# Board of Supervisors Minutes: November 16, 2010 - Meeting date: 2010-11-16 - Document type: minutes - Source format: PDF - Extracted pages: 40 - [Canonical HTML transcript](https://sfbos.info/documents/2037/2010-11-16-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m111610.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101099: Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration - Pages: 3 - Sponsors: Mirkarimi; Dufty ### File 101100: Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes - Pages: 3 - Sponsors: Mirkarimi; Dufty ### File 101306: Purchase Agreement - Permanent Access Road Easement - Parcel Nos. 016-002-011 and 016-002-012 - Stanislaus County - $500 - Pages: 3-4 ### File 101307: Purchase Agreement - Permanent Access Road Easement - Parcel No. 016-002-048 - Stanislaus County - $2,500 - Pages: 4 ### File 101314: Accept and Expend Grant - Environmental Assessment Heat Wave and Air Quality Project - $106,526 - Pages: 4 - Sponsors: Chu ### File 101315: Accept and Expend Grant - 2010 County Coverage Expansion Planning Project - $225,000 - Pages: 4 - Sponsors: Dufty ### File 101360: Accept and Expend Grant - HIV Testing Disproportionately Affected Populations - $877,273 - Pages: 4-5 - Sponsors: Dufty ### File 101362: Accept and Expend Gift - Joseph Lee Recreation Center - $162,063 - Pages: 5 - Sponsors: Maxwell ### File 101155: Administrative Code - Open Data Policy - Pages: 5 - Sponsors: Mayor ### File 100992: General Plan - Portion of 222-2nd Street - Pages: 5 ### File 100993: Zoning Map - Portion of 222-2nd Street - Pages: 5-6 ### File 101229: Planning Code - Landmark Designation of 1890 Chestnut Street (Marina Branch Library) - Pages: 6 - Sponsors: Alioto-Pier ### File 101227: Street Artist Spaces - 17th Street at Castro and Market Streets - Pages: 6 ### File 101304: Crystal Springs Pipeline Number Two Replacement Project Findings - Pages: 6 ### File 101305: Lower Crystal Springs Dam Improvements Project Findings - Pages: 6 ### File 101288: Settlement of Lawsuit - Cheryl Austin - $268,452 - Pages: 6-7 ### File 101289: Settlement of Lawsuit - Nyree Monroe - Up to $31,000 - Pages: 7 ### File 101290: Settlement of Lawsuit - Edward Kriete - $575,000 - Pages: 7 ### File 101303: Settlement of Lawsuit - Viz Media, LLC - $219,000 - Pages: 7 ### File 101340: Settlement of Lawsuit - Regal Stone, Ltd. - City to Receive $3,717,096.52 - Pages: 7-8 - Vote 1: first-reading - Action: 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) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 100889: Adopting Findings Related to the Conditional Use Appeal on Property Located at 1268 Grant Street - Pages: 8 - Vote 1: approval, likely final - Action: 100889 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1268 Grant Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion No. 18160, approving Conditional Use Application 2010.0438C on property located at 1268 Grant Street. (Clerk of the Board) Motion No. M10-167 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101157: Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations - Pages: 8-9 - Sponsors: Mayor - Vote 1: first-reading - Action: 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. PASSED, ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101062: Health Code - Updating Enforcement and Compliance Procedures for Nuisance - Pages: 9 - Sponsors: Avalos; Campos - Vote 1: amendment - Action: 101062 [Health Code - Updating Enforcement and Compliance Procedures for Nuisance] Sponsors: Avalos; Campos Ordinance amending the San Francisco Health Code Articles 6 and 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 292.5, 596.5, 602.3, and 610 to: 1) add requirements for refuse collection and storage in multi-story residential facilities; 2) update nuisance definitions; 3) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 4) require owners of rental property to provide contact information to the Department; 5) add civil penalties; and 6) expand administrative penalties and procedures. (Supervisor Elsbernd dissented in Committee.) Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd - Vote 2: first-reading - Action: Ordinance amending San Francisco Health Code Article 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 596.5, and 610 to: 1) update nuisance definitions; 2) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 3) add civil penalties; and 4) expand administrative penalties and procedures. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101271: Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011 - Pages: 9-10 - Sponsors: Mayor - Vote 1: first-reading - Action: 101271 [Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $9,035,065 of Certificate of Participation Series 2011A Delivery Date Expenses to fund multiple Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability in the General Services Agency - Office of the City Administrator for FY2010-2011, and placing these funds on Controller’s reserve pending issuance of the Certificates of Participation. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 091106: Approval of a Historical Property Contract for 1818 California Street (Lilienthal-Orville Pratt House) - Pages: 10 - Sponsors: Alioto-Pier - Vote 1: continuance - Action: 091106 [Approval of a Historical Property Contract for 1818 California Street (Lilienthal-Orville Pratt House)] Sponsor: Alioto-Pier Resolution under Chapter 71 of the San Francisco Administrative Code, approving a historical property contract between Nakamura FLP, the owner of 1818 California Street (Lilienthal-Orville Pratt House), and the City and County of San Francisco; authorizing the Director of Planning and the Assessor to execute the historical property contract. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to November 23, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Absent: Daly ### File 101294: Professional Services Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $10,450,000 - Pages: 10 - Vote 1: amendment - Action: 101294 [Professional Services Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $10,450,000] Resolution approving the Professional Services Agreement, Airport Contract 8994 - to manage and staff the Curbside Management Program between FSP PPM Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $10,450,000, pursuant to San Francisco Charter Section 9.118(b). (Airport Commission) Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution be AMENDED on Page 2, Lines 16-17, by deleting ', with an anticipated total contract value not-to-exceed $26,000,000,'. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd - Vote 2: adoption, likely final - Action: Resolution No. 548-10 ADOPTED AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101301: Approval of Contract - AnsaldoBreda, Inc. - Repair of Damaged LRVs - Not to Exceed $32,854,622 - Pages: 10-11 - Vote 1: adoption, likely final - Action: 101301 [Approval of Contract - AnsaldoBreda, Inc. - Repair of Damaged LRVs - Not to Exceed $32,854,622] Resolution approving Contract No. CPT 626.02, repair of damaged light rail vehicles, between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and AnsaldoBreda, Inc., to rebuild up to seven damaged light rail vehicles, in an amount not to exceed $32,854,622, and for a term not to exceed six years, with expenditures limited to $13,000,000 pending certification of additional funding. (Municipal Transportation Agency) (Fiscal Impact.) Resolution No. 549-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101359: Annual Report - Greater Union Square Business Improvement District and Modifying Management District Plan - Pages: 11 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 101359 [Annual Report - Greater Union Square Business Improvement District and Modifying Management District Plan] Sponsor: Chiu Resolution regarding Greater Union Square Business Improvement District, receiving and approving the District's Annual Report for FY2009-2010 as submitted pursuant to Section 36650 of the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's Management Agreement with the City, which includes the District's proposed budget for FY2010-2011; modifying the Management District Plan in accordance with the Annual Report; and conforming the Management Agreement to changes in the Management District Plan. Resolution No. 550-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Absent: Elsbernd ### File 101351: Planning Code - Zoning - Temporary Uses and Mobile Food Facilities - Pages: 11 - Sponsors: Dufty - Vote 1: first-reading - Action: 101351 [Planning Code - Zoning - Temporary Uses and Mobile Food Facilities] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by adding Section 102.31 to define a Mobile Food Facility, amending Section 205 and adding Section 205.4 to establish a new category of temporary uses, and amending Sections 212, 790.91, 790.93 and 890.90 to clarify that Mobile Food Facilities need not be conducted within enclosed buildings; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101352: Various Codes - Mobile Food Facilities - Department of Public Works Permitting Authority - Pages: 11-12 - Sponsors: Dufty - Vote 1: amendment - Action: ties - Department of Public Works Permitting Authority] Sponsor: Dufty Ordinance amending the San Francisco Police Code and San Francisco Public Works Code by repealing Articles 17.2 (Regulations for Mobile Caterers; Permit and License Provisions) and 17.3 (Permit Regulations for Pushcart Peddlers), transferring the regulations to a new Article 5.8 of the Public Works Code commencing with Section 184.80, redefining Mobile Caterers and Pushcart Peddlers as Mobile Food Facilities; making other amendments to implement the transfer, including new fee and penalty provisions and new notice and hearing procedures; amending Sections 440 and 451 of the San Francisco Health Code and repealing Section 249, amending Section 249.1, and adding Section 249.23 to the San Francisco Business and Tax Regulations Code to update definitions and add annual fees and plan check fees for Mobile Food Facilities; and adopting environmental findings. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 10, Lines 2-3, by deleting 'License' and adding 'Registration Certficiate from the Office of the Treasurer and Tax Collector,'. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: amendment - Action: City and County of San Francisco Page 1011 Printed at 4:30 pm on 12/14/10 Board of Supervisors Meeting Minutes 11/16/2010 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 2, Lines 19-20, by adding 'or trailer that is transported by a motorized vehicle' after 'vehicle'; on Page 3, Lines 6-7, by adding 'that is transported by human power' after 'device'; on Page 11, Lines 12-13, by inserting the new line '4) The Department shall maintain a Mobile Food Facility page on its website detailing all issued and pending permits.'; and on Page 11, Lines 23-24, by adding 'and on the Mobile Food Facility page on the Department’s website.' after 'San Francisco'. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101079: Administrative Code - Water Efficient Irrigation - Pages: 12 - Sponsors: Mayor; Maxwell and Mar - Vote 1: first-reading - Action: 101079 [Administrative Code - Water Efficient Irrigation] Sponsors: Mayor; Maxwell and Mar Ordinance amending the San Francisco Administrative Code by repealing Chapter 63 in its entirety and adding a new Chapter 63, requiring the development and maintenance of landscape irrigation controls for specified new construction landscapes and landscape rehabilitation projects. PASSED ON FIRST READING by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Elsbernd ### File 100765: Support for the Preservation and Restoration of Sacred Heart Church - Pages: 12-13 - Sponsors: Mirkarimi - Vote 1: adoption, likely final - Action: 100765 [Support for the Preservation and Restoration of Sacred Heart Church] Sponsor: Mirkarimi Resolution pronouncing the support of the City of San Francisco for the preservation and restoration all historic features recently removed and sold from Sacred Heart Church, urging the Department of Building Inspection to investigate and publically report on violations of the Building and Planning Codes due to the removal of these historic features, and requesting the City Attorney to investigate, publically report on, and take legal action to remedy such violations of the Building and Planning Codes and all violations of other laws, including historic preservation laws. (Supervisor Maxwell dissented in committee.) Privilege of the floor was granted to Tara Sullivan (Planning Department) and Ed Sweeney (Department of Building Inspection) who responded to questions raised throughout the discussion regarding File No. 100765. Resolution No. 538-10 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell ### File 101220: Appointment, San Francisco Public Utilities Commission - Art Torres - Pages: 13 - Vote 1: approval, likely final - Action: 101220 [Appointment, San Francisco Public Utilities Commission - Art Torres] Motion confirming the Mayor’s appointment of Art Torres to the San Francisco Public Utilities Commission, Seat 2, for the term ending August 1, 2014. (Clerk of the Board) Motion No. M10-168 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101347: Confirming Appointments, Treasure Island Development Authority Board of Directors - Larry Del Carlo and Larry Mazzola, Jr. - Pages: 13-14 - Sponsors: Mayor - Vote 1: continuance - Action: 101347 [Confirming Appointments, Treasure Island Development Authority Board of Directors - Larry Del Carlo and Larry Mazzola, Jr.] Sponsor: Mayor Motion confirming the appointments of Larry Del Carlo to succeed John Rahaim; term ending February 26, 2013; and Larry Mazzola, Jr. to succeed Owen Stephens, term ending April 28, 2014, to the Treasure Island Development Authority Board of Directors. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to December 7, 2010. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Daly, Mirkarimi - Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell - Vote 2: approval, likely final - Action: Motion No. M10-169 APPROVED by the following vote: - Ayes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Avalos, Daly ### File 101354: Public Hearing - Resolution to Establish the Ocean Avenue Community Benefits District - Pages: 14 - Sponsors: Avalos - Vote 1: continuance - Action: 101354 [Public Hearing - Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Hearing of persons interested in or objecting to proposed Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. The President inquired as to whether any member of the public wished to address the Board relating to the proposed Resolution. Dahlisa Winburn; Female Speaker; Joanne Trackwatson; Dan Weaver; Al Harris; Howard Chung; Henry Cavain; spoke in support of the proposed Resolution. Diane Goodman; Nilka Rose; spoke in opposition to the proposed Resolution. There were no other speakers. The President continued the public hearing open to December 14, 2010. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED to December 14, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101355: Resolution to Establish the Ocean Avenue Community Benefits District - Pages: 14-15 - Sponsors: Avalos - Vote 1: continuance - Action: 101355 [Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED to December 14, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101041: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard - Pages: 15-16 ### File 101042: Affirming the Exemption Determination for 10 Bernal Heights Boulevard - Pages: 16 - Vote 1: approval, likely final - Action: 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M10-170 Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101043: Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard - Pages: 16 - Vote 1: tabling - Action: 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101044: Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project - Pages: 16-17 - Vote 1: tabling - Action: 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101045: Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 17 ### File 101046: Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 17-18 - Vote 1: tabling - Action: 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ### File 101047: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 18 - Vote 1: approval, likely final - Action: 101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M10-171 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ### File 101048: Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 18 - Vote 1: approval, likely final - Action: 101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Motion No. M10-172 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ### File 101405: Public Hearing - Take Public Input and Discuss the Process to Appoint a Successor Mayor - Pages: 18-19 - Sponsors: Avalos; Campos and Daly ### File 101406: Appointing a Successor Mayor - Pages: 19 - Sponsors: Avalos; Campos and Daly ### File 101057: Planning Code - Health Care Services Master Plan - Pages: 19 - Sponsors: Campos; Mar, Maxwell, Mirkarimi, Avalos, Chiu and Daly - Vote 1: amendment - Action: 10,000 gross square feet of floor area, or an expansion of any existing Medical Use by at least 5,000 gross square feet of floor area obtain a Consistency Determination from the Planning Commission or the Planning Department determining that the proposed use or expansion promotes the goals recommended in the Master Plan; providing fees for time and material costs incurred to prepare the Consistency Determination, and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1 and environmental findings. Supervisor Campos, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 12, Line 9, by inserting the following paragraph: 'Section 342.6(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.' . The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd ### File 101398: Accept and Expend Grant - Project ITRIP - $42,384 - Pages: 20 - Sponsors: Chu ### File 101399: Accept and Expend Grant - WritersCorps Program - $10,200 - Pages: 20 - Sponsors: Chu; Dufty ### File 101400: Accept and Expend Grant - Arts Commission’s Art Education Program - $15,000 - Pages: 20-21 - Sponsors: Chu ### File 101401: Supporting the Promotion and Deployment of Broadband Internet Access in California and San Francisco - Pages: 21 - Sponsors: Chiu ### File 101402: Declaring November 18, 2010, as Bay Area Young Positives Day - Pages: 21 - Sponsors: Dufty; Campos ### File 101403: Declaring December 9, 2010, as CHEER SF Day in San Francisco - Pages: 21-22 - Sponsors: Dufty; Campos - Vote 1: adoption, likely final - Action: 101403 [Declaring December 9, 2010, as CHEER SF Day in San Francisco] Sponsors: Dufty; Campos Resolution declaring December 9, 2010, as CHEER SF Day in San Francisco to commemorate the 30th Anniversary of the world’s first LGBT-identified cheerleading team that raises funds for local, national, and international service agencies. Resolution No. 556-10 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Campos, Mar ### File 101139: Process for Nominating and Selecting a Successor Mayor - Pages: 22-23 - Sponsors: Chiu - Vote 1: approval, likely final - Action: directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor to the Mayor. The President inquired as to whether any member of the public wished to address the Board on File Nos. 101139 and 101404. Male Speaker; Ace Washington; Male Speaker; John Rizzo; David Tornheim; Julian Davis; Angelica Cabande; Rachel Ebora; Joseph Smooke; Male Speaker; Brian Basinger; Male Speaker; Tommy Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Motion No. M10-173 APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ### File 101404: Committee of the Whole – Public Hearing to Take Public Input and Discuss the Process to Appoint a Successor Mayor - Pages: 23-24 - Sponsors: Avalos - Vote 1: amendment - Action: my Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Supervisor Avalos, seconded by Supervisor Chiu, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to 'Motion that the Board of Supervisors convene as a Committee of the Whole on November 16, 2010, to take public input and discuss the process by which the Board of Supervisors may exercise its exclusive jurisdiction under the Charter to appoint a successor Mayor for the City and County of San Francisco.' The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar - Vote 2: approval, likely final - Action: Motion No. M10-174 APPROVED AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ### File 101443: Accept and Expend Grant - Three Part-Time Q4 Police Officer III Positions - $424,107 - Pages: 24 - Sponsors: Alioto-Pier ### File 101444: Accept and Expend Grant - Chinatown Broadway Streetscape Improvement Design Plan - $250,000 - Pages: 24 - Sponsors: Chiu ### File 101445: Public Works Code - Banners on the Path of Gold - Pages: 24 - Sponsors: Dufty ### File 101446: Accept and Expend Grant - Central Corridor Growth Strategy and Design Plan - $250,000 - Pages: 24-25 - Sponsors: Mayor ### File 101458: Administrative Code - Extending Operation of Voting Systems Task Force - Pages: 25 - Sponsors: Campos ### File 100495: Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice - Pages: 25 - Sponsors: Alioto-Pier ### File 101310: Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks - Pages: 25-26 - Sponsors: Alioto-Pier ### File 101349: Administrative Code - DNA Testing in Sexual Assault Cases - Pages: 26 - Sponsors: Alioto-Pier; Chu ### File 101055: Environment Code - Checkout Bags; Checkout Bag Charge - Pages: 26 - Sponsors: Mirkarimi ### File 101390: Gift Acceptance - Equipment and Furnishings - $14,000 - Pages: 26 - Sponsors: Elsbernd ### File 101409: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 1 - Pages: 26-27 - Sponsors: Daly ### File 101412: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 2 - Pages: 27 - Sponsors: Daly ### File 101415: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 3 - Pages: 27 - Sponsors: Daly ### File 101418: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 4 - Pages: 27 - Sponsors: Daly ### File 101421: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 5 - Pages: 27-28 - Sponsors: Daly ### File 101424: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 7 - Pages: 28 - Sponsors: Daly ### File 101427: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 9 - Pages: 28 - Sponsors: Daly ### File 101430: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. C1 - Pages: 28 - Sponsors: Daly ### File 101433: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 60 Tehama Street - Pages: 28-29 - Sponsors: Daly ### File 101436: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 564 Howard Street - Pages: 29 - Sponsors: Daly ### File 101439: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 568 Howard Street - Pages: 29 - Sponsors: Daly ### File 101442: Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 13 Easement Interests Across and Through 85 Natoma Street - Pages: 29 - Sponsors: Daly ### File 101447: Accept and Expend Grant - Market and Octavia Historic Resource Preservation Project - $83,529 - Pages: 29-30 - Sponsors: Chiu ### File 101448: Installation of Public Art in the Hunters Point Shipyard Redevelopment Project Area - $80,000 - Pages: 30 - Sponsors: Maxwell ### File 101449: Rehabilitation of Building 813 in the Hunters Point Shipyard Redevelopment Project Area - $7,258,890 - Pages: 30 - Sponsors: Maxwell ### File 101450: Temporary Preservation Easement - Bayview Opera House - 4705 Third Street - Pages: 30 - Sponsors: Maxwell ### File 101451: Accept and Expend Grant - High Risk Program and Pest Exclusion/Nursery Inspection - $47,796 - Pages: 30 - Sponsors: Alioto-Pier ### File 101452: Accept and Expend Grant - Crucial Transitions in Young Opioid Users in Iran - $6,280 - Pages: 30-31 - Sponsors: Chu ### File 101259: 34th America's Cup Host City Agreement and Finding of Fiscal Feasibility - Pages: 31 - Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Chu, Dufty and Maxwell ### File 101407: Committee of the Whole - December 7, 2010 - Public Hearing to Acquire Various Real Properties by Eminent Domain for Transbay Transit Center Program - Pages: 31 - Sponsors: Daly ### File 101455: Committee of the Whole - Public Hearing to Create a Process for the Appointment of a Successor Mayor; Possibly Amending Rules of Order - Pages: 31 ### File 101457: Creating a Process for the Appointment of a Successor Mayor - Pages: 31-32 ### File 101465: Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor in the Event of a Vacancy in the Office of the Mayor - Pages: 32 - Sponsors: Daly ### File 101467: Appointment of a Successor Mayor - Pages: 32 - Sponsors: Daly ### File 101408: Public Hearing - Resolution Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 1 - Pages: 32 - Sponsors: Daly ### File 101411: Public Hearing - Resolution Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 2 - Pages: 32-33 - Sponsors: Daly ### File 101414: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 3 - Pages: 33 - Sponsors: Daly ### File 101417: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 4 - Pages: 33 ### File 101420: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 5 - Pages: 33 ### File 101423: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 7 - Pages: 33-34 ### File 101426: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 9 - Pages: 34 ### File 101429: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. C1 - Pages: 34 ### File 101432: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 60 Tehama Street - Pages: 34 ### File 101435: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 564 Howard Street - Pages: 34-35 ### File 101438: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 568 Howard Street - Pages: 35 - Sponsors: Daly ### File 101441: Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 13 Easement Interests Across and Through 85 Natoma Street - Pages: 35 - Sponsors: Daly ### File 101454: Mayor's Office and Controller - FY2010-2011and FY2011-2012 - Pages: 35 - Sponsors: Avalos ### File 101456: Public Hearing - Process for the Appointment of a Successor Mayor; Possibly Amending Rules of Order - Pages: 35 ### File 101466: Public Hearing - Appointment of a Successor Mayor - Pages: 35-36 - Sponsors: Daly ### File 100598: Real Property Lease - 238 Eddy Street - Pages: 36-40 ## Extracted text ### [Page 1](https://sfbos.info/documents/2037/2010-11-16-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, November 16, 2010 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT 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 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/Commissioner is Chair, Second-named Supervisor/Commissioner is Vice-Chair of the Committee. Volume 105 Number 38 ### [Page 2](https://sfbos.info/documents/2037/2010-11-16-minutes#page-2) Board of Supervisors Meeting Minutes 11/16/2010 Members Present: Michela Alioto-Pier, John Avalos, David Campos, David Chiu, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Eric Mar, Sophie Maxwell and Ross Mirkarimi ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:18 p.m. On the call of the roll, Supervisor Elsbernd was noted absent. There was a quorum. AGENDA CHANGES There were none. COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Mayor communicating the Mayor's Veto of legislation contained in File No. 101096, which proposes a prohibition on the inclusion of incentives, such as toys, in certain fast food meals generally marketed to children. Supervisor Mar, seconded by Supervisor Mirkarimi, moved to direct the Clerk of the Board to agendize this matter at the Regular Meeting of November 23, 2010. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board President, David Chiu, inquired if the Mayor would make an appearance before the Board of Supervisors. Starr Terrell, the Mayor's Liaison to the Board of Supervisors, indicated the Mayor would not be present. City and County of San Francisco Page 1002 Printed at 4:30 pm on 12/14/10 ### [Page 3](https://sfbos.info/documents/2037/2010-11-16-minutes#page-3) Board of Supervisors Meeting Minutes 11/16/2010 CONSENT AGENDA Recommendations of the Budget and Finance Committee 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; (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. Ordinance No. 291-10 FINALLY PASSED 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. Ordinance No. 292-10 FINALLY PASSED 101306 [Purchase Agreement - Permanent Access Road Easement - Parcel Nos. 016-002-011 and 016-002-012 - Stanislaus County - $500] Resolution approving and authorizing an agreement for the purchase of a permanent access road easement totaling 751 square feet over a portion of Assessor's Parcel Nos. 016-002-011 and 016-002-012 located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $500; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 539-10 ADOPTED City and County of San Francisco Page 1003 Printed at 4:30 pm on 12/14/10 ### [Page 4](https://sfbos.info/documents/2037/2010-11-16-minutes#page-4) Board of Supervisors Meeting Minutes 11/16/2010 101307 [Purchase Agreement - Permanent Access Road Easement - Parcel No. 016-002-048 - Stanislaus County - $2,500] Resolution approving and authorizing an agreement for the purchase of a permanent access road easement totaling 398 square feet over a portion of Assessor's Parcel No. 016-002-048 located in Stanislaus County, required for the San Joaquin Pipeline System Project No. CUW37301, for a purchase price of $2,500; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this resolution. (Real Estate Department) Resolution No. 540-10 ADOPTED Recommendations of the City Operations and Neighborhood Services Committee 101314 [Accept and Expend Grant - Environmental Assessment Heat Wave and Air Quality Project - $106,526] Sponsor: Chu Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant from the Centers for Disease Control and Prevention in the amount of $106,526 to fund the Environmental Health Assessment of Vulnerability to Heat Wave and Air Quality Project for the period September 1, 2010, through August 30, 2011. Resolution No. 541-10 ADOPTED 101315 [Accept and Expend Grant - 2010 County Coverage Expansion Planning Project - $225,000] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $225,000 from the Blue Shield of California Foundation to fund the 2010 County Coverage Expansion Planning Project for the period of September 1, 2010, through August 31, 2011. Resolution No. 542-10 ADOPTED 101360 [Accept and Expend Grant - HIV Testing Disproportionately Affected Populations - $877,273] Sponsor: Dufty Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $877,273 from the Centers for Disease Control to fund the project Expanded HIV Testing for Disproportionately Affected Populations for the period of September 30, 2010, through September 29, 2011, waiving indirect costs. Resolution No. 543-10 ADOPTED City and County of San Francisco Page 1004 Printed at 4:30 pm on 12/14/10 ### [Page 5](https://sfbos.info/documents/2037/2010-11-16-minutes#page-5) Board of Supervisors Meeting Minutes 11/16/2010 101362 [Accept and Expend Gift - Joseph Lee Recreation Center - $162,063] Sponsor: Maxwell Resolution authorizing the Recreation and Park Department to accept and expend a gift from the John and Lisa Pritzker Family Fund for $54,021 annually for FYs 2010-2011, 2011-2012, and 2012-2013, for a total of $162,063, for general operating support of Joseph Lee Recreation Center. Resolution No. 544-10 ADOPTED Recommendation of the Government Audit and Oversight Committee 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. Ordinance No. 293-10 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 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) Ordinance No. 288-10 FINALLY PASSED 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) Ordinance No. 289-10 FINALLY PASSED City and County of San Francisco Page 1005 Printed at 4:30 pm on 12/14/10 ### [Page 6](https://sfbos.info/documents/2037/2010-11-16-minutes#page-6) Board of Supervisors Meeting Minutes 11/16/2010 101229 [Planning Code - Landmark Designation of 1890 Chestnut Street (Marina Branch Library)] Sponsor: Alioto-Pier 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) Ordinance No. 294-10 FINALLY PASSED 101227 [Street Artist Spaces - 17th Street at Castro and Market Streets] Resolution approving continued designation of eight (8) former temporary selling spaces in “mini-plaza” on 17th Street at Castro and Market Streets for street artists certified by the Arts Commission, City and County of San Francisco; exempting said spaces from the regulation of Police Code Section 2405(c)(11) relating to distance between street artists. (Arts Commission) Resolution No. 545-10 ADOPTED 101304 [Crystal Springs Pipeline Number Two Replacement Project Findings] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Crystal Springs Pipeline Number 2 Replacement Project No. CUW37801, 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) Resolution No. 546-10 ADOPTED 101305 [Lower Crystal Springs Dam Improvements Project Findings] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the Lower Crystal Springs Dam Improvements Project No. CUW35401, including the Mitigation Habitat Actions at ten sites mostly in San Mateo County, and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Resolution No. 547-10 ADOPTED Recommendations of the Rules Committee 101288 [Settlement of Lawsuit - Cheryl Austin - $268,452] Ordinance authorizing settlement of the lawsuit filed by Cheryl Austin against the City and County of San Francisco for $268,452, inclusive of