# Board of Supervisors Minutes: November 1, 2011

- Meeting date: 2011-11-01
- Document type: minutes
- Source format: PDF
- Extracted pages: 28
- [Canonical HTML transcript](https://sfbos.info/documents/2121/2011-11-01-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m110111.pdf)

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

## Structured legislative records

### File 111030: Administrative Code - Health Care Security Ordinance

- Pages: 7-8
- Sponsors: Chiu
- Vote 1: amendment
  - Action: 111030 [Administrative Code - Health Care Security Ordinance] Sponsor: Chiu Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, 14.4, and adding Section 14.1.5 to: 1) clarify that only expenditures reasonably calculated to benefit the employee shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 2) provide, in the alternative if triggered by court action, that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 3) require employers imposing surcharges to pay for the required expenditures to report certain information to OLSE in connection with the surcharge; 4) add an employee notification requirement; 5) modify penalty provisions; and 6) set an operative date. Supervisor Cohen, seconded by Supervisor Chiu, 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: equirements of the Health Care Security Ordinance; 2) require that contributions to a health reimbursement account remain available to the employee for two years; rather than one year; 3) condition use of a health reimbursement account in 2012 upon carry-over of any balance in the account at the end of 2011; 4) provide, in the alternative if triggered by court action, that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 5) require employers imposing surcharges on customers to use the full amount collected under the surcharge for employee health care expenditures; 6) add an employee notification requirement; 7) modify penalty provisions; and 8) set an operative date. Supervisor Cohen requested to be added as a co-sponsor. Privilege of the floor was granted to Jason Elliot (Mayor's Office) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Superviosr Chiu, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to November 15, 2011, with the Board sitting as a Committee of the Whole. The motion carried by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
  - Noes: Avalos, Campos, Kim, Mar, Mirkarimi

### File 110590: Planning Code - Reconstruction of Buildings Damaged or Destroyed by Fire or Acts of God

- Pages: 8
- Sponsors: Cohen
- Vote 1: first-reading
  - Action: 110590 [Planning Code - Reconstruction of Buildings Damaged or Destroyed by Fire or Acts of God] Sponsor: Cohen Ordinance amending the San Francisco Planning Code Sections 181(d) and 188(b) to: 1) provide a process for the reconstruction of buildings damaged or destroyed by fire or acts of God; 2) provide a retroactive operative date of August 1, 2009; and 3) adopt findings, including environmental findings and Planning Code Section 302 findings. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110999: Administrative Code - Financial Policy Regarding Selected Nonrecurring Revenues

- Pages: 8-9
- Sponsors: Mayor; Chiu, Farrell and Chu
- Vote 1: first-reading
  - Action: 110999 [Administrative Code - Financial Policy Regarding Selected Nonrecurring Revenues] Sponsors: Mayor; Chiu, Farrell and Chu Ordinance amending the San Francisco Administrative Code Section 10.60, and adding Section 10.61, to adopt a binding financial policy under Charter Section 9.120 providing that Selected Nonrecurring Revenues may only be spent on Nonrecurring Expenditures. (Controller) (Fiscal Impact.) Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to November 15, 2011. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111000: Administrative Code - Certificates of Participation and Commercial Paper Debt Policies

- Pages: 9
- Sponsors: Mayor; Farrell, Chiu and Chu
- Vote 1: first-reading
  - Action: 111000 [Administrative Code - Certificates of Participation and Commercial Paper Debt Policies] Sponsors: Mayor; Farrell, Chiu and Chu Ordinance amending the San Francisco Administrative Code by adding Section 10.62 to adopt a binding financial policy under Charter Section 9.120 regarding certificates of participation and commercial paper. (Controller) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111001: Administrative Code - Budget Procedures and Reporting Requirements

- Pages: 9
- Sponsors: Mayor; Chiu, Farrell and Chu
- Vote 1: first-reading
  - Action: 111001 [Administrative Code - Budget Procedures and Reporting Requirements] Sponsors: Mayor; Chiu, Farrell and Chu Ordinance amending the San Francisco Administrative Code Sections 3.3, 3.4, 3.5, 3.6, 3.20, 22A.6, 88.4, and by repealing Sections 88.8, and 88.10 to: 1) update budget procedures to accommodate two-year budget cycles and five-year financial planning requirements; and 2) eliminate outdated and duplicative reporting requirements. (Controller) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111084: Appropriating $1,843,125 of Children’s Fund Contingency in the Department of Children, Youth, and their Families to Fund Subsidized Child Care for Low Income Families - FY2011-2012

- Pages: 9
- Sponsors: Mayor; Mar
- Vote 1: first-reading
  - Action: 111084 [Appropriating $1,843,125 of Children’s Fund Contingency in the Department of Children, Youth, and their Families to Fund Subsidized Child Care for Low Income Families - FY2011-2012] Sponsors: Mayor; Mar Ordinance appropriating $1,843,125 of Children’s Fund Designated Contingency to the Department of Children, Youth, and their Families to allow California Department of Education Title Five Contractors to provide subsidized child care funding for low income families in order to mitigate State cuts in FY2011-2012. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111085: Memorandum of Understanding, Amendment No. 4 - Service Employees International Union, Local 1021 (H-1 Fire Rescue Paramedics)

