# Board of Supervisors Minutes: November 23, 2010

- Meeting date: 2010-11-23
- Document type: minutes
- Source format: PDF
- Extracted pages: 28
- [Canonical HTML transcript](https://sfbos.info/documents/2039/2010-11-23-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m112310.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: 2-3
- Sponsors: Mayor

### File 101157: Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations

- Pages: 3
- Sponsors: Mayor

### File 101289: Settlement of Lawsuit - Nyree Monroe - Up to $31,000

- Pages: 3

### File 101290: Settlement of Lawsuit - Edward Kriete - $575,000

- Pages: 3

### File 101303: Settlement of Lawsuit - Viz Media, LLC - $219,000

- Pages: 3-4

### File 101340: Settlement of Lawsuit - Regal Stone, Ltd. - City to Receive $3,717,096.52

- Pages: 4
- Vote 1: final-passage, likely final
  - 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) Ordinance No. 305-10 FINALLY PASSED The foregoing items were acted upon by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101288: Settlement of Lawsuit - Cheryl Austin - $268,452

- Pages: 4
- Vote 1: final-passage, likely final
  - Action: 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) Ordinance No. 306-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 101096: Health Code - Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items

- Pages: 4-5
- Sponsors: Mar; Campos, Chiu and Avalos
- Vote 1: approval, likely final
  - Action: 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. APPROVED OVER THE MAYOR'S VETO by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

### File 091106: Approval of a Historical Property Contract for 1818 California Street (Lilienthal-Orville Pratt House)

- Pages: 5
- Sponsors: Alioto-Pier
- Vote 1: adoption, likely final
  - 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. Resolution No. 557-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101351: Planning Code - Zoning - Temporary Uses and Mobile Food Facilities

- Pages: 5
- Sponsors: Dufty
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 297-10 FINALLY PASSED 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: 5-6
- Sponsors: Dufty
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 298-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101057: Planning Code - Health Care Services Master Plan

- Pages: 6
- Sponsors: Campos; Mar, Maxwell, Mirkarimi, Avalos, Chiu and Daly
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 300-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

### File 101079: Administrative Code - Water Efficient Irrigation

- Pages: 6
- Sponsors: Mayor; Maxwell and Mar
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 301-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 100455: Environment Code - San Francisco Safe Drug Disposal Ordinance

- Pages: 6-7
- Sponsors: Mirkarimi
- Vote 1: amendment
  - Action: 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.) Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 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: City and County of San Francisco Page 1045 Printed at 1:28 pm on 1/6/11 Board of Supervisors Meeting Minutes 11/23/2010 Supervisor Mirkarimi, seconded by Supervisor Avalos, CONTINUED AS AMENDED ON FIRST READING to December 7, 2010, by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101062: Health Code - Updating Enforcement and Compliance Procedures for Nuisance

- Pages: 7
- Sponsors: Avalos; Campos
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 299-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101331: Prevailing Wage Rates - Various Workers Performing Work Under City Contracts

- Pages: 7
- Vote 1: adoption, likely final
  - Action: 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) Resolution No. 561-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101386: Water Revenue Bonds Issuance for 2010 - Not to Exceed $600,000,000

- Pages: 7-8
- Sponsors: Elsbernd
- Vote 1: adoption, likely final
  - Action: 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. Resolution No. 562-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101075: Building Code - Development Fee Collection Procedure and Administrative Fee

- Pages: 8
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 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. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101193: Approving General Plan Amendments in Connection with the Better Streets Plan

- Pages: 8-9
- Sponsors: Mayor; Mar and Campos
- Vote 1: first-reading
  - Action: 101193 [Approving General Plan Amendments in Connection with the Better Streets Plan] Sponsors: Mayor; Mar and Campos 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. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: rescission
  - Action: Supervisor Maxwell, seconded by Supervisor Dufty, moved to rescind the previous vote. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 3: amendment
  - Action: Supervisor Maxwell, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 3, Lines 15-21, by adding 'I. The Board of Supervisors also finds that the proposed General Plan Amendments in this legislation and the San Francisco Bicycle Transportation Plan and General Plan amendments related thereto are intended, in part, to satisfy the requirements of California Government Code Section 65302(b)(2)(A), a provision of the California Completed Streets Act of 2008. The Board adopted the Bicycle Transportation Plan and related General Plan amendments, in Ordinance No. 188-09, which is on file with the Clerk of the Board in File No. 090868 and incorporated herein by reference.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 4: 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 101194: Administrative Code, Public Works Code and Subdivision Code - Better Streets Plan Implementation

- Pages: 9
- Sponsors: Mayor; Mar and Campos
- Vote 1: first-reading
  - Action: 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. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101219: Relocation Impact Study and Last Resort Housing Plan for Central Subway Project

- Pages: 9
- Vote 1: first-reading
  - Action: 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) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101190: Police Code - Registration and Other Requirements for Event Promoters

- Pages: 9-10
- Sponsors: Chiu; Maxwell
- Vote 1: amendment
  - Action: 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. Supervisor Chiu, seconded by Supervisor Mirkarimi, AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: referral
  - Action: Supervisor Chiu, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED to the Public Safety Committee. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101456: Public Hearing - Process for the Appointment of a Successor Mayor; Possibly Amending Rules of Order

