# Board of Supervisors Minutes: January 11, 2011 - Meeting date: 2011-01-11 - Document type: minutes - Source format: PDF - Extracted pages: 16 - [Canonical HTML transcript](https://sfbos.info/documents/2051/2011-01-11-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m011111.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101445: Public Works Code - Banners on the Path of Gold - Pages: 2-3 - Sponsors: Dufty - Vote 1: final-passage, likely final - Action: 101445 [Public Works Code - Banners on the Path of Gold] Sponsor: Dufty Ordinance amending Public Works Code Section 184.78 to allow city neighborhood banners, as defined in Section 184.78, to be posted on the Path of Gold lamp posts lining Market Street, and adopting environmental findings. Ordinance No. 13-11 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101467: Selection of a Successor Mayor - Edwin Lee - Pages: 3 - Sponsors: Daly - Vote 1: approval, likely final - Action: 101467 [Selection of a Successor Mayor - Edwin Lee] Sponsor: Daly Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. Pursuant to the actions on January 7, 2011, regarding File No. 101467, noted below: Motion No. M11-10 APPROVED AS AMENDED - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly ### File 110007: Appointment of a Successor Mayor - Edwin Lee - Pages: 3-4 - Vote 1: amendment - Action: 110007 [Appointment of a Successor Mayor - Edwin Lee] Motion to ratify the appointment of a successor Mayor due to the occurrence of a vacancy in the Office of the Mayor for a term expiring January 8, 2012. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: other - Action: City and County of San Francisco Page 46 Printed at 2:44 pm on 2/16/11 Board of Supervisors Meeting Minutes 1/11/2011 Motion to appoint Edwin Lee as successor Mayor due to the occurrence of a vacancy in the Office of the Mayor for a term expiring January 8, 2012. (Clerk of the Board) President David Chiu welcomed to the Board of Supervisors Chamber newly appointed Mayor Edwin Lee who addressed the Board of Supervisors and stated he was looking forward to working with the members of the Board of Supervisors in addressing the financial issues facing the City and County of San Francisco. RECESS Supervisor Farrell, seconded by Supervisor Campos, moved to recess until 5:00 p.m. to allow newly appointed Mayor Edwin Lee to be sworn in to office as Mayor of the City and County of San Francisco. The Motion passed by the following vote: - Ayes: Avalos, Campos, Chu, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: approval, likely final - Action: RECONVENING OF THE BOARD The Board at the hour of 5:00 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener. Supervisor Kim was noted present at 5:02 p.m. Motion No. M11-11 APPROVED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101543: Public Hearing - Appeal of Determination of Exemption from Environmental Review - 10 Lundys Lane - Pages: 4-5 ### File 101544: Affirming the Exemption Determination - 10 Lundys Lane - Pages: 5 - Vote 1: approval, likely final - Action: 101544 [Affirming the Exemption Determination - 10 Lundys Lane] Motion affirming the determination by the Planning Department that the project located at 10 Lundys Lane is exempt from environmental review. (Clerk of the Board) Motion No. M11-12 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101545: Reversing the Exemption Determination - 10 Lundys Lane - Pages: 5 - Vote 1: tabling - Action: 101545 [Reversing the Exemption Determination - 10 Lundys Lane] Motion reversing the determination by the Planning Department that the 10 Lundys Lane project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101546: Preparation of Findings to Reverse the Exemption Determination - 10 Lundys Lane - Pages: 5 - Vote 1: tabling - Action: 101546 [Preparation of Findings to Reverse the Exemption Determination - 10 Lundys Lane] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 10 Lundys Lane is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101547: Public Hearing - Appeal of Determination of Exemption from Environmental Review - 134-136 Ord Street Project - Pages: 5-6 - Vote 1: continuance - Action: 101547 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 134-136 Ord Street Project] Hearing of persons interested in or objecting to the decision of the Planning Department dated April 8, 2010, Case No. 2009.1124DDV, that a project located 134-136 Ord Street is exempt from environmental review under Categorically Exemption, Class 1 (State CEQA Guidelines Section 15301). The proposed project involves construction of a new single-family home at the front of the subject lot, which new building would be located in front of an existing building on the lot, Lot No. 004 in Assessor's Block No. 2657. (District 8) (Appellant: Corbett Heights Neighbors) (Filed December 9, 2010; Companion Measure to File Nos. 101548, 101549, 101550.