# Board of Supervisors Agenda: November 2, 2010

- Meeting date: 2010-11-02
- Document type: agenda
- Source format: PDF
- Extracted pages: 20
- [Canonical HTML transcript](https://sfbos.info/documents/2032/2010-11-02-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG110210.pdf)

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

## Extracted text

### [Page 1](https://sfbos.info/documents/2032/2010-11-02-agenda#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO
 AGENDA

 Legislative Chamber, Room 250
 City Hall, 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689
 Tuesday, November 2, 2010 - 2:00 PM

 DAVID CHIU, PRESIDENT
MICHELA ALIOTO-PIER, JOHN AVALOS, DAVID CAMPOS, CARMEN CHU, CHRIS DALY,
 BEVAN DUFTY, SEAN ELSBERND, ERIC MAR, SOPHIE MAXWELL, ROSS MIRKARIMI

 Angela Calvillo, Clerk of the Board
 Agendas of the Board of Supervisors are available on the internet at www.sfgbos.org

 BOARD COMMITTEES
 Committee Membership Meeting Days
 Budget and Finance Committee Wednesday
 Supervisors Avalos, Mirkarimi, Elsbernd 11:00 AM

 City and School District Select Committee 2nd and 4th Thursday
 Supervisors Dufty, Alioto-Pier, Daly, Fewer, Kim, Mendoza 3:30 PM

 City Operations and Neighborhood Services Committee 2nd and 4th Monday
 Supervisors Chu, Avalos, Dufty 10:30 AM

 Government Audit and Oversight Committee 2nd and 4th Thursday
 Supervisors Mar, Chu, Maxwell 10:30 AM

 Land Use and Economic Development Committee Monday
 Supervisors Maxwell, Mar, Chiu 1:00 PM

 Public Safety Committee 1st and 3rd Monday
 Supervisors Chiu, Mirkarimi, Elsbernd 10:00 AM

 Rules Committee 1st and 3rd Thursday
 Supervisors Campos, Alioto-Pier, Mar 10:00 AM

 First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.

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Meeting Procedures

Board procedures do not permit: 1) persons in the audience at a Board meeting to vocally
express support or opposition to statements by Supervisors or by other persons testifying; 2)
ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3)
bringing in or displaying signs in the meeting room; 4) standing in the meeting room. The
public is encouraged to testify at Committee meetings and to write letters to the Clerk of a
Committee or to its members: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco,
CA 94102.

LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415)
554-7490 to coordinate the use of the laptop computer for presentations. Presenters should
arrive 30 minutes prior to the meeting to test their presentations on the computer.

AGENDA PACKET: Available for review in Clerk’s Office, Room 244, City Hall, and on
the internet at http://www.sfbos.org/meetings. Meetings are cablecast on SF Cable 26. For
DVD copies and scheduling call (415) 554-4188.

LANGUAGE INTERPRETERS: Requests must be received at least 48 hours in advance of
the meeting to help ensure availability. Contact Madeleine Licavoli at (415) 554-7722.
AVISO EN ESPAÑOL: La solicitud para un traductor debe recibirse antes de mediodía de el
viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

 Disability Access

The Legislative Chamber and the Committee Room in City Hall are wheelchair accessible.
Meetings are real-time captioned and are cablecast open-captioned on SF Cable 26. Assistive
listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's
Office, Room 244. Assistive listening devices for the Committee Room are available upon request at
the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language
interpreters, readers, large print agendas or other accommodations, please contact Madeleine Licavoli
at (415) 554-7722 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the
meeting will help to ensure availability.

The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible
MUNI Metro lines are the F, 5, 21, 47, 49, 71, 71L, J, K, L, M, N, T (exit at Van Ness Station).
MUNI bus lines also serving the area are the 6, 7, and 9 San Bruno. For more information about
MUNI accessible services, call (415) 701-4485.

There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies
Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B.
Goodlett Place and Grove Street.

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental
illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded
that other attendees may be sensitive to perfumes and various other chemical-based scented products.
Please help the City to accommodate these individuals.

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Know Your Rights Under The Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public.
Commissions, boards, councils and other agencies of the City and County exist to conduct the
people's business. This ordinance assures that deliberations are conducted before the people and that
City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance
Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102, by phone at (415)
554-7724, by fax at (415) 554-7854 or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San
Francisco Administrative Code on the Internet, at http://www.sfbos.org/sunshine

 Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220,
San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
www.sfgov.org/ethics

 Agenda Item Information

Each item on the Consent or Regular agenda may include the following documents:
 1) Legislation
 2) Budget and Legislative Analyst report
 3) Department or Agency cover letter and/or report
 4) Public correspondence
These items will be available for review at 1 Dr. Carlton B. Goodlett Place, City Hall, Room 244,
Reception Desk on the Friday preceding a regularly scheduled Board meeting.

