# 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 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 ## Extracted text ### [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