# Board of Supervisors Agenda: November 9, 2010

- Meeting date: 2010-11-09
- Document type: agenda
- Source format: PDF
- Extracted pages: 21
- [Canonical HTML transcript](https://sfbos.info/documents/2034/2010-11-09-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG110910.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/2034/2010-11-09-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 9, 2010 - 2:00 PM
 Regular Meeting

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

 Angela Calvillo, Clerk of the Board
 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 9, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the October 5, 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 13

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

1. 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.
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 Present: Supervisors Avalos, Mirkarimi

2. 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.
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

3. 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.
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 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.
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

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

5. 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)
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

6. 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)
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

7. 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)
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

8. 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)
 11/02/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

 Recommendations of the Public Safety Committee
 Present: Supervisors Chiu, Mirkarimi, Elsbernd

9. 101317 [Accept and Expend Grant - San Francisco Re-entry Center Program -
 $750,000]
 Sponsor: Chiu
 Resolution authorizing the Department of the District Attorney of the City and County of
 San Francisco to retroactively accept and expend a grant in the amount of $750,000
 through the United States Department of Justice, Bureau of Justice Assistance, for a
 program entitled “San Francisco Re-entry Center” for the grant period of October 1,
 2010, through March 31, 2012.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

10. 101363 [Accept and Expend Grant - No Violence Alliance One Family Reentry
 Initiative - $300,000]
 Sponsor: Mayor
 Resolution authorizing the Sheriff’s Department to retroactively apply for, accept, and
 expend $300,000 in funds from the Bureau of Justice Assistance, through the Second
 Chance Act Prisoner Reentry Initiative; the No Violence Alliance One Family Reentry
 Initiative will provide a comprehensive, family-focused continuum from in-custody to
 post-release for sentenced probationers incarcerated in the San Francisco County Jail
 with a history of substance abuse and minor children.

 Question: Shall this Resolution be ADOPTED?

11. 101364 [Accept and Expend Grant - FY2010 Forensic DNA Backlog Reduction
 Program - $320,274]
 Sponsors: Mayor; Alioto-Pier
 Resolution authorizing the San Francisco Police Department to retroactively accept and
 expend a grant totaling $320,274 from the U.S. Department of Justice/ National Institute
 of Justice for the FY2010 Forensic DNA Backlog Reduction Program.

 Question: Shall this Resolution be ADOPTED?

12. 101365 [Accept and Expend Grant - The Keystone Project - $599,298]
 Sponsor: Mayor
 Resolution authorizing the Sheriff’s Department to retroactively apply for, accept, and
 expend $599,298 in funds from the Bureau of Justice Assistance, through the Second
 Chance Act Prisoner Reentry Initiative; the Keystone Project will strive to increase public
 safety and reduce recidivism among offenders with co-occurring disorders in the City and
 County of San Francisco, and waiving any indirect costs.

 Question: Shall this Resolution be ADOPTED?

13. 101366 [Accept and Expend Grant - FY2010 Technology Program Gunshot Location
 System - $750,000]
 Sponsor: Mayor
 Resolution authorizing the San Francisco Police Department to retroactively accept and
 expend a $750,000 grant from the U.S. Department of Justice/Office of Community
 Oriented Policing FY2010 Technology Program for a Gunshot Location System.

 Question: Shall this Resolution be ADOPTED?

 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 9, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

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

14. 101009 [Environment Code - Healthy Air and Clean Transportation Program]
 Sponsors: Mayor; Dufty, Mar and Campos
 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.
 11/02/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.

 11/02/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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

15. 101157 [Administrative Code - Updating Provisions Consistent with State and Local
 Law and Related Clean-Up Provisions on Employee Relations]
 Sponsor: Mayor
 Ordinance amending Section 16.200 through Section 16.222 of the San Francisco
 Administrative Code regarding Employee Relations to update provisions consistent with
 state and local law and related clean-up provisions.
 10/26/2010; CONTINUED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

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

16. 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 471.9, to set nutritional standards for restaurant food sold accompanied by
 toys or other youth focused incentive items.
 10/19/2010; CONTINUED ON FIRST READING.