- Pages: 10

### File 101457: Creating a Process for the Appointment of a Successor Mayor

- Pages: 10-11
- Vote 1: amendment
  - Action: 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) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that Exhibit A to this Motion be AMENDED. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
  - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
- Vote 2: approval, likely final
  - Action: Motion No. M10-178 APPROVED AS AMENDED. The motion FAILED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
  - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
- Vote 3: amendment
  - Action: Supervisor Daly, seconded by Supervisor Mirkarimi, moved that Exhibit A to this Motion be AMENDED to remove that would require a two-thirds vote according to Roberts' Rules of Order. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
  - Noes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
- Vote 4: amendment
  - Action: City and County of San Francisco Page 1049 Printed at 1:28 pm on 1/6/11 Board of Supervisors Meeting Minutes 11/23/2010 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1, Lines 1-2 by deleting '; Possibly Amending Rules of Order' and Lines 5-6 by deleting '; possibly amending the Rules of Order by adding a new Section 7,' and Lines 6-7 by deleting '; and waiving Rules 4.38, which refers amendments to the Rules of Order to the Rules Committee.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 5: approval, likely final
  - Action: Motion to consider and approve a one-time process to appoint a successor Mayor, if a vacancy occurs and create said process. (Clerk of the Board) Motion No. M10-178 APPROVED AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101466: Public Hearing - Appointment of a Successor Mayor

- Pages: 11
- Sponsors: Daly

### File 101467: Appointment of a Successor Mayor

- Pages: 11-12
- Sponsors: Daly

### File 101237: Appointment, Planning Commission - Rodney Fong

- Pages: 12
- Sponsors: Mayor
- Vote 1: approval, likely final
  - Action: 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.) Motion No. M10-175 APPROVED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101238: Appointment, Planning Commission - Rodney Fong

- Pages: 12-13
- Vote 1: tabling
  - Action: 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.) Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101390: Gift Acceptance - Equipment and Furnishings - $14,000

- Pages: 13
- Sponsors: Elsbernd

### File 101451: Accept and Expend Grant - High Risk Program and Pest Exclusion/Nursery Inspection - $47,796

- Pages: 13
- Sponsors: Alioto-Pier

### File 101452: Accept and Expend Grant - Crucial Transitions in Young Opioid Users in Iran - $6,280

- Pages: 13-14
- Sponsors: Chu
- Vote 1: adoption, likely final
  - Action: 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. Resolution No. 558-10 ADOPTED The foregoing items were acted upon by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### 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: 14
- Sponsors: Daly
- Vote 1: amendment
  - Action: 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. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 2, Lines 10-14, by replacing '85 Natoma Street (File Nos. 101441 and 101442) (Block No. 3721, Lot Nos. 109-118)' with '13 parking easement interests across and through 85 Natoma Street (File Nos. 101441 and 101442) (Benefitted parcels Block No. 3721, Lot Nos. 093-105; burdened parcels Block No. 3721, Lot Nos. 109-118).' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: approval, likely final
  - Action: Motion No. M10-176 APPROVED AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### 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: 14-15
- Vote 1: approval, likely final
  - Action: 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) Motion No. M10-177 APPROVED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### 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: 15
- Sponsors: Daly
- Vote 1: amendment
  - Action: 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. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1, Line 5, by replacing 'November 23' with 'December 7' and Line 9 by replacing 'November 23' with 'December 7.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: continuance
  - Action: Motion that the Board of Supervisors convene as a Committee of the Whole on December 7, 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. Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED AS AMENDED to December 7, 2010. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101493: Charter - Compensation of Board of Education Members

- Pages: 15-16
- Sponsors: Dufty; Campos, Mar, Avalos and Chiu

### File 101410: Airport Promotion and Event Fund

- Pages: 16
- Sponsors: Mayor

### File 101419: Environment Code - Cell Phones; Retailers' Duty to Disclose Specific Absorption Rate Values

- Pages: 16
- Sponsors: Mar

### File 101422: Transportation Code, Police Code - Motor Vehicles for Hire and Enforcing Parking Laws

- Pages: 16
- Sponsors: Chiu

### File 101478: Park Code - Single Entrance Fee for Visitors to Enter Multiple Recreation and Park Sites

- Pages: 16-17
- Sponsors: Mirkarimi

### File 101480: Administrative Code - Reentry Council; Composition of Membership, Powers and Duties, and Sunset Date

- Pages: 17
- Sponsors: Mirkarimi

### File 101311: Administrative Code - San Francisco Local Hiring Policy for Construction

- Pages: 17
- Sponsors: Avalos; Mirkarimi, Campos, Daly and Mar

### File 101105: Environment Code - Existing Commercial Buildings Energy Performance

- Pages: 17-18
- Sponsors: Mayor; Dufty and Chiu

### File 101091: Planning Code - Notice Requirement for "Other Entertainment Uses" in the Van Ness Avenue Special Use District