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. The President continued the public hearing open to March 1, 2011. Supervisor Wiener, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101548: Affirming the Exemption Determination - 134-136 Ord Street - Pages: 6 - Vote 1: continuance - Action: 101548 [Affirming the Exemption Determination - 134-136 Ord Street] Motion affirming the determination by the Planning Department that the project located at 134-136 Ord Street is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101549: Reversing the Exemption Determination - 134-136 Ord Street - Pages: 6 - Vote 1: continuance - Action: 101549 [Reversing the Exemption Determination - 134-136 Ord Street] Motion reversing the determination by the Planning Department that the 134-136 Ord Street project is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101550: Preparation of Findings to Reverse the Exemption Determination - 134-136 Ord Street - Pages: 6 - Vote 1: continuance - Action: 101550 [Preparation of Findings to Reverse the Exemption Determination - 134-136 Ord Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 134-136 Ord Street is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110015: Accept and Expend Grant - With Open Arms - $12,500 - Pages: 7 - Sponsors: Mirkarimi ### File 110016: Authorization to Apply for CalFire State Grant - Urban Forest Enhancement - Pages: 7-8 - Sponsors: Mayor ### File 101601: Appointment, Health Officer - Tomás Javier Aragón - Pages: 8 - Sponsors: Chiu - Vote 1: approval, likely final - Action: 101601 [Appointment, Health Officer - Tomás Javier Aragón] Sponsor: Chiu Motion appointing Tomás Javier Aragón, effective on December 15, 2010, to the position of Health Officer for the City and County of San Francisco. Motion No. M11-13 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110023: Campaign and Governmental Conduct Code - Allowing Former Appointed Mayor to Obtain City Employment - Pages: 8 - Sponsors: Chiu; Elsbernd, Mar, Chu, Cohen, Kim, Wiener and Farrell ### File 110024: Planning Code - Zoning Map Amendment - Correction to Market and Octavia Area Plan Zoning - Pages: 8-9 - Sponsors: Mirkarimi ### File 110025: Environment Code - Safe Drug Disposal Information - Pages: 9 - Sponsors: Mirkarimi ### File 110026: Accept and Expend State Grant - Removal of Abandoned Recreational Watercraft - $15,200 - Pages: 9 - Sponsors: Chiu ### File 110027: Settlement of Potential Litigation - Asian Art Museum Foundation Bonds - City Assurance to Seek Appropriation for Bonds - $120,400,000 - Pages: 9 - Sponsors: Mayor; Chiu, Chu and Mar ### File 110028: Accept and Expend Grant - San Francisco Renewable Energy Plan - $250,000 - Pages: 9-10 - Sponsors: Mar ### File 110031: Lease - San Francisco Forty Niners Candlestick Park Stadium - Pages: 10 - Sponsors: Chiu; Farrell ### File 110032: Accept and Expend Grant - Disproportionate Minority Contact Support Project - $100,000 - Pages: 10 - Sponsors: Cohen ### File 110033: Fred T. Korematsu Day of Civil Liberties - January 30, 2011 - Pages: 10 - Sponsors: Mar; Avalos, Campos, Chiu, Chu, Kim and Mirkarimi ### File 110036: Adoption of Guidelines for the Establishment and Use of Infrastructure Financing Districts - Pages: 10 - Sponsors: Elsbernd ### File 110035: Suspending Board Rules to Permit the Clerk of the Board to Modify the Timeframes for Preparation of the Board's FY2011-2012 Budget for Submission to the Mayor - Pages: 10-11 ### File 110018: Hearing - Street Vacation Order - Transbay Transit Center - Pages: 11 ### File 110029: Hearing - Pedestrian Safety in the South of Market - Pages: 11 - Sponsors: Kim ### File 110034: Hearing - Prevention and Control of Bed Bugs - Pages: 11 - Sponsors: Kim ### File 110019: Street Vacation Order - Transbay Transit Center - Pages: 11-12 ### File 110001: Agreement to Acquire Easement in Connection with the Bay Division Pipeline Reliability Upgrade Project - Bay Tunnel - Pages: 12 ### File 110002: Exchange of Quitclaim