# Board of Supervisors Minutes: April 5, 2011 - Meeting date: 2011-04-05 - Document type: minutes - Source format: PDF - Extracted pages: 21 - [Canonical HTML transcript](https://sfbos.info/documents/2073/2011-04-05-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m040511.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110352: Disproportionate Federal Cuts to the Community Development Block Grant Program - Pages: 4-5 - Sponsors: Mayor; Chu, Avalos, Chiu, Mirkarimi, Kim and Mar - Vote 1: adoption, likely final - Action: 110352 [Disproportionate Federal Cuts to the Community Development Block Grant Program] Sponsors: Mayor; Chu, Avalos, Chiu, Mirkarimi, Kim and Mar Resolution urging the Federal government to minimize the cuts to the Community Development Block Grant Program proposed by the President and the United States Congress. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 157-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110210: Airline/Airport Lease and Use Agreements - Various Airlines - Pages: 5 - Vote 1: adoption, likely final - Action: 110210 [Airline/Airport Lease and Use Agreements - Various Airlines] Resolution approving leases to the terms of eight (8) new Airline/Airport Lease and Use Agreements between the City and various airlines, effective July 1, 2011, to allow such Airlines to conduct domestic and international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 156-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110318: Accept and Expend Grant - Used Motor Oil Recycling - $114,138 - Pages: 5 - Sponsors: Mar - Vote 1: adoption, likely final - Action: 110318 [Accept and Expend Grant - Used Motor Oil Recycling - $114,138] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $114,138 from the California Department of Resources Recycling and Recovery for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management. Resolution No. 158-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110155: Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area - Pages: 5-6 - Sponsors: Mayor; Kim, Chiu, Farrell, Cohen, Wiener and Chu - Vote 1: amendment - Action: 110155 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area] Sponsors: Mayor; Kim, Chiu, Farrell, Cohen, Wiener and Chu Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the Office of Economic and Welfare Development. (Fiscal Impact; Economic Impact.) Supervisor Kim, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: first-reading - Action: Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the City Administrator. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener - Noes: Avalos, Campos, Mirkarimi ### File 110255: Endorsing Community Concerns of Surveillance, Racial, and Religious Profiling - Pages: 6 - Sponsors: Mirkarimi; Mar, Avalos, Campos and Chiu - Vote 1: adoption, likely final - Action: 110255 [Endorsing Community Concerns of Surveillance, Racial, and Religious Profiling] Sponsors: Mirkarimi; Mar, Avalos, Campos and Chiu Resolution endorsing “Community Concerns of Surveillance, Racial, and Religious Profiling of Arab, Middle Eastern, Muslim, and South Asian Communities (AMEMSA) and Potential Reactivation of Police Department’s Intelligence Gathering,” a report published by the San Francisco Human Rights Commission. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 160-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Absent: Kim ### File 101537: Planning Code - Urban Agriculture - Pages: 6 - Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Mar - Vote 1: amendment - Action: 101537 [Planning Code - Urban Agriculture] Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Mar Ordinance amending the Planning Code to update controls related to urban agricultural uses by adding Section 102.34 to define urban agriculture, including neighborhood agriculture and large-scale urban agriculture, and amending Sections 204.1, 209.5, 227, 234.1, 234.2, and Articles 7 and 8 to regulate such uses in various zoning districts; and making findings including environmental findings and findings of consistency with General Plan and Section 101.1. Supervisors Mirkarimi and Mar requested to be added as co-sponsors. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Absent: Kim - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Absent: Kim ### File 110313: Settlement Agreement and Lease Amendment - Forty Niners, Ltd. - Pages: 6-7 - Sponsors: Mayor; Chiu, Cohen and Farrell - Vote 1: first-reading - Action: 110313 [Settlement Agreement and Lease Amendment - Forty Niners, Ltd.] Sponsors: Mayor; Chiu, Cohen and Farrell Ordinance authorizing a settlement agreement and related lease amendment with the San Francisco Forty Niners, Ltd. (the 49ers) to settle a claim made by the 49ers on June 18, 2010, against the City and County of San Francisco relating to the condition of Candlestick Stadium; exempting any new City policy requirements that the City's Administrative Code would otherwise require for a material amendment to the lease. Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener - Absent: Kim ## Extracted text ### [Page 5](https://sfbos.info/documents/2073/2011-04-05-minutes#page-5) Board of Supervisors Meeting Minutes 4/5/2011 Recommendations of the Budget and Finance Sub-Committee 110210 [Airline/Airport Lease and Use Agreements - Various Airlines] Resolution approving leases to the terms of eight (8) new Airline/Airport Lease and Use Agreements between the City and various airlines, effective July 1, 2011, to allow such Airlines to conduct domestic and international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 156-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110318 [Accept and Expend Grant - Used Motor Oil Recycling - $114,138] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $114,138 from the California Department of Resources Recycling and Recovery for the purpose of increasing Used Motor Oil Recycling and Household Hazardous Waste Management. Resolution No. 158-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener From the Budget and Finance Sub-Committee Without Recommendation 110155 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion in Central Market Street and Tenderloin Area] Sponsors: Mayor; Kim, Chiu, Farrell, Cohen, Wiener and Chu Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the Office of Economic and Welfare Development. (Fiscal Impact; Economic Impact.) Supervisor Kim, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance amending Article 12-A of the Business and Tax Regulations Code by adding Section 906.3 to establish a payroll expense tax exclusion for businesses located in the Central Market Street and Tenderloin Area and requiring persons with an annual payroll expense of over $1,000,000 to enter into a Community Benefits Agreement with the City Administrator. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener Noes: 3 - Avalos, Campos, Mirkarimi City and County of San Francisco Page 284 Printed at 3:50 pm on 5/10/11 ### [Page 6](https://sfbos.info/documents/2073/2011-04-05-minutes#page-6) Board of Supervisors Meeting Minutes 4/5/2011 Recommendation of the City Operations and Neighborhood Services Committee Supervisor Kim was noted absent at 3:15 p.m. 110255 [Endorsing Community Concerns of Surveillance, Racial, and Religious Profiling] Sponsors: Mirkarimi; Mar, Avalos, Campos and Chiu Resolution endorsing “Community Concerns of Surveillance, Racial, and Religious Profiling of Arab, Middle Eastern, Muslim, and South Asian Communities (AMEMSA) and Potential Reactivation of Police Department’s Intelligence Gathering,” a report published by the San Francisco Human Rights Commission. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 160-11 ADOPTED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Absent: 1 - Kim Recommendations of the Land Use and Economic Development Committee 101537 [Planning Code - Urban Agriculture] Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Mar Ordinance amending the Planning Code to update controls related to urban agricultural uses by adding Section 102.34 to define urban agriculture, including neighborhood agriculture and large-scale urban agriculture, and amending Sections 204.1, 209.5, 227, 234.1, 234.2, and Articles 7 and 8 to regulate such uses in various zoning districts; and making findings including environmental findings and findings of consistency with General Plan and Section 101.1. Supervisors Mirkarimi and Mar requested to be added as co-sponsors. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Absent: 1 - Kim PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Absent: 1 - Kim 110313 [Settlement Agreement and Lease Amendment - Forty Niners, Ltd.] Sponsors: Mayor; Chiu, Cohen and Farrell Ordinance authorizing a settlement agreement and related lease amendment with the San Francisco Forty Niners, Ltd. (the 49ers) to settle a claim made by the 49ers on June 18, 2010, against the City and County of San Francisco relating to the condition of Candlestick Stadium; exempting any new City policy requirements that the City's Administrative Code would otherwise require for a material amendment to the lease. Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Mar, Mirkarimi, Wiener Absent: 1 - Kim City and County of San Francisco Page 285 Printed at 3:50 pm on 5/10/11