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the the September 28, 2010, Board Meeting Minutes.

 COMMUNICATIONS

 CONSENT AGENDA
 All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
 Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
 discussion of these items unless a member of the Board so requests, in which event the matter shall be
 removed from the Consent Agenda and considered as a separate item.

 Items 1 through 18

 Recommendation of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi

1. 101282 [Accept and Expend Grant - The ARTery Project - $250,000]
 Sponsors: Mayor; Dufty
 Resolution authorizing the San Francisco Arts Commission to retroactively accept and
 expend a grant in the amount of $250,000 from the National Endowment for the Arts for
 the Mid Market Cultural District Partnership, now called The ARTery Project.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 Recommendations of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Dufty

2. 100296 [Liquor License - 2367-2371 Market Street]
 Resolution determining that the issuance of a Type 48 on-sale general public premises
 liquor license to Pornchai Hutachinda for P H Holdings, Inc., dba the Cafe, located at
 2367-2371 Market Street (District 8), will serve the public convenience or necessity of the
 people of the City and County of San Francisco, in accordance with Section 23958.4 of
 the California Business and Professions Code, with conditions.

 Question: Shall this Resolution be ADOPTED?

3. 101196 [Gift Acceptance - Equipment and Furnishings - $155,013]
 Sponsors: Chiu; Elsbernd
 Resolution authorizing the Recreation and Park Department to accept a gift of equipment
 and furnishings valued at $155,013 from the San Francisco Parks Trust Gear-up
 Campaign to be used at Hamilton Recreation Center, Midtown Terrace Playground,
 Harvey Milk Center for the Recreational Arts, Sunnyside Conservatory, Sunnyside
 Clubhouse, and other Recreation and Park Department facilities.

 Question: Shall this Resolution be ADOPTED?

4. 101198 [Accept and Expend Grant - Screening, Brief Intervention, and Referral to
 Treatment Project - $25,331]
 Sponsor: Chu
 Resolution authorizing the San Francisco Department of Public Health to retroactively
 accept and expend a grant in the amount of $25,331 from the University of California,
 San Francisco, to fund the Screening, Brief Intervention, and Referral to Treatment
 project, and to enter into an agreement for the use of these funds for the period of
 September 30, 2009, through September 29, 2010.

 Question: Shall this Resolution be ADOPTED?

5. 101251 [Accept and Expend Grant - Youth Stewardship Program - $165,000]
 Sponsor: Maxwell
 Resolution authorizing the San Francisco Recreation and Park Department to
 retroactively accept and expend a grant in the amount of $165,000 to support the San
 Francisco Recreation and Park Department’s Youth Stewardship Program for the period
 of October 1, 2010, through October 1, 2015.

 Question: Shall this Resolution be ADOPTED?

6. 101275 [Accept and Expend Grant - Illegal Dumping Abatement Project - Not to
 Exceed $350,000]
 Sponsor: Maxwell
 Resolution authorizing the Director of the Department of Public Works to apply for,
 accept and expend a grant in the amount of up to but not to exceed $350,000 from the
 Solid Waste Disposal Clean-up Site Trust Fund for clean-up of illegal dumping sites in
 San Francisco.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

7. 101298 [Gift Acceptance - Two Automobiles from KKI Productions - $31,239.30]
 Resolution authorizing the San Francisco Police Department to accept as gifts from KKI
 Productions a 2007 Honda Accord with mileage of 33,681 valued at $15,571.44 and a
 2008 Toyota Corolla S-Type with mileage of 32,518 valued at $15,667.86. These
 automobiles will be placed into the general fleet of vehicles assigned to the San
 Francisco Police Department.

 Question: Shall this Resolution be ADOPTED?

