# Board of Supervisors Minutes: November 9, 2010

- Meeting date: 2010-11-09
- Document type: minutes
- Source format: PDF
- Extracted pages: 27
- [Canonical HTML transcript](https://sfbos.info/documents/2035/2010-11-09-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m110910.pdf)

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

## Structured legislative records

### File 101009: Environment Code - Healthy Air and Clean Transportation Program

- Pages: 6-7
- Sponsors: Mayor; Dufty, Mar, Campos and Chiu
- Vote 1: final-passage, likely final
  - Action: 101009 [Environment Code - Healthy Air and Clean Transportation Program] Sponsors: Mayor; Dufty, Mar, Campos and Chiu Ordinance (1) amending the San Francisco Environment Code by repealing current Sections 400 through 409, and adopting new Sections 400 through 424; (2) amending the San Francisco Environment Code by amending current Sections 410, 411, and 421 and re-numbering them as Sections 425, 426, and 427 respectively; and (3) amending the San Francisco Administrative Code by amending Section 4.10-1, all to establish and implement a new Healthy Air and Clean Transportation Program, providing for the gradual conversion of the City's vehicle fleet to clean air vehicles and the gradual reduction of the overall number of passenger vehicles and light duty trucks in the City's vehicle fleet by 20 percent; and making environmental findings. Ordinance No. 278-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101157: Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations

- Pages: 7
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 101157 [Administrative Code - Updating Provisions Consistent with State and Local Law and Related Clean-Up Provisions on Employee Relations] Sponsor: Mayor Ordinance amending Section 16.200 through Section 16.222 of the San Francisco Administrative Code regarding Employee Relations to update provisions consistent with state and local law and related clean-up provisions. Martin Gran (Department of Human Resources) responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FIRST READING to November 16, 2010. The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101096: Health Code - Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items

- Pages: 7
- Sponsors: Mar; Campos, Chiu and Avalos
- Vote 1: final-passage, likely final
  - Action: 101096 [Health Code - Setting Nutritional Standards for Restaurant Food Sold Accompanied by Toys or Other Youth Focused Incentive Items] Sponsors: Mar; Campos, Chiu and Avalos Ordinance amending Article 8 of the San Francisco Health Code by adding Sections 471.1 through 471.9, to set nutritional standards for restaurant food sold accompanied by toys or other youth focused incentive items. Ordinance No. 290-10 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Alioto-Pier, Chu, Elsbernd

### File 101246: Administrative Code - Medical Cannabis Task Force Membership, Powers, and Duties

- Pages: 7-8
- Sponsors: Campos
- Vote 1: final-passage, likely final
  - Action: 101246 [Administrative Code - Medical Cannabis Task Force Membership, Powers, and Duties] Sponsor: Campos Ordinance amending San Francisco Administrative Code by amending Sections 5.2-3 and 5.2-5 to: (1) increase the number of members of the San Francisco Medical Cannabis Task Force (Task Force) from 13 to 15; (2) establish qualifications for the two members added to the Task Force; and (3) expand powers and duties of the Task Force to include developing and making recommendations to the Board of Supervisors about local regulation of medical cannabis in the event that State Proposition 19 is approved by the voters in the election held on November 2, 2010. Ordinance No. 287-10 FINALLY PASSED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
  - Noes: Chu, Elsbernd

### File 101099: Business and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration

- Pages: 8
- Sponsors: Mirkarimi; Dufty
- Vote 1: first-reading
  - Action: ss and Tax Regulations Code - Common Administrative Provisions; Parking Tax; Business Registration] Sponsors: Mirkarimi; Dufty Ordinance amending the San Francisco Business and Tax Regulations Code by: (1) amending Article 6 (Common Administrative Provisions) to revise provisions relating to: certificates of authority to collect third-party taxes; prepayment and remittance requirements for hotel and parking operators; enforcement procedures and penalties; and to otherwise clarify and update the provisions of Article 6; (2) amending Article 9 (Tax on Occupancy of Parking Space in Parking Stations), Article 10 (Utility Users Tax), and Article 12 (Business Registration), to lengthen the time period that service suppliers must preserve records from 4 years to 5 years and to extend the payment date of the registration certificate; (3) repealing Sections 608 through 608.8 of Article 9 (Tax on Occupancy of Parking Space in Parking Stations); and (4) amending the San Francisco Administrative Code by amending Article XIII (Funds), Chapter 10 (Finance, Taxation, and Other Fiscal Matters), to correct references to the California Government Code. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101100: Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes

- Pages: 8
- Sponsors: Mirkarimi; Dufty
- Vote 1: first-reading
  - Action: 101100 [Business and Tax Regulations Code - Adding to the Definition of "Control," Revising the Enforcement Authority, and Making Other Nonsubstantive Changes] Sponsors: Mirkarimi; Dufty Ordinance amending Article 22 of the Business and Tax Regulations Code by amending Sections 2201 through 2210, 2215, 2216, 2218, 2220, 2225, 2226, 2229, 2230, 2232, and 2233 and repealing Sections 2217, 2223, 2224, and 2237, to establish a presumption that certain operators, signatories and owners control the business affairs of the parking station, revise the Enforcing Agency's authority to permit the use of all authority granted by law and by Article 6 of this Code, and make other nonsubstantive changes. PASSED, ON FIRST READING by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