- Pages: 18
- Sponsors: Alioto-Pier; Chiu

### File 101413: Accept and Expend Grant - Congestion Management Agency Block Grant - $11,553,000

- Pages: 18
- Sponsors: Mayor

### File 101416: Management Agreement/Lease - Stow Lake Boathouse, LLC - Operation of the Stow Lake Boathouse Concession

- Pages: 18
- Sponsors: Mar

### File 101425: Protecting and Preserving the Palace of Fine Arts Swans

- Pages: 18
- Sponsors: Alioto-Pier

### File 101428: Grant Agreements - Bicycle Projects - $166,200

- Pages: 18-19
- Sponsors: Mar

### File 101431: Lease - Portsmouth Plaza Parking Corporation for Operation of the Portsmouth Square Garage

- Pages: 19
- Sponsors: Chiu

### File 101437: Ground Lease - Redevelopment Agency Land at 701 Golden Gate Avenue to Mary Helen Rogers Senior Community, LP

- Pages: 19
- Sponsors: Daly

### File 101453: Professional Services Agreement - Howard, Needles, Tammen & Bergendoff - $11,704,955

- Pages: 19
- Sponsors: Mayor

### File 101482: Annual Reports - Castro/Upper Market Community Benefit District

- Pages: 19
- Sponsors: Dufty

### File 101484: Accept and Expend Grant - Bayview Hunters Point Healthy Homes Project - $249,555

- Pages: 19-20
- Sponsors: Maxwell

### File 101485: Southeast Digester Task Force - Biosolids Digester Facility Project

- Pages: 20
- Sponsors: Maxwell

### File 101486: Commending the Community Benefits Program

- Pages: 20
- Sponsors: Maxwell

### File 101487: Single Room Occupancy Task Force

- Pages: 20
- Sponsors: Dufty; Campos

### File 101488: Assessment Ballots for City Parcels to Form the Proposed Civic Center Community Benefit District

- Pages: 20
- Sponsors: Mayor

### File 101489: Authorizing Use of General Fund Dollars as Matching Funds for Federal Medicaid Funding

- Pages: 20-21
- Sponsors: Mayor

### File 101259: 34th America's Cup Host City Agreement and Finding of Fiscal Feasibility

- Pages: 21
- Sponsors: Mayor; Chiu, Mirkarimi, Alioto-Pier, Chu, Dufty and Maxwell

### File 101434: Committee of the Whole - Public Hearing on Ground Lease of Redevelopment Agency Land at 701 Golden Gate Avenue to Mary Helen Rogers Senior Community, LP

- Pages: 21
- Sponsors: Daly

### File 101490: Hearing - Short-Turning of Light Rail Vehicles

- Pages: 21-22
- Sponsors: Chu

### File 101491: Hearing - Haight Ashbury Neighborhood Council's Recycling Center and Plant Nursery

- Pages: 22
- Sponsors: Mirkarimi

### File 101492: Hearing - Public Utilities Commission Energy Resources Plan

- Pages: 22-23
- Sponsors: Maxwell

### File 101463: Settlement of Lawsuit - Lexington Insurance - City to Receive $2,750,000; Appropriating Settlement Proceeds

- Pages: 23

### File 101464: Planning Code - Zoning - Amendment of Upper Market Neighborhood Commercial District; Extension of Market and Octavia Community Infrastructure Fee Area

- Pages: 23

### File 101460: Airport Concession Lease - Melshire DFW, L.P.

- Pages: 23-24

### File 101461: Contract Amendment - Sunol Valley Regional Construction Management Services - Water System Improvement Program Projects - Not to Exceed $19,000,000

- Pages: 24

### File 101462: Contract Amendment - Peninsula Habitat Restoration Construction Management Services - Water System Improvement Program Projects - Not to Exceed $26,000,000

- Pages: 24-28

## Extracted text

### [Page 1](https://sfbos.info/documents/2039/2010-11-23-minutes#page-1)

BOARD OF SUPERVISORS
 CITY AND COUNTY OF SAN FRANCISCO

 MEETING MINUTES

 Tuesday, November 23, 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 39

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Board of Supervisors Meeting Minutes 11/23/2010

 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 2:16 p.m. On the call of the roll, all Supervisors were noted
 present.

AGENDA CHANGES
 There were none.

APPROVAL OF MEETING MINUTES
 Supervisor Dufty, seconded by Supervisor Mirkarimi, moved to approve the Board Meeting Minutes of
 October 19, 2010. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

COMMUNICATIONS
 There were none.

CONSENT AGENDA

Recommendation 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.
 Ordinance No. 295-10
 FINALLY PASSED

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Board of Supervisors Meeting Minutes 11/23/2010

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.
 Ordinance No. 296-10
 FINALLY PASSED

Recommendations of the Rules Committee

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)
 Ordinance No. 304-10
 FINALLY PASSED

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)
 Ordinance No. 303-10
 FINALLY PASSED

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)
 Ordinance No. 302-10
 FINALLY PASSED

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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)
 Ordinance No. 305-10
 FINALLY PASSED

 The foregoing items were acted upon by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Severed from the Consent Agenda
 Supervisor Elsbernd requested that File No. 101288 be severed so that it may be considered
 separately.