attorneys' fees and costs; the lawsuit was filed on March 25, 2010, in San Francisco Superior Court, Case No. CGC 10-498110; entitled Cheryl Austin v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 1006 Printed at 4:30 pm on 12/14/10 ### [Page 7](https://sfbos.info/documents/2037/2010-11-16-minutes#page-7) Board of Supervisors Meeting Minutes 11/16/2010 101289 [Settlement of Lawsuit - Nyree Monroe - Up to $31,000] Ordinance authorizing settlement of the lawsuit filed by Nyree Monroe against the City and County of San Francisco for up to $31,000; the lawsuit was filed on March 25, 2010, in San Francisco Superior Court, Case No. CGC 10-498109; entitled Nyree Monroe v. City and County of San Francisco; other material terms of said settlement are reinstatement. (City Attorney) PASSED, ON FIRST READING 101290 [Settlement of Lawsuit - Edward Kriete - $575,000] Ordinance authorizing settlement of the lawsuit filed by Edward Kriete against the City and County of San Francisco for $575,000; the lawsuit was filed on April 17, 2009, in the San Francisco Superior Court, Case No. CGC 09-487483; entitled Edward Kriete v. City and County of San Francisco. (City Attorney) PASSED, ON FIRST READING 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) PASSED, ON FIRST READING 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) PASSED, ON FIRST READING The foregoing items were acted upon by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd City and County of San Francisco Page 1007 Printed at 4:30 pm on 12/14/10 ### [Page 8](https://sfbos.info/documents/2037/2010-11-16-minutes#page-8) Board of Supervisors Meeting Minutes 11/16/2010 REGULAR AGENDA UNFINISHED BUSINESS From the Board 100889 [Adopting Findings Related to the Conditional Use Appeal on Property Located at 1268 Grant Street] Motion adopting findings related to the appeal of a decision of the Planning Commission, Motion No. 18160, approving Conditional Use Application 2010.0438C on property located at 1268 Grant Street. (Clerk of the Board) Motion No. M10-167 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd Recommendation of the Government Audit and Oversight Committee 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. PASSED, ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd City and County of San Francisco Page 1008 Printed at 4:30 pm on 12/14/10 ### [Page 9](https://sfbos.info/documents/2037/2010-11-16-minutes#page-9) Board of Supervisors Meeting Minutes 11/16/2010 Recommendation of the Public Safety Committee 101062 [Health Code - Updating Enforcement and Compliance Procedures for Nuisance] Sponsors: Avalos; Campos Ordinance amending the San Francisco Health Code Articles 6 and 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 292.5, 596.5, 602.3, and 610 to: 1) add requirements for refuse collection and storage in multi-story residential facilities; 2) update nuisance definitions; 3) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 4) require owners of rental property to provide contact information to the Department; 5) add civil penalties; and 6) expand administrative penalties and procedures. (Supervisor Elsbernd dissented in Committee.) Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd Ordinance amending San Francisco Health Code Article 11 by amending Sections 580, 581, 596, 599, and 600, and adding Sections 596.5, and 610 to: 1) update nuisance definitions; 2) add potential attorneys' fees recovery for the prevailing party in those cases which the City elects to recover attorneys' fees; 3) add civil penalties; and 4) expand administrative penalties and procedures. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd NEW BUSINESS Recommendations of the Budget and Finance Committee 101271 [Appropriating $9,035,065 of Certificate of Participation Expenses for Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability for FY2010-2011] Sponsor: Mayor Ordinance appropriating $9,035,065 of Certificate of Participation Series 2011A Delivery Date Expenses to fund multiple Capital Improvement Projects in the Department of Public Works and Mayor’s Office on Disability in the General Services Agency - Office of the City Administrator for FY2010-2011, and placing these funds on Controller’s reserve pending issuance of the Certificates of Participation. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd City and County of San Francisco Page 1009 Printed at 4:30 pm on 12/14/10 ### [Page 10](https://sfbos.info/documents/2037/2010-11-16-minutes#page-10) Board of Supervisors Meeting Minutes 11/16/2010 091106 [Approval of a Historical Property Contract for 1818 California Street (Lilienthal-Orville Pratt House)] Sponsor: Alioto-Pier Resolution under Chapter 71 of the San Francisco Administrative Code, approving a historical property contract between Nakamura FLP, the owner of 1818 California Street (Lilienthal-Orville Pratt House), and the City and County of San Francisco; authorizing the Director of Planning and the Assessor to execute the historical property contract. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that this Resolution be CONTINUED to November 23, 2010. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Absent: 1 - Daly 101294 [Professional Services Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $10,450,000] Resolution approving the Professional Services Agreement, Airport Contract 8994 - to manage and staff the Curbside Management Program between FSP PPM Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $10,450,000, pursuant to San Francisco Charter Section 9.118(b). (Airport Commission) Supervisor Avalos, seconded by Supervisor Mar, moved that this Resolution be AMENDED on Page 2, Lines 16-17, by deleting ', with an anticipated total contract value not-to-exceed $26,000,000,'. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd Resolution No. 548-10 ADOPTED AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd 101301 [Approval of Contract - AnsaldoBreda, Inc. - Repair of Damaged LRVs - Not to Exceed $32,854,622] Resolution approving Contract No. CPT 626.02, repair of damaged light rail vehicles, between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and AnsaldoBreda, Inc., to rebuild up to seven damaged light rail vehicles, in an amount not to exceed $32,854,622, and for a term not to exceed six years, with expenditures limited to $13,000,000 pending certification of additional funding. (Municipal Transportation Agency) (Fiscal Impact.) Resolution No. 549-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd City and County of San Francisco Page 1010 Printed at 4:30 pm on 12/14/10 ### [Page 11](https://sfbos.info/documents/2037/2010-11-16-minutes#page-11) Board of Supervisors Meeting Minutes 11/16/2010 101359 [Annual Report - Greater Union Square Business Improvement District and Modifying Management District Plan] Sponsor: Chiu Resolution regarding Greater Union Square Business Improvement District, receiving and approving the District's Annual Report for FY2009-2010 as submitted pursuant to Section 36650 of the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's Management Agreement with the City, which includes the District's proposed budget for FY2010-2011; modifying the Management District Plan in accordance with the Annual Report; and conforming the Management Agreement to changes in the Management District Plan. Resolution No. 550-10 ADOPTED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Absent: 1 - Elsbernd Recommendations of the City Operations and Neighborhood Services Committee Supervisor Elsbernd was noted present at 2:28 p.m. 101351 [Planning Code - Zoning - Temporary Uses and Mobile Food Facilities] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by adding Section 102.31 to define a Mobile Food Facility, amending Section 205 and adding Section 205.4 to establish a new category of temporary uses, and amending Sections 212, 790.91, 790.93 and 890.90 to clarify that Mobile Food Facilities need not be conducted within enclosed buildings; adopting findings, including environmental findings and findings of consistency with the General Plan and Planning Code Section 101.1. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101352 [Various Codes - Mobile Food Facilities - Department of Public Works Permitting Authority] Sponsor: Dufty Ordinance amending the San Francisco Police Code and San Francisco Public Works Code by repealing Articles 17.2 (Regulations for Mobile Caterers; Permit and License Provisions) and 17.3 (Permit Regulations for Pushcart Peddlers), transferring the regulations to a new Article 5.8 of the Public Works Code commencing with Section 184.80, redefining Mobile Caterers and Pushcart Peddlers as Mobile Food Facilities; making other amendments to implement the transfer, including new fee and penalty provisions and new notice and hearing procedures; amending Sections 440 and 451 of the San Francisco Health Code and repealing Section 249, amending Section 249.1, and adding Section 249.23 to the San Francisco Business and Tax Regulations Code to update definitions and add annual fees and plan check fees for Mobile Food Facilities; and adopting environmental findings. Supervisor Dufty, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 10, Lines 2-3, by deleting 'License' and adding 'Registration Certficiate from the Office of the Treasurer and Tax Collector,'. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 1011 Printed at 4:30 pm on 12/14/10 ### [Page 12](https://sfbos.info/documents/2037/2010-11-16-minutes#page-12) Board of Supervisors Meeting Minutes 11/16/2010 Supervisor Mirkarimi, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 2, Lines 19-20, by adding 'or trailer that is transported by a motorized vehicle' after 'vehicle'; on Page 3, Lines 6-7, by adding 'that is transported by human power' after 'device'; on Page 11, Lines 12-13, by inserting the new line '4) The Department shall maintain a Mobile Food Facility page on its website detailing all issued and pending permits.'; and on Page 11, Lines 23-24, by adding 'and on the Mobile Food Facility page on the Department’s website.' after 'San Francisco'. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Recommendations of the Land Use and Economic Development Committee 101079 [Administrative Code - Water Efficient Irrigation] Sponsors: Mayor; Maxwell and Mar Ordinance amending the San Francisco Administrative Code by repealing Chapter 63 in its entirety and adding a new Chapter 63, requiring the development and maintenance of landscape irrigation controls for specified new construction landscapes and landscape rehabilitation projects. PASSED ON FIRST READING by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 1 - Elsbernd 100765 [Support for the Preservation and Restoration of Sacred Heart Church] Sponsor: Mirkarimi Resolution pronouncing the support of the City of San Francisco for the preservation and restoration all historic features recently removed and sold from Sacred Heart Church, urging the Department of Building Inspection to investigate and publically report on violations of the Building and Planning Codes due to the removal of these historic features, and requesting the City Attorney to investigate, publically report on, and take legal action to remedy such violations of the Building and Planning Codes and all violations of other laws, including historic preservation laws. (Supervisor Maxwell dissented in committee.) Privilege of the floor was granted to Tara Sullivan (Planning Department) and Ed Sweeney (Department of Building Inspection) who responded to questions raised throughout the discussion regarding File No. 100765. Resolution No. 538-10 ADOPTED by the following vote: Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell City and County of San Francisco Page 1012 Printed at 4:30 pm on 12/14/10 ### [Page 13](https://sfbos.info/documents/2037/2010-11-16-minutes#page-13) Board of Supervisors Meeting Minutes 11/16/2010 Recommendation of the Rules Committee 101220 [Appointment, San Francisco Public Utilities Commission - Art Torres] Motion confirming the Mayor’s appointment of Art Torres to the San Francisco Public Utilities Commission, Seat 2, for the term ending August 1, 2014. (Clerk of the Board) Motion No. M10-168 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi From the Rules Committee Without Recommendation 101347 [Confirming Appointments, Treasure Island Development Authority Board of Directors - Larry Del Carlo and Larry Mazzola, Jr.] Sponsor: Mayor Motion confirming the appointments of Larry Del Carlo to succeed John Rahaim; term ending February 26, 2013; and Larry Mazzola, Jr. to succeed Owen Stephens, term ending April 28, 2014, to the Treasure Island Development Authority Board of Directors. Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED to December 7, 2010. The motion FAILED by the following vote: Ayes: 4 - Avalos, Campos, Daly, Mirkarimi Noes: 7 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Motion No. M10-169 APPROVED by the following vote: Ayes: 9 - Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 2 - Avalos, Daly City and County of San Francisco Page 1013 Printed at 4:30 pm on 12/14/10 ### [Page 14](https://sfbos.info/documents/2037/2010-11-16-minutes#page-14) Board of Supervisors Meeting Minutes 11/16/2010 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 101354 [Public Hearing - Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Hearing of persons interested in or objecting to proposed Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. The President inquired as to whether any member of the public wished to address the Board relating to the proposed Resolution. Dahlisa Winburn; Female Speaker; Joanne Trackwatson; Dan Weaver; Al Harris; Howard Chung; Henry Cavain; spoke in support of the proposed Resolution. Diane Goodman; Nilka Rose; spoke in opposition to the proposed Resolution. There were no other speakers. The President continued the public hearing open to December 14, 2010. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Hearing be CONTINUED to December 14, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Committee of the Whole Adjourn and Report 101355 [Resolution to Establish the Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution establishing a property-based business improvement district to be known as the “Ocean Avenue Community Benefits District,” ordering the levy and collection of assessments against property located in that district for fifteen years commencing with FY2010-2011, subject to conditions as specified, and making environmental findings. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED to December 14, 2010. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 1014 Printed at 4:30 pm on 12/14/10 ### [Page 15](https://sfbos.info/documents/2037/2010-11-16-minutes#page-15) Board of Supervisors Meeting Minutes 11/16/2010 SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guest. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to Miss Tilly Abbe in recognition of her accomplishments as a ballet instructor for over 40 years in San Francisco and continued community support. SPECIAL ORDER 4:00 P.M. 101041 [Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Determination of Exemption from Environmental Review identified as Planning Case No. 2010.0306C, by its Motion No. 18131, which included the exemption determination, that a project located at 10 Bernal Heights Boulevard is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Sections 15301 Class (1), 15303 (Class 3), and 15311 (Class 11), to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park within an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Appellant: Erick Arguello on behalf of the Lower 24th Street Merchant Association.) (Filed August 2, 2010; Companion Measure to File Nos. 101042, 101043, 101044.) The President inquired as to whether any member of the public wished to address the Board. Terry Milne (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Robin Macke; Gail Malinson; Rick Avery; Charles Kalish; Gabriela Schultz; William; Steven Krolik; David Tornheim; spoke in support of the appeal. Tara Sullivan; Nannie Turrell; Male Speaker (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Bill Stevens and Paul Allred (Project Sponsors) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Alan Lacey; spoke in support of the project and in opposition to the appeal. Terry Milne (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING City and County of San Francisco Page 1015 Printed at 4:30 pm on 12/14/10 ### [Page 16](https://sfbos.info/documents/2037/2010-11-16-minutes#page-16) Board of Supervisors Meeting Minutes 11/16/2010 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M10-170 Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi City and County of San Francisco Page 1016 Printed at 4:30 pm on 12/14/10 ### [Page 17](https://sfbos.info/documents/2037/2010-11-16-minutes#page-17) Board of Supervisors Meeting Minutes 11/16/2010 SPECIAL ORDER 4:00 P.M. Supervisor Mar was noted absent at 5:54 p.m. 101045 [Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Conditional Use Permit identified as Planning Case No. 2010.0306C, by its Motion No. 18131, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park and to modify the Conditional Use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District, and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Filed by Erick Arguello on behalf of the Lower 24th Street Merchant Association, and subscribed by Supervisors Campos, Mar, Chiu, Chu, Mirkarimi, and Avalos.) (Filed August 2, 2010; Companion Measure to File Nos. 101046, 101047, 101048.) The President inquired as to whether any member of the public wished to address the Board. Gail Malinson (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Male Speaker; Robin Mathey; Christine Olsen; Steven Krolik; Chris Houston; David Tornheim; Frank Gregory; Bill Neito; Eric Brooks; Male Speaker; spoke in support of the appeal. Tara Sullivan; Male Speaker (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Bill Stevens and Paul Allred (Project Sponsors) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Gail Malinson (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar City and County of San Francisco Page 1017 Printed at 4:30 pm on 12/14/10 ### [Page 18](https://sfbos.info/documents/2037/2010-11-16-minutes#page-18) Board of Supervisors Meeting Minutes 11/16/2010 101047 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion disapproving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M10-171 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar 101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Motion No. M10-172 Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar SPECIAL ORDER 4:00 P.M. Board of Supervisors Sitting as a Committee of the Whole Public Hearing amended by approval of File No. 101404. 101405 [Public Hearing - Take Public Input and Discuss the Process to Appoint a Successor Mayor] Sponsors: Avalos; Campos and Daly Hearing to take public input and discuss the process by which the Board of Supervisors may exercise its exclusive jurisdiction under the Charter to appoint a successor Mayor for the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to File Nos. 101405 and 101406. David Day; Male Speaker; Gabriel Haaland; Jeff Henke; Male Speaker; Female Speaker; Pedro Gonzalez; Robby Reedmeyer; Gabby Soto; Male Speaker; spoke on concerns relating to the selection of a successor Mayor. There were no other speakers. The President declared public comment closed and adjourned as the Committee of the Whole, reconvening as the Board of Supervisors. HEARD AT PUBLIC HEARING Committee of the Whole Adjourn and Report City and County of San Francisco Page 1018 Printed at 4:30 pm on 12/14/10 ### [Page 19](https://sfbos.info/documents/2037/2010-11-16-minutes#page-19) Board of Supervisors Meeting Minutes 11/16/2010 101406 [Appointing a Successor Mayor] Sponsors: Avalos; Campos and Daly Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. Pursuant to the actions of File No. 101404 this Motion was TABLED BY OPERATION OF LAW. TABLED BY OPERATION OF LAW COMMITTEE REPORT Recommendation of the Land Use and Economic Development Committee 101057 [Planning Code - Health Care Services Master Plan] Sponsors: Campos; Mar, Maxwell, Mirkarimi, Avalos, Chiu and Daly Ordinance amending the San Francisco Planning Code by adding Sections 342 to 342.10 requiring the preparation of a Health Care Services Master Plan identifying the current and projected needs for, and locations of, health care services within San Francisco and recommending how to achieve and maintain appropriate distribution of, and equitable access to, such services; requiring that any change of use to a Medical Use, as defined, that will occupy a space exceeding 10,000 gross square feet of floor area, or an expansion of any existing Medical Use by at least 5,000 gross square feet of floor area obtain a Consistency Determination from the Planning Commission or the Planning Department determining that the proposed use or expansion promotes the goals recommended in the Master Plan; providing fees for time and material costs incurred to prepare the Consistency Determination, and making findings, including findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1 and environmental findings. Supervisor Campos, seconded by Supervisor Dufty, moved that this Ordinance be AMENDED on Page 12, Line 9, by inserting the following paragraph: 'Section 342.6(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.' . The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd ROLL CALL FOR INTRODUCTIONS See Legislation Introduced. City and County of San Francisco Page 1019 Printed at 4:30 pm on 12/14/10 ### [Page 20](https://sfbos.info/documents/2037/2010-11-16-minutes#page-20) Board of Supervisors Meeting Minutes 11/16/2010 PUBLIC COMMENT Supervisor Campos was noted absent at 8:55 p.m. Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. Joshua; expressed concerns relating to the SF Police Department. Peter Warfield; expressed concerns relating to the SF Public Library. Steven Gerard; expressed various concerns. Male Speaker; expressed various concerns. Female Speaker; expressed various concerns. Edmond Juicye; expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 101398 [Accept and Expend Grant - Project ITRIP - $42,384] Sponsor: Chu Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $42,384 from the University of California, San Francisco (UCSF), to fund the project ITRIP Follow Up; for the period of September 1, 2010, through February 28, 2011, waiving indirect costs. (Public Health Department) Resolution No. 551-10 ADOPTED 101399 [Accept and Expend Grant - WritersCorps Program - $10,200] Sponsors: Chu; Dufty Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $10,200 from the California Arts Council’s Artists in Schools Program to help support the cost of a WritersCorps contracted teaching artist at Mission High School in San Francisco. (Arts Commission) Supervisor Dufty requested to be added as a co-sponsor. Resolution No. 552-10 ADOPTED 101400 [Accept and Expend Grant - Arts Commission’s Art Education Program - $15,000] Sponsor: Chu Resolution authorizing the San Francisco Arts Commission to retroactively accept and expend a grant in the amount of $15,000 from the California Art Council to help support the Arts Commission’s Arts Education Program. (Arts Commission) Resolution No. 553-10 ADOPTED City and County of San Francisco Page 1020 Printed at 4:30 pm on 12/14/10 ### [Page 21](https://sfbos.info/documents/2037/2010-11-16-minutes#page-21) Board of Supervisors Meeting Minutes 11/16/2010 101401 [Supporting the Promotion and Deployment of Broadband Internet Access in California and San Francisco] Sponsor: Chiu Resolution joining with 31 California counties in supporting the work of the California Emerging Technology Fund’s Get Connected! public awareness program; embracing the California Emerging Technology Fund’s goal to achieve broadband Internet access at home for 80% of all Californians by 2015; embracing a goal to achieve broadband Internet access for 90% of San Franciscans by 2015, with a focus on connecting seniors and low income households; requesting that the Department of Technology report back on strategic actions planned that will remove barriers and promote the deployment and adoption of broadband. Resolution No. 554-10 ADOPTED 101402 [Declaring November 18, 2010, as Bay Area Young Positives Day] Sponsors: Dufty; Campos Resolution declaring November 18, 2010, as Bay Area Young Positives Day to recognize 20 years of providing peer-based, specialized, culturally competent services to the San Francisco Bay Area’s HIV positive youth. Resolution No. 555-10 ADOPTED 101403 [Declaring December 9, 2010, as CHEER SF Day in San Francisco] Sponsors: Dufty; Campos Resolution declaring December 9, 2010, as CHEER SF Day in San Francisco to commemorate the 30th Anniversary of the world’s first LGBT-identified cheerleading team that raises funds for local, national, and international service agencies. Resolution No. 556-10 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 2 - Campos, Mar City and County of San Francisco Page 1021 Printed at 4:30 pm on 12/14/10 ### [Page 22](https://sfbos.info/documents/2037/2010-11-16-minutes#page-22) Board of Supervisors Meeting Minutes 11/16/2010 Severed from the For Adoption Without Committee Reference Agenda Supervisor Daly requested that File Nos. 101139 and 101404 be severed so that they may be considered separately. 101139 [Process for Nominating and Selecting a Successor Mayor] Sponsor: Chiu Motion directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor to the Mayor. The President inquired as to whether any member of the public wished to address the Board on File Nos. 101139 and 101404. Male Speaker; Ace Washington; Male Speaker; John Rizzo; David Tornheim; Julian Davis; Angelica Cabande; Rachel Ebora; Joseph Smooke; Male Speaker; Brian Basinger; Male Speaker; Tommy Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Motion No. M10-173 APPROVED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar City and County of San Francisco Page 1022 Printed at 4:30 pm on 12/14/10 ### [Page 23](https://sfbos.info/documents/2037/2010-11-16-minutes#page-23) Board of Supervisors Meeting Minutes 11/16/2010 101404 [Committee of the Whole – Public Hearing to Take Public Input and Discuss the Process to Appoint a Successor Mayor] Sponsor: Avalos Motion that the Board convene as a Committee of the Whole on November 16, 2010, to consider the appointment of successor Mayor for the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board on File Nos. 101139 and 101404. Male Speaker; Ace Washington; Male Speaker; John Rizzo; David Tornheim; Julian Davis; Angelica Cabande; Rachel Ebora; Joseph Smooke; Male Speaker; Brian Basinger; Male Speaker; Tommy Avoccoli-Mecca; Tab Buckner; Brenda Barrell; Christopher Cooke; Rebecca Tumara; Female Speaker; Emma Gerald; Crystal Jabba; Alysabeth Alexander; Jorge Garcia; Kay Walker; Gabriel Haaland; Steve Varjofske; Michael Tom; Frank Martine-Del Campo; Mario Ortegas; Female Speaker; Peter Warfield; Darryl Jones; spoke on concerns relating to the process of selecting a successor Mayor. There were no other speakers. The President declared public comment closed. Privilege of the floor was granted to Nancy J. Clark; James Williams; Orry P. Korb (Office of Mr. Miguel Marquez, Office of the County Counsel, County of Santa Clara) who responded to questions raised throughout the discussion regarding File Nos. 101139 and 101404. Supervisor Avalos, seconded by Supervisor Chiu, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to 'Motion that the Board of Supervisors convene as a Committee of the Whole on November 16, 2010, to take public input and discuss the process by which the Board of Supervisors may exercise its exclusive jurisdiction under the Charter to appoint a successor Mayor for the City and County of San Francisco.' The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar Motion No. M10-174 APPROVED AS AMENDED by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar City and County of San Francisco Page 1023 Printed at 4:30 pm on 12/14/10 ### [Page 24](https://sfbos.info/documents/2037/2010-11-16-minutes#page-24) Board of Supervisors Meeting Minutes 11/16/2010 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or Mayor Ordinances 101443 [Accept and Expend Grant - Three Part-Time Q4 Police Officer III Positions - $424,107] Sponsor: Alioto-Pier Ordinance authorizing the San Francisco Police Department, on behalf of the City and County of San Francisco, to retroactively accept and expend grant funds in the amount of $424,107 from the United States Department of Justice/National Institute of Justice "Solving Cold Cases with DNA" Grant Program; and amending Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of three (3) part-time positions (1.50 FTE total) in job classification Q4 Police Officer III in the San Francisco Police Department. 11/16/10; RECEIVED AND ASSIGNED to Public Safety Committee. 101444 [Accept and Expend Grant - Chinatown Broadway Streetscape Improvement Design Plan - $250,000] Sponsor: Chiu Ordinance authorizing the San Francisco Planning Department to accept and expend a grant in the amount of $250,000 from the California Department of Transportation, Division of Transportation Planning for the FY 2010-2011 Environmental Justice Grant for the Chinatown Broadway Streetscape Improvement Design Plan, and amending Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of one (1) limited duration Job Class 5293 Planner IV, grant funded position (0.06 FTE), in the Planning Department. 11/16/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101445 [Public Works Code - Banners on the Path of Gold] Sponsor: Dufty Ordinance amending Public Works Code Section 184.78 to allow city neighborhood banners, as defined in Section 184.78, to be posted on the Path of Gold lamp posts lining Market Street, and adopting environmental findings. 101446 [Accept and Expend Grant - Central Corridor Growth Strategy and Design Plan - $250,000] Sponsor: Mayor Ordinance authorizing the San Francisco Planning Department to accept and expend a grant in the amount of $250,000 from the California Department of Transportation, Division of Transportation Planning, for the CalTrans Community-Based Transportation Grant for the Central Corridor Growth Strategy and Design Plan, and amending Ordinance No. 191-10 (Annual Salary Ordinance, FY2010-2011) to reflect the addition of one (1) limited duration Job Class 5293 Planner IV, grant funded position (0.15 FTE), in the Planning Department. 11/16/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 1024 Printed at 4:30 pm on 12/14/10 ### [Page 25](https://sfbos.info/documents/2037/2010-11-16-minutes#page-25) Board of Supervisors Meeting Minutes 11/16/2010 101458 [Administrative Code - Extending Operation of Voting Systems Task Force] Sponsor: Campos Ordinance amending the San Francisco Administrative Code by amending Sections 5.400 and 5.410 and adding Section 5.415 to extend the operation of the Voting Systems Task Force to June 30, 2011. 11/16/10; RECEIVED AND ASSIGNED to Rules Committee. 100495 [Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice] Sponsor: Alioto-Pier Ordinance amending Administrative Code Chapter 31 to provide for appeals to the Board of Supervisors of certain environmental documents and determinations under the California Environmental Quality Act, to clarify procedures and to provide public notice of environmental documents and determinations. 04/20/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 5/21/2010. 04/27/10; REFERRED TO DEPARTMENT. 05/04/10; RESPONSE RECEIVED. 07/14/10; RESPONSE RECEIVED. 07/20/10; SUBSTITUTED. 07/20/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 07/26/10; REFERRED TO DEPARTMENT. 09/21/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 09/23/10; REFERRED TO DEPARTMENT. 11/16/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 101310 [Public Works Code - Regulation of Freestanding Newsracks and Fixed Pedestal Newsracks] Sponsor: Alioto-Pier Ordinance amending the San Francisco Public Works Code by amending Sections 184.2, 184.6, 184.8, and 184.12 thereof, relating to newsracks, to provide for: (1) the use of electronic mail for notices of violations; (2) removal of abandoned newsracks or newsracks maintained in violation of the Public Works Code within 7 calendar days of notice of violation sent by electronic mail; (3) imposition of administrative fines for violations resulting in newsrack seizures; (4) consolidation and/or reduction in size of fixed pedestal newsracks at under-used locations; (5) allocation of space in newsrack boxes on a first-come-first-served basis under certain circumstances; and (6) reduction of the fixed pedestal permit fee from $60 to $50. 10/19/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee, expires on 11/18/2010. 11/16/10; SUBSTITUTED AND ASSIGNED to City Operations and Neighborhood Services Committee. City and County of San Francisco Page 1025 Printed at 4:30 pm on 12/14/10 ### [Page 26](https://sfbos.info/documents/2037/2010-11-16-minutes#page-26) Board of Supervisors Meeting Minutes 11/16/2010 101349 [Administrative Code - DNA Testing in Sexual Assault Cases] Sponsors: Alioto-Pier; Chu Ordinance implementing the California “Sexual Assault Victims’ Bill of Rights” by amending the San Francisco Administrative Code to: (1) add Section 2A.89 to require the Police Department to develop and implement procedures to collect and test DNA samples in sexual assault cases and provide information and notices to victims, require the Mayor to report on DNA collection and testing performance as part of the budget submission, and make it the policy of the City and County of San Francisco to appropriate sufficient funds each fiscal year to ensure timely testing of DNA evidence in sexual assault cases; and (2) add Section 10.100-172 to establish the Police DNA Testing in Sexual Assault Cases Account. 