/27/10; RECEIVED AND ASSIGNED to Rules Committee. 101258 [Functional Classification Change for Local Streets] Resolution approving the Department of Public Works recommended changes to the Functional Classification of local streets and roads and directing the Department to submit this resolution to the State of California, Department of Transportation. (Public Works Department) 09/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 892 Printed at 2:38 pm on 11/14/10 ### [Page 26](https://sfbos.info/documents/2027/2010-10-05-minutes#page-26) Board of Supervisors Meeting Minutes 10/5/2010 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: 998 Oak, on side of building, Scott street side 815 Fell 1170 Fell 890 Page, on Scott street side 798 Haight 208 Scott 250 Scott 1668 Haight 500 Divisadero, on the Fell street side 1151 Fell 949 Fell 350 Laguna City and County of San Francisco Page 893 Printed at 2:38 pm on 11/14/10 ### [Page 27](https://sfbos.info/documents/2027/2010-10-05-minutes#page-27) Board of Supervisors Meeting Minutes 10/5/2010 457 Haight 533 Haight 446 Haight 448 Haight 673 Haight 681 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 following locations: Garbage Can Northeast corner Grove and Webster Northeast corner Hayes and Fillmore Southeast corner Fell and Fillmore Southwest corner Lyon and Haight Mailbox In front of the DMV, Fell street side Southeast corner Oak and Fillmore Southwest Fillmore and Hermann From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Pole In front of 973 Haight In front of 943 Haight Northeast corner Webster and McAllister Northeast corner Masonic and Waller Southwest corner Broderick and Haight Southeast corner Lyon and Haight Across the street from 937 Buena Vista East Across the street from 1216 Haight Across the street from 1250 Haight Wood Pole East of 530 Grove Northwest corner Ivy and 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 Buchanan and Fell Northeast corner Linden and Buchanan Northeast corner Oak and Buchanan Northeast corner Masonic and Waller Southeast corner Fell and Fillmore Bus Shelter Northeast and Southwest corners Laguna and McAllister City and County of San Francisco Page 894 Printed at 2:38 pm on 11/14/10 ### [Page 28](https://sfbos.info/documents/2027/2010-10-05-minutes#page-28) Board of Supervisors Meeting Minutes 10/5/2010 Southwest corner Divisadero and Haight Southwest corner Grove and Gough Southwest corner Buena Vista East and Haight Southwest corner Buchanan and Haight Fillmore and Haight (all 4 bus stops, graffiti and grime and canopies are graffiti) From: Supervisor Mirkarimi To: City Attorney To: Director, Department of Building Inspection To: Director, Department of Real Estate To: Director, Municipal Transportation Agency To: Director, Office of Economic and Workforce Development To: Director, Recreation and Park Department To: Director, Redevelopment Agency Requesting/Inquiring: Requesting the following City agencies to identify staff contacts for the purpose of participating in a Japantown City Agency Work Group to coordinate efforts between the City, consultants and the community on the Planning Department’s Japantown Better Neighborhoods Plan. From: Supervisor Chiu To: City Attorney Requesting/Inquiring: Requesting the City attorney to draft legislation restricting the use of amplified sound systems on open-air sightseeing buses in San Francisco. In Memoriams Tyler Clementi - Entire Board Rod Billings - Supervisor Dufty ADJOURNMENT There being no further business, the Board adjourned at the hour of 8:32 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 November 9, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 895 Printed at 2:38 pm on 11/14/10