# Board of Supervisors Minutes: February 8, 2011 - Meeting date: 2011-02-08 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/2057/2011-02-08-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m020811.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101147: Public Works Code - Establishment of Regulatory Controls for the Discharge of Fats, Oils, and Grease Into Sewers - Pages: 2-3 - Sponsors: Mar ### File 101105: Environment Code - Existing Commercial Buildings Energy Performance - Pages: 3 - Sponsors: Mayor; Chiu, Wiener and Mar - Vote 1: final-passage, likely final - Action: 101105 [Environment Code - Existing Commercial Buildings Energy Performance] Sponsors: Mayor; Chiu, Wiener and Mar Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2000 through 2009, to adopt the San Francisco Existing Commercial Buildings Energy Performance Ordinance, requiring owners of nonresidential buildings to conduct Energy Efficiency Audits of their properties and file Annual Energy Benchmark Summaries for their buildings, and making environmental findings. Ordinance No. 17-11 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110012: Accept and Expend Grant - Clean Energy Workforce Training Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888 - Pages: 3-4 - Sponsors: Mayor; Mar - Vote 1: first-reading - Action: 110012 [Accept and Expend Grant - Clean Energy Workforce Training Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $603,888 from the California Employment Development Department to support the Clean Energy Workforce Training Program, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 9772 Community Development Specialist position at 0.6 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110071: Waiver of the Competitive Bidding and Solicitation Requirements for a Contract with Environmental Science Associates for the California Environmental Quality Act Review of the 34th America's Cup Event - Pages: 4 - Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and Mar - Vote 1: first-reading - Action: 110071 [Waiver of the Competitive Bidding and Solicitation Requirements for a Contract with Environmental Science Associates for the California Environmental Quality Act Review of the 34th America's Cup Event] Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and Mar Ordinance approving a waiver of the competitive bidding and solicitation requirements of Chapter 6 and Chapter 21 of the San Francisco Administrative Code for a contract with Environmental Science Associates for California Environmental Quality Act review of the 34th America’s Cup Event, and coordinating and developing submittals for associated federal and state permits. Privilege of the floor was granted to Brad Benson (Port) who responded to questions raised throughout the discussion regarding File No. 110071. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110072: Accept and Expend Grant - Federal Green Jobs Workforce Development Training Project and Amendment to the Annual Salary Ordinance for FY2010-2011 - $238,000 - Pages: 4 - Sponsors: Mayor; Mar - Vote 1: first-reading - Action: 110072 [Accept and Expend Grant - Federal Green Jobs Workforce Development Training Project and Amendment to the Annual Salary Ordinance for FY2010-2011 - $238,000] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $238,000 from the United States Department of Labor Employment and Training Administration to fund the Green Jobs Workforce Development Training Project, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 1824 Principal Administrative Analyst at 0.5 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101595: Sale Agreement - Permanent and Temporary Easements for Highway 84 Improvement Project in Alameda County - $6,000 - Pages: 4-5 - Vote 1: adoption, likely final - Action: conveyance of property rights in fee interest, two nonexclusive permanent easements, and three temporary easements over portions of Assessor’s Parcel Numbers 85A-5400-2-3 and 507-762-005-00 located in Alameda County under the jurisdiction of the San Francisco Public Utilities Commission to State of California acting through its California Department of Transportation for a purchase price of $6,000 which includes $2,500 payment for City and County of San Francisco’s administration and legal fees; adopting SFPUC’s Resolution 10-0094; further adopting findings that the conveyance is in conformity with the City’s General Plan Referral as required by Section 4.105 of the Charter and Section 2A.53 of the Administrative Code; is consistent with the Eight Priority Policies of City Planning Code Section 101.1; adopting that the sale/conveyance is “Categorically Exempt” from environmental review under Class 12-Surplus Government Property Sales under CEQA Guidelines; and authorizing City’s Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 70-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110013: Accept and Expend Grant - Community Services Block Grant - $750,000 - Pages: 5 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 110013 [Accept and Expend Grant - Community Services Block Grant - $750,000] Sponsor: Mayor Resolution authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a Community Services Block Grant in the amount of $750,000 from the California State Department of Community Services and Development, through the Economic Opportunity Council, to support CityBuild, the Summer Youth Employment Program, and RAMP SF. Resolution No. 68-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: other - Action: Recommendation of the Land Use and Economic Development Committee Supervisor Wiener Excused from Voting Supervisor Campos, seconded by Supervisor Chu, moved that Supervisor Wiener be excused from voting on File No. 101464. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi - Excused: Wiener ### File 101464: Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area - Pages: 5-6 - Sponsors: Mirkarimi - Vote 1: amendment - Action: 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Ordinance 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 - Excused: Wiener - Vote 2: first-reading - Action: Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from the new controls and payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as sponsor. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi - Excused: Wiener ### File 110036: Adoption of Guidelines for the Establishment and Use of Infrastructure Financing Districts - Pages: 6 - Sponsors: Elsbernd - Vote 1: amendment - Action: 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. Privilege of the floor was granted to Michael Yarne (MOEWD) and Ben Rosenfield, Controller, who provided an overview and responded to questions raised throughout the discussion regarding Infrastructure Financing District No. 1 (Rincon Hill Area). Supervisor Chiu, seconded by Supervisor Wiener, moved that the accompanying guidelines be AMENDED by adding 'unless non-Port land is included in a Port proposed IFD, in which case only the Port owned and/or managed land is exempt.' The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: adoption, likely final - Action: Resolution No. 66-11 ADOPTED, after accepting the amendment to the accompanying guidelines, by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101559: Approving the Infrastructure Financing Plan - Rincon Hill Area - Pages: 6 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101559 [Approving the Infrastructure Financing Plan - Rincon Hill Area] Sponsors: Mayor; Kim Resolution approving the Infrastructure Financing Plan for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 65-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110132: Hearing - Infrastructure Financing