# Board of Supervisors Minutes: December 15, 2009 - Meeting date: 2009-12-15 - Document type: minutes - Source format: PDF - Extracted pages: 35 - [Canonical HTML transcript](https://sfbos.info/documents/1964/2009-12-15-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2009/m121509.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 091418: Committee of the Whole, December 15, 2009, at 3:00 P.M., Opposing Stupak-Ellsworth-Pitts - Pages: 20-21 - Sponsors: Alioto-Pier, Chu and Maxwell - Vote 1: amendment - Action: 091418 [Committee of the Whole, December 15, 2009, at 3:00 P.M., Opposing Stupak-Ellsworth-Pitts] Sponsors: Alioto-Pier, Chu and Maxwell Motion scheduling a Committee of the Whole at 3:00 P.M. on Tuesday, December 15, 2009, to consider opposing the Stupak-Ellsworth-Pitts Amendment to restrict reproductive choice. Motion No. M09-205 The President inquired as to whether any member of the public wished to address the Board relating to the Board sitting as a Committee of the Whole to address opposing the Stupak-Ellsworth-Pitts amendment to restrict reproductive choice referenced in File No. 091419. Speakers: Male Speaker; Emily M. Murase, Executive Director, Commission on the Status of Women; Walter Paulson; Jazzie Collins. The President declared public comment closed. Supervisor Daly, seconded by Supervisor Mirkarimi, moved to AMEND the Motion. The motion FAILED by the following vote: - Ayes: Avalos, Daly, Mar - Noes: Alioto-Pier, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell, Mirkarimi - Vote 2: other - Action: Supervisor Alioto-Pier, seconded by Supervisors Elsbernd and Chu, moved to CALL THE QUESTION AND TERMINATE DEBATE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Campos, Daly - Vote 3: approval, likely final - Action: APPROVED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly ### File 091341: 2010 Board of Supervisors Regular Meeting Schedule - Pages: 21 - Vote 1: amendment - Action: 091341 [2010 Board of Supervisors Regular Meeting Schedule] Motion approving the 2010 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 19, February 16, May 25, July 6, September 7, October 12, and November 30; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 18 through September 7, 2010, and December 15 through December 31, 2010. (Clerk of the Board) Supervisor Mar requested to be added as a co-sponsor. Supervisor Avalos, seconded by Supervisor Elsbernd, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 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 approving the 2010 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 19, February 16, May 25, July 6, October 12, and November 30; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 11 through September 3, 2010, and December 15 through December 31, 2010. (Clerk of the Board) Motion No. M09-204 APPROVED AS AMENDED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 091428: Proclaiming December 18, 2009, International Migrants Day - Pages: 21-23 - Sponsors: Avalos; Campos and Mar - Vote 1: adoption, likely final - Action: 091428 [Proclaiming December 18, 2009, International Migrants Day] Sponsors: Avalos; Campos and Mar Resolution proclaiming December 18, 2009, International Migrants Day. Resolution No. 515-09 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Vote 2: amendment - Action: City and County of San Francisco Page 993 Printed at 9:12 am on 12/24/09 City and County of San Francisco Page 993 Printed at 9:12 am on 12/24/09 Board of Supervisors Meeting Minutes Tuesday, December 15, 2009 Imperative Item - Opposing the Stupak-Ellsworth-Pitts Amendment to restrict reproductive choice (File No. 091462) [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the serious injury finding. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell - Noes: Daly, Mirkarimi - Vote 3: other - Action: [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell - Noes: Daly, Mirkarimi - Vote 4: rescission - Action: Supervisor Daly moved to Adjourn the meeting. The motion FAILED due to lack of a second. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: 8 – Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell - Noes: Daly, Mirkarimi - Absent: Dufty - Vote 5: other - Action: [Serious [Serious Injury Injury Finding] Finding] Motion Motion that the thatfind Board thethat Board find that for the for the being resolution(s) resolution(s) consideredbeing considered at this time "the at this need to time take "the need action is so to take action imperative as to is so serious threatenimperative as to injury threaten to the publicserious injury interest if to is action the public to a deferred interest laterif action meeting."is deferred to a later meeting." Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the serious injury finding. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Absent: Dufty - Vote 6: other - Action: [Brown Act[Brown Finding]Act Finding] Motion thatMotion thatfind the Board theby Board findvote roll call by roll that,call for vote that, for thebeing the resolution(s) resolution(s) consideredbeing at thisconsidered time, there at is athis time, need to take immediate action. there is The to a need need to take take action came immediate to the action. Theattention need tof the takeCity andcame action Sanattention Countytoofthe Francisco the the ofafter City agenda wasandposted. County of San Francisco after the agenda was posted. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Absent: Dufty ### File 091462: Opposing the Stupak-Ellsworth-Pitts Amendment to Restrict Reproductive Choice - Pages: 23 - Sponsors: Alioto-Pier - Vote 1: amendment - Action: 091462 [Opposing the Stupak-Ellsworth-Pitts Amendment to Restrict Reproductive Choice] Sponsor: Alioto-Pier Resolution opposing the Stupak-Ellsworth-Pitts Amendment that limits reproductive choice, urging the United States Senate to pass healthcare reform that preserves access to reproductive health services, urging conferees to remove the amendment, and commending members of the California congressional delegation who opposed the amendment. (A unanimous vote is required for the approval of a resolution on the Imperative Agenda.) ADOPTION failed by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Absent: Dufty ### File 091435: Child Care Planning and Advisory Council Membership - Pages: 23 - Sponsors: Chiu ### File 091436: Accept and Expend Grant - U.S. Dept. of Justice/Office of Violence Against Women and Amendment to the Annual Salary Ordinance for FY 2009-2010 - $698,970 - Pages: 23-24 - Sponsors: Chiu ## Extracted text ### [Page 21](https://sfbos.info/documents/1964/2009-12-15-minutes#page-21) Board of Supervisors Meeting Minutes Tuesday, December 15, 2009 Supervisor Avalos requested that File No. 091341 be severed so that it may be considered separately. 