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)
 Ordinance No. 306-10
 FINALLY PASSED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

REGULAR AGENDA

UNFINISHED BUSINESS

Vetoed by the Mayor

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.
 APPROVED OVER THE MAYOR'S VETO by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

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Recommendation of the Budget and Finance Committee

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.
 Resolution No. 557-10
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendations of the City Operations and Neighborhood Services Committee

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.
 Ordinance No. 297-10
 FINALLY PASSED 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.
 Ordinance No. 298-10
 FINALLY PASSED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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Recommendations 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.
 Ordinance No. 300-10
 FINALLY PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

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.
 Ordinance No. 301-10
 FINALLY PASSED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

Recommendations of the Public Safety Committee

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.)
 Supervisor Mirkarimi, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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 Supervisor Mirkarimi, seconded by Supervisor Avalos, CONTINUED AS AMENDED ON FIRST
 READING to December 7, 2010, by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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.
 Ordinance No. 299-10
 FINALLY PASSED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

NEW BUSINESS

Recommendations of the Budget and Finance Committee

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)
 Resolution No. 561-10
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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.
 Resolution No. 562-10
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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Recommendations of the Land Use and Economic Development Committee

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.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101193 [Approving General Plan Amendments in Connection with the Better Streets Plan]
 Sponsors: Mayor; Mar and Campos
 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.
 Supervisor Campos requested to be added as a co-sponsor.

 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

 Supervisor Maxwell, seconded by Supervisor Dufty, moved to rescind the previous vote. The
 motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Supervisor Maxwell, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page
 3, Lines 15-21, by adding 'I. The Board of Supervisors also finds that the proposed General Plan
 Amendments in this legislation and the San Francisco Bicycle Transportation Plan and General Plan
 amendments related thereto are intended, in part, to satisfy the requirements of California
 Government Code Section 65302(b)(2)(A), a provision of the California Completed Streets Act of 2008.
 The Board adopted the Bicycle Transportation Plan and related General Plan amendments, in
 Ordinance No. 188-09, which is on file with the Clerk of the Board in File No. 090868 and incorporated
 herein by reference.' 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

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101194 [Administrative Code, Public Works Code and Subdivision Code - Better Streets
 Plan Implementation]
 Sponsors: Mayor; Mar and Campos
 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.
 Supervisor Campos requested to be added as a co-sponsor.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendation of the Public Safety Committee

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.
 Supervisor Chiu, seconded by Supervisor Mirkarimi, AMENDED, AN AMENDMENT OF THE WHOLE
 BEARING SAME TITLE by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Supervisor Chiu, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED to
 the Public Safety Committee. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

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)
 The President inquired as to whether any member of the public wished to address the Board
 relating to the proposed selection process as referenced in File No. 101457. Angela Calvillo, Clerk
 of the Board, provided an overview of the proposed process. A question and answer period
 followed. Ms. Calvillo responded to questions raised throughout the discussion. Francisco
 DaCosta; Abdallah Megaheed; Walter Paulson; Stephanie Lemos; Julian Davis; Daniel Landry;
 Male Speaker; Eric Brooks; Douglas Yep; Antonio Morales; Male Speaker; Male Speaker; Female
 Speaker; Otto Duffy; expressed various concerns relating to proposed process. There were no
 other speakers. Another question and answer period followed. Orry P. Korb and Nancy J. Clark,
 Outside Counsel from Santa Clara County, responded to questions raised throughout the
 discussion. 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

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)
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that Exhibit A to this Motion be
 AMENDED. The motion carried by the following vote:
 Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
 Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
 Motion No. M10-178
 APPROVED AS AMENDED. The motion FAILED by the following vote:
 Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
 Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that Exhibit A to this Motion be
 AMENDED to remove that would require a two-thirds vote according to Roberts' Rules of Order. The
 motion carried by the following vote:
 Ayes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi
 Noes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell

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 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1,
 Lines 1-2 by deleting '; Possibly Amending Rules of Order' and Lines 5-6 by deleting '; possibly
 amending the Rules of Order by adding a new Section 7,' and Lines 6-7 by deleting '; and waiving
 Rules 4.38, which refers amendments to the Rules of Order to the Rules Committee.' The motion
 carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Motion to consider and approve a one-time process to appoint a successor Mayor, if a vacancy
 occurs and create said process. (Clerk of the Board)
 Motion No. M10-178
 APPROVED AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

SPECIAL ORDER 3:00 P.M.

Board of Supervisors Sitting as a Committee of the Whole

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.
 Pursuant to the actions of File No. 101465 this Hearing is CONTINUED to December 7, 2010.

Committee of the Whole Adjourn and Report

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.
 Pursuant to the actions of File No. 101465 this Motion is CONTINUED to December 7, 2010.

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

Privilege of the Floor
 Supervisor Chu, seconded by Supervisor Avalos, 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 guests. The motion carried
 by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Supervisor Chu introduced, welcomed, and presented a Certificate of Honor to the members of the
 Caper Cutters in recognition of 60 years of do-se-doing, their accomplishments, and continued
 community support.

 Supervisor Avalos introduced, welcomed, and presented a Certificate of Honor to MamaCoAtl
 Chantiko in recognition of her accomplishments and continued community support.

COMMITTEE REPORTS

From the Rules Committee Without Recommendation

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.)
 Motion No. M10-175
 APPROVED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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.)
 Supervisor Dufty, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The
 motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
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ROLL CALL FOR INTRODUCTIONS
 See Legislation Introduced below.