District No. 1 - Rincon Hill Area - Pages: 6-7 ### File 101558: Formation of an Infrastructure Financing District - Rincon Hill Area - Pages: 7 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101558 [Formation of an Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution proposing the formation of an Infrastructure Financing District for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 64-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101562: Intention to Issue Bonds for the Infrastructure Financing District - Rincon Hill Area - Pages: 7 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101562 [Intention to Issue Bonds for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution of intention to issue bonds for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 63-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101560: Special Election for the Infrastructure Financing District - Rincon Hill Area - Pages: 7-8 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101560 [Special Election for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution calling for a special election for the City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 62-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101561: Declaring the Results of the Special Election for the Infrastructure Financing District - Rincon Hill Area - Pages: 8 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101561 [Declaring the Results of the Special Election for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution declaring the results of special election for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that we were in receipt of 11 ballots, representing 14 votes for the Infrastructure Financing District No. 1 (Rincon Hill Area). Ms. Calvillo further indicated that 100% of the ballots received were in favor of the IFD and the ballot measures have passed by the required percentage. Resolution No. 61-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101557: Creating an Infrastructure Financing District and Adopting an Infrastructure Financing Plan - Rincon Hill Area - Pages: 8 - Sponsors: Mayor; Kim - Vote 1: first-reading - Action: 101557 [Creating an Infrastructure Financing District and Adopting an Infrastructure Financing Plan - Rincon Hill Area] Sponsors: Mayor; Kim Ordinance creating an Infrastructure Financing District and adopting an Infrastructure Financing Plan for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101563: Authorizing Issuance of Bonds for the Infrastructure Financing District - Rincon Hill Area - Pages: 8-9 - Sponsors: Mayor; Kim - Vote 1: adoption, likely final - Action: 101563 [Authorizing Issuance of Bonds for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution authorizing the issuance of bonds for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 60-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101576: Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive $75,000 - Pages: 9 - Vote 1: first-reading - Action: 101576 [Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive $75,000] Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against Alexander A. Deanda, Gerald T. Lyons, and Sheldon Morris for $45,000 from defendant Alexander A. Deanda and $30,000 from Gerald T. Lyons; the lawsuit was filed on November 24, 2008, in San Mateo Superior Court, Case No. Civ 482-183; entitled City and County of San Francisco, et al. v. Alexander A. Deanda, et al.; the City has not yet settled with defendant Sheldon Morris. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101577: Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000 - Pages: 9-10 - Vote 1: first-reading - Action: 101577 [Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000] Ordinance authorizing settlement of the lawsuit filed by Gang Hao O'Neil and James O'Neil against the City and County of San Francisco for $270,000; the lawsuit was filed on October 5, 2009, in the San Francisco Superior Court, Case No. CGC 09-491579, entitled Gang Hao O'Neil and James O'Neil v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 101592: Settlement of Lawsuit - Mackin, et al. - $63,020 - Pages: 10 - Vote 1: first-reading - Action: 101592 [Settlement of Lawsuit - Mackin, et al. - $63,020] Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100, to condemn and take by right of eminent domain a temporary construction easement over portions of real property located in Sunol, California, APN 096-0001-020-03; filed May 24, 2010, in Alameda County Superior Court, Case No. RG-10516566; entitled City of San Francisco v. Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110021: Settlement of Lawsuit - Jason Davis - $4,000,000 - Pages: 10 - Vote 1: first-reading - Action: 110021 [Settlement of Lawsuit - Jason Davis - $4,000,000] Ordinance authorizing settlement of the lawsuit filed by Jason Davis against the City and County of San Francisco for $4,000,000; the lawsuit was filed on August 28, 2009, in Contra Costa Superior Court, Case No. MSC 09-02405; entitled Jason L. Davis, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110050: Settlement of Lawsuit - Toni Battle - $105,000 - Pages: 10 - Vote 1: first-reading - Action: 110050 [Settlement of Lawsuit - Toni Battle - $105,000] Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and County of San Francisco for $105,000; the lawsuit was filed on October 16, 2009, in San Francisco Superior Court, Case No. CGC 09-493489, entitled Battle v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110026: Accept and Expend State Grant - Removal of Abandoned Recreational Watercraft - $15,200 - Pages: 10 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 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. Resolution No. 71-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110121: Consolidation of Special Municipal Election with Special Statewide Election Anticipated for June 7, 2011 - Pages: 11 - Sponsors: Chiu ### File 110122: Commending The De Marillac Academy - Pages: 11-12 - Sponsors: Elsbernd; Kim, Farrell and Campos ### File 110123: Approving a 90-Day Extension for Planning Commission Review of Parking Controls in SoMa and Mission Bay - Pages: 12 - Sponsors: Kim ### File 110124: Condemning Rush Limbaugh for Mocking Chinese President Hu Jintao - Pages: 12 - Sponsors: Mar; Avalos, Chu, Campos, Chiu, Kim and Cohen ### File 110125: Apply for Department of Forestry and Fire Protection Grant for Fruit Bearing Trees - Pages: 12 - Sponsors: Mayor ### File 110126: Accept and Expend Grant - Implementation of Programs for the Prevention, Care, and Treatment of HIV/AIDS - $13,001 - Pages: 12-13 - Sponsors: Wiener ### File 110127: Accept and Expend Grant - Western States Node of the National Drug Abuse Treatment Clinical Trials Network - $16,876 - Pages: 13 - Sponsors: Wiener ### File 110128: Accept and Expend Grant - Integrating I-Tech International AIDS Education and Training Center - $20,682 - Pages: 13 - Sponsors: Wiener ### File 110129: Accept and Expend Grant - Risk Reduction Project - $27,287 - Pages: 13 - Sponsors: Wiener ### File 110118: Opposing the Metropolitan Transportation Commission’s Proposal to Add Voting Members Representing Urban Areas - Pages: 13-14 - Sponsors: Wiener; Campos and Avalos - Vote 1: adoption, likely final - Action: 110118 [Opposing the Metropolitan Transportation Commission’s Proposal to Add Voting Members Representing Urban Areas] Sponsors: Wiener; Campos and Avalos Resolution opposing the Metropolitan Transportation Commission’s proposal to add voting members representing urban areas but excluding San Francisco and other large Bay Area cities, and urging the California State Legislature to oppose the proposal. Supervisors Campos and Avalos