# Board of Supervisors Minutes: November 3, 2009

- Meeting date: 2009-11-03
- Document type: minutes
- Source format: PDF
- Extracted pages: 21
- [Canonical HTML transcript](https://sfbos.info/documents/1952/2009-11-03-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m110309.pdf)

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

## Structured legislative records

### File 091179: CEQA Findings in Connection with the Exploratorium Relocation Project

- Pages: 7-8
- Sponsors: Mayor; Chiu and Dufty
- Vote 1: adoption, likely final
  - Action: 091179 [CEQA Findings in Connection with the Exploratorium Relocation Project] Sponsors: Mayor; Chiu and Dufty Resolution adopting findings pursuant to the California Environmental Quality Act (CEQA) and Administrative Code Chapter 31 in connection with the Exploratorium Relocation Project proposed to be located on Pier 15 and a portion of Pier 17 in the Port of San Francisco, City and County of San Francisco. Resolution No. 431-09 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 080323: Place of Entertainment Permits and Board of Appeals Procedures

- Pages: 8
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: first-reading
  - Action: ertainment Permits and Board of Appeals Procedures] Sponsors: Mayor; Dufty, Chiu and Campos Ordinance amending the San Francisco Police Code by amending Sections 2.26, 1060, 1060.1, 1060.2, 1060.3, 1060.5, 1060.24, 1060.25 and 1060.29, by adding Sections 1060.20.1, 1060.20.2, 1060.20.3, 1060.20.4, 1060.24.1, 1060.24.2, 1060.29.1, 1060.30, 1060.31, 1060.32, 1060.33, 1060.34, 1060.35, 1060.36, and 1060.37, by repealing Sections 1060.4, 1060.20, and 1060.22, and by adding new Sections 1060.4 and 1060.20, relating to the application, approval, amendment, suspension, revocation, and transfer of Place of Entertainment Permits and One Night Event Permits (now called "One Time Event Permits"), including changes in penalties, and amending the San Francisco Business and Tax Regulations Code by amending Sections 8 and 26 to provide the time for appealing to the Board of Appeals, to provide an additional category of permit suspension and revocation actions that are not suspended pending a decision by the Board of Appeals, and to clarify the standards governing the review of permits. Supervisors Chiu and Campos requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 080324: Extended-Hours Premises Permits

- Pages: 8-9
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: amendment
  - Action: 080324 [Extended-Hours Premises Permits] Sponsors: Mayor; Dufty, Chiu and Campos Ordinance amending the San Francisco Police Code by amending Sections 1070, 1070.1, 1070.2, 1070.3, 1070.5, 1070.7, 1070.8, 1070.19, 1070.22, and 1070.24, by adding Sections 1017.17.1, 1017.17.2, 1017,17.3, 1070.28, 1070.29, 1070.30, 1070.31, 1070.32, 1070.33, 1070.34, 1070.35, and 1070.36; by repealing Sections 1070.4, 1070.17, 1070.20, 1070.20-1, 1070.21, and 1070.26; and by adding new Sections 1070.4, 1070.17, and 1070.20, relating to the application, approval, amendment, suspension, revocation, and transfer of Extended-Hours Premises Permits, including changes in penalties. Supervisors Chiu and Campos requested to be added as co-sponsors. Supervisor Daly moved to divide the question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours Premises Permits" located on Page 41, Line 17, through Page 44, Line 18. The question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours Premises Permits" PASSED as divided by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS DIVIDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd

### File 091039: Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats

- Pages: 9
- Sponsors: Mirkarimi; Campos, Avalos and Maxwell
- Vote 1: first-reading
  - Action: 091039 [Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats] Sponsors: Mirkarimi; Campos, Avalos and Maxwell Ordinance amending the San Francisco Health Code by adding Section 45 to prohibit onychectomy (declawing) and tendonectomy procedures on cats except when necessary for a therapeutic purpose. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Elsbernd

### File 091112: Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco Wholesale Produce Market

- Pages: 9
- Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar
- Vote 1: adoption, likely final
  - Action: 091112 [Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco Wholesale Produce Market] Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar Resolution adopting finding that the retention and expansion of the San Francisco Wholesale Produce Market are fiscally feasible pursuant to Administrative Code Chapter 29. (Fiscal Impact.) Resolution No. 434-09 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091118: Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District”

- Pages: 9
- Sponsors: Mirkarimi; Campos
- Vote 1: adoption, likely final
  - Action: 091118 [Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District”] Sponsors: Mirkarimi; Campos Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "USE IT OR LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District. Resolution No. 435-09 Supervisor Campos requested to be added as a co-sponsor. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 091119: Board response to the 2008-2009 Civil Grand Jury Report entitled “Being Propositioned By The San Francisco Unified School District”

- Pages: 9-10
- Sponsors: Mirkarimi
- Vote 1: amendment
  - Action: 091119 [Board response to the 2008-2009 Civil Grand Jury Report entitled “Being Propositioned By The San Francisco Unified School District”] Sponsor: Mirkarimi Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "Being Propositioned By The San Francisco Unified School District," and urging the SFUSD to cause the implementation of accepted recommendations. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, on Page 2, Line 17, replacing "3" with "4". The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: adoption, likely final
  - Action: City and County of San Francisco Page 864 Printed at 1:43 pm on 1/6/10 Board of Supervisors Meeting Minutes Tuesday, November 3, 2009 Resolution No. 436-09 Supervisor Campos requested to be added as a co-sponsor. ADOPTED AS AMENDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