10/26/10; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 11/25/2010. 11/16/10; SUBSTITUTED AND ASSIGNED to Public Safety Committee. 101055 [Environment Code - Checkout Bags; Checkout Bag Charge] Sponsor: Mirkarimi Ordinance amending Chapter 17 of the San Francisco Environment Code by amending Section 1702, to extend the mandatory use of recyclable or compostable checkout bags from supermarkets and chain pharmacies to all retail establishments in the City, and clarify terms and adding Section 1703.5, to require stores to add a Checkout Bag Charge of 10 cents if they provide a customer with a checkout bag; setting an operative date of July 1, 2011, and making environmental findings. (Economic Impact.) 08/03/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee. 08/12/10; REFERRED TO DEPARTMENT. 10/12/10; RESPONSE RECEIVED. 11/16/10; SUBSTITUTED AND ASSIGNED to City Operations and Neighborhood Services Committee. Resolutions 101390 [Gift Acceptance - Equipment and Furnishings - $14,000] Sponsor: Elsbernd Resolution authorizing the Department of Public Health, Laguna Honda Hospital and Rehabilitation Center, to accept a gift of merchandise, furniture, fixtures and equipment from Laguna Honda Volunteers, Inc. with a monetary value of up to $14,000. 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101409 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 1] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 1, San Francisco, California (Assessor’s Block No. 3721, Lot No. 109) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. City and County of San Francisco Page 1026 Printed at 4:30 pm on 12/14/10 ### [Page 27](https://sfbos.info/documents/2037/2010-11-16-minutes#page-27) Board of Supervisors Meeting Minutes 11/16/2010 101412 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 2] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 2, San Francisco, California (Assessor’s Block No. 3721, Lot No. 110) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101415 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 3] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 3, San Francisco, California (Assessor’s Block No. 3721, Lot No. 111) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101418 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 4] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 4, San Francisco, California (Assessor’s Block No. 3721, Lot No. 112) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101421 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 5] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 5, San Francisco, California (Assessor’s Block No. 3721, Lot No. 113) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. City and County of San Francisco Page 1027 Printed at 4:30 pm on 12/14/10 ### [Page 28](https://sfbos.info/documents/2037/2010-11-16-minutes#page-28) Board of Supervisors Meeting Minutes 11/16/2010 101424 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 7] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 7, San Francisco, California (Assessor’s Block No. 3721, Lot No. 115) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101427 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 9] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 9, San Francisco, California (Assessor’s Block No. 3721, Lot No. 117) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101430 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. C1] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. C1, San Francisco, California (Assessor’s Block No. 3721, Lot No. 118) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101433 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 60 Tehama Street] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 60 Tehama Street, San Francisco, California (Assessor’s Block No. 3736, Lot No. 088) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. City and County of San Francisco Page 1028 Printed at 4:30 pm on 12/14/10 ### [Page 29](https://sfbos.info/documents/2037/2010-11-16-minutes#page-29) Board of Supervisors Meeting Minutes 11/16/2010 101436 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 564 Howard Street] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 564 Howard Street, San Francisco, California (Assessor’s Block No. 3721, Lot No. 019) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101439 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 568 Howard Street] Sponsor: Daly Resolution authorizing the acquisition of real property commonly known as 568 Howard Street, San Francisco, California (Assessor’s Block No. 3721, Lot No. 020) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101442 [Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 13 Easement Interests Across and Through 85 Natoma Street] Sponsor: Daly Resolution authorizing the acquisition of 13 easement interests across and through the real property commonly known as 85 Natoma Street, San Francisco, California (Assessor’s Block No. 3721, Lot Nos. 109-118) (recorded in the official records of the City and County of San Francisco as Doc 2000-G860199-00, November 6, 2000) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. 11/10/10; ASSIGNED to Board of Supervisors. 101447 [Accept and Expend Grant - Market and Octavia Historic Resource Preservation Project - $83,529] Sponsor: Chiu Resolution authorizing the San Francisco Planning Department to retroactively accept and expend a grant in the amount of $83,529 from the National Park Service for the period August 1, 2010, through August 31, 2012, in order to conduct the Market and Octavia Historic Resource Preservation Project. 11/16/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 1029 Printed at 4:30 pm on 12/14/10 ### [Page 30](https://sfbos.info/documents/2037/2010-11-16-minutes#page-30) Board of Supervisors Meeting Minutes 11/16/2010 101448 [Installation of Public Art in the Hunters Point Shipyard Redevelopment Project Area - $80,000] Sponsor: Maxwell Resolution making findings under Section 33445 of the California Health and Safety Code and consenting to the Redevelopment Agency using approximately $80,000 in designated federal grant monies for the installation of Public Art in the Hunters Point Shipyard Redevelopment Project Area. 11/16/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101449 [Rehabilitation of Building 813 in the Hunters Point Shipyard Redevelopment Project Area - $7,258,890] Sponsor: Maxwell Resolution making findings under Section 33445 of the California Health and Safety Code and consenting to the Redevelopment Agency of the City and County of San Francisco’s payment of funds in the amount of $7,258,890 for the pre-development and rehabilitation of Building 813 in the Hunters Point Shipyard Redevelopment Project Area. 11/16/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101450 [Temporary Preservation Easement - Bayview Opera House - 4705 Third Street] Sponsor: Maxwell Resolution approving a temporary preservation easement affecting a City building located at 4705 Third Street, commonly known as the Bayview Opera House. 11/16/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 101451 [Accept and Expend Grant - High Risk Program and Pest Exclusion/Nursery Inspection - $47,796] Sponsor: Alioto-Pier Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively two grants (Agreement Nos. 10-0539 and 10-0404) totaling $47,796 from the California Department of Food and Agriculture to fund the High Risk Program and the Pest Exclusion/Nursery Inspection, both for the period of July 1, 2010, through June 30, 2011. 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101452 [Accept and Expend Grant - Crucial Transitions in Young Opioid Users in Iran - $6,280] Sponsor: Chu Resolution authorizing the San Francisco Department of Public Health to accept and expend retroactively a grant in the amount of $6,280 from the University of California San Francisco, to participate in a program entitled “Crucial Transitions in Young Opioid Users in Iran,” for the period of November 1, 2010, through August 31, 2011. 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 1030 Printed at 4:30 pm on 12/14/10 ### [Page 31](https://sfbos.info/documents/2037/2010-11-16-minutes#page-31) Board of Supervisors Meeting Minutes 11/16/2010 101259 [34th America's Cup Host City Agreement and Finding of Fiscal Feasibility] Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Chu, Dufty and Maxwell Resolution approving a Host City and Venue Agreement between the City, the America's Cup Event Authority and the San Francisco America's Cup Organizing Committee; authorizing the Mayor or his designee and the Port to execute the Host City and Venue Agreement; authorizing and urging the Mayor, Office of Economic and Workforce Development, Port and such other City Officials as appropriate to take such steps and execute such additional agreements as are consistent with the Host City and Venue Agreement and this Resolution to bring the 34th America's Cup to the San Francisco Bay; and finding that the proposed Event is fiscally feasible as set forth in Administrative Code Chapter 29. Economic Impact 11/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 11/16/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. Motions 101407 [Committee of the Whole - December 7, 2010 - Public Hearing to Acquire Various Real Properties by Eminent Domain for Transbay Transit Center Program] Sponsor: Daly Motion that the Board of Supervisors hold a public hearing on December 7, 2010, at 3:00 p.m., with the Board of Supervisors sitting as a Committee of the Whole, to consider acquisition of various real properties by eminent domain for the public purpose of constructing the Transbay Transit Center Program. 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101455 [Committee of the Whole - Public Hearing to Create a Process for the Appointment of a Successor Mayor; Possibly Amending Rules of Order] Motion that the Board of Supervisors convene as a Committee of the Whole on November 23, 2010, at 3:00 p.m. to approve a one-time process to appoint a successor Mayor, if a vacancy occurs; possibly amending the Rules of Order by adding a new Section 7, creating said process; and waiving Rule 4.38, which refers amendments to the Rules of Order to the Rules Committee. (Clerk of the Board) 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101457 [Creating a Process for the Appointment of a Successor Mayor] Motion to consider and approve a one-time process to appoint a successor Mayor, if a vacancy occurs; possibly amending the Rules of Order by adding a new Section 7, creating said process; and waiving Rule 4.38, which refers amendments to the Rules of Order to the Rules Committee. (Clerk of the Board) City and County of San Francisco Page 1031 Printed at 4:30 pm on 12/14/10 ### [Page 32](https://sfbos.info/documents/2037/2010-11-16-minutes#page-32) Board of Supervisors Meeting Minutes 11/16/2010 101465 [Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor in the Event of a Vacancy in the Office of the Mayor] Sponsor: Daly Motion that the Board of Supervisors convene as a Committee of the Whole on November 23, 2010, at 3:00 p.m., to discuss the proposed Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. 