091341 [2010 Board of Supervisors Regular Meeting Schedule] Motion approving the 2010 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 19, February 16, May 25, July 6, September 7, October 12, and November 30; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 18 through September 7, 2010, and December 15 through December 31, 2010. (Clerk of the Board) Supervisor Mar requested to be added as a co-sponsor. Supervisor Avalos, seconded by Supervisor Elsbernd, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Motion approving the 2010 Board of Supervisors regular meeting schedule by canceling the Board meetings of January 19, February 16, May 25, July 6, October 12, and November 30; and by further canceling all Board and Committee meetings during the summer and winter breaks from August 11 through September 3, 2010, and December 15 through December 31, 2010. (Clerk of the Board) Motion No. M09-204 APPROVED AS AMENDED by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi IMPERATIVE AGENDA Imperative Item - Proclaiming December 19, 2009, International Migrants Day (File No. 091428) [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Mar, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Avalos, seconded by Supervisor Mar, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 091428 [Proclaiming December 18, 2009, International Migrants Day] Sponsors: Avalos; Campos and Mar Resolution proclaiming December 18, 2009, International Migrants Day. Resolution No. 515-09 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 993 Printed at 9:12 am on 12/24/09 City and County of San Francisco Page 993 Printed at 9:12 am on 12/24/09 ### [Page 22](https://sfbos.info/documents/1964/2009-12-15-minutes#page-22) Board of Supervisors Meeting Minutes Tuesday, December 15, 2009 Imperative Item - Opposing the Stupak-Ellsworth-Pitts Amendment to restrict reproductive choice (File No. 091462) [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 2 - Daly, Mirkarimi [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell Noes: 2 - Daly, Mirkarimi Supervisor Daly moved to Adjourn the meeting. The motion FAILED due to lack of a second. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 8 – Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell Noes: 2 - Daly, Mirkarimi Absent: 1 - Dufty [Serious [Serious Injury Injury Finding] Finding] Motion Motion that the thatfind Board thethat Board find that for the for the being resolution(s) resolution(s) consideredbeing considered at this time "the at this need to time take "the need action is so to take action imperative as to is so serious threatenimperative as to injury threaten to the publicserious injury interest if to is action the public to a deferred interest laterif action meeting."is deferred to a later meeting." Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Absent: 1 - Dufty [Brown Act[Brown Finding]Act Finding] Motion thatMotion thatfind the Board theby Board findvote roll call by roll that,call for vote that, for thebeing the resolution(s) resolution(s) consideredbeing at thisconsidered time, there at is athis time, need to take immediate action. there is The to a need need to take take action came immediate to the action. Theattention need tof the takeCity andcame action Sanattention Countytoofthe Francisco the the ofafter City agenda wasandposted. County of San Francisco after the agenda was posted. Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Absent: 1 - Dufty City and County of San Francisco Page 994 Printed at 9:12 am on 12/24/09 ### [Page 23](https://sfbos.info/documents/1964/2009-12-15-minutes#page-23) Board of Supervisors Meeting Minutes Tuesday, December 15, 2009 091462 [Opposing the Stupak-Ellsworth-Pitts Amendment to Restrict Reproductive Choice] Sponsor: Alioto-Pier Resolution opposing the Stupak-Ellsworth-Pitts Amendment that limits reproductive choice, urging the United States Senate to pass healthcare reform that preserves access to reproductive health services, urging conferees to remove the amendment, and commending members of the California congressional delegation who opposed the amendment. (A unanimous vote is required for the approval of a resolution on the Imperative Agenda.) ADOPTION failed by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Absent: 1 - Dufty LEGISLATION INTRODUCED AT ROLL CALL Introduced by Supervisors or Mayor Ordinances 091435 [Child Care Planning and Advisory Council Membership] Sponsor: Chiu Ordinance amending San Francisco Administrative Code by amending section 5.200, to: (1) reduce the number of members of the Child Care Planning and Advisory Council ("Council") from 30 to 25, and provide for the appointment of 12 members by the Board of Supervisors, 12 members by the Board of Education and the joint appointment of one member by the Board of Supervisors and Board of Education; (2) provide for the establishment of a Council Executive Committee; and (3) amend the attendance, qualification, membership term, and compensation provisions for Council members. 12/15/09; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 1/14/2010. 091436 [Accept and Expend Grant - U.S. Dept. of Justice/Office of Violence Against Women and Amendment to the Annual Salary Ordinance for FY 2009-2010 - $698,970] Sponsor: Chiu Ordinance authorizing the San Francisco District Attorney’s Office to retroactively accept and expend a grant in the amount of $698,970 from the U.S. Department of Justice/Office of Violence Against Women - Grants to Encourage Arrest Policies and Enforcement of Protection Orders for the purpose of improving the criminal justice systems’ response to limited English proficiency victims of domestic violence, and amending Ordinance No. 183-09 (Annual Salary Ordinance, FY 2009-2010) to reflect the addition of one (1) grant-funded position (.50 FTE) in Class 8129 Victim Witness Investigator at District Attorney’s Office. 12/15/09; RECEIVED AND ASSIGNED to Public Safety Committee. City and County of San Francisco Page 995 Printed at 9:12 am on 12/24/09