### File 101356: Assessment Ballots for City-Owned Parcels for Proposed Ocean Avenue Community Benefits District

- Pages: 8-9
- Sponsors: Avalos
- Vote 1: adoption, likely final
  - Action: 101356 [Assessment Ballots for City-Owned Parcels for Proposed Ocean Avenue Community Benefits District] Sponsor: Avalos Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City and County of San Francisco as the owner of two parcels and part of a third parcel of real property over which the Board of Supervisors has jurisdiction, where those two parcels and the partial parcel would be subject to assessment in the proposed property and business improvement district to be named the Ocean Avenue Community Benefits District. Resolution No. 528-10 ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Noes: Daly

## Extracted text

### [Page 7](https://sfbos.info/documents/2035/2010-11-09-minutes#page-7)

Board of Supervisors Meeting Minutes 11/9/2010

Recommendation of the Government Audit and Oversight Committee

101157 [Administrative Code - Updating Provisions Consistent with State and Local Law
 and Related Clean-Up Provisions on Employee Relations]
 Sponsor: Mayor
 Ordinance amending Section 16.200 through Section 16.222 of the San Francisco Administrative
 Code regarding Employee Relations to update provisions consistent with state and local law and
 related clean-up provisions.
 Martin Gran (Department of Human Resources) responded to questions raised throughout the
 discussion.
 Supervisor Mar, seconded by Supervisor Dufty, moved that this Ordinance be CONTINUED ON FIRST
 READING to November 16, 2010. The motion carried by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

Recommendation of the Land Use and Economic Development Committee

101096 [Health Code - Setting Nutritional Standards for Restaurant Food Sold
 Accompanied by Toys or Other Youth Focused Incentive Items]
 Sponsors: Mar; Campos, Chiu and Avalos
 Ordinance amending Article 8 of the San Francisco Health Code by adding Sections 471.1 through
 471.9, to set nutritional standards for restaurant food sold accompanied by toys or other youth
 focused incentive items.
 Ordinance No. 290-10
 FINALLY PASSED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 3 - Alioto-Pier, Chu, Elsbernd

Recommendation of the Rules Committee

101246 [Administrative Code - Medical Cannabis Task Force Membership, Powers, and
 Duties]
 Sponsor: Campos
 Ordinance amending San Francisco Administrative Code by amending Sections 5.2-3 and 5.2-5 to:
 (1) increase the number of members of the San Francisco Medical Cannabis Task Force (Task
 Force) from 13 to 15; (2) establish qualifications for the two members added to the Task Force;
 and (3) expand powers and duties of the Task Force to include developing and making
 recommendations to the Board of Supervisors about local regulation of medical cannabis in the
 event that State Proposition 19 is approved by the voters in the election held on November 2, 2010.
 Ordinance No. 287-10
 FINALLY PASSED by the following vote:
 Ayes: 9 - Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi
 Noes: 2 - Chu, Elsbernd

City and County of San Francisco Page 981 Printed at 4:13 pm on 12/14/10

### [Page 8](https://sfbos.info/documents/2035/2010-11-09-minutes#page-8)

Board of Supervisors Meeting Minutes 11/9/2010

NEW BUSINESS

Recommendations of the Budget and Finance Committee

101099 [Business and Tax Regulations Code - Common Administrative Provisions;
 Parking Tax; Business Registration]
 Sponsors: Mirkarimi; Dufty
 Ordinance amending the San Francisco Business and Tax Regulations Code by: (1) amending
 Article 6 (Common Administrative Provisions) to revise provisions relating to: certificates of
 authority to collect third-party taxes; prepayment and remittance requirements for hotel and parking
 operators; enforcement procedures and penalties; and to otherwise clarify and update the
 provisions of Article 6; (2) amending Article 9 (Tax on Occupancy of Parking Space in Parking
 Stations), Article 10 (Utility Users Tax), and Article 12 (Business Registration), to lengthen the time
 period that service suppliers must preserve records from 4 years to 5 years and to extend the
 payment date of the registration certificate; (3) repealing Sections 608 through 608.8 of Article 9
 (Tax on Occupancy of Parking Space in Parking Stations); and (4) amending the San Francisco
 Administrative Code by amending Article XIII (Funds), Chapter 10 (Finance, Taxation, and Other
 Fiscal Matters), to correct references to the California Government Code.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101100 [Business and Tax Regulations Code - Adding to the Definition of "Control,"
 Revising the Enforcement Authority, and Making Other Nonsubstantive Changes]
 Sponsors: Mirkarimi; Dufty
 Ordinance amending Article 22 of the Business and Tax Regulations Code by amending Sections
 2201 through 2210, 2215, 2216, 2218, 2220, 2225, 2226, 2229, 2230, 2232, and 2233 and
 repealing Sections 2217, 2223, 2224, and 2237, to establish a presumption that certain operators,
 signatories and owners control the business affairs of the parking station, revise the Enforcing
 Agency's authority to permit the use of all authority granted by law and by Article 6 of this Code,
 and make other nonsubstantive changes.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi

101356 [Assessment Ballots for City-Owned Parcels for Proposed Ocean Avenue
 Community Benefits District]
 Sponsor: Avalos
 Resolution authorizing the Mayor to cast assessment ballots in the affirmative on behalf of the City
 and County of San Francisco as the owner of two parcels and part of a third parcel of real property
 over which the Board of Supervisors has jurisdiction, where those two parcels and the partial parcel
 would be subject to assessment in the proposed property and business improvement district to be
 named the Ocean Avenue Community Benefits District.
 Resolution No. 528-10
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Noes: 1 - Daly

City and County of San Francisco Page 982 Printed at 4:13 pm on 12/14/10
