# Board of Supervisors Agenda: November 23, 2010

- Meeting date: 2010-11-23
- Document type: agenda
- Source format: PDF
- Extracted pages: 21
- [Canonical HTML transcript](https://sfbos.info/documents/2038/2010-11-23-agenda)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/agendas/2010/BAG112310.pdf)

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

## Extracted text

### [Page 1](https://sfbos.info/documents/2038/2010-11-23-agenda#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO
 AGENDA

 Legislative Chamber, Room 250
 City Hall, 1 Dr. Carlton B. Goodlett Place
 San Francisco, CA 94102-4689
 Tuesday, November 23, 2010 - 2:00 PM
 Regular Meeting

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

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

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

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

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

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

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

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

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

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

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Meeting Procedures

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

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

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

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

 Disability Access

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

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

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

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

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Know Your Rights Under The Sunshine Ordinance

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

 Lobbyist Registration and Reporting Requirements

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

 Agenda Item Information

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

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 ROLL CALL AND PLEDGE OF ALLEGIANCE

 AGENDA CHANGES

 APPROVAL OF MEETING MINUTES
 Approval of the October 19, 2010, Board Meeting Minutes.

 COMMUNICATIONS

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

 Items 1 through 7

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

1. 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.
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

2. 101157 [Administrative Code - Updating Provisions Consistent with State and Local
 Law and Related Clean-Up Provisions on Employee Relations]
 Sponsor: Mayor
 Ordinance amending Section 16.200 through Section 16.222 of the San Francisco
 Administrative Code regarding Employee Relations to update provisions consistent with
 state and local law and related clean-up provisions.
 10/26/2010; CONTINUED ON FIRST READING.

 11/09/2010; CONTINUED ON FIRST READING.

 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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

3. 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)
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

4. 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)
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

5. 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)
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

6. 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)
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

7. 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)
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 REGULAR AGENDA

 UNFINISHED BUSINESS

 Vetoed by the Mayor
 Consideration of the Mayor's veto pursuant to Charter Section 2.106 of an Ordinance
 amending the San Francisco Health Code by adding Sections 471.1 through 471.9, to
 set nutritional standards for restaurant food sold accompanied by toys or other youth
 focused incentive items.

8. 101096 [Health Code - Setting Nutritional Standards for Restaurant Food Sold
 Accompanied by Toys or Other Youth Focused Incentive Items]
 Sponsors: Mar; Campos, Chiu and Avalos
 Ordinance amending Article 8 of the San Francisco Health Code by adding Sections
 471.1 through 471.9, to set nutritional standards for restaurant food sold accompanied by
 toys or other youth focused incentive items.

 NOTE: This action requires two-thirds vote. The Board may not amend the ordinance
 and may only vote in favor or in opposition to the veto override. The Board of
 Supervisors must act on the veto override within 30 days of the date of the veto. The
 Mayor vetoed the Ordinance on November 12, 2010. Therefore, the Board will lose the
 ability to override the veto unless it votes on the veto override on or before December 12,
 2010.
 10/19/2010; CONTINUED ON FIRST READING.

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

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

 11/09/2010; FINALLY PASSED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

9. 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.
 11/16/2010; CONTINUED.

 Question: Shall this Resolution be ADOPTED?

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

10. 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.
 11/16/2010; PASSED, ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

11. 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.
 11/16/2010; AMENDED.

 11/16/2010; AMENDED.

 11/16/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

12. 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.
 11/16/2010; AMENDED.

 11/16/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

13. 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.
 11/16/2010; PASSED ON FIRST READING.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

14. 100455 [Environment Code - San Francisco Safe Drug Disposal Ordinance]
 Sponsor: Mirkarimi
 Ordinance amending the San Francisco Environment Code by adding Chapter 22,
 Sections 2201 through 2211, to: require any person who produces a drug offered for sale
 in San Francisco to participate in an approved drug stewardship program for the
 collection and disposal of unwanted drugs from residential sources; provide for
 implementation, enforcement, fees, and penalties; and phase-in the application of the
 Chapter to non-prescription drugs and controlled substances; and making environmental
 findings.