 11/02/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 11/02/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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

17. 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.
 11/02/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 NEW BUSINESS

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

18. 101099 [Business and Tax Regulations Code - Common Administrative Provisions;
 Parking Tax; Business Registration]
 Sponsors: Mirkarimi; Dufty
 Ordinance amending the San Francisco Business and Tax Regulations Code by: (1)
 amending Article 6 (Common Administrative Provisions) to revise provisions relating to:
 certificates of authority to collect third-party taxes; prepayment and remittance
 requirements for hotel and parking operators; enforcement procedures and penalties;
 and to otherwise clarify and update the provisions of Article 6; (2) amending Article 9
 (Tax on Occupancy of Parking Space in Parking Stations), Article 10 (Utility Users Tax),
 and Article 12 (Business Registration), to lengthen the time period that service suppliers
 must preserve records from 4 years to 5 years and to extend the payment date of the
 registration certificate; and (3) repealing Sections 608 through 608.8 of Article 9 (Tax on
 Occupancy of Parking Space in Parking Stations); and (4) amending the San Francisco
 Administrative Code by amending Article XIII (Funds), Chapter 10 (Finance, Taxation,
 and Other Fiscal Matters), to correct references to the California Government Code.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

19. 101100 [Business and Tax Regulations Code - Adding to the Definition of "Control",
 Revising the Enforcement Authority, and Making Other Nonsubstantive
 Changes]
 Sponsors: Mirkarimi; Dufty
 Ordinance amending Article 22 of the Business and Tax Regulations Code by amending
 Sections 2201 through 2210, 2215, 2216, 2218, 2220, 2225, 2226, 2229, 2230, 2232,
 and 2233 and repealing Sections 2217, 2223, 2224, and 2237, to establish a
 presumption that certain operators, signatories and owners control the business affairs of
 the parking station, revise the Enforcing Agency's authority to permit the use of all
 authority granted by law and by Article 6 of this Code, and make other nonsubstantive
 changes.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 101356 [Assessment Ballots for City-Owned Parcels for Proposed Ocean Avenue
 Community Benefits District]
 Sponsor: Avalos
 Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf
 of the City and County of San Francisco as the owner of two parcels and part of a third
 parcel of real property over which the Board of Supervisors has jurisdiction, where those
 two parcels and the partial parcel would be subject to assessment in the proposed
 property and business improvement district to be named the Ocean Avenue Community
 Benefits District.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

21. 101302 [Harry Tracy Water Treatment Plant Improvements Project Findings]
 Resolution adopting findings under the California Environmental Quality Act (CEQA),
 including the adoption of a mitigation monitoring and reporting program and a statement
 of overriding considerations related to the Harry Tracy Water Treatment Plant Long-Term
 Improvements Project No. CUW36701, part of the Water System Improvement Program,
 for the improvements to the regional water supply system and directing the Clerk of the
 Board of Supervisors to notify the Controller of this action. (Public Utilities Commission)

 Question: Shall this Resolution be ADOPTED?

22. 101357 [Settlement of Unlitigated Claims - Skyline Stables Corporation - $650,000]
 Sponsor: Avalos
 Resolution approving the settlement of the unlitigated claims by and between Skyline
 Stables Corporation (Skyline) and City and County of San Francisco, related to the lease
 between Skyline and the San Francisco Public Utilities Commission (SFPUC) of a portion
 of the SFPUC Harry Tracy Water Treatment Plant (HTWTP) site in San Mateo County,
 the SFPUC approval of the HTWTP Long Term Improvement Project to improve water
 service reliability and seismic stability of the HTWTP, the SFPUC termination of Skyline's
 lease and Skyline's vacation of the lease premises, and SFPUC's offer to acquire the
 leasehold interest, calling for SFPUC to pay $650,000 to Skyline, and including other
 material terms and conditions in a settlement and release agreement.

 Question: Shall this Resolution be ADOPTED?

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

23. 101155 [Administrative Code - Open Data Policy]
 Sponsor: Mayor
 Ordinance amending the San Francisco Administrative Code to add Section 22D to
 establish the City's Open Data policy and require City departments to make appropriate
 data available to the public.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 .

 Present: Supervisors Mar, Chu

24. 101025 [Directing the Budget and Legislative Analyst’s to Conduct Three Audits in
 FY2010-2011 and Setting Priorities]
 Sponsor: Mar
 Motion directing the Budget and Legislative Analyst to conduct three audits to evaluate
 (a) the City’s policies and revenues for advertising on private property; (b) the financial
 impact to the City of the fiscal provisions of the City’s Memoranda of Understanding with
 labor unions; and (c) the impact of hiring five new positions in the Assessor’s Office on
 the property assessment backlog and property tax revenue.