## Extracted text

### [Page 8](https://sfbos.info/documents/1952/2009-11-03-minutes#page-8)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

Recommendations of the City Operations and Neighborhood Services Committee

080323 [Place of Entertainment Permits and Board of Appeals Procedures]
 Sponsors: Mayor; Dufty, Chiu and Campos
 Ordinance amending the San Francisco Police Code by amending Sections 2.26, 1060, 1060.1,
 1060.2, 1060.3, 1060.5, 1060.24, 1060.25 and 1060.29, by adding Sections 1060.20.1, 1060.20.2,
 1060.20.3, 1060.20.4, 1060.24.1, 1060.24.2, 1060.29.1, 1060.30, 1060.31, 1060.32, 1060.33,
 1060.34, 1060.35, 1060.36, and 1060.37, by repealing Sections 1060.4, 1060.20, and 1060.22,
 and by adding new Sections 1060.4 and 1060.20, relating to the application, approval, amendment,
 suspension, revocation, and transfer of Place of Entertainment Permits and One Night Event
 Permits (now called "One Time Event Permits"), including changes in penalties, and amending the
 San Francisco Business and Tax Regulations Code by amending Sections 8 and 26 to provide the
 time for appealing to the Board of Appeals, to provide an additional category of permit suspension
 and revocation actions that are not suspended pending a decision by the Board of Appeals, and to
 clarify the standards governing the review of permits.
 Supervisors Chiu and Campos requested to be added as co-sponsors.
 PASSED ON FIRST READING by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

080324 [Extended-Hours Premises Permits]
 Sponsors: Mayor; Dufty, Chiu and Campos
 Ordinance amending the San Francisco Police Code by amending Sections 1070, 1070.1, 1070.2,
 1070.3, 1070.5, 1070.7, 1070.8, 1070.19, 1070.22, and 1070.24, by adding Sections 1017.17.1,
 1017.17.2, 1017,17.3, 1070.28, 1070.29, 1070.30, 1070.31, 1070.32, 1070.33, 1070.34, 1070.35,
 and 1070.36; by repealing Sections 1070.4, 1070.17, 1070.20, 1070.20-1, 1070.21, and 1070.26;
 and by adding new Sections 1070.4, 1070.17, and 1070.20, relating to the application, approval,
 amendment, suspension, revocation, and transfer of Extended-Hours Premises Permits, including
 changes in penalties.
 Supervisors Chiu and Campos requested to be added as co-sponsors.

 Supervisor Daly moved to divide the question relating to "Sec. 1070.36. Prospective Moratorium on
 Grant of Extended-Hours Premises Permits" located on Page 41, Line 17, through Page 44, Line
 18.

 The question relating to "Sec. 1070.36. Prospective Moratorium on Grant of Extended-Hours
 Premises Permits" PASSED as divided by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi
 Noes: 1 - Daly
 PASSED ON FIRST READING AS DIVIDED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd

City and County of San Francisco Page 863 Printed at 1:43 pm on 1/6/10

### [Page 9](https://sfbos.info/documents/1952/2009-11-03-minutes#page-9)

Board of Supervisors Meeting Minutes Tuesday, November 3, 2009

091039 [Prohibiting Onychectomy (Declawing) and Tendonectomy Procedures on Cats]
 Sponsors: Mirkarimi; Campos, Avalos and Maxwell
 Ordinance amending the San Francisco Health Code by adding Section 45 to prohibit onychectomy
 (declawing) and tendonectomy procedures on cats except when necessary for a therapeutic
 purpose.
 PASSED ON FIRST READING by the following vote:
 Ayes: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 2 - Alioto-Pier, Elsbernd

Recommendations of the Government Audit and Oversight Committee

091112 [Finding of Fiscal Feasibility; Retention and Expansion of the San Francisco
 Wholesale Produce Market]
 Sponsors: Maxwell; Mayor, Dufty, Mirkarimi and Mar
 Resolution adopting finding that the retention and expansion of the San Francisco Wholesale
 Produce Market are fiscally feasible pursuant to Administrative Code Chapter 29.
 (Fiscal Impact.)
 Resolution No. 434-09
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091118 [Board response to the 2008-2009 Civil Grand Jury Report entitled “USE IT OR
 LOSE IT: A Report on the Surplus Real Property Owned by the San Francisco
 Unified School District”]
 Sponsors: Mirkarimi; Campos
 Resolution responding to the Presiding Judge of the Superior Court on the findings and
 recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "USE IT OR LOSE
 IT: A Report on the Surplus Real Property Owned by the San Francisco Unified School District.
 Resolution No. 435-09
 Supervisor Campos requested to be added as a co-sponsor.
 ADOPTED by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

091119 [Board response to the 2008-2009 Civil Grand Jury Report entitled “Being
 Propositioned By The San Francisco Unified School District”]
 Sponsor: Mirkarimi
 Resolution responding to the Presiding Judge of the Superior Court on the findings and
 recommendations contained in the 2008-2009 Civil Grand Jury Report entitled "Being
 Propositioned By The San Francisco Unified School District," and urging the SFUSD to cause the
 implementation of accepted recommendations.
 Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED, on
 Page 2, Line 17, replacing "3" with "4". 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 864 Printed at 1:43 pm on 1/6/10