 (Supervisor Elsbernd dissented in Committee.)
 10/26/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 10/26/2010; CONTINUED AS AMENDED ON FIRST READING.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

15. 101062 [Health Code - Updating Enforcement and Compliance Procedures for
 Nuisance]
 Sponsors: Avalos; Campos
 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.
 10/26/2010; CONTINUED ON FIRST READING. Supervisor Campos requested to be added as a co-sponsor.

 11/16/2010; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.

 11/16/2010; PASSED ON FIRST READING AS AMENDED.

 Question: Shall this Ordinance be FINALLY PASSED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 NEW BUSINESS

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

16. 101331 [Prevailing Wage Rates - Various Workers Performing Work Under City
 Contracts]
 Resolution fixing prevailing wage rates for: (1) workers performing work under City
 contracts for public work and improvement; (2) workers performing work under City
 contracts for janitorial services; (3) workers performing work in public off-street parking
 lots, garages, or storage facilities for automobiles on property owned or leased by the
 City; (4) workers engaged in theatrical or technical services for shows on property owned
 by the City; (5) workers performing moving services under City contracts at facilities
 owned or leased by the City; and (6) workers engaged in the hauling of solid waste
 generated by the City in the course of City operations, pursuant to a contract with the
 City. (City Attorney)

 Question: Shall this Resolution be ADOPTED?

17. 101386 [Water Revenue Bonds Issuance for 2010 - Not to Exceed $600,000,000]
 Sponsor: Elsbernd
 Resolution approving the issuance of water revenue bonds and water revenue refunding
 bonds in an aggregate principal amount not to exceed $600,000,000 to be issued by the
 Public Utilities Commission of the City and County of San Francisco; affirming covenants
 contained in the indenture pursuant to which the water revenue bonds are issued;
 authorizing the taking of appropriate actions in connection therewith; and related matters.

 Question: Shall this Resolution be ADOPTED?

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

18. 101075 [Building Code - Development Fee Collection Procedure and Administrative
 Fee]
 Sponsor: Mayor
 Ordinance amending the San Francisco Building Code by amending Section 107A.13 to
 modify the method of calculating the development fee deferral surcharge rate and to
 clarify when a project sponsor may elect to defer the payment of development impact
 and in-lieu fees, adopting environmental finding.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

19. 101193 [Approving General Plan Amendments in Connection with the Better Streets
 Plan]
 Sponsors: Mayor; Mar
 Ordinance amending the Urban Design and Transportation Elements of the San
 Francisco General Plan to incorporate the San Francisco Better Streets Plan by
 reference, and to make objectives and policies relating to pedestrian transportation
 consistent with the Better Streets Plan; making environmental findings that the proposed
 amendments are consistent with the General Plan and the eight priority policies of the
 Planning Code Section 101.1.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

20. 101194 [Administrative Code, Public Works Code and Subdivision Code - Better
 Streets Plan Implementation]
 Sponsors: Mayor; Mar
 Ordinance adopting the Better Streets Plan; amending Chapter 98.1 of the Administrative
 Code to require street improvements to conform with the policies and guidance of the
 San Francisco Better Streets Plan (Better Streets Plan); amending various sections of
 the Planning Code to consolidate requirements for street improvements; to require street
 improvements to follow the policies and guidance of the Better Streets Plan; to expand
 and modify existing requirements for provision of street trees; to require specified
 projects to submit a streetscape plan with application submission; and to describe
 additional requirements for certain areas of the City subject to neighborhood streetscape
 plans, including Downtown and Rincon Hill; amending various sections of the Public
 Works Code to be consistent with the Better Streets Plan, including waiving public
 right-of-way occupancy fees for Better Streets Plan elements; amending Sections 1335,
 1336, and 1337 of the Subdivision Code to require streetscape, pedestrian, and
 stormwater improvements consistent with the Better Streets Plan as part of subdivision
 approvals; and making findings, including environmental findings and findings that the
 Planning Code amendments and General Plan amendments are consistent, on balance,
 with the General Plan and Planning Code Section 101.1.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