PUBLIC COMMENT
 Abdallah Megahed; expressed various concerns.
 James Chaffee; expressed concerns relating to the SF Public Library.
 Walter Paulson; shared in song certain concerns with the Board.
 Female Speaker; expressed concerns relating to appointing successor Mayor.
 Male Speaker; expressed concerns relating to security guards and officers.
 Francisco DaCosta; expressed various concerns.

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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.
 Resolution No. 560-10
 ADOPTED

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.
 Resolution No. 559-10
 ADOPTED

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.
 Resolution No. 558-10
 ADOPTED

 The foregoing items were acted upon by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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Severed from the For Adoption Without Committee Reference Agenda
 Supervisor Daly requested that File No. 101407 be severed so that it may be considered
 separately.

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.
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 2,
 Lines 10-14, by replacing '85 Natoma Street (File Nos. 101441 and 101442) (Block No. 3721, Lot Nos.
 109-118)' with '13 parking easement interests across and through 85 Natoma Street (File Nos. 101441
 and 101442) (Benefitted parcels Block No. 3721, Lot Nos. 093-105; burdened parcels Block No. 3721,
 Lot Nos. 109-118).' The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Motion No. M10-176
 APPROVED AS AMENDED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

.
 Supervisor Chiu requested that File Nos. 101455 and 101465 be severed so that they may be
 considered separately.

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)
 Motion No. M10-177
 APPROVED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

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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.
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be AMENDED on Page 1,
 Line 5, by replacing 'November 23' with 'December 7' and Line 9 by replacing 'November 23' with
 'December 7.' The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Motion that the Board of Supervisors convene as a Committee of the Whole on December 7, 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.
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be CONTINUED AS
 AMENDED to December 7, 2010. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

IMPERATIVE AGENDA
 There were none.

LEGISLATION INTRODUCED AT ROLL CALL

Introduced by a Supervisor or Mayor

Charter Amendment

101493 [Charter - Compensation of Board of Education Members]
 Sponsors: Dufty; Campos, Mar, Avalos and Chiu
 Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by
 amending Sections 8.100, 12.202, and A8.502, to increase the compensation for members of the
 Board of Education from a monthly stipend of $500 to $50,000 per year, allow members to
 participate in the City's employee health and pension systems, establish training and professional
 development requirements, and require the City annually to appropriate to the Unified School
 District an amount sufficient to pay the salaries and benefits of the members of the Board of
 Education.
 11/23/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/23/2010.

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Ordinances

101410 [Airport Promotion and Event Fund]
 Sponsor: Mayor
 Ordinance establishing a special fund to receive donations and authorizing expenditures for the
 purpose of holding events to promote the opening of the newly renovated Terminal 2 of the San
 Francisco International Airport; and deleting obsolete provisions.
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

101419 [Environment Code - Cell Phones; Retailers' Duty to Disclose Specific Absorption
 Rate Values]
 Sponsor: Mar
 Ordinance amending the San Francisco Environment Code by amending Sections 1103 and 1105,
 to require cell phone retailers to provide customers upon request with factsheets regarding Specific
 Absorption Rate values for cell phones and the use of cell phones, and to delay the enforcement
 date for certain provisions of the Chapter 11, the "Cell Phone Right-to-Know Ordinance," and
 making environmental findings.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

101422 [Transportation Code, Police Code - Motor Vehicles for Hire and Enforcing Parking
 Laws]
 Sponsor: Chiu
 Ordinance amending Article 3 of Division I of the San Francisco Transportation Code to allow
 certain Municipal Transportation Agency employees to enforce specified parking laws and order
 removal of vehicles, and amending Article 7 of Division I of the Transportation Code to make it a
 misdemeanor to operate a taxi, a dispatch service, or a color scheme, or to drive a motor vehicle
 for hire, without a permit, to solicit or accept payment for referral of passengers to a motor vehicle
 for hire, to solicit or accept payment for motor vehicle for hire shifts, assignments or dispatch calls,
 to knowingly make false or misleading representations in connection with application for, renewal
 of, possible revocation of, or operation of a vehicle pursuant to a permit issued under Article 1100
 of the San Francisco Transportation Code, to refuse to pay the legal fare to a driver of a motor
 vehicle for hire, and to charge excessive rates for transport in a motor vehicle for hire; and
 amending the San Francisco Police Code by deleting Sections 1078, 1089, 1105, 1110, 1132,
 1135, and 1145.
 11/23/10; ASSIGNED UNDER 30 DAY RULE to Public Safety Committee, expires on 12/23/2010.

101478 [Park Code - Single Entrance Fee for Visitors to Enter Multiple Recreation and Park
 Sites]
 Sponsor: Mirkarimi
 Ordinance amending San Francisco Park Code, Article 12, by adding Section 12.49 to: 1) establish
 entrance fees for multiple park facilities; 2) require Commission approval of contracts and grants
 for the collection of fees; and making environmental findings.
 (Fiscal Impact.)
 11/23/10; ASSIGNED UNDER 30 DAY RULE to City Operations and Neighborhood Services Committee.

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101480 [Administrative Code - Reentry Council; Composition of Membership, Powers and
 Duties, and Sunset Date]
 Sponsor: Mirkarimi
 Ordinance amending San Francisco Administrative Code Sections 5.1-1, 5.1-3, 5.1-4, and 5.1-6 to
 amend the membership, powers and duties, and sunset date of the Reentry Council.
 11/23/10; ASSIGNED UNDER 30 DAY RULE to Rules Committee.

