# Board of Supervisors Minutes: November 10, 2009

- Meeting date: 2009-11-10
- Document type: minutes
- Source format: PDF
- Extracted pages: 19
- [Canonical HTML transcript](https://sfbos.info/documents/1954/2009-11-10-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m111009.pdf)

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

## Structured legislative records

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

- Pages: 4-5
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: final-passage, likely final
  - Action: 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. Ordinance No. 239-09 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd
  - Absent: Campos

### File 080324: Extended-Hours Premises Permits

- Pages: 5
- Sponsors: Mayor; Dufty, Chiu and Campos
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 238-09 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Elsbernd
  - Absent: Campos

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

- Pages: 5
- Sponsors: Mirkarimi; Campos, Avalos and Maxwell
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 237-09 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Elsbernd
  - Absent: Campos

### File 091217: Appropriation ordinance to reflect Mayor's State Budget Plan for FY 2009-2010

- Pages: 5-6
- Sponsors: Mayor; Avalos
- Vote 1: first-reading
  - Action: 091217 [Appropriation ordinance to reflect Mayor's State Budget Plan for FY 2009-2010] Sponsors: Mayor; Avalos Ordinance appropriating $18,000,000 of an unallocated reduction to State revenues (State Budget Reserve), including $9,589,000 for the Department of Public Health, $9,600,000 for the Human Services Agency, $350,000 for the Sheriff's Department, and $150,000 for the General Fund Reserve; deappropriating $3,448,652 of expenditures in the Department of Public Health consistent with the Mayor's Proposed State Budget Plan; and appropriating and placing $1,759,652 of General City Responsibility General Fund on an appropriated reserve for FY 2009-2010. (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Absent: Campos

### File 091246: Appropriating $7,057,111 to Restore Positions Effective November 16, 2009, in the Department of Public Health for FY 2009-2010

- Pages: 6
- Sponsors: Daly; Mirkarimi, Mar and Campos
- Vote 1: first-reading
  - Action: 091246 [Appropriating $7,057,111 to Restore Positions Effective November 16, 2009, in the Department of Public Health for FY 2009-2010] Sponsors: Daly; Mirkarimi, Mar and Campos Ordinance appropriating $7,057,111 in General Fund Reserve to add 322.39 full-time equivalent positions and delete 272.95 full-time equivalent positions effective November 16, 2009, in the Department of Public Health for FY 2009-2010. (Fiscal Impact.) Privilege of the floor was granted to Ben Rosenfield, Controller, and Monique Zmuda, Deputy Controller, who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd, Maxwell
- Vote 2: rescission
  - Action: Supervisor Daly, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion to rescind PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
  - Noes: Alioto-Pier, Chu, Elsbernd
- Vote 3: referral
  - Action: Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

### File 091247: Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Department of Public Health

- Pages: 6-7
- Sponsors: Daly; Campos
- Vote 1: first-reading
  - Action: 091247 [Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 - Department of Public Health] Sponsors: Daly; Campos Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to add 322.39 FTEs in various job classes and delete 272.95 FTEs in various job classes for 16.3 pay periods (November 16, 2009, through June 30, 2010) in the Department of Public Health. (Fiscal Impact.) PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd, Maxwell
- Vote 2: rescission
  - Action: Supervisor Elsbernd, seconded by Supervisor Chu, moved to rescind the previous vote. The motion to rescind FAILED by the following vote:
  - Ayes: Alioto-Pier, Chu, Elsbernd, Maxwell
  - Noes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
- Vote 3: rescission
  - Action: Supervisor Daly, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion to rescind PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
  - Noes: Alioto-Pier, Chu, Elsbernd
- Vote 4: referral
  - Action: Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

## Extracted text

### [Page 5](https://sfbos.info/documents/1954/2009-11-10-minutes#page-5)

Board of Supervisors Meeting Minutes Tuesday, November 10, 2009

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.
 Ordinance No. 238-09
 FINALLY PASSED by the following vote:
 Ayes: 9 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 1 - Elsbernd
 Absent: 1 - Campos

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.
 Ordinance No. 237-09
 FINALLY PASSED by the following vote:
 Ayes: 8 - Avalos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 2 - Alioto-Pier, Elsbernd
 Absent: 1 - Campos

NEW BUSINESS

Recommendations of the Budget and Finance Committee

091217 [Appropriation ordinance to reflect Mayor's State Budget Plan for FY 2009-2010]
 Sponsors: Mayor; Avalos
 Ordinance appropriating $18,000,000 of an unallocated reduction to State revenues (State Budget
 Reserve), including $9,589,000 for the Department of Public Health, $9,600,000 for the Human
 Services Agency, $350,000 for the Sheriff's Department, and $150,000 for the General Fund
 Reserve; deappropriating $3,448,652 of expenditures in the Department of Public Health consistent
 with the Mayor's Proposed State Budget Plan; and appropriating and placing $1,759,652 of
 General City Responsibility General Fund on an appropriated reserve for FY 2009-2010.
 (Fiscal Impact.)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Absent: 1 - Campos

City and County of San Francisco Page 880 Printed at 11:01 am on 1/6/10

### [Page 6](https://sfbos.info/documents/1954/2009-11-10-minutes#page-6)

Board of Supervisors Meeting Minutes Tuesday, November 10, 2009

 Supervisor Campos was noted present at 2:29 p.m.

091246 [Appropriating $7,057,111 to Restore Positions Effective November 16, 2009, in the
 Department of Public Health for FY 2009-2010]
 Sponsors: Daly; Mirkarimi, Mar and Campos
 Ordinance appropriating $7,057,111 in General Fund Reserve to add 322.39 full-time equivalent
 positions and delete 272.95 full-time equivalent positions effective November 16, 2009, in the
 Department of Public Health for FY 2009-2010.
 (Fiscal Impact.)
 Privilege of the floor was granted to Ben Rosenfield, Controller, and Monique Zmuda, Deputy
 Controller, who responded to questions raised throughout the discussion.
 PASSED ON FIRST READING by the following vote:
 Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
 Noes: 4 - Alioto-Pier, Chu, Elsbernd, Maxwell

 Supervisor Daly, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The
 motion to rescind PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
 Noes: 3 - Alioto-Pier, Chu, Elsbernd
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to
 the Budget and Finance Committee. The motion carried by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

091247 [Public Employment - Amendment to the Annual Salary Ordinance, FY 2009-2010 -
 Department of Public Health]
 Sponsors: Daly; Campos
 Ordinance amending Ordinance No. 183-09 (Annual Salary Ordinance 2009-2010) to add 322.39
 FTEs in various job classes and delete 272.95 FTEs in various job classes for 16.3 pay periods
 (November 16, 2009, through June 30, 2010) in the Department of Public Health.
 (Fiscal Impact.)
 PASSED ON FIRST READING by the following vote:
 Ayes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
 Noes: 4 - Alioto-Pier, Chu, Elsbernd, Maxwell

 Supervisor Elsbernd, seconded by Supervisor Chu, moved to rescind the previous vote. The
 motion to rescind FAILED by the following vote:
 Ayes: 4 - Alioto-Pier, Chu, Elsbernd, Maxwell
 Noes: 7 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi

 Supervisor Daly, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The
 motion to rescind PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
 Noes: 3 - Alioto-Pier, Chu, Elsbernd
 Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to
 the Budget and Finance Committee. The motion carried by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

City and County of San Francisco Page 881 Printed at 11:01 am on 1/6/10