Deeds - San Francisco Unified School District - Pages: 12 ### File 110017: Street Vacation - Resolution of Intention - Transbay Transit Center - Pages: 12-16 ## Extracted text ### [Page 1](https://sfbos.info/documents/2051/2011-01-11-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 11, 2011 - 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 JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, MALIA COHEN, SEAN ELSBERND, MARK FARRELL, JANE KIM, ERIC MAR, ROSS MIRKARIMI, SCOTT WIENER 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 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Chu, Avalos 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors 10:00 AM Land Use and Economic Development Committee Monday Supervisors 1:00 PM Public Safety Committee 1st and 3rd Monday Supervisors 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 4 ### [Page 2](https://sfbos.info/documents/2051/2011-01-11-minutes#page-2) Board of Supervisors Meeting Minutes 1/11/2011 Members Present: John Avalos, David Campos, David Chiu, Carmen Chu, Malia Cohen, Sean Elsbernd, Mark Farrell, Jane Kim, Eric Mar, Ross Mirkarimi, and Scott Wiener ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:11 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor on January 5, 2011, communicating the Mayor's notice to the Board of Supervisors, under Charter Section 4.132, of a transfer of function between departments within the executive branch. That such reorganization shall become effective 30 days after its issuance, unless disapproved by the Board of Supervisors. CONSENT AGENDA There were no items. REGULAR AGENDA UNFINISHED BUSINESS From the City Operations and Neighborhood Services Committee Without Recommendation 101445 [Public Works Code - Banners on the Path of Gold] Sponsor: Dufty Ordinance amending Public Works Code Section 184.78 to allow city neighborhood banners, as defined in Section 184.78, to be posted on the Path of Gold lamp posts lining Market Street, and adopting environmental findings. Ordinance No. 13-11 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 45 Printed at 2:44 pm on 2/16/11 ### [Page 3](https://sfbos.info/documents/2051/2011-01-11-minutes#page-3) Board of Supervisors Meeting Minutes 1/11/2011 NEW BUSINESS There were no items. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 101467 [Selection of a Successor Mayor - Edwin Lee] Sponsor: Daly Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. Pursuant to the actions on January 7, 2011, regarding File No. 101467, noted below: Motion No. M11-10 APPROVED AS AMENDED Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly There was no further action on this matter. Committee of the Whole Adjourn and Report 110007 [Appointment of a Successor Mayor - Edwin Lee] Motion to ratify the appointment of a successor Mayor due to the occurrence of a vacancy in the Office of the Mayor for a term expiring January 8, 2012. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 46 Printed at 2:44 pm on 2/16/11 ### [Page 4](https://sfbos.info/documents/2051/2011-01-11-minutes#page-4) Board of Supervisors Meeting Minutes 1/11/2011 Motion to appoint Edwin Lee as successor Mayor due to the occurrence of a vacancy in the Office of the Mayor for a term expiring January 8, 2012. (Clerk of the Board) President David Chiu welcomed to the Board of Supervisors Chamber newly appointed Mayor Edwin Lee who addressed the Board of Supervisors and stated he was looking forward to working with the members of the Board of Supervisors in addressing the financial issues facing the City and County of San Francisco. RECESS Supervisor Farrell, seconded by Supervisor Campos, moved to recess until 5:00 p.m. to allow newly appointed Mayor Edwin Lee to be sworn in to office as Mayor of the City and County of San Francisco. The Motion passed by the following vote: Ayes: 11 - Avalos, Campos, Chu, Chiu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener RECONVENING OF THE BOARD The Board at the hour of 5:00 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener. Supervisor Kim was noted present at 5:02 p.m. Motion No. M11-11 APPROVED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations There were none. SPECIAL ORDER 4:00 P.M. 101543 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 10 Lundys Lane] Hearing of persons interested in or objecting to the decision of the Planning Department dated November 16, 2010, that a project located at 10 