 Recommendation of the Government Audit and Oversight Committee
 Present: Supervisors Mar, Chu

8. 101156 [Memorandum of Understanding, Amendment No. 2 - Service Employees
 International Union, Local 1021 (H-1 Fire Rescue Paramedics)]
 Sponsor: Mayor
 Ordinance adopting and implementing Amendment No. 2 to the 2007-2012
 Memorandum of Understanding between the City and County of San Francisco and
 Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics, by
 extending the term of the parties’ agreement through June 30, 2013, and by
 implementing specified terms and conditions of employment for FYs 2010-2011,
 2011-2012, and 2012-2013.
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

9. 100878 [Fire Code - Repealing and Replacing]
 Ordinance repealing the San Francisco Fire Code in its entirety and replacing that code
 with a new 2010 San Francisco Fire Code consisting of the 2010 California Fire Code
 and portions of the 2009 International Fire Code together with San Francisco
 amendments; adopting findings of local conditions pursuant to California Health and
 Safety Code Section 17958.7 and directing the Clerk of the Board to forward San
 Francisco’s amendments to the California Building Standards Commission and State
 Fire Marshal; and making environmental findings. (Fire Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

10. 100946 [Building Code - Repealing and Replacing]
 Ordinance repealing the 2007 San Francisco Building Code in its entirety and replacing
 that Code with a new 2010 San Francisco Building Code that consists of the 2010
 California Building Code and San Francisco amendments thereto; adopting findings of
 local conditions pursuant to California Health and Safety Code Section 17958.7, and
 directing the Clerk of the Board to forward San Francisco's amendments and findings to
 the State Building Standards Commission; making environmental findings; and providing
 for an operative date of January 1, 2011. (Building Inspection Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

11. 100950 [Building Code - Residential Building - Repealing and Replacing]
 Ordinance incorporating the provisions of the 2010 California Residential Code into
 various chapters of the San Francisco Building Code with local amendments, and adding
 Chapter 36 to serve as a directory of where such provisions may be found in the San
 Francisco Building Code; adopting findings of local conditions pursuant to California
 Health and Safety Code Section 17958.7, and directing the Clerk of the Board to forward
 San Francisco's amendments and findings to the State Building Standards Commission;
 making environmental findings; and providing for an operative date of January 1, 2011.
 (Building Inspection Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

12. 100952 [Electrical Code - Repealing and Replacing]
 Ordinance repealing the 2007 San Francisco Electrical Code in its entirety and replacing
 that code with a new 2010 San Francisco Electrical Code that consists of the 2010
 California Electrical Code and San Francisco amendments thereto; adopting findings of
 local conditions pursuant to California Health and Safety Code Section 17958.7, and
 directing the Clerk of the Board to forward San Francisco's amendments and findings to
 the State Building Standards Commission; making environmental findings; and providing
 for an operative date of January 1, 2011. (Building Inspection Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

13. 101126 [Mechanical Code - Repealing and Replacing]
 Ordinance repealing the 2007 San Francisco Mechanical Code in its entirety and
 replacing that code with a new 2010 San Francisco Mechanical Code that consists of the
 2010 California Mechanical Code and San Francisco amendments thereto; adopting
 findings of local conditions pursuant to California Health and Safety Code Section
 17958.7, and directing the Clerk of the Board to forward San Francisco's amendments
 and findings to the State Building Standards Commission; making environmental
 findings; and providing for an operative date of January 1, 2011. (Building Inspection
 Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

14. 101127 [Plumbing Code - Repealing and Replacing]
 Ordinance repealing the 2007 San Francisco Plumbing Code in its entirety and replacing
 that code with a new 2010 San Francisco Plumbing Code that consists of the 2010
 California Plumbing Code and San Francisco amendments thereto; adopting findings of
 local conditions pursuant to California Health and Safety Code Section 17958.7, and
 directing the Clerk of the Board to forward San Francisco's amendments and findings to
 the State Building Standards Commission; making environmental findings; and providing
 for an operative date of January 1, 2011. (Building Inspection Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

15. 101128 [Building Code - Green Building - Repealing and Replacing]
 Ordinance repealing Chapter 13C of the San Francisco Building Code in its entirety and
 enacting a new Chapter 13C that consists of the 2010 California Green Building
 Standards Code with local amendments; adopting findings of local conditions pursuant to
 California Health and Safety Code Section 17958.7 and Public Resources Code Section
 25402.1(h)(2), and directing the Clerk of the Board to forward San Francisco's
 amendments and findings to the State Building Standards Commission; making
 environmental findings; and providing for an operative date of January 1, 2011. (Building
 Inspection Department)
 10/26/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Alioto-Pier, Mar

16. 100899 [Appointment, Entertainment Commission - Timothy Benetti]
 Motion appointing Timothy Benetti, term ending July 1, 2014, to the Entertainment
 Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

17. 101292 [Appointments, Immigrant Rights Commission - Vera Haile, Samer Danfoura,
 Teresa Chee, and Elahe Enssani]
 Motion to appointing Vera Haile, Samer Danfoura, Teresa Chee, and Elahe Enssani,
 terms ending June 6, 2012, to the Immigrant Rights Commission. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

18. 101293 [Appointment, Commission on the Aging Advisory Council - Catherine Rose
 Russo]
 Motion appointing Catherine Rose Russo, term ending March 31, 2012, to the
 Commission on the Aging Advisory Council. (Clerk of the Board)

 Question: Shall this Motion be APPROVED?

 Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
 indicated:______________________________________________

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

 Recommendation of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

19. 101096 [Health Code - Setting Nutritional Standards for Restaurant Food Sold
 Accompanied by Toys or Other Youth Focused Incentive Items]
 Sponsors: Mar; Campos, Chiu and Avalos
 Ordinance amending Article 8 of the San Francisco Health Code by adding Sections
 471.1 through 471.8, to set nutritional standards for restaurant food sold accompanied by
 toys or other youth focused incentive items.
 10/19/2010; CONTINUED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 NEW BUSINESS

 Recommendations of the Budget and Finance Committee
 Present: Supervisors Avalos, Mirkarimi, Elsbernd

20. 101248 [Appropriating $85,000,000 of General Obligation Bonds for the Department of
 Public Works and the Public Utilities Commission for FY2010-2011]
 Sponsors: Mayor; Chiu
 Ordinance appropriating $85,000,000 of the 2010 Series 1 Earthquake Safety and
 Emergency Response General Obligation Bond proceeds including $76,603,071 to the
 Department of Public Works, and $8,396,929 to the Public Utilities Commission for
 necessary repairs and seismic improvements in order to better prepare San Francisco
 for a major earthquake or natural disaster for FY2010-2011, and placing these funds on
 Controller’s Reserve pending the sale of the bonds.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 Present: Supervisors Avalos, Mirkarimi

21. 101268 [Waiver of Street Encroachment Inspection Fee for Golden Gate
 Transportation District]
 Sponsor: Elsbernd
 Ordinance waiving the Street Encroachment Permit Inspection Fee established through
 Public Works Code Section 2.1.1 for signs related to bus service for the Golden Gate
 Bridge, Highway, and Transportation District.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

22. 101269 [Accept and Expend Grant - Probation Specialized Supervision Program and
 Amendment to the Annual Salary Ordinance for FY2010-2011 - $300,000]
 Sponsor: Maxwell
 Ordinance authorizing the Department of Adult Probation to retroactively accept and
 expend a grant in the amount of $300,000 from the California Emergency Management
 Agency for Probation Specialized Supervision Program federally funded through the
 Violence Against Women Act and amend Ordinance No. 191-10 (Annual Salary
 Ordinance, FY2010-2011) to reflect the addition of three (3) grant-funded positions (.75
 FTE) in Class 8444 Deputy Probation Officer, (.50 FTE) in Class 9920 Public Service
 Aide/Probation Aide, and (.50 FTE) in Class 9920 Public Service Aide/Probation Aide at
 the Department of Adult Probation.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

23. 101270 [Accept and Expend Grant - San Francisco Reentry Courts and Amendment to
 the Annual Salary Ordinance for FY2010-2011 - $500,000]
 Sponsor: Mirkarimi
 Ordinance authorizing the Adult Probation Department to retroactively accept and
 expend a grant in the amount of $500,000 from the Office of Justice Programs for
 funding under the Second Chance Act State, Local and Tribal Reentry Courts, and
 amend Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the
 addition of (4) four grant funded positions; (.20 FTE) in Class 8138 Court Reporter at the
 Adult Probation Department, (.20 FTE) in Class 8113 Court Clerk at the Adult Probation
 Department, (.40 FTE) in Class 8177 Attorney at the Office of the Public Defender (PDR)
 and (.75 FTE) in Class 2912 Sr. Social Worker at the Department of Public Health.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

24. 101228 [Contract Modification - Hamilton Family Center - $180,000]
 Resolution concurring with the Human Services Agency's Declaration of Emergency to
 modify the contract between the City and County of San Francisco and Hamilton Family
 Center to provide emergency elevator repairs for the family shelter in the amount of
 $180,000. (Human Services Department)

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 Present: Supervisors Avalos, Mirkarimi, Elsbernd