requested to be added as co-sponsors. Resolution No. 79-11 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110100: Opposing the Sale of KUSF’s FCC License to Broadcast on 90.3 FM - Pages: 14 - Sponsors: Mirkarimi; Mar - Vote 1: adoption, likely final - Action: 110100 [Opposing the Sale of KUSF’s FCC License to Broadcast on 90.3 FM] Sponsors: Mirkarimi; Mar Resolution recognizing the long and valuable public service of radio station KUSF, opposing the sale of KUSF’s FCC license to broadcast on 90.3 FM, requesting the USF Board of Regents to rescind the decision to transfer KUSF’s license and reinstate KUSF programming, and urging San Francisco’s Federal representatives to express their opposition to KUSF’s sale to the Federal Communications Commission. Resolution No. 81-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Mirkarimi, Wiener - Noes: Chu, Elsbernd, Farrell ### File 110119: Supporting Local 87 Janitors at 1 South Van Ness Avenue - Pages: 14 - Sponsors: Wiener; Kim, Chiu, Avalos, Cohen, Campos and Mirkarimi - Vote 1: amendment - Action: 110119 [Supporting Local 87 Janitors at 1 South Van Ness Avenue] Sponsors: Wiener; Kim, Chiu, Avalos, Cohen, Campos and Mirkarimi Resolution supporting reinstating the Janitors who have worked at 1 South Van Ness Avenue represented by Local 87. Supervisor Wiener, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: adoption, likely final - Action: Supervisors Campos and Mirkarimi requested to be added as co-sponsors. Resolution No. 80-11 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110149: Financial Aid Awareness Week - February 6-12, 2011 - Pages: 15 - Sponsors: Campos; Avalos, Cohen, Chu, Farrell, Kim, Mar and Chiu - Vote 1: adoption, likely final - Action: 110149 [Financial Aid Awareness Week - February 6-12, 2011] Sponsors: Campos; Avalos, Cohen, Chu, Farrell, Kim, Mar and Chiu Resolution declaring February 6-12, 2011, as Financial Aid Awareness Week. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 78-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110150: Administrative Code - Process for Mayoral Appearance at the Board of Supervisors - Pages: 15 - Sponsors: Chiu; Mar ### File 110151: Appropriating $6,995,000 of State Loans - West Marina Yacht Harbor Renovations for FY2010-2011 - Pages: 15-16 - Sponsors: Farrell ### File 110152: Planning Code - Zoning - Self-Service Restaurants, Retail Coffee Stores, and Video Stores - Pages: 16 - Sponsors: Mirkarimi ### File 110153: Administrative Code - Residential Rent Ordinance - Good Samaritan Base Rent Following Emergency Dislocation of Tenant - Pages: 16 - Sponsors: Wiener; Farrell ### File 110154: Appropriating $2,809,000 of General Fund Reserve - Fourth Street Bridge Project Litigation Expenses in FY2010-2011 - Pages: 16-17 - Sponsors: Mayor ### File 110155: Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area - Pages: 17 - Sponsors: Mayor; Kim, Chiu and Farrell ### File 110157: Accept and Expend Grant - Carl Moyer Program - $178,962 - Pages: 17 - Sponsors: Chiu ### File 110158: Accept and Expend Grant - State Department of Boating and Waterways - $65,000 - Pages: 17 - Sponsors: Chiu ### File 110159: Accept and Expend Grant - Safe Havens: Supervised Visitation and Safe Exchange Continuation Project - $141,586 - Pages: 17 - Sponsors: Cohen ### File 110160: Accept and Expend Grant - Arelious Walker Drive Stairway Improvement Project - $1,109,000 - Pages: 17-18 - Sponsors: Cohen ### File 110161: Accept and Expend Grant - Installation of Rubber Sidewalks - Not to Exceed $12,600 - Pages: 18 - Sponsors: Cohen ### File 110162: Oliver W. Sipple Day - September 22, 2011 - Pages: 18 - Sponsors: Campos; Wiener ### File 110170: Urging the Governor of California to Protect Proposition 10 Funding for Local Children’s Programs - Pages: 18 - Sponsors: Mar; Campos ### File 110171: Park Branch Library Reopening - Pages: 18 - Sponsors: Mirkarimi ### File 110075: Accept and Expend Grant - Safe Routes to School - $500,000 - Pages: 18-19 - Sponsors: Chiu; Mar ### File 110167: Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.1 Concerning the Budget and Finance Committee Structure - Pages: 19 - Sponsors: Chu ### File 110172: Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.7 Extending the Joint City and School District Committee for One Year Ending March 1, 2012 - Pages: 19 - Sponsors: Cohen ### File 110138: Hearing - San Francisco Unified School District's Enrollment Procedures for 2011-2012 School Year - Pages: 19 - Sponsors: Cohen ### File 110156: Annual Review and Adoption of the Proposed Board of Supervisors/Clerk of the Board FY2011-2012 Budget - Pages: 19 ### File 110163: Hearing - Community Policing - Pages: 19-20 - Sponsors: Campos ### File 110164: Hearing - Reentry Council Annual Report - Pages: 20 - Sponsors: Mirkarimi ### File 110165: Hearing - City Labor Contracts Status and Provisions - Pages: 20 - Sponsors: Chu ### File 110166: Hearing - Set-Asides and Reserves Policies - Pages: 20 - Sponsors: Chu ### File 110107: Settlement of Lawsuit - Paul Graham - $34,271.51 - Pages: 20 ### File 110108: Settlement of Unlitigated Claim - John Payne - $220,229 - Pages: 20 ### File 110109: Airport Lease Agreement - China Airlines, Ltd. - Building 648 - Pages: 20-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/2057/2011-02-08-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 8, 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 Chu, Mirkarimi, Kim 1:00 PM City and School District Select Committee 2nd and 4th Thursday Supervisors Cohen, Avalos, Chu, Commissioners Fewer, Murase, Norton 3:30 PM City Operations and Neighborhood Services Committee 2nd and 4th Monday Supervisors Avalos, Mar, Elsbernd 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Campos, Farrell, Chiu 10:00 AM Land Use and Economic Development Committee Monday Supervisors Mar, Cohen, Wiener 1:00 PM Public Safety Committee 1st and 3rd Thursday Supervisors Mirkarimi, Cohen, Campos 10:30 AM Rules Committee 1st and 3rd Thursday Supervisors Kim, Elsbernd, Farrell 1:30 PM First-named Supervisor/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 106 Number 7 ### [Page 2](https://sfbos.info/documents/2057/2011-02-08-minutes#page-2) Board of Supervisors Meeting Minutes 2/8/2011 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 2:14 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Mar, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of January 4, 2011 (Regular), January 7, 2011 (Special), and January 8, 2011 (Inaugural). The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener COMMUNICATIONS There were none. CONSENT AGENDA Recommendation of the City Operations and Neighborhood Services Committee 101147 [Public Works Code - Establishment of Regulatory Controls for the Discharge of Fats, Oils, and Grease Into Sewers] Sponsor: Mar Ordinance amending Article 4.1 of the San Francisco Public Works Code by adding Sections 140 - 140.7 to provide prohibitions, limitations, and requirements for the discharge of fats, oils, and grease into the City’s sewerage system by food service establishments. Ordinance No. 18-11 FINALLY PASSED City and County of San Francisco Page 107 Printed at 4:54 pm on 3/15/11 ### [Page 3](https://sfbos.info/documents/2057/2011-02-08-minutes#page-3) Board of Supervisors Meeting Minutes 2/8/2011 Recommendation of the Land Use and Economic Development Committee 101105 [Environment Code - Existing Commercial Buildings Energy Performance] Sponsors: Mayor; Chiu, Wiener and Mar Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2000 through 2009, to adopt the San Francisco Existing Commercial Buildings Energy Performance Ordinance, requiring owners of nonresidential buildings to conduct Energy Efficiency Audits of