# Board of Supervisors Minutes: August 2, 2011 - Meeting date: 2011-08-02 - Document type: minutes - Source format: PDF - Extracted pages: 39 - [Canonical HTML transcript](https://sfbos.info/documents/2105/2011-08-02-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m080211.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110506: Police, Planning, and Business and Tax Regulations Codes - Limited Live Performance Permits - Pages: 6-7 - Sponsors: Mirkarimi; Wiener, Mar and Campos - Vote 1: amendment - Action: 060.38.1; amending the San Francisco Planning Code Sections 102.17, 703.2, 790.38, 803.2, 803.3, and 890.37; and amending the San Francisco Business and Tax Regulations Code Section 8 to 1) create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances, said permit to include noise and hours restrictions but not necessarily security plan requirements; 2) to specify application and license fees and hearing requirements for said permit; and 3) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED on Page 36, beginning on Line 7, by adding '(b) No extension may be granted pursuant to subjection (a), above, for Limited Live Performance Permits granted in the following areas: the North Beach Neighborhood Commercial District as defined in Planning Code Section 722.1; and the Polk Street Neighborhood Commercial District as defined in Planning Code Section 723.1.' The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: amendment - Action: Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 36, beginning on Line 7, following the previous amendment, by adding '; the Union Street Neighborhood Commercial District as defined in Planning Code Section 725.1; the north and south sides of Chestnut Street between the east side of Fillmore Street and the west side of Divisadero Street, and the north side of Lombard Street, between Fillmore Street and Divisadero Street.' The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: amendment - Action: City and County of San Francisco Page 697 Printed at 8:30 am on 9/14/11 Board of Supervisors Meeting Minutes 8/2/2011 Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 31, beginning on Line 25, by adding '(2) The Director shall provide a copy of all Limited Live Performance Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.' The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 4: first-reading - Action: Ordinance amending the San Francisco Police Code Sections 2.26, 2.27, 1060, 1060.1, 1060.1-1, 1060.7.1, 1060.9, 1060.19, 1060.20.4, 1060.24, 1060.35, 2901, 2909, and 2916; adding to the San Francisco Police Code Sections 1060.2.1, 1060.3.1, 1060.5.1, 1060.38, and 1060.38.1; amending the San Francisco Planning Code Sections 102.17, 703.2, 790.38, 803.2, 803.3, and 890.37; and amending the San Francisco Business and Tax Regulations Code Section 8 to: 1) create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances, said permit to include noise and hours restrictions but not necessarily security plan requirements; 2) to specify application and license fees and hearing requirements for said permit; and 3) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110592: Planning Code - Inner Clement, Outer Clement, and Geary Neighborhood Commercial Controls - Pages: 7-8 - Sponsors: Mar; Avalos - Vote 1: final-passage, likely final - Action: 110592 [Planning Code - Inner Clement, Outer Clement, and Geary Neighborhood Commercial Controls] Sponsors: Mar; Avalos Ordinance amending the San Francisco Planning Code Sections 263.20, 712.1, 716.1, and 781.4 to: 1) allow one additional eating and drinking use as principally permitted in the Inner Clement Neighborhood Commercial Districts and allow any additional eating and drinking use in that district as conditionally permitted; 2) allow eating and drinking uses in the Outer Clement Neighborhood Commercial District with a conditional use permit; 3) remove the prohibition on large fast-food restaurants and prohibit formula retail pet supply stores and formula retail eating and drinking uses in the Geary Boulevard Fast-Food Subdistrict; 4) make video stores a principally permitted use on the ground floor in the NC-3 and the Inner Clement and Outer Clement Neighborhood Commercial Districts; and 5) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 170-11 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Mirkarimi - Noes: Chu, Elsbernd, Wiener ### File 110591: Settlement of Lawsuit - T-Mobile West Corporation - Pages: 8 - Sponsors: Elsbernd - Vote 1: final-passage, likely final - Action: 110591 [Settlement of Lawsuit - T-Mobile West Corporation] Sponsor: Elsbernd Ordinance authorizing settlement of the lawsuit filed by T-Mobile West Corporation against the City and County of San Francisco on July 8, 2010, in the United States District Court for the Northern District of California, Case No. C-10-03011-CW; entitled T-Mobile West Corporation v. City and County of San Francisco, according to the terms set forth in the Settlement Agreement and subject to court approval of the parties’ Stipulated Judgment; approving as part of the settlement a conditional use authorization enabling T-Mobile West Corporation to construct a wireless facility at 725 Taraval Street containing substantially fewer antennas than originally proposed and subject to all City required conditions; and making environmental findings. FINALLY PASSED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener - Noes: Avalos, Campos, Mar - Vote 2: rescission - Action: Supervisor Mirkarimi, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: final-passage, likely final - Action: Ordinance No. 171-11 FINALLY PASSED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener - Noes: Avalos, Campos, Mar, Mirkarimi ### File 110546: Administrative Code - Health Care Security Ordinance - Pages: 8-9 - Sponsors: Campos; Mar, Avalos, Mirkarimi, Cohen, Chiu and Kim - Vote 1: amendment - Action: 110546 [Administrative Code - Health Care Security Ordinance] Sponsors: Campos; Mar, Avalos, Mirkarimi, Cohen, Chiu and Kim Ordinance amending the San Francisco Administrative Code by amending Sections 14.1, 14.3, and 14.4 of the Health Care Security Ordinance to provide that only amounts actually paid or irrevocably committed to pay for providing employee health care services shall satisfy the employer expenditure requirements of the Ordinance, add an employee notification requirement, and to modify penalty provisions. (Economic Impact) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Ordinance be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chu, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Noes: Chiu, Cohen ## Extracted text ### [Page 7](https://sfbos.info/documents/2105/2011-08-02-minutes#page-7) Board of Supervisors Meeting Minutes 8/2/2011 Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 31, beginning on Line 25, by adding '(2) The Director shall provide a copy of all Limited Live Performance Permit applications and the corresponding public hearing notices within a specified geographic area to any Person who, in writing or by email, requests such and identifies the area. Such applications and notices shall be given at least 30 days prior to the date of the public hearings, or within 5 days after receipt of the request if the request is less than 30 days prior to the hearing.' The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance amending the San Francisco Police Code Sections 2.26, 2.27, 1060, 1060.1, 1060.1-1, 1060.7.1, 1060.9, 1060.19, 1060.20.4, 1060.24, 1060.35, 2901, 2909, and 2916; adding to the San Francisco Police Code Sections 1060.2.1, 1060.3.1, 1060.5.1, 1060.38, and 1060.38.1; amending the San Francisco Planning Code Sections 102.17, 703.2, 790.38, 803.2, 803.3, and 890.37; and amending the San Francisco Business and Tax Regulations Code Section 8 to: 1) create a Limited Live Performance Permit for indoor locales whose primary function is not presentation of live performances, said permit to include noise and hours restrictions but not necessarily security plan requirements; 2) to specify application and license fees and hearing requirements for said permit; and 3) making findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110592 [Planning Code - Inner Clement, Outer Clement, and Geary Neighborhood Commercial Controls] Sponsors: Mar; Avalos Ordinance amending the San Francisco Planning Code Sections 263.20, 712.1, 716.1, and 781.4 to: 1) allow one additional eating and drinking use as principally permitted in the Inner Clement Neighborhood Commercial Districts and allow any additional eating and drinking use in that district as conditionally permitted; 2) allow eating and drinking uses in the Outer Clement Neighborhood Commercial District with a conditional use permit; 3) remove the prohibition on large fast-food restaurants and prohibit formula retail pet supply stores and formula retail eating and drinking uses in the Geary Boulevard Fast-Food Subdistrict; 4) make video stores a principally permitted use on the ground floor in the NC-3 and the Inner Clement and Outer Clement Neighborhood Commercial Districts; and 5) making environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Ordinance No. 170-11 FINALLY PASSED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Mirkarimi Noes: 3 - Chu, Elsbernd, Wiener City and County of San Francisco Page 698 Printed at 8:30 am on 9/14/11 ### [Page 8](https://sfbos.info/documents/2105/2011-08-02-minutes#page-8) Board of Supervisors Meeting Minutes 8/2/2011 Recommendation of the Rules Committee 110591 [Settlement of Lawsuit - T-Mobile West Corporation] Sponsor: Elsbernd Ordinance authorizing settlement of the lawsuit filed by T-Mobile West Corporation against the City and County of San Francisco on July 8, 2010, in the United States District Court for the Northern District of California, Case No. C-10-03011-CW; entitled T-Mobile West Corporation v. City and County of San Francisco, according to the terms set forth in the Settlement Agreement and subject to court approval of the parties’ Stipulated Judgment; approving as part of the settlement a conditional use authorization enabling T-Mobile West Corporation to construct a wireless facility at 725 Taraval Street containing substantially fewer antennas than originally proposed and subject to all City required conditions; and making environmental findings. FINALLY PASSED by the following vote: Ayes: 8 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mirkarimi, Wiener Noes: 3 - Avalos, Campos, Mar Supervisor Mirkarimi, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance No. 171-11 FINALLY PASSED by the following vote: Ayes: 7 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener Noes: 4 - Avalos, Campos, Mar, Mirkarimi CALLED FROM COMMITTEE 110546 [Administrative Code - Health Care Security Ordinance] Sponsors: Campos; Mar, Avalos, Mirkarimi, Cohen, Chiu and Kim Ordinance amending the San Francisco Administrative Code by amending Sections 14.1, 14.3, and 14.4 of the Health Care Security Ordinance to provide that only amounts actually paid or irrevocably committed to pay for providing employee health care services shall satisfy the employer expenditure requirements of the Ordinance, add an employee notification requirement, and to modify penalty provisions. (Economic Impact) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chu, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Noes: 2 - Chiu, Cohen City and County of San Francisco Page 699 Printed at 8:30 am on 9/14/11