25. 101255 [Issuance of General Obligation Bonds (Earthquake Safety and Emergency
 Response Bonds, 2010) - Not to Exceed $412,300,000]
 Sponsors: Mayor; Chiu
 Resolution providing for the issuance of not to exceed $412,300,000 aggregate principal
 amount of City and County of San Francisco General Obligation Bonds (Earthquake
 Safety and Emergency Response Bonds, 2010); authorizing the execution,
 authentication, and registration of said bonds; providing for the levy of a tax to pay the
 principal and interest thereof; providing for the appointment of depositories and other
 agents for said bonds; providing for the establishment of accounts related thereto;
 ratifying certain actions previously taken; adopting certain CEQA findings and
 determinations; and granting general authority to City officials to take necessary actions
 in connection with the authorization, issuance, sale and delivery of said bonds.

 Question: Shall this Resolution be ADOPTED?

26. 101256 [Sale of General Obligation Bonds (Earthquake Safety and Emergency
 Response Bonds, 2010) - Not to Exceed $85,000,000]
 Sponsors: Mayor; Chiu
 Resolution authorizing and directing the sale of not to exceed $85,000,000 aggregate
 principal amount of City and County of San Francisco General Obligation Bonds
 (Earthquake Safety and Emergency Response Bonds, 2010), Series 2010E
 (Tax-Exempt), and City and County of San Francisco General Obligation Bonds
 (Earthquake Safety and Emergency Response Bonds, 2010), Series 2010F (Federally
 Taxable Build America Bonds); prescribing the form and terms of said bonds; authorizing
 the execution, authentication, and registration of said bonds; providing for the
 appointment of depositories and other agents for said bonds; providing for the
 establishment of accounts related thereto; providing for the manner of sale of said bonds
 by competitive sale; approving the forms of official notice of sale and notice of intention
 to sell bonds; directing the publication of the notice of intention to sell bonds; approving
 the form of the preliminary official statement and the form and execution of the official
 statement relating to the sale of said bonds; approving the form of the continuing
 disclosure certificate; approving modifications to documents; ratifying certain actions
 previously taken; adopting certain CEQA findings and determinations; and granting
 general authority to City officials to take necessary actions in connection with the
 authorization, issuance, sale, and delivery of said bonds.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

27. 101316 [Board Review and Approval of 2010 United States Department of Housing
 and Urban Development Continuum of Care Programs Application]
 Sponsor: Mayor
 Resolution approving the City and County of San Francisco 2010 Grant Application for
 the United States Department of Housing and Urban Development Continuum of Care
 Programs and fulfilling the San Francisco Board of Supervisors' review and approval
 process for all annual or otherwise recurring grants of $5,000,000 or more.

 Question: Shall this Resolution be ADOPTED?

28. 101318 [Resolution of Intention to Form the Civic Center Community Benefit District]
 Sponsor: Mayor
 Resolution (1) declaring the intention of the Board of Supervisors to establish a
 property-based business improvement district (community benefit district) to be known as
 the “Civic Center Community Benefit District” and levy a multi-year assessment on
 identified parcels in the district; (2) approving the management district plan and
 engineer's report and proposed boundaries map for the district; (3) ordering and setting a
 time and place for a public hearing thereon; (4) approving the form of the Notice of Public
 Hearing and Assessment Ballots; (5) directing environmental findings; and (6) directing
 the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as
 required by law.

 Question: Shall this Resolution be ADOPTED?

 Recommendation of the City Operations and Neighborhood Services Committee
 Present: Supervisors Chu, Avalos, Dufty

29. 101009 [Environment Code - Healthy Air and Clean Transportation Program]
 Sponsors: Mayor; Dufty
 Ordinance (1) amending the San Francisco Environment Code by repealing current
 Sections 400 through 409, and adopting new Sections 400 through 424; (2) amending
 the San Francisco Environment Code by amending current Sections 410, 411, and 421
 and re-numbering them as Sections 425, 426, and 427 respectively; and (3) amending
 the San Francisco Administrative Code by amending Section 4.10-1, all to establish and
 implement a new Healthy Air and Clean Transportation Program, providing for the
 gradual conversion of the City's vehicle fleet to clean air vehicles and the gradual
 reduction of the overall number of passenger vehicles and light duty trucks in the City's
 vehicle fleet by 20 percent; and making environmental findings.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 Recommendations of the Land Use and Economic Development Committee
 Present: Supervisors Maxwell, Mar, Chiu