21. 101219 [Relocation Impact Study and Last Resort Housing Plan for Central Subway
 Project]
 Ordinance approving the San Francisco Municipal Transportation Agency's Relocation
 Impact Study and Last Resort Housing Plan for the Central Subway Project. (Municipal
 Transportation Agency)

 Question: Shall this Ordinance be PASSED ON FIRST READING?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

22. 101190 [Police Code - Registration and Other Requirements for Event Promoters]
 Sponsors: Chiu; Maxwell
 Ordinance adding Article 15.7 to the San Francisco Police Code, requiring event
 promoters to register with the Entertainment Commission; prohibiting holders of certain
 entertainment-related permits, and registered promoters, from retaining an unregistered
 promoter to hold an event; and authorizing under certain circumstances for certain
 promoters reporting requirements, increased security plan requirements for events they
 promote, general liability insurance requirements, a criminal background check
 requirement, and other requirements.

 Question: Shall this Ordinance be PASSED ON FIRST READING?

 SPECIAL ORDER 3:00 P.M.

 Board of Supervisors Sitting as a Committee of the Whole
 (Pending approval of Item No. 33, File No. 101455.)

23. 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)

 Question: Shall this Hearing be HEARD AT PUBLIC HEARING?

 Committee of the Whole Adjourn and Report

24. 101457 [Creating a Process for the Appointment of a Successor Mayor; Possibly
 Amending Rules of Order]
 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)

 Question: Shall this Motion be APPROVED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 SPECIAL ORDER 3:00 P.M.

 Board of Supervisors Sitting as a Committee of the Whole
 (Pending approval of Item 34, File No. 101465.)

25. 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.

 Question: Shall this Hearing be HEARD AT PUBLIC HEARING?

 Committee of the Whole Adjourn and Report

26. 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.

 Question: Shall this Motion be APPROVED?

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

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

 The following items will be considered by the Rules Committee at a Regular Meeting on
 Thursday, November 18, 2010, at 10:00 a.m. The Chair intends to request the
 Committee to send the following items to the Board as a committee report on Tuesday,
 November 23, 2010.

 (Only one of the following two motions should be approved.)

27. 101237 [Appointment, Planning Commission - Rodney Fong]
 Sponsor: Mayor
 Motion approving the Mayor’s appointment of Rodney Fong to the Planning Commission
 term ending July 1, 2014.

 (Section 4.105 of the City Charter provides that this nomination is subject to approval by
 the Board of Supervisors and shall be the subject of a public hearing and vote within 60
 days from the date the nomination is transmitted to the Clerk of the Board. If the Board
 fails to act on the nomination within 60 days of the date the nomination is transmitted to
 the Clerk then the nominee shall be deemed approved; companion measure to File No.
 101238. Transmittal date - September 24, 2010.)

 Question: Shall this Motion be APPROVED?

28. 101238 [Appointment, Planning Commission - Rodney Fong]
 Motion rejecting the Mayor’s appointment of Rodney Fong to the Planning Commission
 term ending July 1, 2014.

 (Section 4.105 of the City Charter provides that this nomination is subject to approval by
 the Board of Supervisors and shall be the subject of a public hearing and vote within 60
 days from the date the nomination is transmitted to the Clerk of the Board. If the Board
 fails to act on the nomination within 60 days of the date the nomination is transmitted to
 the Clerk then the nominee shall be deemed approved; companion measure to File No.
 101237. Transmittal date - September 24, 2010.)

 Question: Shall this Motion be APPROVED?

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

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

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

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

 Items 29 through 34

29. 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.
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

30. 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.
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

31. 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.
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Resolution be ADOPTED?

32. 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.
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

33. 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)
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

34. 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.
 11/16/2010; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
 BOARD MEETING.

 Question: Shall this Motion be APPROVED?

 Questions on the For Adoption Without Committee Reference
 Agenda:_________________________________________

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

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

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

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

 [Brown Act Finding]
 Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there
 is a need to take immediate action. The need to take action came to the attention of the City and
 County of San Francisco after the agenda was posted.