their properties and file Annual Energy Benchmark Summaries for their buildings, and making environmental findings. Ordinance No. 17-11 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener REGULAR AGENDA UNFINISHED BUSINESS There were no items. NEW BUSINESS Recommendations of the Budget and Finance Committee 110012 [Accept and Expend Grant - Clean Energy Workforce Training Program and Amendment to the Annual Salary Ordinance for FY2010-2011 - $603,888] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $603,888 from the California Employment Development Department to support the Clean Energy Workforce Training Program, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 9772 Community Development Specialist position at 0.6 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 108 Printed at 4:54 pm on 3/15/11 ### [Page 4](https://sfbos.info/documents/2057/2011-02-08-minutes#page-4) Board of Supervisors Meeting Minutes 2/8/2011 110071 [Waiver of the Competitive Bidding and Solicitation Requirements for a Contract with Environmental Science Associates for the California Environmental Quality Act Review of the 34th America's Cup Event] Sponsors: Mayor; Mirkarimi, Chiu, Elsbernd, Farrell, Cohen, Avalos, Wiener and Mar Ordinance approving a waiver of the competitive bidding and solicitation requirements of Chapter 6 and Chapter 21 of the San Francisco Administrative Code for a contract with Environmental Science Associates for California Environmental Quality Act review of the 34th America’s Cup Event, and coordinating and developing submittals for associated federal and state permits. Privilege of the floor was granted to Brad Benson (Port) who responded to questions raised throughout the discussion regarding File No. 110071. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110072 [Accept and Expend Grant - Federal Green Jobs Workforce Development Training Project and Amendment to the Annual Salary Ordinance for FY2010-2011 - $238,000] Sponsors: Mayor; Mar Ordinance authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a grant in the amount of $238,000 from the United States Department of Labor Employment and Training Administration to fund the Green Jobs Workforce Development Training Project, and amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one (1) grant funded 1824 Principal Administrative Analyst at 0.5 FTE in FY2010-2011 in the Mayor's Office of Economic and Workforce Development. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101595 [Sale Agreement - Permanent and Temporary Easements for Highway 84 Improvement Project in Alameda County - $6,000] Resolution approving and authorizing an agreement for the sale and conveyance of property rights in fee interest, two nonexclusive permanent easements, and three temporary easements over portions of Assessor’s Parcel Numbers 85A-5400-2-3 and 507-762-005-00 located in Alameda County under the jurisdiction of the San Francisco Public Utilities Commission to State of California acting through its California Department of Transportation for a purchase price of $6,000 which includes $2,500 payment for City and County of San Francisco’s administration and legal fees; adopting SFPUC’s Resolution 10-0094; further adopting findings that the conveyance is in conformity with the City’s General Plan Referral as required by Section 4.105 of the Charter and Section 2A.53 of the Administrative Code; is consistent with the Eight Priority Policies of City Planning Code Section 101.1; adopting that the sale/conveyance is “Categorically Exempt” from environmental review under Class 12-Surplus Government Property Sales under CEQA Guidelines; and authorizing City’s Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 70-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 109 Printed at 4:54 pm on 3/15/11 ### [Page 5](https://sfbos.info/documents/2057/2011-02-08-minutes#page-5) Board of Supervisors Meeting Minutes 2/8/2011 110013 [Accept and Expend Grant - Community Services Block Grant - $750,000] Sponsor: Mayor Resolution authorizing the Mayor's Office of Economic and Workforce Development to retroactively accept and expend a Community Services Block Grant in the amount of $750,000 from the California State Department of Community Services and Development, through the Economic Opportunity Council, to support CityBuild, the Summer Youth Employment Program, and RAMP SF. Resolution No. 68-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendation of the Land Use and Economic Development Committee Supervisor Wiener Excused from Voting Supervisor Campos, seconded by Supervisor Chu, moved that Supervisor Wiener be excused from voting on File No. 101464. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi Excused: 1 - Wiener 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Mar, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi Excused: 1 - Wiener Ordinance amending the San Francisco Planning Code by amending Sections 134, 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5, 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District and to extend the Market and Octavia impact fees area to include the portion of the Upper Market Street Neighborhood Commercial District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects from the new controls and payment of the infrastructure fee; and adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Mirkarimi requested to be added as sponsor. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi Excused: 1 - Wiener City and County of San Francisco Page 110 Printed at 4:54 pm on 3/15/11 ### [Page 6](https://sfbos.info/documents/2057/2011-02-08-minutes#page-6) Board of Supervisors Meeting Minutes 2/8/2011 SPECIAL ORDER 3:00 P.M. Recommendations of the Budget and Finance Committee 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. Privilege of the floor was granted to Michael Yarne (MOEWD) and Ben Rosenfield, Controller, who provided an overview and responded to questions raised throughout the discussion regarding Infrastructure Financing District No. 1 (Rincon Hill Area). Supervisor Chiu, seconded by Supervisor Wiener, moved that the accompanying guidelines be AMENDED by adding 'unless non-Port land is included in a Port proposed IFD, in which case only the Port owned and/or managed land is exempt.' The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Resolution No. 66-11 ADOPTED, after accepting the amendment to the accompanying guidelines, by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101559 [Approving the Infrastructure Financing Plan - Rincon Hill Area] Sponsors: Mayor; Kim Resolution approving the Infrastructure Financing Plan for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 65-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Board of Supervisors Sitting as a Committee of the Whole 110132 [Hearing - Infrastructure Financing District No. 1 - Rincon Hill Area] Hearing of persons interested in or objecting to the proposed legislation: (1) creating the Infrastructure Financing District and adopting the Infrastructure Financing Plan for Infrastructure Financing District No. 1 (Rincon Hill Area); (2) calling for a special election and declaring the results for the Infrastructure Financing District No. 1 (Rincon Hill Area); and (3) authorizing the issuance of bonds for the Infrastructure Financing District No. 1 (Rincon Hill Area). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Committee of the Whole relating to Infrastructure Financing District No. 1 (Rincon Hill Area). James Chaffee; Mark Soloman; Ray Hartz; spoke in opposition of the district. Jamie Whitaker; spoke in support of the 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 City and County of San Francisco Page 111 Printed at 4:54 pm on 3/15/11 ### [Page 7](https://sfbos.info/documents/2057/2011-02-08-minutes#page-7) Board of Supervisors Meeting Minutes 2/8/2011 Committee of the Whole Adjourn and Report Recommendations of the Budget and Finance Committee 101558 [Formation of an Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution proposing the formation of an Infrastructure Financing District for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 64-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101562 [Intention to Issue Bonds for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution of intention to issue bonds for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 63-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101560 [Special Election for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution calling for a special election for the City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 62-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 112 Printed at 4:54 pm on 3/15/11 ### [Page 8](https://sfbos.info/documents/2057/2011-02-08-minutes#page-8) Board of Supervisors Meeting Minutes 2/8/2011 101561 [Declaring the Results of the Special Election for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution declaring the results of special election for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that we were in receipt of 11 ballots, representing 14 votes for the Infrastructure Financing District No. 1 (Rincon Hill Area). Ms. Calvillo further indicated that 100% of the ballots received were in favor of the IFD and the ballot measures have passed by the required percentage. Resolution No. 61-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101557 [Creating an Infrastructure Financing District and Adopting an Infrastructure Financing Plan - Rincon Hill Area] Sponsors: Mayor; Kim Ordinance creating an Infrastructure Financing District and adopting an Infrastructure Financing Plan for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101563 [Authorizing Issuance of Bonds for the Infrastructure Financing District - Rincon Hill Area] Sponsors: Mayor; Kim Resolution authorizing the issuance of bonds for City and County of San Francisco Infrastructure Financing District No. 1 (Rincon Hill Area). (Fiscal Impact.) Resolution No. 60-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 113 Printed at 4:54 pm on 3/15/11 ### [Page 9](https://sfbos.info/documents/2057/2011-02-08-minutes#page-9) Board of Supervisors Meeting Minutes 2/8/2011 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Mar, seconded by Supervisor Kim, 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 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Major Kurt Chew-Een Lee in recognition of his accomplishments surrounding the battle of Chosin during the Korean War. Supervisor Kim introduced, welcomed, and presented a Certificate of Honor to Barbara Bobbi Lopez and the Mother's of La Voz Latina in recognition of their accomplishments and continued community support. COMMITTEE REPORTS Recommendations of the Rules Committee 101576 [Settlement of Lawsuit - CCSF v. Alexander A. Deanda, et al. - City to Receive $75,000] Ordinance authorizing partial settlement of the lawsuit filed by the City and County of San Francisco against Alexander A. Deanda, Gerald T. Lyons, and Sheldon Morris for $45,000 from defendant Alexander A. Deanda and $30,000 from Gerald T. Lyons; the lawsuit was filed on November 24, 2008, in San Mateo Superior Court, Case No. Civ 482-183; entitled City and County of San Francisco, et al. v. Alexander A. Deanda, et al.; the City has not yet settled with defendant Sheldon Morris. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 101577 [Settlement of Lawsuit - Gang Hao O'Neil/James O'Neil - $270,000] Ordinance authorizing settlement of the lawsuit filed by Gang Hao O'Neil and James O'Neil against the City and County of San Francisco for $270,000; the lawsuit was filed on October 5, 2009, in the San Francisco Superior Court, Case No. CGC 09-491579, entitled Gang Hao O'Neil and James O'Neil v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 114 Printed at 4:54 pm on 3/15/11 ### [Page 10](https://sfbos.info/documents/2057/2011-02-08-minutes#page-10) Board of Supervisors Meeting Minutes 2/8/2011 101592 [Settlement of Lawsuit - Mackin, et al. - $63,020] Ordinance authorizing settlement of a lawsuit filed by the City and County of San Francisco against Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100, to condemn and take by right of eminent domain a temporary construction easement over portions of real property located in Sunol, California, APN 096-0001-020-03; filed May 24, 2010, in Alameda County Superior Court, Case No. RG-10516566; entitled City of San Francisco v. Kenneth Paul Mackin and Janice Mackin; Pacific Gas & Electric Company; Fremont Bank; and Does 1 through 100. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110021 [Settlement of Lawsuit - Jason Davis - $4,000,000] Ordinance authorizing settlement of the lawsuit filed by Jason Davis against the City and County of San Francisco for $4,000,000; the lawsuit was filed on August 28, 2009, in Contra Costa Superior Court, Case No. MSC 09-02405; entitled Jason L. Davis, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110050 [Settlement of Lawsuit - Toni Battle - $105,000] Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and County of San Francisco for $105,000; the lawsuit was filed on October 16, 2009, in San Francisco Superior Court, Case No. CGC 09-493489, entitled Battle v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Recommendation of the Land Use and Economic Development Committee 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. Resolution No. 71-11 ADOPTED 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 115 Printed at 4:54 pm on 3/15/11 ### [Page 11](https://sfbos.info/documents/2057/2011-02-08-minutes#page-11) Board of Supervisors Meeting Minutes 2/8/2011 PUBLIC COMMENT Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Ray Hartz; expressed concerns relating to government. Damon Espher; spoke in support of proposed KUSF legislation. Debra Davidson; expressed various concerns. Walter Paulson; shared in song certain concerns with the Board. Male Speaker; spoke in support of proposed KUSF legislation. Nick Fell; spoke in support of proposed KUSF legislation. Male Speaker; expressed various religious concerns. Irwin Swirnoff; spoke in support of proposed KUSF legislation. Douglas Yep; expressed various concerns. Female Speaker; spoke in support of proposed KUSF legislation. Allen Jones; expressed various concerns. Dale Seymore; announced an upcoming Tenderloin open house. Ace Washington; spoke regarding Black American History Month. Fahim; expressed concerns relating to the homeless and issues facing Taxi cab drivers. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 110121 [Consolidation of Special Municipal Election with Special Statewide Election Anticipated for June 7, 2011] Sponsor: Chiu Resolution calling a Special Municipal Election for June 7, 2011, and consolidating that election with the Statewide Special Election anticipated to be held on the same date. Resolution No. 69-11 ADOPTED 110122 [Commending The De Marillac Academy] Sponsors: Elsbernd; Kim, Farrell and Campos Resolution commending The De Marillac Academy on the occasion of its tenth anniversary and commending the Academy on its outstanding educational work. Supervisors Farrell and Campos requested to be added as co-sponsors. Resolution No. 72-11 ADOPTED City and County of San Francisco Page 116 Printed at 4:54 pm on 3/15/11 ### [Page 12](https://sfbos.info/documents/2057/2011-02-08-minutes#page-12) Board of Supervisors Meeting Minutes 2/8/2011 110123 [Approving a 90-Day Extension for Planning Commission Review of Parking Controls in SoMa and Mission Bay] Sponsor: Kim Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on a proposed ordinance that would amend the San Francisco Planning Code Sections 151, 151.1, 155, 161, 249.1, 249.23, and Part VII of Article 9 to: (1) remove minimum parking requirements and establish maximum parking limits in M-1, C-M, and South of Market districts and the Folsom and Main Residential/Commercial and Fourth and Freelon Streets Special Use Districts to make them consistent with those of neighboring districts; (2) require that non-residential and non-hotel parking in C-3 in the South of Market Mixed Use districts adjacent to Downtown maintain a fee structure which discourages long-term commuter parking; and (3) make parking controls in the Mission Bay Districts that are subject to the Planning Code consistent with requirements of neighboring districts; and making environmental findings, General Plan findings, and other required findings. Resolution No. 67-11 ADOPTED 110124 [Condemning Rush Limbaugh for Mocking Chinese President Hu Jintao] Sponsors: Mar; Avalos, Chu, Campos, Chiu, Kim and Cohen Resolution condemning Rush Limbaugh for mocking the Chinese language and Chinese President Hu Jintao on his radio show on January 19, 2011. Resolution No. 82-11 ADOPTED 110125 [Apply for Department of Forestry and Fire Protection Grant for Fruit Bearing Trees] Sponsor: Mayor Resolution authorizing the Department of the Environment of the City and County of San Francisco to apply for funding from the Department of Forestry and Fire Protection (CalFire) as provided through Propositions 40 and 84 for a project to plant fruit bearing trees on appropriate City land. Resolution No. 73-11 ADOPTED 110126 [Accept and Expend Grant - Implementation of Programs for the Prevention, Care, and Treatment of HIV/AIDS - $13,001] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $13,001 from the University of California San Francisco to participate in a program entitled “Implementation of Programs for the Prevention, Care, and Treatment of HIV/AIDS” for the period of July 1, 2010, through June 30, 2011. Resolution No. 74-11 ADOPTED City and County of San Francisco Page 117 Printed at 4:54 pm on 3/15/11 ### [Page 13](https://sfbos.info/documents/2057/2011-02-08-minutes#page-13) Board of Supervisors Meeting Minutes 2/8/2011 110127 [Accept and Expend Grant - Western States Node of the National Drug Abuse Treatment Clinical Trials Network - $16,876] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $16,876 from the University of California San Francisco to participate in a program entitled “Western States Node of the National Drug Abuse Treatment Clinical Trials Network” for the period of September 1, 2010, through August 31, 2011. Resolution No. 75-11 ADOPTED 110128 [Accept and Expend Grant - Integrating I-Tech International AIDS Education and Training Center - $20,682] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $20,682 from the University of California San Francisco to participate in a program entitled “Integrating I-Tech International AIDS Education and Training Center” for the period of April 1, 2010, through March 31, 2011. Resolution No. 77-11 ADOPTED 110129 [Accept and Expend Grant - Risk Reduction Project - $27,287] Sponsor: Wiener Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $27,287 from the Public Health Foundation Enterprises, Inc., to participate in a program entitled “Risk Reduction Project” for the period of August 1, 2010, through July 14, 2012. Resolution No. 76-11 ADOPTED 110118 [Opposing the Metropolitan Transportation Commission’s Proposal to Add Voting Members Representing Urban Areas] Sponsors: Wiener; Campos and Avalos Resolution opposing the Metropolitan Transportation Commission’s proposal to add voting members representing urban areas but excluding San Francisco and other large Bay Area cities, and urging the California State Legislature to oppose the proposal. Supervisors Campos and Avalos requested to be added as co-sponsors. Resolution No. 79-11 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 118 Printed at 4:54 pm on 3/15/11 ### [Page 14](https://sfbos.info/documents/2057/2011-02-08-minutes#page-14) Board of Supervisors Meeting Minutes 2/8/2011 Severed from the For Adoption Without Committee Reference Agenda Supervisor Mirkarimi requested that File No. 110100 be severed so that it may be considered separately. 110100 [Opposing the Sale of KUSF’s FCC License to Broadcast on 90.3 FM] Sponsors: Mirkarimi; Mar Resolution recognizing the long and valuable public service of radio station KUSF, opposing the sale of KUSF’s FCC license to broadcast on 90.3 FM, requesting the USF Board of Regents to rescind the decision to transfer KUSF’s license and reinstate KUSF programming, and urging San Francisco’s Federal representatives to express their opposition to KUSF’s sale to the Federal Communications Commission. Resolution No. 81-11 ADOPTED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Mirkarimi, Wiener Noes: 3 - Chu, Elsbernd, Farrell . Supervisor Wiener requested that File No. 110119 be severed so that it may be considered separately. 110119 [Supporting Local 87 Janitors at 1 South Van Ness Avenue] Sponsors: Wiener; Kim, Chiu, Avalos, Cohen, Campos and Mirkarimi Resolution supporting reinstating the Janitors who have worked at 1 South Van Ness Avenue represented by Local 87. Supervisor Wiener, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisors Campos and Mirkarimi requested to be added as co-sponsors. Resolution No. 80-11 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener IMPERATIVE AGENDA The President inquired as to whether any member of the public wished to address the Board relating to Financial Aid Awareness Week as referenced in File No. 110149. There were no speakers. The President declared public comment closed. [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Campos, seconded by Supervisor Mar, moved ADOPTION of the commendatory finding. 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 119 Printed at 4:54 pm on 3/15/11 ### [Page 15](https://sfbos.info/documents/2057/2011-02-08-minutes#page-15) Board of Supervisors Meeting Minutes 2/8/2011 [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Campos, seconded by Supervisor Mar, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110149 [Financial Aid Awareness Week - February 6-12, 2011] Sponsors: Campos; Avalos, Cohen, Chu, Farrell, Kim, Mar and Chiu Resolution declaring February 6-12, 2011, as Financial Aid Awareness Week. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 78-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or Mayor Ordinances 110150 [Administrative Code - Process for Mayoral Appearance at the Board of Supervisors] Sponsors: Chiu; Mar Ordinance amending the Administrative Code by adding Section 2.11 to establish a process for the Mayor to appear at the Board of Supervisors for a question and answer session. 02/08/11; RECEIVED AND ASSIGNED to Rules Committee. 110151 [Appropriating $6,995,000 of State Loans - West Marina Yacht Harbor Renovations for FY2010-2011] Sponsor: Farrell Ordinance appropriating $6,995,000 of loan funding from the California Department of Boating and Waterways for the renovation of the West Harbor of the San Francisco Marina Yacht Harbor in the Department of Recreation and Park for FY2010-2011. (Fiscal Impact.) 