30. 100046 [Planning Code, Administrative Code - Amending Inclusionary Housing
 Ordinance]
 Sponsors: Mayor; Chiu
 Ordinance amending the Planning Code and Administrative Code by amending the
 Inclusionary Affordable Housing Program, Planning Code Section 415 et seq. (formerly
 Code Section 315, et seq.) (Program) and to require all project applicants to pay the
 Affordable Housing Fee unless they are eligible for an alternative; making other
 amendments to the Program including expanding the uses of the Citywide Affordable
 Housing Fund, deleting provisions relating to certain requirements for off-site units, and
 deleting provisions requiring a refund of fees after issuance of certificate of occupancy;
 amending Sections 416 and 417 to make conforming amendments to the Inclusionary
 Affordable Housing Program; amending Section 827 to delete the requirement that 50%
 of on- or off-site affordable housing units provided under Section 415 et seq. in the
 Rincon Hill Area Plan be provided as rental; amending the Administrative Code by
 amending Chapter 56 related to Development Agreements to create certain exceptions
 from its requirements for rental housing developments with on-site inclusionary units; and
 making findings including findings under the California Environmental Quality Act.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

31. 100829 [Planning Code - Car-Share Controls]
 Sponsors: Chiu; Mar and Maxwell
 Ordinance amending the San Francisco Planning Code, including Section 151.1 to
 enable the Planning Commission to require the provision of annual memberships to
 certified car-share organizations to residents of certain new development projects when
 certain findings are made; Section 163 to promote car-share services as a component of
 transportation management programs and transportation brokerage services; and
 Section 166 to permit car-share spaces in the same manner as residential accessory
 parking and require that car-sharing requirements for non-residential uses apply to all
 zoning districts; adopting findings, including findings under Section 302 of the Planning
 Code, environmental findings and findings of consistency with the General Plan and the
 Priority Policies of Planning Code Section 101.1. (Planning Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

32. 101216 [Mission Bay South - Fourth Street, Channel Street, and Third Street Public
 Infrastructure Improvements]
 Ordinance accepting the irrevocable offers of property along portions of Channel Street
 and Third Street and the irrevocable offers of improvements of public infrastructure
 improvements, including acquisition facilities on Channel Street, Fourth Street, and Third
 Street; dedicating such improvements for public use; declaring such areas as shown on
 Department of Public Works maps as open public right-of-way; designating such areas
 and improvements for street and roadway purposes; establishing street grades and
 sidewalk widths; accepting said facilities for City maintenance and liability purposes,
 subject to specified limitations; adopting environmental findings and findings that such
 actions are consistent with the City’s General Plan, eight priority policy findings of City’s
 Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan;
 accepting Department of Public Works Order No. 178,869; and authorizing official acts in
 connection with this Ordinance. (Public Works Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?
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33. 101217 [Mission Bay South - Blocks 10-10A Public Infrastructure Improvements]
 Ordinance accepting the irrevocable offer of public infrastructure improvements
 associated with Mission Bay South Blocks 10-10A including acquisition facilities on
 China Basin Street, Terry A. Francois Boulevard and Mission Bay Boulevard North;
 declaring City property as shown on official Department of Public Works maps as open
 public right-of-way; dedicating such improvements for public use and designating such
 areas and improvements for street and roadway purposes; establishing street grades
 and sidewalk widths; accepting said facilities for City maintenance and liability purposes,
 subject to specified limitations; adopting environmental findings and findings that such
 actions are consistent with the City’s General Plan, eight priority policy findings of City’s
 Planning Code Section 101.1, and the Mission Bay South Redevelopment Plan;
 accepting Department of Public Works Order No. 178,870; and authorizing official acts in
 connection with this Ordinance. (Public Works Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

34. 101218 [Mission Bay South - Storm Water Pump Station No. 6 Public Infrastructure
 Improvements]
 Ordinance accepting the irrevocable offer of public infrastructure improvements
 associated with Mission Bay Storm Water Pump Station No. 6 including acquisition
 facilities located on and under Bayfront Park along Terry A. Francois Boulevard;
 accepting said facilities for City maintenance and liability purposes; adopting
 environmental findings and findings that such actions are consistent with the City’s
 General Plan, eight priority policy findings of City’s Planning Code Section 101.1, and the
 Mission Bay South Redevelopment Plan; accepting Department of Public Works Order
 No. 178,871; and authorizing official acts in connection with this Ordinance. (Public
 Works Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 Recommendations of the Rules Committee
 Present: Supervisors Campos, Alioto-Pier, Mar