101311 [Administrative Code - San Francisco Local Hiring Policy for Construction]
 Sponsors: Avalos; Mirkarimi, Campos, Daly and Mar
 Ordinance amending the San Francisco Administrative Code Chapter 6, Public Works Contracting
 Policies and Procedures, Subsection 6.22(G) to: 1) establish a local hiring policy for City public
 work or improvement projects requiring contractors and their subcontractors to perform certain
 percentages of project work hours using San Francisco residents and disadvantaged San
 Francisco residents; 2) making findings in support of the policy; 3) authorizing incentives for
 contractors and subcontractors who exceed local hiring requirements; 4) mandating assessment of
 liquidated damages against contractors and subcontractors who fail to meet minimum local hiring
 requirements; and 5) establishing monitoring, enforcement, and administrative procedures in
 support of the policy.
 (Economic Impact; Fiscal impact.)
 10/19/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on
 11/18/2010.

 10/27/10; REFERRED TO DEPARTMENT.

 11/19/10; TRANSFERRED to Budget and Finance Committee.

 11/23/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee.

101105 [Environment Code - Existing Commercial Buildings Energy Performance]
 Sponsors: Mayor; Dufty and Chiu
 Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2000
 through 2009, to adopt the San Francisco Existing Commercial Buildings Energy Performance
 Ordinance, requiring owners of nonresidential buildings to conduct Energy Efficiency Audits of their
 properties and file Annual Energy Benchmark Summaries for their buildings, and making
 environmental findings.
 08/10/10; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 9/9/2010.

 09/01/10; REFERRED TO DEPARTMENT.

 09/28/10; RESPONSE RECEIVED.

 09/28/10; RESPONSE RECEIVED.

 11/23/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee.

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101091 [Planning Code - Notice Requirement for "Other Entertainment Uses" in the Van
 Ness Avenue Special Use District]
 Sponsors: Alioto-Pier; Chiu
 Ordinance amending the San Francisco Planning Code by amending Sections 243 and 209.8 to
 require conditional use authorization for "Other Entertainment Uses" in the Van Ness Avenue
 Special Use District and that the Commercial Establishment use controls of the nearest C-2 District
 apply in RC Districts; adopting findings, including findings under Section 302 of the Planning Code,
 environmental findings and findings of consistency with the General Plan and the Priority Policies of
 Planning Code Section 101.1.
 09/03/10; REFERRED TO DEPARTMENT.

 09/20/10; RESPONSE RECEIVED.

 11/23/10; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee.

Resolutions

101413 [Accept and Expend Grant - Congestion Management Agency Block Grant -
 $11,553,000]
 Sponsor: Mayor
 Resolution authorizing the Department of Public Works to accept and expend $11,553,000 in
 federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvement
 funds awarded through the Metropolitan Transportation Commission’s Congestion Management
 Agency Block Grant Program.
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

101416 [Management Agreement/Lease - Stow Lake Boathouse, LLC - Operation of the
 Stow Lake Boathouse Concession]
 Sponsor: Mar
 Resolution authorizing the Recreation and Park Department General Manager to enter into a lease
 with Stow Lake Boathouse, LLC, for the operation of the Stow Lake Boathouse Concession in
 Golden Gate Park.
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

101425 [Protecting and Preserving the Palace of Fine Arts Swans]
 Sponsor: Alioto-Pier
 Resolution endorsing the presence of swans at the Palace of Fine Arts lagoon, and urging the
 Recreation and Park Department, Animal Care and Control, and the San Francisco Police
 Department to develop a plan for the protection and preservation of swans in the Palace of Fine
 Arts lagoon.
 11/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

101428 [Grant Agreements - Bicycle Projects - $166,200]
 Sponsor: Mar
 Resolution approving three Bicycle Facility Program Grant Agreements with the Bay Area Air
 Quality Management District with contract terms of more than 10 years.
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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101431 [Lease - Portsmouth Plaza Parking Corporation for Operation of the Portsmouth
 Square Garage]
 Sponsor: Chiu
 Resolution authorizing the Recreation and Park Department General Manager to enter into a lease
 with Portsmouth Plaza Parking Corporation for the operation of the Portsmouth Square Garage.
 11/23/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

101437 [Ground Lease - Redevelopment Agency Land at 701 Golden Gate Avenue to Mary
 Helen Rogers Senior Community, LP]
 Sponsor: Daly
 Resolution approving the Redevelopment Agency of the City and County of San Francisco's lease
 of land at Assessor's Block No. 768, Lot No. 13, commonly known as 701 Golden Gate Avenue,
 southwest corner of Golden Gate Avenue and Franklin Street, San Francisco, California in San
 Francisco's Western Addition neighborhood, to Mary Helen Rogers Senior Community, LP, a
 California limited liability corporation, for 70 years for the purpose of developing housing for very
 low-income senior households.
 11/23/10; RECEIVED AND ASSIGNED to Board of Supervisors.

