# 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 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 ### File 110594: Administrative Code - Enforcement of Minimum Wage Law by the Office of Labor Standards Enforcement - Pages: 9 - Sponsors: Campos; Mar, Avalos, Chiu, Mirkarimi and Kim - Vote 1: first-reading - Action: 12R.7, 12R.16, 12R.17, 12R.18, and 12R.25 to: 1) enhance the Office of Labor Standards Enforcement's enforcement of the City's Minimum Wage Ordinance by clarifying agency access to places of employment; 2) require a policy to resolve complaints or initiate enforcement actions within one year; 3), raise the penalty for employer retaliation; 4) impose a penalty for failure to post minimum wage rates; 5) provide for posting notice to employees upon commencement of an investigation and public posting of employer non-compliance, and impose penalties for violation of these posting requirements; 6) impose a penalty for failure to provide employer's name, address, and telephone number to employees; 7) allow for back wages held in escrow for an employee for three years or more to be used to enforce the Minimum Wage Ordinance or other laws enforced by the Office of Labor Standards Enforcement if the Office of Labor Standards Enforcement cannot locate the employee; 8) provide authority to immediately issue an administrative citation upon sufficient evidence of certain violations; and 9) require industry-focused outreach materials for employees. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110583: Administrative Code - Cash Difference and Overage Funds - Pages: 9 - Vote 1: first-reading - Action: 110583 [Administrative Code - Cash Difference and Overage Funds] Ordinance amending the San Francisco Administrative Code Section 10.82 to: 1) authorize the Controller to establish cash difference and overage funds for the use of any county officer or department head or judicial district handling judicial funds; 2) to increase, reduce, or discontinue the funds; 3) require any county officer or department head using such funds to report to the Controller; and 4) require the Controller to annually report to the Board of Supervisors regarding the cash difference and overage funds. (Treasurer-Tax Collector) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110217: Purchase Agreement - Permanent Access Road Easement and Temporary Construction Easement - San Joaquin County - $10,000 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 110217 [Purchase Agreement - Permanent Access Road Easement and Temporary Construction Easement - San Joaquin County - $10,000] Resolution approving and authorizing an agreement for the purchase of a permanent access road easement and a temporary construction easement over, on, and in portions of Assessor's Parcel Nos. 253-170-05 located in San Joaquin County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $10,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) Resolution No. 330-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ## Extracted text ### [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 ### [Page 9](https://sfbos.info/documents/2105/2011-08-02-minutes#page-9) Board of Supervisors Meeting Minutes 8/2/2011 NEW BUSINESS Recommendations of the Budget and Finance Committee 110594 [Administrative Code - Enforcement of Minimum Wage Law by the Office of Labor Standards Enforcement] Sponsors: Campos; Mar, Avalos, Chiu, Mirkarimi and Kim Ordinance amending the San Francisco Administrative Code Sections 12R.5, 12R.7, 12R.16, 12R.17, 12R.18, and 12R.25 to: 1) enhance the Office of Labor Standards Enforcement's enforcement of the City's Minimum Wage Ordinance by clarifying agency access to places of employment; 2) require a policy to resolve complaints or initiate enforcement actions within one year; 3), raise the penalty for employer retaliation; 4) impose a penalty for failure to post minimum wage rates; 5) provide for posting notice to employees upon commencement of an investigation and public posting of employer non-compliance, and impose penalties for violation of these posting requirements; 6) impose a penalty for failure to provide employer's name, address, and telephone number to employees; 7) allow for back wages held in escrow for an employee for three years or more to be used to enforce the Minimum Wage Ordinance or other laws enforced by the Office of Labor Standards Enforcement if the Office of Labor Standards Enforcement cannot locate the employee; 8) provide authority to immediately issue an administrative citation upon sufficient evidence of certain violations; and 9) require industry-focused outreach materials for employees. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110583 [Administrative Code - Cash Difference and Overage Funds] Ordinance amending the San Francisco Administrative Code Section 10.82 to: 1) authorize the Controller to establish cash difference and overage funds for the use of any county officer or department head or judicial district handling judicial funds; 2) to increase, reduce, or discontinue the funds; 3) require any county officer or department head using such funds to report to the Controller; and 4) require the Controller to annually report to the Board of Supervisors regarding the cash difference and overage funds. (Treasurer-Tax Collector) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 110217 [Purchase Agreement - Permanent Access Road Easement and Temporary Construction Easement - San Joaquin County - $10,000] Resolution approving and authorizing an agreement for the purchase of a permanent access road easement and a temporary construction easement over, on, and in portions of Assessor's Parcel Nos. 253-170-05 located in San Joaquin County, required for the San Joaquin Pipeline System Project No. CUW37301 for a purchase price of $10,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the City’s General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) Resolution No. 330-11 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 700 Printed at 8:30 am on 9/14/11