35. 101246 [Administrative Code - Medical Cannabis Task Force Membership, Powers,
 and Duties]
 Sponsor: Campos
 Ordinance amending San Francisco Administrative Code by amending Sections 5.2-3
 and 5.2-5 to: (1) increase the number of members of the San Francisco Medical
 Cannabis Task Force (Task Force) from 13 to 15; (2) establish qualifications for the two
 members added to the Task Force; and (3) expand powers and duties of the Task Force
 to include developing and making recommendations to the Board of Supervisors about
 local regulation of medical cannabis in the event that State Proposition 19 is approved by
 the voters in the election held on November 2, 2010.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

36. 100907 [Appointments, San Francisco Relocation Appeals Board - Steven Jin Lee and
 Natividad M. Ramirez]
 Sponsor: Mayor
 Motion confirming the appointments of Steven Jin Lee and Natividad M. Ramirez to the
 San Francisco Relocation Appeals Board, terms ending January 2, 2012.

 Question: Shall this Motion be APPROVED?
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37. 101234 [Confirming Reappointment, San Francisco Redevelopment Agency - Leroy
 King]
 Sponsor: Mayor
 Motion confirming the reappointment of Leroy King to the San Francisco Redevelopment
 Agency for a four-year term ending September 3, 2014.

 Question: Shall this Motion be APPROVED?

 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations

 ROLL CALL FOR INTRODUCTIONS
 Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of
 inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities.

 PUBLIC COMMENT
 An opportunity for members of the public to directly address the Board on items of interest to the public
 that are within the subject matter jurisdiction of the Board, including items being considered today which
 have not been considered by a Board committee and excluding items which have been considered by a
 Board committee. Members of the public may address the Board for up to three minutes. Each member
 of the public will be allotted the same number of minutes to speak, except that public speakers using
 translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If
 simultaneous translation services are used, speakers will be governed by the public testimony time limit
 applied to speakers not requesting translation assistance. The President or the Board may limit the total
 testimony to 30 minutes.

 Members of the public who want a document placed on the overhead for display should clearly state such
 and subsequently remove the document when they want the screen to return to live coverage of the
 meeting.

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 FOR ADOPTION WITHOUT COMMITTEE REFERENCE
 These measures were introduced for adoption without committee reference. A unanimous vote is
 required for adoption of these resolutions today. Any Supervisor may require any resolution to go
 to committee.

 Items 38 through 40

38. 101367 [Accept and Expend Gift - Gene Friend Recreation Center - $100,000]
 Sponsor: Daly
 Resolution authorizing the Recreation and Park Department to accept and expend a gift
 of $100,000 from the San Francisco Parks Trust, on behalf of the Friend Family
 Foundation, for the renovation of the Gene Friend Recreation Center. (Recreation and
 Park Department)
 10/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

39. 101368 [Accept and Expend Gift - Music Concourse Trees - $30,000]
 Sponsor: Mar
 Resolution authorizing the Recreation and Park Department to accept and expend a gift
 of $30,000 from the San Francisco Parks Trust on behalf of Chase Freedom for the
 purchase, planting, and care of approximately 40 London Plane trees in Golden Gate
 Park's Music Concourse. (Recreation and Park Department)
 10/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

40. 101353 [Committee of the Whole - Public Hearing to Establish the Ocean Avenue
 Community Benefits District]
 Sponsor: Avalos
 Motion directing the Board of Supervisors to hold a public hearing on November 16,
 2010, with the Board sitting as a Committee of the Whole, to consider adopting a
 Resolution to Establish the Ocean Avenue Community Benefits District.
 10/26/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

41. IMPERATIVE AGENDA
 Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
 Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board
 must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act
 Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is
 required for the resolution(s).

 [Serious Injury Finding]
 Motion that the Board find that for the resolution(s) being considered at this time "the need to take
 action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
 meeting."

 [Purely Commendatory Finding]
 Motion that the Board find that the resolution(s) being considered at this time are purely
 commendatory.

 [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.