101453 [Professional Services Agreement - Howard, Needles, Tammen & Bergendoff -
 $11,704,955]
 Sponsor: Mayor
 Resolution approving the Professional Services Agreement, Airport Contract 9015.1 Master
 Architect for Replacement Air Traffic Control Tower/Terminal 1 Complex Redevelopment Program
 between Howard, Needles, Tammen & Bergendoff, and the City and County of San Francisco,
 acting by and through its Airport Commission, in the lump sum amount of $11,704,955, and a
 contingency budget of $1,626,412 for Airport and FAA requested changes, pursuant to San
 Francisco Charter Section 9.118(b).
 (Fiscal Impact.)
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

101482 [Annual Reports - Castro/Upper Market Community Benefit District]
 Sponsor: Dufty
 Resolution regarding Castro/Upper Market Community Benefit District annual reports to the City:
 receiving and approving the District's Annual Reports for FYs 2006-2007, 2007-2008, and
 2008-2009, as submitted pursuant to Section 36650 of the Business Property and Community
 Benefit Act of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the
 District's management contract with the City.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

101484 [Accept and Expend Grant - Bayview Hunters Point Healthy Homes Project -
 $249,555]
 Sponsor: Maxwell
 Resolution authorizing the Department of the Environment to retroactively accept and expend a
 grant in the amount of $249,555 from the United States Department of Health and Human
 Services, Centers for Disease Control and Prevention to support the Bayview Hunters Point
 Healthy Homes Project by developing policies and services to improve indoor air quality in public
 housing.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

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101485 [Southeast Digester Task Force - Biosolids Digester Facility Project]
 Sponsor: Maxwell
 Resolution urging the Public Utilities Commission to incorporate the Southeast Digester Task Force
 recommendations into the Biosolids Digester Facility Project, to select the preferred site and
 expedite implementation.
 11/23/10; RECEIVED AND ASSIGNED to Rules Committee.

101486 [Commending the Community Benefits Program]
 Sponsor: Maxwell
 Resolution commending the San Francisco Public Utilities Commission’s Community Benefits
 Program.

101487 [Single Room Occupancy Task Force]
 Sponsors: Dufty; Campos
 Resolution amending the Single Room Occupancy Task Force to accurately reflect the
 administration of the program and to alter the membership of the task force to accurately reflect
 this change.
 11/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

101488 [Assessment Ballots for City Parcels to Form the Proposed Civic Center
 Community Benefit District]
 Sponsor: Mayor
 Resolution authorizing the Mayor to cast ballots in the affirmative on behalf of the City and County
 of San Francisco as owner of 11 parcels of real property over which the Board of Supervisors has
 jurisdiction, where those parcels would be subject to assessment in the proposed property and
 business improvement district to be named the Civic Center Community Benefit District.
 11/23/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

101489 [Authorizing Use of General Fund Dollars as Matching Funds for Federal Medicaid
 Funding]
 Sponsor: Mayor
 Resolution authorizing the Department of Public Health to use General Fund dollars as matching
 funds to receive federal Medicaid funding for services provided through the Community-Living
 Support Benefit Waiver (AB 2968).
 11/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

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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 among 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, Fiscal Impact.)
 11/09/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

 11/16/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee.

 11/23/10; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee.

Motion

101434 [Committee of the Whole - Public Hearing on Ground Lease of Redevelopment
 Agency Land at 701 Golden Gate Avenue to Mary Helen Rogers Senior Community,
 LP]
 Sponsor: Daly
 Motion scheduling the Board to sit as a Committee of the Whole on December 14, 2010, at 3:00
 p.m., to hold a public hearing on the Resolution approving the Redevelopment Agency of the City
 and County of San Francisco's lease of land at Assessor's Block No. 768, Lot No. 14, commonly
 known as 701 Golden Gate Avenue, southwest corner of Golden Gate Avenue and Franklin Street,
 San Francisco, California in San Francisco's Western Addition neighborhood, to Mary Helen
 Rogers Senior Community, LP, a California limited liability corporation, for 70 years for the purpose
 of developing housing for very low-income senior households.
 11/23/10; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
 MEETING.

Requests for Hearing

101490 [Hearing - Short-Turning of Light Rail Vehicles]
 Sponsor: Chu
 Hearing on the policy of short-turning or early turn-arounds of the Municipal Transportation
 Agency's LRV's, the reasons for and frequency of this practice, and the communication plan to
 inform the affected riders.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

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101491 [Hearing - Haight Ashbury Neighborhood Council's Recycling Center and Plant
 Nursery]
 Sponsor: Mirkarimi
 Hearing to review the status of the Haight Ashbury Neighborhood Council's Recycling Center and
 Plant Nursery, and the role of recycling centers in reaching the City's goal of producing zero waste
 by 2020.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

101492 [Hearing - Public Utilities Commission Energy Resources Plan]
 Sponsor: Maxwell
 Hearing on the status of the Public Utilities Commission's work to update the Energy Resources
 Plan.
 11/23/10; RECEIVED AND ASSIGNED to City Operations and Neighborhood Services Committee.

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Introduced by the President at the Request of a Department

PROPOSED ORDINANCES

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)
 11/15/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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
 impact fees area to include the portion of the Upper Market Street Neighborhood Commercial
 District lying outside the Market and Octavia Plan area; grandfathering certain pipeline projects
 from payment of the infrastructure fee; and 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)
 11/15/10; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee.