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

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

25. 100992 [General Plan - Portion of 222-2nd Street]
 Ordinance amending the General Plan of the City and County of San Francisco by
 amending Map 5 (Proposed Height and Bulk Districts) of the Downtown Area Plan to
 change the height and bulk classification of the west corner (within a rectangular area
 measuring 45 feet in length along the westernmost portion of the Howard Street frontage,
 to a depth of 82.5 feet) of the property located at 222-2nd Street (Assessor's Block No.
 3735, Lot No. 063) from 150-S to 350-S and adopting findings, including environmental
 findings and findings of consistency with the General Plan and the Priority Policies of
 Planning Code Section 101.1. (Planning Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

26. 100993 [Zoning Map - Portion of 222-2nd Street]
 Ordinance amending the Zoning Map of the City and County of San Francisco by
 amending Zoning Map 1HT to change the height and bulk district classification of the
 west corner (within a rectangular area measuring 45 feet in length along the westernmost
 portion of the Howard Street frontage, to a depth of 82.5 feet) of the property located at
 222-2nd Street (Assessor's Block No. 3735, Lot No. 063) from 150-S to 350-S and
 adopting findings, including environmental findings and findings of consistency with the
 General Plan and the Priority Policies of Planning Code Section 101.1. (Planning
 Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 .

 Present: Supervisors Maxwell, Mar, Chiu

27. 101229 [Planning Code - Landmark Designation of 1890 Chestnut Street (Marina
 Branch Library)]
 Ordinance designating 1890 Chestnut Street (Marina Branch Library), Lot No. 001 in
 Assessor's Block No. 0469, as a Landmark under Article 10 of the San Francisco
 Planning Code; and adopting General Plan, Planning Code Section 101.1 and
 environmental findings. (Planning Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 From the Land Use and Economic Development Committee With
 Recommendation "Do Not Pass"
 Present: Supervisors Maxwell, Mar, Chiu

28. 101230 [Planning Code - Landmark Designation of 2000 Mason Street (North Beach
 Branch Library)]
 Ordinance designating 2000 Mason Street (North Beach Branch Library), Lot No. 001 in
 Assessor's Block No. 0074, as a Landmark under Article 10 of the San Francisco
 Planning Code; and adopting General Plan, Planning Code Section 101.1 and
 environmental findings. (Planning Department)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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

 COMMITTEE REPORTS
 Reports from committees, if any, recommending emergency or urgent measures.

 The following items will be considered by the Rules Committee at a Regular Meeting on
 Thursday, November 4, 2010, at 10:00 a.m. The Chair intends to request the Committee
 to send the following items to the Board as a committee report on Tuesday, November 9,
 2010.

29. 101332 [Reappointment, Treasure Island Development Authority Board of Directors -
 Claudine Cheng]
 Motion approving the Mayor’s reappointment of Claudine Cheng to the Treasure Island
 Development Authority Board of Directors, for the term ending February 26, 2014. (Clerk
 of the Board)

 (Appointments of Directors who are officers of SF or officers of SF Redevelopment
 Agency are effective immediately unless rejected by two-thirds vote of Board (8 votes)
 within 30 days written notice (3.100 (17)). Appointments of Directors who are not City
 officers or officers of SF Redevelopment Agency are effective only upon approval by a
 majority of the BOS. Transmittal date - October 12, 2010.)

 Question: Shall this Motion be APPROVED?

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30. 101334 [Reappointment, Treasure Island Development Authority Board of Directors -
 John Elberling]
 Motion approving the Mayor’s reappointment of John Elberling to the Treasure Island
 Development Authority Board of Directors, for the term ending April 28, 2014. (Clerk of
 the Board)

 (Appointments of Directors who are officers of SF or officers of SF Redevelopment
 Agency are effective immediately unless rejected by two-thirds vote of Board (8 votes)
 within 30 days written notice (3.100 (17)). Appointments of Directors who are not City
 officers or officers of SF Redevelopment Agency are effective only upon approval by a
 majority of the BOS. Transmittal date - October 12, 2010.)