 LEGISLATION INTRODUCED AT ROLL CALL

 PROPOSED ORDINANCES
 Proposed ordinances received from November 9, 2010, to November 15, 2010, for
 reference by President to appropriate committee on November 23, 2010.

 101463 [Settlement of Lawsuit - Lexington Insurance - City to Receive $2,750,000;
 Appropriating Settlement Proceeds]
 Ordinance authorizing settlement of the lawsuit entitled City and County of San Francisco
 v. Lexington Insurance Company, San Francisco County Superior Court Case No:
 CGC-10-498967 (Action), removed to United States District Court, N.D. Cal., Case No:
 3:10-CV1-02188-SI, arising from an insurance coverage dispute involving a claims-made
 Designers and Construction (i.e., professional liability) Project Specific Professional
 Liability and Pollution Liability Policy issued by Lexington Insurance Company (Lexington)
 to the San Francisco Public Utilities Commission for the period February 1, 2002, to
 February 1, 2006, policy number 1152114 (Lexington Policy), calling for payment of
 $2,750,000 from Lexington to the City and County of San Francisco and including other
 material terms of said settlement: (1) Lexington will have no further obligations under the
 Lexington Policy and said policy shall be considered null and void and of no further force
 and effect; (2) San Francisco will defend and hold harmless and indemnify Lexington
 from and against any demand against Lexington made under the Lexington Policy; (3) all
 parties will execute a mutual release; (4) San Francisco will execute and file a dismissal
 of all claims with prejudice; (5) the City and Lexington each shall bear its own legal costs
 and fees arising from this action; and appropriating the full proceeds from the settlement
 to fund the San Francisco Public Utilities Commission's attorney fees and legal expenses
 related to certain pending litigation matters. (City Attorney)
 11/15/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 101464 [Planning Code - Zoning - Amendment of Upper Market Neighborhood
 Commercial District; Extension of Market and Octavia Community
 Infrastructure Fee Area]
 Ordinance amending the San Francisco Planning Code by amending Sections 134,
 145.4, 151.1, 155, 207.7, 207.8, 263.20, 401, 416, 416.3, 416.5, 421.1, 421.3, 421.5,
 721, and 721.1 to amend the Upper Market Street Neighborhood Commercial District
 and to extend the Market and Octavia Community Infrastructure Fee area to include the
 portion of the Upper Market Street Neighborhood Commercial District lying outside the
 Market and Octavia Plan area; adopting findings, including environmental findings,
 Section 302 findings, and findings of consistency with the General Plan and the Priority
 Policies of Planning Code Section 101.1. (Planning Commission)
 11/15/2010; ASSIGNED UNDER 30 DAY RULE to the Land Use and Economic Development Committee.

 PROPOSED RESOLUTIONS
 Proposed resolutions received from November 9, 2010, to November 15, 2010, for
 reference by President to appropriate committee on November 23, 2010.

 101460 [Airport Concession Lease - Melshire DFW, L.P.]
 Resolution approving the Terminal 2 Specialty Store Lease between Melshire DFW, L.P.
 dba Natalie’s Candy Jar, and the City and County of San Francisco, acting by and
 through its Airport Commission. (Airport Commission)
 11/10/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 101461 [Contract Amendment - Sunol Valley Regional Construction Management
 Services - Water System Improvement Program Projects - Not to Exceed
 $19,000,000]
 Resolution authorizing an amendment to the San Francisco Public Utilities Commission
 contract CS- 915R for Sunol Valley Regional Construction Management Services in the
 amount not to exceed $ 3,000,000, for a total agreement not to exceed amount of
 $19,000,000 to fund Construction Management Services for Bioregional Habitat
 Restoration actions required for various Water System Improvement Program Projects
 within the Sunol Valley Region, Alameda County, pursuant to Charter Section 9.118, and
 adopting findings pursuant to the California Environmental Quality Act. (Public Utilities
 Commission)
 11/15/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

 101462 [Contract Amendment - Peninsula Habitat Restoration Construction
 Management Services - Water System Improvement Program Projects - Not to
 Exceed $26,000,000]
 Resolution authorizing an amendment to the San Francisco Public Utilities Commission
 Contract No. CS- 916 for Peninsula Regional Construction Management Services in the
 amount not to exceed $ 4,000,000, for a total agreement not to exceed amount of
 $26,000,000 to fund Construction Management Services for Bioregional Habitat
 Restoration actions required for various Water System Improvement Program Projects
 within the Peninsula Region, San Mateo County, pursuant to Charter Section 9.118, and
 adopting findings pursuant to the California Environmental Quality Act. (Public Utilities
 Commission)
 11/15/2010; RECEIVED AND ASSIGNED to the Budget and Finance Committee.

