# 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 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

### File 110142: Appointment, Ethics Commission - Dorothy Liu

- Pages: 7
- Vote 1: amendment
  - Action: 110142 [Appointment, Ethics Commission - Dorothy Liu] Motion appointing Dorothy Liu, term ending February 1, 2017, to the Ethics Commission. (Clerk of the Board) Dorothy Liu, seat 1, succeeding Eileen Hansen, term expired, must be broadly representative of the general public, for the unexpired portion of a six-year term ending February 1, 2017. Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:
  - Ayes: Avalos, Mar, Mirkarimi
  - Noes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener
- Vote 2: approval, likely final
  - Action: Motion No. M11-50 APPROVED by the following vote:
  - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Noes: Avalos

## Extracted text

### [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

### [Page 7](https://sfbos.info/documents/2073/2011-04-05-minutes#page-7)

Board of Supervisors Meeting Minutes 4/5/2011

 Supervisor Kim was noted present at 3:24 p.m.

SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
 There were none.

COMMITTEE REPORT

Recommendation of the Rules Committee

110142 [Appointment, Ethics Commission - Dorothy Liu]
 Motion appointing Dorothy Liu, term ending February 1, 2017, to the Ethics Commission. (Clerk of
 the Board)
 Dorothy Liu, seat 1, succeeding Eileen Hansen, term expired, must be broadly representative of
 the general public, for the unexpired portion of a six-year term ending February 1, 2017.
 Supervisor Mar, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:
 Ayes: 3 - Avalos, Mar, Mirkarimi
 Noes: 8 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener
 Motion No. M11-50
 APPROVED by the following vote:
 Ayes: 10 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
 Noes: 1 - Avalos

ROLL CALL FOR INTRODUCTIONS
 See Legislation Introduced below.

PUBLIC COMMENT
 Abdallah Megahed; expressed various concerns.
 James Chaffee; expressed concerns relating to the SF Public Library.
 Walter Paulson; shared in song certain concerns with the Board.
 Emil Spousa; expressed concerns relating to botanical garden fees.
 David Eldridge; expressed concerns relating to botanical garden fees.
 Natesh Daniel; expressed concerns relating to performing arts.
 Ace Washington; expressed various concerns.
 Male Speaker; expressed various religious concerns.
 Edmond Juicye; expressed various concerns.

City and County of San Francisco Page 286 Printed at 3:50 pm on 5/10/11