 Question: Shall this Motion be APPROVED?

31. 101336 [Appointment, Treasure Island Development Authority Board of Directors -
 Linda Richardson]
 Motion approving the Mayor’s appointment of Linda Richardson to the Treasure Island
 Development Authority Board of Directors, for the term ending April 28, 2014. (Clerk of
 the Board)

 (Appointments of Directors who are officers of SF or officers of SF Redevelopment
 Agency are effective immediately unless rejected by two-thirds vote of Board (8 votes)
 within 30 days written notice (3.100 (17)). Appointments of Directors who are not City
 officers or officers of SF Redevelopment Agency are effective only upon approval by a
 majority of the BOS. Transmittal date - October 12, 2010.)

 Question: Shall this Motion be APPROVED?

32. 101338 [Reappointment, Treasure Island Development Authority Board of Directors -
 Jean-Paul Samaha]
 Motion approving the Mayor’s reappointment of Jean-Paul Samaha to the Treasure
 Island Development Authority Board of Directors, for the term ending February 26, 2014.
 (Clerk of the Board)

 (Appointments of Directors who are officers of SF or officers of SF Redevelopment
 Agency are effective immediately unless rejected by two-thirds vote of Board (8 votes)
 within 30 days written notice (3.100 (17)). Appointments of Directors who are not City
 officers or officers of SF Redevelopment Agency are effective only upon approval by a
 majority of the BOS. Transmittal date - October 12, 2010.)

 Question: Shall this Motion be APPROVED?

33. 101379 [Appointment, Small Business Commission - Robert Paterson]
 Motion rejecting the Mayor’s appointment of Robert Paterson to the Small Business
 Commission, for the term ending January 6, 2014. (Clerk of the Board)

 (Charter Section 3.100 (17) provides that the Board of Supervisors has the authority to
 reject the appointment by two-thirds vote of the Board (eight votes) within 30 days
 following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to
 reject the appointment by two-thirds vote within the thirty day period shall result in the
 appointee continuing to serve as appointed. Transmittal date - October 14, 2010.)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 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.

 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 34 and 35

34. 101388 [Denouncing the Deportation of Shing Ma “Steve” Li and Urging Congress to
 Pass the DREAM Act]
 Sponsors: Mar; Chiu, Avalos, Campos and Mirkarimi
 Resolution denouncing the deportation of Shing Ma “Steve” Li, a DREAM Act student at
 City College of San Francisco, calling for Immigration and Customs Enforcement to grant
 him deferred action status, and urging Congress to pass the DREAM Act.
 11/02/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

35. 101376 [2011 Board of Supervisors Regular Meeting Schedule]
 Motion establishing the 2011 Board of Supervisors regular meeting schedule by
 canceling the Board meetings of January 18, February 22, May 31, July 5, October 11,
 and November 29; and by further canceling all Board and Committee meetings during
 the summer and winter breaks from August 10 through September 2, 2011, and
 December 14 through December 30, 2011. (Clerk of the Board)
 11/02/2010; 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:_________________________________________

36. 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
 Proposed ordinances received from October 26, 2010, through November 1, 2010, for
 reference by President to appropriate committee on November 9, 2010.

 101381 [Settlement of Lawsuit - Allison Ayer - $30,000]
 Ordinance authorizing settlement of the lawsuit filed by Allison Ayer against the City and
 County of San Francisco for $30,000; the lawsuit was filed on January 28, 2010, in San
 Francisco Superior Court, Case No. CGC-10-496373; entitled Allison Ayer v. City and
 County of San Francisco, et al. (City Attorney)
 10/27/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 101382 [Settlement of Lawsuit - Charles Haynes - $50,000]
 Ordinance authorizing settlement of the lawsuit filed by Charles Haynes against the City
 and County of San Francisco for $50,000; the lawsuit was filed on January 23, 2009, in
 the United States District Court, Northern District of California, Case No. C09-00174
 PJH; entitled Charles Haynes, et al. v. City and County of San Francisco, et al. (City
 Attorney)
 10/27/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 101383 [Settlement of Lawsuit - Guillermo Chavez - $30,000]
 Ordinance authorizing settlement of the lawsuit filed by Guillermo Chavez against the
 City and County of San Francisco for $30,000; the lawsuit was filed on October 2, 2009,
 in San Francisco Superior Court, Case No. 439-130; entitled Guillermo Chavez v. City
 and County of San Francisco, et al.; other material terms of said settlement are: 1)
 $10,000 to be paid to the San Francisco Tax Collector's Bureau of Delinquent Revenue
 to satisfy the medical lien for treatment in this case; 2) $11,555 to be allocated to
 attorney's fees and litigation costs; 3) the balance of $8,445 is to be paid to the Bureau of
 Delinquent Revenue to pay down money owed by plaintiff to the City for medical
 treatment unrelated to the injuries in the lawsuit. (City Attorney)
 10/27/2010; RECEIVED AND ASSIGNED to the Rules Committee.

