# Board of Supervisors Minutes: December 7, 2010

- Meeting date: 2010-12-07
- Document type: minutes
- Source format: PDF
- Extracted pages: 32
- [Canonical HTML transcript](https://sfbos.info/documents/2041/2010-12-07-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m120710.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 101387: Design Agreement - Public Safety Building, Earthquake Safety, and Emergency Response Bond Program - Not to Exceed $17,205,152

- Pages: 7-8
- Sponsors: Mayor; Chiu
- Vote 1: adoption, likely final
  - Action: 101387 [Design Agreement - Public Safety Building, Earthquake Safety, and Emergency Response Bond Program - Not to Exceed $17,205,152] Sponsors: Mayor; Chiu Resolution authorizing the Director of Public Works to execute an amendment to the professional services agreement for the design of a new public safety building under the Earthquake Safety and Emergency Response Bond Program to increase the not to exceed amount from $3,947,600 to $17,205,152. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 572-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101311: Administrative Code - San Francisco Local Hiring Policy for Construction

- Pages: 8
- Sponsors: Avalos; Mirkarimi, Campos, Daly and Mar
- Vote 1: amendment
  - Action: nding the San Francisco Administrative Code Chapter 6, Public Works Contracting Policies and Procedures, Subsection 6.22(G) to: 1) establish a local hiring policy for City public work or improvement projects requiring contractors and their subcontractors to perform certain percentages of project work hours using San Francisco residents and disadvantaged San Francisco residents; 2) making findings in support of the policy; 3) authorizing incentives for contractors and subcontractors who exceed local hiring requirements; 4) mandating assessment of liquidated damages against contractors and subcontractors who fail to meet minimum local hiring requirements; and 5) establishing monitoring, enforcement, and administrative procedures in support of the policy. (Economic Impact; Fiscal impact.) Supervisor Daly requested to be added as a co-sponsor. Privilege of the floor was granted to Buck Delventhal (City Attorney's Office) who responded to questions raised throughout the discussion further indicating the amendments made to File No. 101311 were non-substantive. Supervisor Avalos, seconded by Supervisor Mirkarimi, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE 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: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

### File 101310: Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks

- Pages: 8-9
- Sponsors: Alioto-Pier
- Vote 1: first-reading
  - Action: 101310 [Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks] Sponsor: Alioto-Pier Ordinance amending the San Francisco Public Works Code by amending Sections 184.2, 184.6, 184.8, and 184.12 thereof, relating to newsracks, to provide for: (1) the use of electronic mail for notices of violations; (2) removal of abandoned newsracks or newsracks maintained in violation of the Public Works Code within 7 calendar days of notice of violation sent by electronic mail; (3) imposition of administrative fines for violations resulting in newsrack seizures; (4) consolidation and/or reduction in size of fixed pedestal newsracks at under-used locations; (5) allocation of space in newsrack boxes on a first-come-first-served basis under certain circumstances; and (6) reduction of the fixed pedestal permit fee from $60 to $50. PASSED ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly

### File 100046: Planning Code, Administrative Code - Amending Inclusionary Housing Ordinance

- Pages: 9-10
- Sponsors: Mayor; Chiu and Campos
- Vote 1: amendment
  - Action: g Fund, deleting provisions relating to certain requirements for off-site units, and deleting provisions requiring a refund of fees after issuance of certificate of occupancy; amending Sections 416 and 417 to make conforming amendments to the Inclusionary Affordable Housing Program; amending the Van Ness Market Special Use District, Section 249.33, to delete the provision that a project sponsor may only meet up to 50% of the Program's requirements through payment of the fee; amending Section 827 to delete the requirement that 50% of on- or off-site affordable housing units provided under Section 415 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code by amending Chapter 56 related to Development Agreements to create certain exceptions from its requirements for rental housing developments with on-site inclusionary units; and making findings including findings under the California Environmental Quality Act. Supervisor Campos requested to be added as a co-sponsor. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 123, Line 6, by deleting 'the Clerk and other.' 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