PROPOSED RESOLUTIONS

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)
 11/10/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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Board of Supervisors Meeting Minutes 11/23/2010

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)
 (Fiscal Impact.)
 11/15/10; RECEIVED AND ASSIGNED to 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)
 (Fiscal Impact.)
 11/15/10; RECEIVED AND ASSIGNED to Budget and Finance Committee.

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Board of Supervisors Meeting Minutes 11/23/2010

Requests Granted
 From: Supervisor Mirkarimi
 To: City Attorney
 Requesting/Inquiring: Requesting that the City Attorney draft an ordinance establishing a Sea Level
 Rise Adaptation Policy to be proposed by an intracity task force requiring the City Administrator, in
 conjunction with DPW, SFO, Planning, DBI, Redevelopment, Port, Recreation and Parks, MTA,
 SFPUC, Environment Department, Mayor’s Office, and other relevant City departments to develop
 a proposed Sea Level Rise Adaptation Strategy examining potential future flood risks associated
 with a range of sea level rise over the next century, including engineered and non-engineered
 adaptive strategies. In developing policy recommendations, the City Administrator should consult
 with agencies with purview over San Francisco Bay and the waters outside of the Golden Gate,
 including the Federal Emergency Management Agency, the U.S. Army Corps of Engineers, the
 National Oceanic and Atmospheric Agency, the San Francisco Bay Conservation and Development
 Commission and the California Coastal Commission.
 The ordinance should also provide that the final recommendation of the task force submitted to the
 Board of Supervisors shall become the official Sea Level Rise Adaptation Policy of the City and
 County of San Francisco upon ratification by resolution of the Board of Supervisors.

 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

 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

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 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
 Northwest corner of Golden Gate and Laguna
 Southeast corner of Scott and Fulton
 In front of 1855 Haight
 All three cans on Stanyan and Haight
 Northeast corner of Divisadero and Golden Gate
 Northeast corner of Geary and Divisadero

 Mailboxes
 Southwest corner of Geary and Laguna
 Northeast corner of Scott and McAllister

 Vacant Lots
 Northwest corner of Divisadero and Ellis
 Parking lot northwest corner of Haight and Stanyan

 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 1150 Scott
 175 Carl
 1833 Scott
 50 Shrader
 530 Scott
 Curb repair at northwest corner of Divisadero and Waller
 Sidewalk at 2611 Pine

 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:

 1826 Divisadero
 1910 Divisadero
 1918 DIvisadero
 201 Webster
 122 Webster
 249 Webster
 159 Webster
 1600 Post
 301 ½ Webster
 900 Haight
 901 Haight
 906 Haight
 1299 Haight
 401 Divisadero
 616 Divisadero
 655 Divisadero
 848 Divisadero

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 Across the street from 625 Willow
 890 Page
 796 Haight
 799 Haight
 198 Haight
 100 Scott
 670 Waller
 702 Haight
 682 Haight
 630B Haight
 604A Haight
 598 Haight
 542 Haight
 546 Haight
 585 Hayes

 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 Pole:
 In front of 1002 Scott
 In front of 1005 Laguna
 In front of 1022 Scott
 In front of 1030 Shrader
 In front of 1108 Divisadero
 In front of 1149 Laguna
 Southwest corner of Willow and Laguna
 Southeast corner of Scott and Haight
 In front of 1221 Masonic
 Southeast corner of Page and Scott

 Wood Poles
 Northeast corner of 16th Avenue and Judah
 In front of 2060 Fillmore
 Southeast corner of Elm and Scott
 Southwest corner of Divisadero and Oak
 In front of 617 and 681 Ivy
 In front of 21 Shrader

 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 public property locations:

 Utility Boxes
 Southwest corner of Waller and Steiner
 Northeast corner of Eddy and Divisadero
 Southeast corner of Stanyan and Oak
 In front of 1055 Laguna
 Southeast corner of Webster and Fell
 Northeast corner of Shrader and Oak
 Northwest corner of Divisadero and Pine

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 Bus Shelters
 Southwest corner of Buchanan and Haight
 Southeast corner of Buchanan and Hayes
 Northwest corner of Pine and Fillmore
 Northwest corner of Divisadero and Haight
 Southeast corner of Geary and Scott
 Northeast corner of Stanyan and Parnassus
 Southwest corner of Geary and Scott
 Southwest corner of Stanyan and Parnassus
 Southwest corner of Pierce and Haight
 Fillmore and Haight (all 4 bus stops, graffiti and grime on canopies)

 Fire Hydrants
 Southeast corner of Scott and Fell
 Northeast corner of Fulton and Fillmore

 Emergency Boxes
 Southwest corner of Grattan and Stanyan
 Southwest corner of Belgrave and Shrader
 Near 2725 California

In Memoriams
 Fred Goldhaber – Supervisors Dufty and Campos
 Jerome A. DeFilippo – Supervisor Dufty
 James Francis Coleman – Supervisor Dufty

ADJOURNMENT
 There being no further business, the Board adjourned at the hour of 7:12 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 January 4, 2011.

 Angela Calvillo, Clerk of the Board

City and County of San Francisco Page 1067 Printed at 1:28 pm on 1/6/11
