# 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 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

## Extracted text

### [Page 5](https://sfbos.info/documents/2039/2010-11-23-minutes#page-5)

Board of Supervisors Meeting Minutes 11/23/2010

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

City and County of San Francisco Page 1044 Printed at 1:28 pm on 1/6/11

### [Page 6](https://sfbos.info/documents/2039/2010-11-23-minutes#page-6)

Board of Supervisors Meeting Minutes 11/23/2010

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

City and County of San Francisco Page 1045 Printed at 1:28 pm on 1/6/11
