# 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 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 ## Extracted text ### [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 ### [Page 7](https://sfbos.info/documents/2039/2010-11-23-minutes#page-7) 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: 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 City and County of San Francisco Page 1046 Printed at 1:28 pm on 1/6/11