 PROPOSED RESOLUTIONS
 Proposed resolutions received from October 26, 2010, through November 1, 2010, for
 reference by President to appropriate committee on November 9, 2010.

 101331 [Prevailing Wage Rates - Various Workers Performing Work Under City
 Contracts]
 Resolution fixing prevailing wage rates for: (1) workers performing work under City
 contracts for public work and improvement; (2) workers performing work under City
 contracts for janitorial services; (3) workers performing work in public off-street parking
 lots, garages, or storage facilities for automobiles on property owned or leased by the
 City; (4) workers engaged in theatrical or technical services for shows on property owned
 by the City; (5) workers performing moving services under City contracts at facilities
 owned or leased by the City; and (6) workers engaged in the hauling of solid waste
 generated by the City in the course of City operations, pursuant to a contract with the
 City. (City Attorney)
 10/28/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 101374 [Purchase Agreement - Subsurface Easements - Bay Division Pipeline
 Reliability Upgrade Project - Bay Tunnel - $650]
 Resolution approving and authorizing an Agreement for Purchase and Sale of Real
 Estate to obtain two permanent, exclusive, subsurface easements from Cargill,
 Incorporated, for the purpose of constructing the San Francisco Public Utilities
 Commission Water System Improvement Program-Funded Project CUW36801, Bay
 Division Pipeline Reliability Upgrade - Bay Tunnel for a purchase price of $650; adopting
 environmental findings under the California Environmental Quality Act (CEQA), CEQA
 Guidelines, and Administrative Code Chapter 31; adopting findings of consistency with
 City Planning Code Section 101.1; and authorizing the General Manager of SFPUC to
 execute documents, make certain modifications and take certain actions in furtherance
 of this resolution. (Real Estate Department)
 11/01/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 101375 [Construction Management Services Agreement - San Francisco General
 Hospital Rebuild Program - Not to Exceed $16,400,000]
 Resolution authorizing the Director of Public Works to execute an amendment to a
 professional construction management services agreement for the San Francisco
 General Hospital Rebuild Program from $8,000,000 to $16,400,000. (Public Works
 Department)
 11/01/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 101384 [Settlement of Unlitigated Claim - Motorist Insurance Group and Ellis Brooks
 Chevrolet - $48,969.70]
 Resolution approving the settlement of the unlitigated claim filed by Motorist Insurance
 Group and Ellis Brooks Chevrolet against the City and County of San Francisco for
 $48,969.70; claim was filed on May 4, 2010. (City Attorney)
 10/27/2010; RECEIVED AND ASSIGNED to the Rules Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010

 101391 [Petitions and Communications]
 Petitions and Communications received from October 26, 2010, through November 1,
 2010, for reference by the President to Committee considering related matters, or to be
 ordered filed by the Clerk on November 9, 2010.

 From State Department of Food and Agriculture, submitting notice that the State
 Department of Food and Agriculture is preparing a Programmatic Environmental Impact
 Report to evaluate the effects of implementing eradication and/or control strategies and
 methods for infestation of the European grapevine moth. Copy: Each Supervisor (1)

 From Redevelopment Agency, submitting report on certain sales subject to California
 Health and Safety Code Section 33433. Copy: Each Supervisor (2)

 From Department of Elections, submitting a memorandum detailing the Department’s
 handling and processing of ballots for the November 2, 2010, Consolidated General
 Election. Copy: Each Supervisor (3)

 From Department of Public Health, regarding the “Deemed Approved Uses” Program
 that addresses the role and responsibilities of businesses that sell alcohol in off-site
 venues in respect to community health and safety. Copy: Each Supervisor (4)