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED ORDINANCES

 101303 [Settlement of Lawsuit - Viz Media, LLC - $219,000]
 Ordinance authorizing settlement of the lawsuit filed by Viz Media, LLC, against the City
 and County of San Francisco for $219,000; the lawsuit was filed on August 10, 2010, in
 San Francisco Superior Court, Case No. CGC-10-502460; entitled Viz Media, LLC v. City
 and County of San Francisco, et al. (City Attorney)
 10/18/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 101340 [Settlement of Lawsuit - Regal Stone, Ltd. - City to Receive $3,717,096.52]
 Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco
 against Regal Stone, Ltd, et al. for the sum of $3,717,096.52, including previous initial
 payment of $2,000,000; the lawsuit was filed on December 10, 2007, in San Francisco
 Superior Court, Case No. CGC-07-469876 (transferred to Monterey County Superior
 Court, Case No. M98173); entitled City and County of San Francisco, et al., v. Regal
 Stone, Ltd., et al. (City Attorney)
 10/21/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 101341 [Settlement of Lawsuit - Toni Battle - $150,000]
 Ordinance authorizing settlement of the lawsuit filed by Toni Battle against the City and
 County of San Francisco for $150,000; 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)
 10/21/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 PROPOSED RESOLUTIONS

 101346 [Airport Concession Leases]
 Resolution approving Amendment No. 1 to Domestic Terminals Food and Beverage
 Lease No. 03-0178 with Lori’s Diner International; No. 03-0179 with Andale Airports; No.
 03-0181 with Meyers Holdings, LLC; and No. 03-0188 with H. Young Enterprises, and
 the City and County of San Francisco, by and through its Airport Commission. (Airport
 Commission)
 10/22/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 101345 [Petitions and Communications]
 Petitions and Communications received from October 19, 2010, through October 25,
 2010, for reference by the President to Committee considering related matters, or to be
 ordered filed by the Clerk on November 2, 2010.

 From concerned citizens, submitting letters of support for Tim Benetti as Entertainment
 Commissioner. 2 letters (1)

 From Department of the Environment, submitting findings on the Urban Forestry
 Council’s review of a Landmark Tree Nomination. (2)

 From concerned citizens, submitting letters of support for petitions for City parcels to
 form the proposed Civic Center Community Benefit District. File No. 101201, 3 letters (3)

 From concerned citizens, submitting letters in opposition of City parcels to form the
 proposed the Community Benefit District proposal. File No. 101201, Copy: Mayor and
 Ethics Commission, 3 letters (4)

 From Office of the Sheriff, submitting the Annual Report of Inmate Welfare Fund
 expenditures for the Fiscal Year ending June 30, 2010. (5)

 From concerned citizens, submitting letters of support for Shell Thomas as
 Entertainment Commissioner. 4 letters (6)

 From Edna Hill Middle School, Seventh Grade, submitting letters as part of a persuasive
 writing assignment on the potential banning of toys from McDonald's Happy Meal. File
 No. 101096, 64 letters (7)

 From San Francisco International Airport, submitting a waiver request to the Human
 Rights Commission. (8)

 From Department of Public Works, submitting a report on the Micro-LBE Set-Aside
 Program for contracts of the Department of Public Works. Copy: Human Rights
 Commission. (9)

 From Ivan Pratt, submitting a letter on the general legalization of California's marijuana
 laws for leisurely usage. (10)

 From Aaron Goodman, submitting a memo on Parkmerced and Fortress Investments.
 (11)

 From concern citizens, submitting letters in support of Safe Drug Disposal. File No.
 100455, 3 letters (12)

 From Controller's Office, submitting the First Quarter General Fund Budget Status
 Report for FY2010-2011. (13)

 From Robert Morales, Secretary - Treasurer, Sanitary Truck Drivers and Helpers, Local
 No. 350, submitting a reply declining the request by Recology San Francisco, that Local
 350 withdraw its letter to the Board of Supervisors regarding the City's proposed Landfill
 and Facilitation Agreement with Recology San Francisco. File No. 101225, Copy: Board
 of Supervisors. (14)

 From Office of Civic Engagement and Immigrant Affairs, submitting information on the
 City's participation rate in the 2010 Census. (15)

 From Francisco Da Costa, submitting an article, The Old Schlage Lock Company and
 Dubious Activities. (16)
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Board of Supervisors Meeting Agenda Tuesday, November 2, 2010

 From Office of the District Attorney, submitting the Annual Real Estate Fraud Report for
 FY2009-2010. (17)

 From Department of the Environment, submitting a survey that shows green cleaning
 product prices are equivalent to conventional products. (18)

 From James Corrigan, submitting a statement concerning the pensions of Police and
 Fire. (19)

 From Lee Goodin, submitting a letter of opposition regarding marking the North Beach
 Library a landmark. (20)

 From Kimo Crossman, submitting an article about plans to require online posting of data.
 File No. 101155 (21)

 From Department of the Environment, submitting a Regulation of cell phone retailers
 duty to post specific absorption rate information. (22)

 ADJOURNMENT

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