# 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 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

## Extracted text

### [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