 From Department of Public Works, submitting their annual report for FY2009-2010. (5)

 From Alliance for Jobs and Sustainable Growth, regarding the Health Care Services
 Master Plan. File No. 101057, Copy: Each Supervisor, Land Use Committee (6)

 From Academy of Art University, submitting report titled “Economic and Cultural
 Contributions to San Francisco and the Bay Area”. (7)

 From Branch Library Improvement Program, submitting their “2000 Branch Library
 Improvement Bond Quarterly Report” for the Third Quarter of 2010 (July through
 September). (8)

 From Office of the Controller, submitting the Street and Sidewalk Maintenance Standards
 Annual Report for FY2009-2010. (9)

 From concerned citizens, submitting support for proposed legislation regarding
 establishing the City's Open Data policy and require City departments to make
 appropriate data available to the public. File No. 101155, 5 letters (10)

 From Office of Civic Engagement and Immigrant Affairs, submitting the Community
 Ambassadors Program Pilot Evaluation and Status Report. (11)

 From Office of Citizen Complaints, submitting their Quarterly Report for the Third Quarter
 of 2010. Copy: Each Supervisor (12)

 From Human Services Agency, submitting notice that the Human Services Commission
 has approved the Human Services Agency’s revised FY2010-2011 savings projections
 for the Human Services Care Fund. Copy: Each Supervisor (13)

 From Department of Public Works, regarding status of removing graffiti from newsstands
 at various locations in District 5. (Reference No. 20100921-005) (Reference No.
 20101005-001) (Reference No. 20101019-001) (14)

 From the Port, submitting the First Quarter Contracting Activity Report for FY2010-2011.
 Copy: Each Supervisor (15)

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Board of Supervisors Meeting Agenda Tuesday, November 9, 2010
 From Office of the Clerk of the Board, submitting the Ethics Commission amendments to
 the regulation which describes the exemption from the definition of “gifts." Copy: Each
 Supervisor (16)

 From Office of the Controller, regarding the Cigarette Litter Abatement Fee Adjustment.
 Copy: Each Supervisor (17)

 From concerned citizens, submitting support for proposed legislation regarding Safe
 Drug Disposal. File No. 100455, 6 letters (18)

 From concerned citizens, submitting support for the Historic Preservation Commission’s
 recommendation to designate the Marina and North Beach Branch libraries as San
 Francisco landmarks. File No. 101203, 7 letters (19)

 From Marine Firemen’s Union, submitting support for proposed legislation regarding the
 General Plan and Zoning Map amendments for a portion of 222-2nd Street. File Nos.
 100992 and 100993, Copy: Land Use Committee Members and Clerk (20)

 From Californians for Pesticide Reform, submitting support for proposed legislation
 regarding updating enforcement and compliance procedures for nuisance. File No.
 101062, Copy: Each Supervisor (21)

 From the Perry Communications Group, Inc., submitting copy of letter from Greenspirit
 Strategies, Ltd., opposing proposed legislation regarding the Safe Drug and Disposal
 Ordinance. (22)

 From Jim Kirwan, regarding anti smoking legislation in San Francisco. 2 letters (23)

 From Office of the Controller, submitting report concerning the contract between the San
 Francisco International Airport and SFO Shuttle Bus Company for shuttle bus service at
 the Airport, covering the period from January 1, 2007, through January 31, 2009. (24)

 From Nafiss Griffis, concerning the number of fast food merchants around the Music
 Concourse in Golden Gate Park. (25)

 From Jason Chadorchi, submitting support for the formation of a Civic Center
 Community Benefits District. File No. 101201 (26)

 From Ivan Pratt, concerning an amateur approach to studying the law of the United
 States. (27)

 From Arthur Evans, regarding Supervisor Avalos and Police Chief Gascon. (28)

 From Josh Neubert, submitting support for proposed legislation that establishes the
 City's Open Data Policy and requires City departments to make appropriate data
 available to the public. File No. 101155 (29)

 From Aaron Goodman, regarding the Parkmerced open-space site. (30)

 From James Corrigan, commenting that the Fire Department has ended its practice of
 double parking of employee's private vehicles on Powell Street in Chinatown. (31)

 From State Fish and Game Commission, submitting notice of proposed regulatory
 actions relative to Alameda Creek. (32)

 ADJOURNMENT
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