02/08/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 120 Printed at 4:54 pm on 3/15/11 ### [Page 16](https://sfbos.info/documents/2057/2011-02-08-minutes#page-16) Board of Supervisors Meeting Minutes 2/8/2011 110152 [Planning Code - Zoning - Self-Service Restaurants, Retail Coffee Stores, and Video Stores] Sponsor: Mirkarimi Ordinance amending the San Francisco Planning Code by amending Sections 710, 730, 733A, 733A.1, 790.90, 790.91, and 790.102 to: (1) increase the maximum use size for Small Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district and eliminate the limit on the number of seats; (2) increase the minimum size for Large Self-Service Restaurants in Neighborhood Commercial Districts to that of the non-residential use size limit for the district; (3) principally permit Small Self-Service Restaurants and Video Stores in Neighborhood Commercial Cluster (NC-1) and Neighborhood Commercial Transit Cluster (NCT-1) Districts; (4) conditionally permit Large Self-Service Restaurants in the Inner Sunset Neighborhood Commercial District; (5) require that mechanical noise and vibration from Self-Service Restaurants be confined to the premises; and (6) remove the prohibition of on-site food preparation and cooking and reheating equipment in Retail Coffee Stores; adopting findings, including environmental findings, Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. 02/08/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/10/2011. 110153 [Administrative Code - Residential Rent Ordinance - Good Samaritan Base Rent Following Emergency Dislocation of Tenant] Sponsors: Wiener; Farrell Ordinance amending Administrative Code Chapter 37 Residential Rent Arbitration and Stabilization Ordinance, by amending Section 37.2(a) to provide for temporary Good Samaritan base rent when a landlord and new tenant agree for the tenant to commence occupancy following an emergency such as fire or earthquake or landslide that required unexpected vacation of the tenant's previous unit, and the agreement includes a reduced rent rate for up to the first three hundred sixty-five (365) days of occupancy (Original Good Samaritan Status Period); initial base rent for purposes of calculating annual CPI increases per Section 37.3 shall be the rent payable upon expiration of the Original Good Samaritan Status Period, or upon expiration of any Extended Good Samaritan Status Period as agreed by the landlord and tenant in writing, for a total of no more than 730 days of Original and Extended Good Samaritan Status days combined; Good Samaritan status may be utilized only upon written certification by a specified City Official, that identifies the emergency and the resulting unit vacation on grounds of public health, safety, and habitability. 02/08/11; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 3/10/2011. 110154 [Appropriating $2,809,000 of General Fund Reserve - Fourth Street Bridge Project Litigation Expenses in FY2010-2011] Sponsor: Mayor Ordinance appropriating $2,809,000 from the General Fund Reserve to the Department of Public Works for litigation expenses related to the Santa Clara Superior Court Case between Mitchell Engineering/Obayashi Corporation v. City and County of San Francisco for the Fourth Street Bridge Project in FY2010-2011. (Fiscal Impact.) 02/08/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 121 Printed at 4:54 pm on 3/15/11 ### [Page 17](https://sfbos.info/documents/2057/2011-02-08-minutes#page-17) Board of Supervisors Meeting Minutes 2/8/2011 110155 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area] Sponsors: Mayor; Kim, Chiu and Farrell Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area. (Fiscal Impact; Economic Impact.) 02/08/11; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/10/2011. Resolutions 110157 [Accept and Expend Grant - Carl Moyer Program - $178,962] Sponsor: Chiu Resolution authorizing the Police Department to retroactively accept and expend a Carl Moyer Grant in the amount of $178,962 from the Bay Area Air Quality Management District to replace the engines on board the Marine 1 Police Boat. 02/08/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110158 [Accept and Expend Grant - State Department of Boating and Waterways - $65,000] Sponsor: Chiu Resolution authorizing the Police Department to retroactively accept and expend a grant in the amount of $65,000 from the California State Department of Boating and Waterways for a Boating Safety and Enforcement Grant to purchase equipment for the Marine Unit. 02/08/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110159 [Accept and Expend Grant - Safe Havens: Supervised Visitation and Safe Exchange Continuation Project - $141,586] Sponsor: Cohen Resolution authorizing the Department of Public Health to retroactively accept and expend a grant from the Department of Justice in the amount of $141,586 to fund the project entitled “Safe Havens: Supervised Visitation and Safe Exchange Continuation Project” for the period of October 1, 2010, through September 30, 2011. 02/08/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110160 [Accept and Expend Grant - Arelious Walker Drive Stairway Improvement Project - $1,109,000] Sponsor: Cohen Resolution authorizing the Department of Public Works to accept and expend a federal grant in the amount of $1,109,000 from the Metropolitan Transportation Commission for the Arelious Walker Drive Stairway Improvement Project. 02/08/11; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 122 Printed at 4:54 pm on 3/15/11 ### [Page 18](https://sfbos.info/documents/2057/2011-02-08-minutes#page-18) Board of Supervisors Meeting Minutes 2/8/2011 110161 [Accept and Expend Grant - Installation of Rubber Sidewalks - Not to Exceed $12,600] Sponsor: Cohen Resolution authorizing the Department of Public Works to apply for grant funds in the amount up to, but not to exceed, $12,600 from the California Department of Resources Recycling and Recovery, Tire-Derived Product Grant Program for the purpose of installing rubber sidewalks and preserving mature trees. 02/08/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110162 [Oliver W. Sipple Day - September 22, 2011] Sponsors: Campos; Wiener Resolution declaring September 22, 2011, as Oliver W. Sipple Day in San Francisco to honor a gay American hero, who on September 22, 1975, saved the life of President Gerald Ford outside of St. Francis Hotel in Union Square in San Francisco. 02/08/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110170 [Urging the Governor of California to Protect Proposition 10 Funding for Local Children’s Programs] Sponsors: Mar; Campos Resolution urging the Governor of California to protect Proposition 10 County funding by not sweeping $1,000,000,000 in Proposition 10 funds from local First 5 Commissions reserves, and urging a permanent diversion of 50% of all future Proposition 10 revenues. 02/08/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110171 [Park Branch Library Reopening] Sponsor: Mirkarimi Resolution recognizing the grand reopening of the Park Branch Library and commending the San Francisco Public Library, and its team, for their hard work and commitment to San Francisco and its residents. 110075 [Accept and Expend Grant - Safe Routes to School - $500,000] Sponsors: Chiu; Mar Resolution authorizing the Department of Public Health to accept and expend a grant in the amount of $500,000 in Federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvements Funds through the Metropolitan Transportation Commission’s Safe Routes to School Grant Program for the period September 1, 2011, through August 31, 2013, waiving indirect costs, stating assurance to complete the project, and to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Health. 01/25/11; RECEIVED AND ASSIGNED to Public Safety Committee. 