# Board of Supervisors Minutes: April 12, 2011

- Meeting date: 2011-04-12
- Document type: minutes
- Source format: PDF
- Extracted pages: 25
- [Canonical HTML transcript](https://sfbos.info/documents/2075/2011-04-12-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m041211.pdf)

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

## Structured legislative records

### File 101537: Planning Code - Urban Agriculture

- Pages: 4-5
- Sponsors: Mayor; Chiu, Cohen, Mirkarimi and Mar
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 66-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110313: Settlement Agreement and Lease Amendment - Forty Niners, Ltd.

- Pages: 5
- Sponsors: Mayor; Chiu, Cohen and Farrell
- Vote 1: final-passage, likely final
  - 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. Ordinance No. 65-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110225: Park Code - Botanical Garden Non-Resident Fees

- Pages: 5
- Sponsors: Mayor
- Vote 1: amendment
  - Action: 110225 [Park Code - Botanical Garden Non-Resident Fees] Sponsor: Mayor Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1) extend admission fees to the Botanical Garden for non-San Francisco residents beyond June 30, 2011; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park Department receives revenue from a new tax that can be used for Botanical Garden operating and maintenance costs, and make environmental findings. (Fiscal Impact.) Supervisor Chiu, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
  - Noes: Avalos, Campos
- Vote 2: first-reading
  - Action: Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1) extend admission fees to the Botanical Garden for non-San Francisco residents until September 30, 2013; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park Department receives revenue from a new tax that can be used for Botanical Garden operating and maintenance costs, and make environmental findings. PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
  - Noes: Avalos, Campos, Kim, Mar, Mirkarimi

### File 110113: Appropriating $143,445 of General Fund Property Transfer Tax and Reducing Botanical Garden Fee Revenue for FY2010-2011

- Pages: 5-6
- Sponsors: Avalos
- Vote 1: first-reading
  - Action: 110113 [Appropriating $143,445 of General Fund Property Transfer Tax and Reducing Botanical Garden Fee Revenue for FY2010-2011] Sponsor: Avalos Ordinance appropriating $143,445 of General Fund from new property transfer tax and reducing botanical garden fee revenues, which will be rescinded as of the effective date of this ordinance, in the Department of Recreation and Park for FY2010-2011. PASSED ON FIRST READING. The motion FAILED by the following vote:
  - Ayes: Avalos, Campos, Mar, Mirkarimi
  - Noes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener

### File 110349: Accept and Expend Grant - Office of Financial Empowerment Direct Deposit Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance for FY2010-2011 - $240,000

- Pages: 6
- Sponsors: Campos
- Vote 1: first-reading
  - Action: 110349 [Accept and Expend Grant - Office of Financial Empowerment Direct Deposit Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance for FY2010-2011 - $240,000] Sponsor: Campos Ordinance authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in the amount of $240,000 from the Earned Assets Resource Network for implementing the Office of Financial Empowerment Direct Deposit Program, and amending Ordinance 191-10 (Annual Salary Ordinance, FY2010-2011) to provide for the creation of one (1) grant-funded position in the Office of Financial Empowerment. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110223: Public Works Code - Waiver of Street Encroachment Permit Fees - Stairway Improvements on 48th Avenue at Balboa Street

- Pages: 6
- Sponsors: Mar
- Vote 1: first-reading
  - Action: 110223 [Public Works Code - Waiver of Street Encroachment Permit Fees - Stairway Improvements on 48th Avenue at Balboa Street] Sponsor: Mar Ordinance waiving the Street Encroachment Permit Fees in Public Works Code Section 2.1.1 and Public Works Code Sections 786 et seq. for stairway improvements on the unaccepted stairway located on the western side of 48th Avenue between Balboa and Anza Streets. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110350: Annual Reports - Yerba Buena Community Benefit District

- Pages: 6
- Sponsors: Kim
- Vote 1: adoption, likely final
  - Action: 110350 [Annual Reports - Yerba Buena Community Benefit District] Sponsor: Kim Resolution regarding Yerba Buena Community Benefit District Annual Reports to the City by receiving and approving the District's Annual Reports for FYs 2008-2009 and 2009-2010, which include the District's proposed budget for FY2010-1011, as submitted, pursuant to Section 36650 of the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City. Resolution No. 161-11 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110351: Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000