## Extracted text

### [Page 8](https://sfbos.info/documents/2041/2010-12-07-minutes#page-8)

Board of Supervisors Meeting Minutes 12/7/2010

From the Budget and Finance Committee Without Recommendation

101311 [Administrative Code - San Francisco Local Hiring Policy for Construction]
 Sponsors: Avalos; Mirkarimi, Campos, Daly and Mar
 Ordinance amending the San Francisco Administrative Code Chapter 6, Public Works Contracting
 Policies and Procedures, Subsection 6.22(G) to: 1) establish a local hiring policy for City public
 work or improvement projects requiring contractors and their subcontractors to perform certain
 percentages of project work hours using San Francisco residents and disadvantaged San
 Francisco residents; 2) making findings in support of the policy; 3) authorizing incentives for
 contractors and subcontractors who exceed local hiring requirements; 4) mandating assessment of
 liquidated damages against contractors and subcontractors who fail to meet minimum local hiring
 requirements; and 5) establishing monitoring, enforcement, and administrative procedures in
 support of the policy.
 (Economic Impact; Fiscal impact.)
 Supervisor Daly requested to be added as a co-sponsor.

 Privilege of the floor was granted to Buck Delventhal (City Attorney's Office) who responded to
 questions raised throughout the discussion further indicating the amendments made to File No.
 101311 were non-substantive.
 Supervisor Avalos, seconded by Supervisor Mirkarimi, AMENDED, AN AMENDMENT OF THE WHOLE
 BEARING SAME TITLE 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: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

Recommendation of the City Operations Committee

101310 [Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal
 Newsracks]
 Sponsor: Alioto-Pier
 Ordinance amending the San Francisco Public Works Code by amending Sections 184.2, 184.6,
 184.8, and 184.12 thereof, relating to newsracks, to provide for: (1) the use of electronic mail for
 notices of violations; (2) removal of abandoned newsracks or newsracks maintained in violation of
 the Public Works Code within 7 calendar days of notice of violation sent by electronic mail; (3)
 imposition of administrative fines for violations resulting in newsrack seizures; (4) consolidation
 and/or reduction in size of fixed pedestal newsracks at under-used locations; (5) allocation of
 space in newsrack boxes on a first-come-first-served basis under certain circumstances; and (6)
 reduction of the fixed pedestal permit fee from $60 to $50.
 PASSED ON FIRST READING 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 1074 Printed at 1:31 pm on 1/6/11

### [Page 9](https://sfbos.info/documents/2041/2010-12-07-minutes#page-9)

Board of Supervisors Meeting Minutes 12/7/2010

Recommendations of the Land Use and Economic Development Committee

100046 [Planning Code, Administrative Code - Amending Inclusionary Housing Ordinance]
 Sponsors: Mayor; Chiu and Campos
 Ordinance amending the Planning Code and Administrative Code by amending the Residential
 Inclusionary Affordable Housing Program, Planning Code Section 415 et seq. (formerly Code
 Section 315 et seq.) (the "Program") to change the name of the Program to the Affordable
 Inclusionary Affordable Housing Program and to require all project applicants to pay the Affordable
 Housing Fee unless they are eligible for an alternative; making other amendments to the Program
 including expanding the uses of the Citywide Affordable Housing Fund, deleting provisions relating
 to certain requirements for off-site units, and deleting provisions requiring a refund of fees after
 issuance of certificate of occupancy; amending Sections 416 and 417 to make conforming
 amendments to the Inclusionary Affordable Housing Program; amending the Van Ness Market
 Special Use District, Section 249.33, to delete the provision that a project sponsor may only meet
 up to 50% of the Program's requirements through payment of the fee; amending Section 827 to
 delete the requirement that 50% of on- or off-site affordable housing units provided under Section
 415 et seq. in the Rincon Hill Area Plan be provided as rental; amending the Administrative Code
 by amending Chapter 56 related to Development Agreements to create certain exceptions from its
 requirements for rental housing developments with on-site inclusionary units; and making findings
 including findings under the California Environmental Quality Act.
 Supervisor Campos requested to be added as a co-sponsor.
 Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on
 Page 123, Line 6, by deleting 'the Clerk and other.' 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 1075 Printed at 1:31 pm on 1/6/11