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 101459 [Petitions and Communications]
 Petitions and Communications received from November 9, 2010, through November 15,
 2010, for reference by the President to Committee considering related matters, or to be
 ordered filed by the Clerk on November 23, 2010.

 From Luce, Forward, Hamilton & Scripps LLP, submitting opposition to proposed
 resolution regarding enforcement of preservation and restoration of Sacred Heart
 Church. File No. 100765, Copy: Each Supervisor (1)

 From Office of the Mayor, submitting a letter communicating the veto of ordinance that
 proposes a prohibition on the inclusion of incentives such as toys in certain types of fast
 food meals. File No. 101096, Copy: Each Supervisor (2)

 From concerned citizens, submitting opposition to proposed legislation regarding setting
 nutritional standards for restaurant food sold accompanied by toys or other youth focused
 incentive items. File No. 101096, 11 letters (3)

 From Kimo Crossman, regarding Best Practices on how the Sunshine Ordinance Task
 Force, Ethics Commission, and the City Attorney should post their cases and rulings
 online. (4)

 From concerned citizens, submitting support for proposed legislation regarding Safe
 Drug Disposal. File No. 100455, 7 letters (5)

 From Carla K., submitting support for the new North Beach Branch Library. File No.
 101203 (6)

 From Aaron Goodman, concerning California’s Environmental Quality Act Procedures,
 Appeals, and Public Notices. File No. 100495 (7)

 From Office of the Controller, submitting the results of the follow-up review of the Branch
 Library Improvement Program. (8)

 From Office of the Controller, submitting report referred to as Resources for Improved
 Streetscape Design and Maintenance. (9)

 From Francisco Da Costa, regarding San Francisco’s Local Hiring Policy for construction
 and related matters. (10)

 From Stewart McKenzie, regarding bike lanes on Division Street. Copy: Supervisor Daly
 (11)

 From Ray Hartz, regarding the Sunshine Ordinance Task Force and the Ethics
 Commission. (12)

 From Juliana Flint, regarding the ban on sitting on city sidewalks. (13)

 From Magda Havas, concerning the proposed cell tower for dome of Ner Tamid
 Synagogue. (14)

 From Jennifer Blum, regarding the First Responder training program. (15)

 From Roy Blakely, regarding crime in the San Francisco. Copy: Supervisor Chiu (16)

 From Aaron Goodman, regarding the long-term impacts of extensive redevelopment by
 two agencies. (17)

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Board of Supervisors Meeting Agenda Tuesday, November 23, 2010

 From California Public Utilities Commission, submitting notification that Pacific Gas and
 Electric Company has filed an application to recover costs from contributing matching
 funds to support the establishment of a photovoltaic manufacturing development facility.
 Copy: Each Supervisor (18)

 From Municipal Transportation Agency, responding to request to identify staff contacts
 for the purpose of participating in a Japantown City Agency Work Group. (Reference No.
 20101005-009) (19)

 From concerned citizens, submitting various views on an ordinance that proposes a
 prohibition on the inclusion of incentives such as toys in certain types of fast food meals.
 File No. 101096, 3 letters (20)

 From Office of the Controller, submitting the results of the follow-up review of the Branch
 Library Improvement Program Audit. (21)

 From Civil Service Commission, submitting the Civil Service Commission meeting
 schedule for calendar year 2011. Copy: Each Supervisor (22)

 From the Arts Commission, submitting their quarterly report on expenditures for the first
 quarter ending September 30, 2010. Copy: Each Supervisor (23)

 ADJOURNMENT

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