Lundys Lane (Building Permit Application No. 2010-08-27-9763) is exempt from environmental review under the California Environmental Quality Act (CEQA). The proposed work involves interior and exterior renovation of an existing single family home, Lot No. 029A in Assessor's Block No. 5610. (District 9) (Appellant: John de Soto) (Filed December 2, 2010; Companion Measure to File Nos. 101544, 101545, 101546.) The President inquired as to whether any member of the public wished to address the Board. John Soto (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. Debra Zell; Russell Miers; Male Speaker; spoke in support of the appeal. AnMarie Rodgers (Planning Department) provided an overview of the decision of the Planning Department. Brett Gladstone (Project Sponsor) provided an overview of the project and further requested the Board to uphold the decision of the Planning Commission. Ann Hughes; Barbara Simons; Lisa Castenones; Jose Mehia; Casey Smith; Michelle Vidal; Carolyn Short-McKenna; Laura Baron; Joseph Woods; spoke in support of the project and in opposition to the appeal. John Soto (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 47 Printed at 2:44 pm on 2/16/11 ### [Page 5](https://sfbos.info/documents/2051/2011-01-11-minutes#page-5) Board of Supervisors Meeting Minutes 1/11/2011 101544 [Affirming the Exemption Determination - 10 Lundys Lane] Motion affirming the determination by the Planning Department that the project located at 10 Lundys Lane is exempt from environmental review. (Clerk of the Board) Motion No. M11-12 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101545 [Reversing the Exemption Determination - 10 Lundys Lane] Motion reversing the determination by the Planning Department that the 10 Lundys Lane project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101546 [Preparation of Findings to Reverse the Exemption Determination - 10 Lundys Lane] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 10 Lundys Lane is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener SPECIAL ORDER 4:00 P.M. 101547 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 134-136 Ord Street Project] Hearing of persons interested in or objecting to the decision of the Planning Department dated April 8, 2010, Case No. 2009.1124DDV, that a project located 134-136 Ord Street is exempt from environmental review under Categorically Exemption, Class 1 (State CEQA Guidelines Section 15301). The proposed project involves construction of a new single-family home at the front of the subject lot, which new building would be located in front of an existing building on the lot, Lot No. 004 in Assessor's Block No. 2657. (District 8) (Appellant: Corbett Heights Neighbors) (Filed December 9, 2010; Companion Measure to File Nos. 101548, 101549, 101550.) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. The President continued the public hearing open to March 1, 2011. Supervisor Wiener, seconded by Supervisor Mar, moved that this Hearing be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 48 Printed at 2:44 pm on 2/16/11 ### [Page 6](https://sfbos.info/documents/2051/2011-01-11-minutes#page-6) Board of Supervisors Meeting Minutes 1/11/2011 101548 [Affirming the Exemption Determination - 134-136 Ord Street] Motion affirming the determination by the Planning Department that the project located at 134-136 Ord Street is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101549 [Reversing the Exemption Determination - 134-136 Ord Street] Motion reversing the determination by the Planning Department that the 134-136 Ord Street project is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101550 [Preparation of Findings to Reverse the Exemption Determination - 134-136 Ord Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that the project located at 134-136 Ord Street is exempt from environmental review. Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to March 1, 2011. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 49 Printed at 2:44 pm on 2/16/11 ### [Page 7](https://sfbos.info/documents/2051/2011-01-11-minutes#page-7) Board of Supervisors Meeting Minutes 1/11/2011 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Walter Paulson; shared in song certain concerns with the Board. Edmond Juicye; expressed various concerns. Peter Warfield; expressed concerns relating to the SF Public Library. Barbara Kingerry; spoke regarding her phone banking service. Paulette Brown; expressed concerns relating to human services and solving child homicides and violence in the community. Maggie Scott; expressed concerns relating to human services and solving child homicides and violence in the community. Sudi Scull; expressed concerns relating to smart meters. Leslie de Taillandier; expressed concerns relating to smart meters. Male Speaker; expressed concerns relating to violent crimes. Male Speaker; expressed various religious concerns. Female Speaker; expressed concerns relating to violent crimes. Male Speaker; expressed various concerns. Ernestine Weiss; expressed support for the newly elected Board of Supervisors. Velma Encorporio: expressed support for the newly elected Board of Supervisors. Aydele Wilson; expressed various concerns. Francisco Da Costa, expressed various concerns. Privilege of the floor was granted to City of Oakland, Mayor Jean Quan, who addressed the Board of Supervisors regarding the momentus occasion of appointing a Successor Mayor. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110015 [Accept and Expend Grant - With Open Arms - $12,500] Sponsor: Mirkarimi Resolution authorizing the Office of the Public Defender to accept and expend a grant in the amount of $12,500 from van Löben Sels/RembeRock Foundation for mentoring and enrichment programming for participants in the With Open Arms initiative. Resolution No. 24-11 ADOPTED 110016 [Authorization to Apply for CalFire State Grant - Urban Forest Enhancement] Sponsor: Mayor Resolution authorizing the Department of the Environment for the City and County of San Francisco to apply for funding from the Department of Forestry and Fire Protection (CalFire) for a project to plant fruit bearing trees on appropriate City land. Resolution No. 25-11 ADOPTED City and County of San Francisco Page 50 Printed at 2:44 pm on 2/16/11 ### [Page 8](https://sfbos.info/documents/2051/2011-01-11-minutes#page-8) Board of Supervisors Meeting Minutes 1/11/2011 101601 [Appointment, Health Officer - Tomás Javier Aragón] Sponsor: Chiu Motion appointing Tomás Javier Aragón, effective on December 15, 2010, to the position of Health Officer for the City and County of San Francisco. Motion No. M11-13 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener IMPERATIVE AGENDA There were no items. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or Mayor Ordinances 110023 [Campaign and Governmental Conduct Code - Allowing Former Appointed Mayor to Obtain City Employment] Sponsors: Chiu; Elsbernd, Mar, Chu, Cohen, Kim, Wiener and Farrell Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 3.234 to allow a former appointed Mayor to obtain full-time City employment within one year after leaving office. 01/11/11; RECEIVED AND ASSIGNED to Rules Committee. 110024 [Planning Code - Zoning Map Amendment - Correction to Market and Octavia Area Plan Zoning] Sponsor: Mirkarimi Ordinance amending Zoning Map Sheet No. 2 of the San Francisco Planning Code to include parcels inadvertently excluded from the Zoning Map amendment adopted to implement the Market and Octavia Plan (Ordinance No. 72-08) affecting the area roughly bounded by a line beginning at the intersection of Buchanan and Fell Street, continuing northwest, thence northeast on Grove Street, continuing northwest at Laguna Street, thence heading northeast on Turk Street, continuing southeast at Franklin Street, thence continuing southwest at Fell Street to the starting point at the intersection of Buchanan Street, to eliminate use districts within the Market and Octavia Plan Area and replace them with revised use districts, consistent with those proposed in the Market and Octavia Area Plan; and making various findings, including CEQA findings and findings of consistency with the General Plan and Planning Code Section 101.1. 01/11/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/10/2011. City and County of San Francisco Page 51 Printed at 2:44 pm on 2/16/11 ### [Page 9](https://sfbos.info/documents/2051/2011-01-11-minutes#page-9) Board of Supervisors Meeting Minutes 1/11/2011 110025 [Environment Code - Safe Drug Disposal Information] Sponsor: Mirkarimi Ordinance amending the San Francisco Environment Code by adding Sections 2250 through 2254, to require any business selling prescription drugs to the public to post display materials explaining how to safely and lawfully dispose of unused prescription drugs; and making environmental findings. 