02/08/11; SUBSTITUTED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 123 Printed at 4:54 pm on 3/15/11 ### [Page 19](https://sfbos.info/documents/2057/2011-02-08-minutes#page-19) Board of Supervisors Meeting Minutes 2/8/2011 Motions 110167 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.1 Concerning the Budget and Finance Committee Structure] Sponsor: Chu Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider, without reference, an amendment to Rule 5.1 to amend the date the Budget and Finance Committee expands to five members and the date the three member subcommittee is established from April 1 to March 1. 02/08/11; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 110172 [Suspending Board Rule 4.38 to Permit the Board of Supervisors to Consider an Amendment to Rule 5.7 Extending the Joint City and School District Committee for One Year Ending March 1, 2012] Sponsor: Cohen Motion suspending Rule 4.38 of the Board of Supervisors’ Rules of Order to consider, without reference, an amendment to Rule 5.7 to extend the term of the Joint City and School District Select Committee for one year ending March 1, 2012. Requests for Hearing 110138 [Hearing - San Francisco Unified School District's Enrollment Procedures for 2011-2012 School Year] Sponsor: Cohen Hearing on the application procedures for enrollment in the 2011-2012 school year and San Francisco Unified School District's related outreach program, which culminate in an enrollment deadline of February 18, 2011. 02/08/11; RECEIVED AND ASSIGNED to City and School District Select Committee. 110156 [Annual Review and Adoption of the Proposed Board of Supervisors/Clerk of the Board FY2011-2012 Budget] Hearing to consider the annual review and adoption of the proposed Board of Supervisors/Clerk of the Board FY2011-2012 Budget. (Clerk of the Board) 02/08/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110163 [Hearing - Community Policing] Sponsor: Campos Hearing on the state of Community Policing in San Francisco, requesting an update from the Chief of Police and Mayor's Office on the status of the efforts outlined in the November 2006 report and to clarify whether or not the department continues to embrace Community Policing Strategies. 02/08/11; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 124 Printed at 4:54 pm on 3/15/11 ### [Page 20](https://sfbos.info/documents/2057/2011-02-08-minutes#page-20) Board of Supervisors Meeting Minutes 2/8/2011 110164 [Hearing - Reentry Council Annual Report] Sponsor: Mirkarimi Hearing to receive and consider the Annual Report of the San Francisco Reentry Council. 02/08/11; RECEIVED AND ASSIGNED to Public Safety Committee. 110165 [Hearing - City Labor Contracts Status and Provisions] Sponsor: Chu Hearing to receive an update from the Department of Human Resources on the status and provisions of City labor contracts. 02/08/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. 110166 [Hearing - Set-Asides and Reserves Policies] Sponsor: Chu Hearing to receive an update regarding the City’s policies on set-asides and reserves. 02/08/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. Introduced by the President at the Request of a Department PROPOSED ORDINANCE 110107 [Settlement of Lawsuit - Paul Graham - $34,271.51] Ordinance authorizing settlement of the lawsuit filed by Paul Graham against the City and County of San Francisco for $34,271.51; the lawsuit was filed on March 12, 2009, in San Francisco Superior Court, Case No. CGC-09-486068; entitled Paul Graham, et al. v. City and County of San Francisco, et al. (City Attorney) 01/27/11; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTIONS 110108 [Settlement of Unlitigated Claim - John Payne - $220,229] Resolution approving the settlement of the unlitigated claim filed by John Payne against the City and County of San Francisco for $220,229; claim including grievance was filed on July 9, 2010. (City Attorney) 01/28/11; RECEIVED AND ASSIGNED to Rules Committee. 110109 [Airport Lease Agreement - China Airlines, Ltd. - Building 648] Resolution approving and authorizing the execution of Lease No. 10-0347 with China Airlines, Ltd., for cargo warehouse and support office space to be occupied by China Airlines, Ltd., in Building 648 at San Francisco International Airport. 01/28/11; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 125 Printed at 4:54 pm on 3/15/11 ### [Page 21](https://sfbos.info/documents/2057/2011-02-08-minutes#page-21) Board of Supervisors Meeting Minutes 2/8/2011 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 Northeast corner Page and Octavia Southeast corner Scott and Grove Opposite 1855 Hayes Southwest corner Ashbury and Haight Northeast corner Octavia and Haight Southeast corner Masonic and Haight Mailboxes Southeast corner Fillmore and Oak Northeast corner Buchanan and Haight near 1800 Turk Northwest corner Divisadero and Geary City and County of San Francisco Page 126 Printed at 4:54 pm on 3/15/11 ### [Page 22](https://sfbos.info/documents/2057/2011-02-08-minutes#page-22) Board of Supervisors Meeting Minutes 2/8/2011 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 Within western crosswalk of Page and Schrader Within the intersection of Haight and Clayton Near 687 Haight Near 535 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 at the following private property locations: 1167 Oak 546 Haight 542 Haight 515 Haight 1701 Turk 1366 Turk 399 Haight, on the Webster side 1431 Eddy 1826 Geary 2 Avery 6 Avery 8 Avery 333 Haight 799 Haight 798 Haight 1569 Fulton 418 Haight 847 Haight 921 Haight 672 Stanyan 1500 Page 1970 Page 851 Fell 865 Fell 1787 Haight 1777 Haight 1607 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations: Utility Boxes Southeast corner Scott and Geary Northeast corner Eddy and Divisadero In front of 1701 Turk Bus Shelters Southwest corner Buchanan and Haight Southeast corner Buchanan and Hayes City and County of San Francisco Page 127 Printed at 4:54 pm on 3/15/11 ### [Page 23](https://sfbos.info/documents/2057/2011-02-08-minutes#page-23) Board of Supervisors Meeting Minutes 2/8/2011 Southwest corner Fillmore and Hayes Northeast corner Hayes and Fillmore Southwest corner Haight and Pierce Northwest corner Laguna and Haight Northeast corner Masonic and Fulton Fillmore and Haight (all 4 bus stops, graffiti and grime and canopies are graffiti also canopies have graffiti) Fire Hydrants 1701 Turk Southeast corner Scott and Geary Emergency Boxes Northeast corner Scott and Eddy Approximately 1655 Turk 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 Northwest corner Seymour and Turk Southwest corner Page and Octavia Southwest corner Hickory and Octavia Southwest corner Page and Gough Southeast corner Haight and Buchanan Northwest corner Haight and Laguna In front of 1701 Turk In front of 1773 Turk In front of 1739 Turk Opposite 1910 Eddy In front of 10 Avery In front of 1910 Geary In front of 335 Haight Northwest corner Divisadero and Fulton Wood Poles Southwest corner Webster and Page In front of 772 Fell In front of 870 Fell In front of 888 Fell Southwest corner Haight and Clayton From: Supervisor Chiu To: City Attorney Requesting/Inquiring: Requesting the City Attorney to draft legislation to strengthen protections for janitorial service workers. City and County of San Francisco Page 128 Printed at 4:54 pm on 3/15/11 ### [Page 24](https://sfbos.info/documents/2057/2011-02-08-minutes#page-24) Board of Supervisors Meeting Minutes 2/8/2011 In Memoriams Jessie Zmuda – Entire Board John Traina – Supervisor Farrell Allen Smith – Supervisor Mirkarimi Kevin Chojczak – Supervisor Avalos Frank Mallia – Supervisor Campos David Kato Kisule – Supervisor Wiener ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:51 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 March 15, 2011. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 129 Printed at 4:54 pm on 3/15/11