- Pages: 6-7
- Sponsors: Mayor; Kim
- Vote 1: adoption, likely final
  - Action: 110351 [Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000] Sponsors: Mayor; Kim Resolution authorizing the Mayor’s Office of Housing to expend SOMA Community Stabilization funds in the amount of $100,000 to provide grants to nonprofit organizations for: 1) a SOMA Community Coordinator to coordinate and focus community participation related to the development of 333 Harrison; 2) assistance in reassessing and refining the SOMA Community Stabilization Fund Strategic Plan. Resolution No. 162-11 ADOPTED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

## Extracted text

### [Page 5](https://sfbos.info/documents/2075/2011-04-12-minutes#page-5)

Board of Supervisors Meeting Minutes 4/12/2011

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.
 Ordinance No. 65-11
 FINALLY PASSED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

NEW BUSINESS

From the Budget and Finance Committee Without Recommendation

110225 [Park Code - Botanical Garden Non-Resident Fees]
 Sponsor: Mayor
 Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1)
 extend admission fees to the Botanical Garden for non-San Francisco residents beyond June 30,
 2011; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park
 Department receives revenue from a new tax that can be used for Botanical Garden operating and
 maintenance costs, and make environmental findings.
 (Fiscal Impact.)
 Supervisor Chiu, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
 Ayes: 9 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
 Noes: 2 - Avalos, Campos
 Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46 to: 1)
 extend admission fees to the Botanical Garden for non-San Francisco residents until September
 30, 2013; and 2) eliminate the provision cancelling this admission fee if the Recreation and Park
 Department receives revenue from a new tax that can be used for Botanical Garden operating and
 maintenance costs, and make environmental findings.
 PASSED ON FIRST READING AS AMENDED by the following vote:
 Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
 Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi

110113 [Appropriating $143,445 of General Fund Property Transfer Tax and Reducing
 Botanical Garden Fee Revenue for FY2010-2011]
 Sponsor: Avalos
 Ordinance appropriating $143,445 of General Fund from new property transfer tax and reducing
 botanical garden fee revenues, which will be rescinded as of the effective date of this ordinance, in
 the Department of Recreation and Park for FY2010-2011.
 PASSED ON FIRST READING. The motion FAILED by the following vote:
 Ayes: 4 - Avalos, Campos, Mar, Mirkarimi
 Noes: 7 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener

City and County of San Francisco Page 304 Printed at 3:20 pm on 5/17/11

### [Page 6](https://sfbos.info/documents/2075/2011-04-12-minutes#page-6)

Board of Supervisors Meeting Minutes 4/12/2011

Recommendations of the Budget and Finance Sub-Committee

110349 [Accept and Expend Grant - Office of Financial Empowerment Direct Deposit
 Program - Citywide Electronic Pay and Amendment to the Annual Salary Ordinance
 for FY2010-2011 - $240,000]
 Sponsor: Campos
 Ordinance authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in
 the amount of $240,000 from the Earned Assets Resource Network for implementing the Office of
 Financial Empowerment Direct Deposit Program, and amending Ordinance 191-10 (Annual Salary
 Ordinance, FY2010-2011) to provide for the creation of one (1) grant-funded position in the Office
 of Financial Empowerment.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

110223 [Public Works Code - Waiver of Street Encroachment Permit Fees - Stairway
 Improvements on 48th Avenue at Balboa Street]
 Sponsor: Mar
 Ordinance waiving the Street Encroachment Permit Fees in Public Works Code Section 2.1.1 and
 Public Works Code Sections 786 et seq. for stairway improvements on the unaccepted stairway
 located on the western side of 48th Avenue between Balboa and Anza Streets.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

110350 [Annual Reports - Yerba Buena Community Benefit District]
 Sponsor: Kim
 Resolution regarding Yerba Buena Community Benefit District Annual Reports to the City by
 receiving and approving the District's Annual Reports for FYs 2008-2009 and 2009-2010, which
 include the District's proposed budget for FY2010-1011, as submitted, pursuant to Section 36650
 of the Property and Business Improvement District Law of 1994 (California Streets and Highways
 Code §§36600 et seq.) and Section 3.4 of the District's management contract with the City.
 Resolution No. 161-11
 ADOPTED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

110351 [Authorizing Expenditures from SOMA Community Stabilization Fund - $100,000]
 Sponsors: Mayor; Kim
 Resolution authorizing the Mayor’s Office of Housing to expend SOMA Community Stabilization
 funds in the amount of $100,000 to provide grants to nonprofit organizations for: 1) a SOMA
 Community Coordinator to coordinate and focus community participation related to the
 development of 333 Harrison; 2) assistance in reassessing and refining the SOMA Community
 Stabilization Fund Strategic Plan.
 Resolution No. 162-11
 ADOPTED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

City and County of San Francisco Page 305 Printed at 3:20 pm on 5/17/11