01/11/11; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 2/10/2011. Resolutions 110026 [Accept and Expend State Grant - Removal of Abandoned Recreational Watercraft - $15,200] Sponsor: Chiu Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $15,200 from the California Department of Boating and Waterways, Abandoned Watercraft Abatement Fund, for removal and demolition of abandoned recreational watercraft on the Port’s waterfront. 01/11/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110027 [Settlement of Potential Litigation - Asian Art Museum Foundation Bonds - City Assurance to Seek Appropriation for Bonds - $120,400,000] Sponsors: Mayor; Chiu, Chu and Mar Resolution approving the settlement of potential litigation involving the restructuring of the $120,400,000 California Infrastructure and Economic Development Bank Variable Rate Revenue Bonds, Series 2005 (Asian Art Museum Foundation of San Francisco) (2005 Bonds) through the execution of a Settlement Agreement by and among the City and County of San Francisco, the Asian Art Museum Foundation of San Francisco, JPMorgan Chase Bank, National Association, MBIA Insurance Corporation, National Public Finance Guarantee Corporation, and the Bank of New York Mellon Trust Company N.A., including, among other matters, the form of the Assurance Agreement under which the City will support repayment of the 2005 Bonds, and other additional material terms of such settlement. (Fiscal Impact.) 01/11/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110028 [Accept and Expend Grant - San Francisco Renewable Energy Plan - $250,000] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $250,000 from the Sidney E. Frank Foundation to initiate the San Francisco Renewable Energy Plan which will lay out actionable steps to source 100% of San Francisco’s electrical demand from renewable energy sources. 01/11/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 52 Printed at 2:44 pm on 2/16/11 ### [Page 10](https://sfbos.info/documents/2051/2011-01-11-minutes#page-10) Board of Supervisors Meeting Minutes 1/11/2011 110031 [Lease - San Francisco Forty Niners Candlestick Park Stadium] Sponsors: Chiu; Farrell Resolution authorizing the City Attorney to toll the statute of limitations relating to the Forty Niners' claim under the stadium lease regarding the maintenance and repair of Candlestick Park Stadium for up to 120 days to continue to attempt to negotiate a settlement agreement and lease amendment subject to approval of the those agreements by the Recreation and Park Commission and Board of Supervisors. 01/11/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110032 [Accept and Expend Grant - Disproportionate Minority Contact Support Project - $100,000] Sponsor: Cohen Resolution authorizing the Juvenile Probation Department to retroactively accept and expend a grant in the amount of $100,000 from the Federal Formula Grants Program for the Disproportionate Minority Contact Support Project, administered by the Corrections Standards Authority, for calendar year 2011, to be used for implementation of a multifaceted approach to disparities reduction, including education, data, and best practice review and community outreach. 01/11/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110033 [Fred T. Korematsu Day of Civil Liberties - January 30, 2011] Sponsors: Mar; Avalos, Campos, Chiu, Chu, Kim and Mirkarimi Resolution declaring January 30, 2011, as Fred T. Korematsu Day of Civil Liberties. 01/11/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110036 [Adoption of Guidelines for the Establishment and Use of Infrastructure Financing Districts] Sponsor: Elsbernd Resolution adopting guidelines for the establishment and use of Infrastructure Financing Districts in the City and County of San Francisco. 01/11/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. Motion 110035 [Suspending Board Rules to Permit the Clerk of the Board to Modify the Timeframes for Preparation of the Board's FY2011-2012 Budget for Submission to the Mayor] Motion suspending Board Rules 6.23 and 6.24 to permit the Clerk of the Board of Supervisors to modify the timeframes for preparation of the Board's proposed FY2011-2012 budget for submission to the Mayor by waiving the 60 and 15 day timeline requirements; instead a Committee of the Board will conduct a hearing to discuss budget balancing guidelines in January; and that a Committee hearing be conducted for review of the proposed budget