11/16/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 101467 [Appointment of a Successor Mayor] Sponsor: Daly Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. 11/16/10; ASSIGNED to Board of Supervisors. Hearings 101408 [Public Hearing - Resolution Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 1] Sponsor: Daly Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 1, San Francisco, California (Assessor’s Block No. 3721, Lot No. 109) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101411 [Public Hearing - Resolution Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 2] Sponsor: Daly Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 2, San Francisco, California (Assessor’s Block No. 3721, Lot No. 110) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 1032 Printed at 4:30 pm on 12/14/10 ### [Page 33](https://sfbos.info/documents/2037/2010-11-16-minutes#page-33) Board of Supervisors Meeting Minutes 11/16/2010 101414 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 3] Sponsor: Daly Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 3, San Francisco, California (Assessor’s Block No. 3721, Lot No. 111) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101417 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 4] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 4, San Francisco, California (Assessor’s Block No. 3721, Lot No. 112) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101420 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 5] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 5, San Francisco, California (Assessor’s Block No. 3721, Lot No. 113) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101423 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 7] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 7, San Francisco, California (Assessor’s Block No. 3721, Lot No. 115) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 1033 Printed at 4:30 pm on 12/14/10 ### [Page 34](https://sfbos.info/documents/2037/2010-11-16-minutes#page-34) Board of Supervisors Meeting Minutes 11/16/2010 101426 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. 9] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. 9, San Francisco, California (Assessor’s Block No. 3721, Lot No. 117) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101429 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 85 Natoma Street No. C1] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 85 Natoma Street No. C1, San Francisco, California (Assessor’s Block No. 3721, Lot No. 118) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101432 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 60 Tehama Street] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 60 Tehama Street, San Francisco, California (Assessor’s Block No. 3736, Lot No. 088) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101435 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 564 Howard Street] Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 564 Howard Street, San Francisco, California (Assessor’s Block No. 3721, Lot No. 019) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 1034 Printed at 4:30 pm on 12/14/10 ### [Page 35](https://sfbos.info/documents/2037/2010-11-16-minutes#page-35) Board of Supervisors Meeting Minutes 11/16/2010 101438 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 568 Howard Street] Sponsor: Daly Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of real property commonly known as 568 Howard Street, San Francisco, California (Assessor’s Block No. 3721, Lot No. 020) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101441 [Public Hearing - Authorizing the Acquisition of Real Property by Eminent Domain for Transbay Transit Center Program - 13 Easement Interests Across and Through 85 Natoma Street] Sponsor: Daly Hearing of persons interested in or objecting to proposed Resolution authorizing the acquisition of 13 easement interests across and through the real property commonly known as 85 Natoma Street, San Francisco, California (Assessor’s Block No. 3721, Lot Nos. 109-118) (recorded in the official records of the City and County of San Francisco as Doc 2000-G860199-00, November 6, 2000) by eminent domain for the public purpose of constructing the Transbay Transit Center Program; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code Chapter 31; and adopting findings of consistency with the General Plan and City Planning Code Section 101.1. (Clerk of the Board) 11/10/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101454 [Mayor's Office and Controller - FY2010-2011and FY2011-2012] Sponsor: Avalos Hearing to inquire of the Mayor's Office and Controller on: 1) projected revenues and shortfalls for FY2010-2011 and FY2011-2012; 2) ongoing salary savings; 3) possible mid-year cuts; and 4) the Mayor's FY2011-2012 Budget Instructions. 11/16/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. 101456 [Public Hearing - Process for the Appointment of a Successor Mayor; Possibly Amending Rules of Order] Hearing to discuss the proposed Motion to consider and approve a one-time process to appoint a successor Mayor, if a vacancy occurs; possibly amending the Rules of Order by adding a new Section 7, creating said process; and waiving Rule 4.38, which refers amendments to the Rules of Order to the Rules Committee. (Clerk of the Board) 11/16/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 101466 [Public Hearing - Appointment of a Successor Mayor] Sponsor: Daly Hearing to discuss the proposed Motion to take nominations and appoint a successor Mayor in the event of a vacancy in the Office of the Mayor. 11/16/10; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 1035 Printed at 4:30 pm on 12/14/10 ### [Page 36](https://sfbos.info/documents/2037/2010-11-16-minutes#page-36) Board of Supervisors Meeting Minutes 11/16/2010 Introduced by the President at the Request of Departments PROPOSED RESOLUTION 100598 [Real Property Lease - 238 Eddy Street] Resolution authorizing the Master Lease of the Windsor Hotel at 238 Eddy Street for the Department of Public Health. (Real Estate Department) (Fiscal Impact.) 11/08/10; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 1036 Printed at 4:30 pm on 12/14/10 ### [Page 37](https://sfbos.info/documents/2037/2010-11-16-minutes#page-37) Board of Supervisors Meeting Minutes 11/16/2010 Requests Granted From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from the public property located at the following locations: Utility Boxes Southwest corner of Waller and Steiner Northeast corner of Stanyan and Parnassus Southwest corner of 6th Avenue and Lincoln In front of 639 Frederick Southeast corner of Octavia and Fell Southeast corner of Fell and Laguna Bus Shelters Southwest corner of Buchanan and Haight Southwest corner of Pierce and Haight Southwest corner of 15th Avenue and Lincoln Southwest corner of Irving and Arguello Fillmore and Haight (all 4 bus stops, graffiti and grime and canopies are graffiti also canopies have graffiti) Fire Hydrants Southwest corner of Laguna and Page In front of 442 Carl In front of 101 Woodland Northeast corner of Fell and Laguna From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from newsstands at the following locations: San Francisco Bay Guardian Southeast corner of Fillmore and Post Southwest corner of Divisadero and Sutter 9th Avenue and Judah (near bus stops) 7th Avenue and Irving (near bus stops) Northwest corner of Hayes and Fillmore Southeast corner of Fillmore and Haight San Francisco Chronicle Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore Irving and 9th Avenue Irving and 7th Avenue Southwest corner of Haight and Clayton Southeast corner of Haight and Masonic Examiner Northwest corner of Fillmore and Hayes Southeast corner of Haight and Fillmore City and County of San Francisco Page 1037 Printed at 4:30 pm on 12/14/10 ### [Page 38](https://sfbos.info/documents/2037/2010-11-16-minutes#page-38) Board of Supervisors Meeting Minutes 11/16/2010 SF Daily Northwest corner of Hayes and Gough City Star Northwest corner of Hayes and Gough Southeast corner of Fillmore and Haight SF Weekly Southeast corner of Masonic and Haight Southeast corner of Haight and Fillmore From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following locations: Garbage Cans Southwest corner of Waller and Fillmore Southwest corner of 11th Avenue and Lincoln In front of 579 Hayes In front of 498 Carl In front of 639 Frederick Page/Laguna; Mini Park both cans In front of 559 Lincoln Northwest corner of 4th Avenue and Lincoln Mailbox Southwest corner of Webster and Oak From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of repairing potholes at the following locations: Potholes, Lights and Sidewalk Issues At 1379 10th Avenue At 1362 3rd Avenue From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti at the following private property locations: 921 Lincoln 929 Lincoln 755 Frederick 639 Frederick 498 Carl 546 Haight 375 Carl 327 Lincoln 323 Lincoln 317 Page 1212 15th Avenue 1208 6th Avenue 1240 7th Avenue 1349 9th Avenue City and County of San Francisco Page 1038 Printed at 4:30 pm on 12/14/10 ### [Page 39](https://sfbos.info/documents/2037/2010-11-16-minutes#page-39) Board of Supervisors Meeting Minutes 11/16/2010 101 Lincoln 1201 8th Avenue 228 Irving 1201 Willard 418 Haight From: Supervisor Mirkarimi To: Director, Department of Public Works Requesting/Inquiring: Requesting the Department of Public Works to report on the status of removing graffiti from utility poles at the following locations: Metal Poles In front of 101 Scott In front of 1219 10th Avenue In front of 1234 11th Avenue In front of 1252 2nd Avenue In front of 1322 4th Avenue In front of 1350 3rd Avenue Southwest corner of 10th Avenue and Lincoln In front of 240 Waller In front of 202 Rose In front of 24 Irving In front of 282 Waller In front of 331 Page In front of 639 Frederick Wood Poles Northeast corner of 16th Avenue and Judah In front of 268 Carl Northeast corner of Rose and Haight Northwest corner of 12th Avenue and Judah In front of 1370 10th Avenue In front of 1258 8th Avenue In Memoriams Brother Kelly Cullen – Entire Board John Meyer – Supervisor Dufty Irwin Bear – Supervisor Dufty Joseph Medina – Entire Board William Frost – Supervisor Chu Ray Sheeran – Supervisors Elsbernd and Dufty Howard Lester – Supervisor Elsbernd Ralph House – Supervisor Maxwell Robert Barbagelata – Entire Board City and County of San Francisco Page 1039 Printed at 4:30 pm on 12/14/10 ### [Page 40](https://sfbos.info/documents/2037/2010-11-16-minutes#page-40) Board of Supervisors Meeting Minutes 11/16/2010 ADJOURNMENT There being no further business, the Board adjourned at the hour of 9:05 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on December 14, 2010. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 1040 Printed at 4:30 pm on 12/14/10