# Board of Supervisors Minutes: September 14, 2010

- Meeting date: 2010-09-14
- Document type: minutes
- Source format: PDF
- Extracted pages: 34
- [Canonical HTML transcript](https://sfbos.info/documents/2021/2010-09-14-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m091410.pdf)

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

## Structured legislative records

### File 101063: California Constitution Appropriations Limit FY2010-2011

- Pages: 5-6
- Sponsors: Avalos
- Vote 1: adoption, likely final
  - Action: 101063 [California Constitution Appropriations Limit FY2010-2011] Sponsor: Avalos Resolution establishing the appropriations limit for FY2010-2011 pursuant to California Constitution Article XIII B. (Fiscal Impact.) Resolution No. 426-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101059: Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011

- Pages: 6
- Sponsors: Avalos
- Vote 1: first-reading
  - Action: 101059 [Setting San Francisco Community College District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Community College District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101058: Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011

- Pages: 6
- Sponsors: Avalos
- Vote 1: first-reading
  - Action: 101058 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for City and County purposes and establishing a pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative Code for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101060: Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011

- Pages: 6
- Sponsors: Avalos
- Vote 1: first-reading
  - Action: 101060 [Setting San Francisco Unified School District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Unified School District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101061: Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011

- Pages: 6
- Sponsors: Avalos
- Vote 1: first-reading
  - Action: 101061 [Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be Included in the City’s Overall Property Tax Rate - FY2010-2011] Sponsor: Avalos Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit District purposes for the FY ending June 30, 2011. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101102: Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000

- Pages: 6-7
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 101102 [Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the Annual Salary Ordinance FY2010-2011 - $231,000] Sponsor: Mayor Ordinance authorizing the Department of Emergency Management to retroactively accept and expend a grant in the amount of $231,000 from California Volunteers for the grant period of 18 months following passage of the FY2010-2011 California State Budget for volunteer management and training; amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect the addition of one Class 5277 Planner I at the San Francisco Fire Department. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
- Vote 2: other
  - Action: City and County of San Francisco Page 792 Printed at 4:32 pm on 12/14/10 Board of Supervisors Meeting Minutes 9/14/2010 From the Budget and Finance Committee Without Recommendation Supervisor Alioto-Pier Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Alioto-Pier be excused from voting on File No. 100865. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier

### File 100865: Establishing an Alcohol Cost Recovery Fee

- Pages: 7-8
- Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos
- Vote 1: amendment
  - Action: and certain other persons who distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's alcohol-attributable unreimbursed health costs, and; 2) fund administration costs. Supervisors Daly and Campos requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED to: (1) Amend Section 106.7(a) to clarify that where a wholesaler sells alcoholic beverages to a retailer at a location outside the City, and the retailer then resells those beverages at a location within the City, the retailer would be responsible for paying the fee in those circumstances unless it can demonstrate that the Wholesaler already paid the fee for those beverages; (2) Add a new subsection (a) to Section 106.16 that would authorize the Controller to adjust the fee annually to reflect changes in the Consumer Price Index; and (3) Amend Section 106.16 to provide that, pursuant to the Controller's biannual review of the fee, the Controller would be authorized to decrease the fee in order to ensure the City does not recover more than its eligible costs, but not increase the fee. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier
- Vote 2: amendment
  - Action: Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED to: (1) Add a new subsection (f) to Section 106.7 regarding quarterly exclusion up to $1,000; and (2) Add language to Section 106.10(b) to clarify that the Tax Collector shall promulgate rules to implement the quarterly exclusion. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier
- Vote 3: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi
  - Noes: Chu, Dufty, Elsbernd
  - Excused: Alioto-Pier