prior to submission to the Mayor in February. (Clerk of the Board) City and County of San Francisco Page 53 Printed at 2:44 pm on 2/16/11 ### [Page 11](https://sfbos.info/documents/2051/2011-01-11-minutes#page-11) Board of Supervisors Meeting Minutes 1/11/2011 Request for Hearings 110018 [Hearing - Street Vacation Order - Transbay Transit Center] Hearing of persons interested in or objecting to proposed Ordinance ordering the vacation of portions of the public right-of-way below and/or above Natoma Street, Minna Street, First Street, Fremont Street, Beale Street, Harrison Street, Folsom Street, Clementina Street, Tehama Street, Howard Street, Second Street, and Oscar Alley within the Transit Center Project area; quitclaiming the City's interest in the vacation areas to the Transbay Joint Powers Authority; accepting Department of Public Works Order No. 179,054; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. (Clerk of the Board) 01/03/11; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 110029 [Hearing - Pedestrian Safety in the South of Market] Sponsor: Kim Hearing to consider presentations from the Municipal Transit Authority, Planning Department, Department of Public Works, and Department of Public Health on pedestrian safety in the South of Market. 01/11/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110034 [Hearing - Prevention and Control of Bed Bugs] Sponsor: Kim Hearing to consider presentations from the Department of Public Health and Department of Building Inspection regarding on-going inspection procedures, reporting, and referral procedures, enforcement of, prevention and control of bed bugs. 01/11/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. Introduced by the President at the Request of a Department PROPOSED ORDINANCE 110019 [Street Vacation Order - Transbay Transit Center] Ordinance ordering the vacation of portions of the public right-of-way below and/or above Natoma Street, Minna Street, First Street, Fremont Street, Beale Street, Harrison Street, Folsom Street, Clementina Street, Tehama Street, Howard Street, Second Street, and Oscar Alley within the Transit Center Project area; quitclaiming the City's interest in the vacation areas to the Transbay Joint Powers Authority; accepting Department of Public Works Order No. 179,054; making environmental findings and findings of consistency with the City's General Plan and Planning Code Section 101.1; and authorizing official acts in connection with this Ordinance. 01/03/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 54 Printed at 2:44 pm on 2/16/11 ### [Page 12](https://sfbos.info/documents/2051/2011-01-11-minutes#page-12) Board of Supervisors Meeting Minutes 1/11/2011 PROPOSED RESOLUTIONS 110001 [Agreement to Acquire Easement in Connection with the Bay Division Pipeline Reliability Upgrade Project - Bay Tunnel] Resolution approving and authorizing acceptance of a Right of Way Easement deed for a 50-year, exclusive, subsurface easement, at no charge, from United States Department of the Interior, for the purpose of constructing the San Francisco Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade - Bay Tunnel; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; adopting findings of consistency with City Planning Code Section 101.1; and authorizing the General Manager of SFPUC to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) 12/28/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110002 [Exchange of Quitclaim Deeds - San Francisco Unified School District] Resolution (1) authorizing and directing execution of a quitclaim deed from the City and County of San Francisco to the San Francisco Unified School District, a political subdivision of the State of California, for 110 public school properties; (2) authorizing and directing the acceptance of a quitclaim deed by the City and County of San Francisco from the San Francisco Unified School District for five properties owned in fee by the City and County of San Francisco; and (3) adopting findings pursuant to City Planning Code Section 101.1. (Real Estate Department) 12/30/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 110017 [Street Vacation - Resolution of Intention - Transbay Transit Center] Resolution declaring the intention of the Board of Supervisors to vacate portions of the public right-of-way below and/or above Natoma Street, Minna Street, First Street, Fremont Street, Beale Street, Harrison Street, Folsom Street, Clementina Street, Tehama Street, Howard Street, Second Street, and Oscar Alley within the Transit Center Project area; and setting the hearing date for all persons interested in the proposed vacation of said public right-of-way areas and public service easements. (Real Estate Department) 01/03/11; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 55 Printed at 2:44 pm on 2/16/11 ### [Page 13](https://sfbos.info/documents/2051/2011-01-11-minutes#page-13) Board of Supervisors Meeting Minutes 1/11/2011 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 locations: Garbage Cans Northwest corner Webster and Haight Southeast corner Divisadero and Haight Southeast corner Stanyan and Haight Southeast corner Turk and Webster Northeast corner Webster and Geary City and County of San Francisco Page 56 Printed at 2:44 pm on 2/16/11 ### [Page 14](https://sfbos.info/documents/2051/2011-01-11-minutes#page-14) Board of Supervisors Meeting Minutes 1/11/2011 Mailboxes Northwest corner Laguna and Hermann Northeast corner Buchanan and Haight Southeast corner O’Farrell and Webster Northeast corner Buchanan and Fell Southeast corner California and Fillmore Street Wall Medians and Overpasses Overpass Webster and Geary Vacant Lot At Ellis and Divisadero, trash and graffiti 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 Southwest corner California and Webster Northeast corner Linden and Buchanan Northeast corner McAllister and Scott Northeast corner Buchanan and Oak Northeast corner Buchanan and Fell Bus Shelters Southwest corner Buchanan and Haight Southeast corner Buchanan and Hayes Northwest corner Geary and Webster Southeast corner Stanyan and Oak Southeast corner Divisadero and Haight Southeast corner Buena Vista and Haight Southeast corner Stanyan and Haight Southeast Geary and Masonic Fillmore and Haight (all 4 bus stops, graffiti and grime and canopies are graffiti also canopies have graffiti) Fire Hydrants Southeast corner Fulton and Webster Northeast corner Golden Gate and Webster Emergency Boxes Northeast corner Buchanan and Page Southeast corner Geary and Buchanan In front of 2725 California 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 Poles In front 780 Grove Southeast corner Geary and Webster Northeast corner Birch and McAllister In front 1280 Webster In front 1420 Webster City and County of San Francisco Page 57 Printed at 2:44 pm on 2/16/11 ### [Page 15](https://sfbos.info/documents/2051/2011-01-11-minutes#page-15) Board of Supervisors Meeting Minutes 1/11/2011 In front 438 Buchanan In front 511 Birch In front 545 Birch In front 2355 California In front 608 Fulton In front 2814 Pine 1907 Buchanan Wood Poles In front 405 Buchanan Near 314 Buchanan Southwest corner Pine and Buchanan Southwest corner Laguna and California Southwest corner Webster and California Southwest corner Divisadero and California 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: 736 Divisadero 717 Divisadero 631 Divisadero 616 Divisadero 546 Haight 418 Haight 600 Divisadero 534 Divisadero 507 Divisadero 525 Birch 969 Haight Buena Vista Park Wall at Haight and Buena Vista East 1020 Buchanan 2135 California 2385 California 589 Haight 525 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes, Lights and Sidewalk Issues Intersection of Hayes and Buchanan Intersection of Birch and Laguna From Supervisor Elsbernd To: Director, Office of the Controller Requesting/Inquiring: Supervisor Elsbernd inquires how the San Francisco Employee Retirement System Board's adoption of an employer contribution rate in the amount of 18.09% for FY 2011-12 will affect the General Fund of the City and County of San Francisco. City and County of San Francisco Page 58 Printed at 2:44 pm on 2/16/11 ### [Page 16](https://sfbos.info/documents/2051/2011-01-11-minutes#page-16) Board of Supervisors Meeting Minutes 1/11/2011 In Memoriams Antoine Galloway – Supervisor Mirkarimi June Marie Quan – Supervisor Mar John Krol – Supervisor Elsbernd Michael Gragnani – Supervisors Elsbernd and Farrell Judge John Roll – President Chiu Gabe Zimmerman – President Chiu Dorwin Stoddard – President Chiu Christina Greene – President Chiu Dorthy Murray – President Chiu Phyllis Scheck – President Chiu ADJOURNMENT There being no further business, the Board adjourned at the hour of 6:01 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 February 15, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 59 Printed at 2:44 pm on 2/16/11