## Extracted text

### [Page 6](https://sfbos.info/documents/2021/2010-09-14-minutes#page-6)

Board of Supervisors Meeting Minutes 9/14/2010

101059 [Setting San Francisco Community College District’s Property Tax Rate to be
 Included in the City’s Overall Property Tax Rate - FY2010-2011]
 Sponsor: Avalos
 Ordinance providing revenue and levying property taxes for San Francisco Community College
 District purposes for the FY ending June 30, 2011.
 (Fiscal Impact)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101058 [Setting San Francisco’s Property Tax Rate and Establishing Pass-Through Rate
 for Residential Tenants - FY2010-2011]
 Sponsor: Avalos
 Ordinance providing revenue and levying property taxes for City and County purposes and
 establishing a pass-through rate for residential tenants pursuant to Chapter 37 of the Administrative
 Code for the FY ending June 30, 2011.
 (Fiscal Impact)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101060 [Setting San Francisco Unified School District’s Property Tax Rate to be Included
 in the City’s Overall Property Tax Rate - FY2010-2011]
 Sponsor: Avalos
 Ordinance providing revenue and levying property taxes for San Francisco Unified School District
 purposes for the FY ending June 30, 2011.
 (Fiscal Impact)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101061 [Setting San Francisco Bay Area Rapid Transit District’s Property Tax Rate to be
 Included in the City’s Overall Property Tax Rate - FY2010-2011]
 Sponsor: Avalos
 Ordinance providing revenue and levying property taxes for San Francisco Bay Area Rapid Transit
 District purposes for the FY ending June 30, 2011.
 (Fiscal Impact)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101102 [Accept and Expend Grant - 2010 Disaster Corps Grant and Amendment to the
 Annual Salary Ordinance FY2010-2011 - $231,000]
 Sponsor: Mayor
 Ordinance authorizing the Department of Emergency Management to retroactively accept and
 expend a grant in the amount of $231,000 from California Volunteers for the grant period of 18
 months following passage of the FY2010-2011 California State Budget for volunteer management
 and training; amending Ordinance No. 191-10 (Annual Salary Ordinance FY2010-2011) to reflect
 the addition of one Class 5277 Planner I at the San Francisco Fire Department.
 PASSED, ON FIRST READING 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 792 Printed at 4:32 pm on 12/14/10

### [Page 7](https://sfbos.info/documents/2021/2010-09-14-minutes#page-7)

Board of Supervisors Meeting Minutes 9/14/2010

From the Budget and Finance Committee Without Recommendation

Supervisor Alioto-Pier Excused from Voting
 Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Alioto-Pier be excused
 from voting on File No. 100865. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier

100865 [Establishing an Alcohol Cost Recovery Fee]
 Sponsors: Avalos; Mirkarimi, Maxwell, Mar, Daly and Campos
 Ordinance amending the San Francisco Administrative Code, Chapter 106, by adding Sections 106
 through 106.28, to impose a fee on alcoholic beverage wholesalers and certain other persons who
 distribute or sell alcoholic beverages in San Francisco to: 1) recover a portion of San Francisco's
 alcohol-attributable unreimbursed health costs, and; 2) fund administration costs.
 Supervisors Daly and Campos requested to be added as co-sponsors.
 Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED to: (1)
 Amend Section 106.7(a) to clarify that where a wholesaler sells alcoholic beverages to a retailer at a
 location outside the City, and the retailer then resells those beverages at a location within the City,
 the retailer would be responsible for paying the fee in those circumstances unless it can demonstrate
 that the Wholesaler already paid the fee for those beverages; (2) Add a new subsection (a) to Section
 106.16 that would authorize the Controller to adjust the fee annually to reflect changes in the
 Consumer Price Index; and (3) Amend Section 106.16 to provide that, pursuant to the Controller's
 biannual review of the fee, the Controller would be authorized to decrease the fee in order to ensure
 the City does not recover more than its eligible costs, but not increase the fee. The motion carried by
 the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier
 Supervisor Mirkarimi, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED to:
 (1) Add a new subsection (f) to Section 106.7 regarding quarterly exclusion up to $1,000; and (2) Add
 language to Section 106.10(b) to clarify that the Tax Collector shall promulgate rules to implement the
 quarterly exclusion. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 1 - Alioto-Pier
 PASSED ON FIRST READING AS AMENDED by the following vote:
 Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi
 Noes: 3 - Chu, Dufty, Elsbernd
 Excused: 1 - Alioto-Pier

City and County of San Francisco Page 793 Printed at 4:32 pm on 12/14/10