- Pages: 9-10
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 111085 [Memorandum of Understanding, Amendment No. 4 - Service Employees International Union, Local 1021 (H-1 Fire Rescue Paramedics)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021, H-1 Fire Rescue Paramedics, by extending its term to June 30, 2015, and implementing specified terms and conditions of employment for FYs 2011-2012, 2012-2013, 2013-2014, and 2014-2015. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

## Extracted text

### [Page 8](https://sfbos.info/documents/2121/2011-11-01-minutes#page-8)

Board of Supervisors Meeting Minutes 11/1/2011

 Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, 14.4, and adding
 Sections 14.1.5 and 14.1.6 to: 1) clarify that only expenditures reasonably calculated to benefit the
 employee shall satisfy the employer expenditure requirements of the Health Care Security
 Ordinance; 2) require that contributions to a health reimbursement account remain available to the
 employee for two years; rather than one year; 3) condition use of a health reimbursement account
 in 2012 upon carry-over of any balance in the account at the end of 2011; 4) provide, in the
 alternative if triggered by court action, that only amounts actually paid to provide employee health
 care services shall satisfy the employer expenditure requirements of the Health Care Security
 Ordinance; 5) require employers imposing surcharges on customers to use the full amount
 collected under the surcharge for employee health care expenditures; 6) add an employee
 notification requirement; 7) modify penalty provisions; and 8) set an operative date.
 Supervisor Cohen requested to be added as a co-sponsor.

 Privilege of the floor was granted to Jason Elliot (Mayor's Office) who responded to questions
 raised throughout the discussion.
 Supervisor Cohen, seconded by Superviosr Chiu, moved that this Ordinance be CONTINUED AS
 AMENDED ON FIRST READING to November 15, 2011, with the Board sitting as a Committee of the
 Whole. The motion carried by the following vote:
 Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
 Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi

Recommendation of the Land Use and Economic Development Committee

110590 [Planning Code - Reconstruction of Buildings Damaged or Destroyed by Fire or
 Acts of God]
 Sponsor: Cohen
 Ordinance amending the San Francisco Planning Code Sections 181(d) and 188(b) to: 1) provide a
 process for the reconstruction of buildings damaged or destroyed by fire or acts of God; 2) provide
 a retroactive operative date of August 1, 2009; and 3) adopt findings, including environmental
 findings and Planning Code Section 302 findings.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

NEW BUSINESS

Recommendations of the Budget and Finance Committee

110999 [Administrative Code - Financial Policy Regarding Selected Nonrecurring
 Revenues]
 Sponsors: Mayor; Chiu, Farrell and Chu
 Ordinance amending the San Francisco Administrative Code Section 10.60, and adding Section
 10.61, to adopt a binding financial policy under Charter Section 9.120 providing that Selected
 Nonrecurring Revenues may only be spent on Nonrecurring Expenditures. (Controller)
 (Fiscal Impact.)
 Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON
 FIRST READING to November 15, 2011. The motion carried by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
City and County of San Francisco Page 921 Printed at 9:44 am on 12/14/11

### [Page 9](https://sfbos.info/documents/2121/2011-11-01-minutes#page-9)

Board of Supervisors Meeting Minutes 11/1/2011

111000 [Administrative Code - Certificates of Participation and Commercial Paper Debt
 Policies]
 Sponsors: Mayor; Farrell, Chiu and Chu
 Ordinance amending the San Francisco Administrative Code by adding Section 10.62 to adopt a
 binding financial policy under Charter Section 9.120 regarding certificates of participation and
 commercial paper. (Controller)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

111001 [Administrative Code - Budget Procedures and Reporting Requirements]
 Sponsors: Mayor; Chiu, Farrell and Chu
 Ordinance amending the San Francisco Administrative Code Sections 3.3, 3.4, 3.5, 3.6, 3.20,
 22A.6, 88.4, and by repealing Sections 88.8, and 88.10 to: 1) update budget procedures to
 accommodate two-year budget cycles and five-year financial planning requirements; and 2)
 eliminate outdated and duplicative reporting requirements. (Controller)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

111084 [Appropriating $1,843,125 of Children’s Fund Contingency in the Department of
 Children, Youth, and their Families to Fund Subsidized Child Care for Low Income
 Families - FY2011-2012]
 Sponsors: Mayor; Mar
 Ordinance appropriating $1,843,125 of Children’s Fund Designated Contingency to the Department
 of Children, Youth, and their Families to allow California Department of Education Title Five
 Contractors to provide subsidized child care funding for low income families in order to mitigate
 State cuts in FY2011-2012.
 (Fiscal Impact)
 Supervisor Mar requested to be added as a co-sponsor.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

111085 [Memorandum of Understanding, Amendment No. 4 - Service Employees
 International Union, Local 1021 (H-1 Fire Rescue Paramedics)]
 Sponsor: Mayor
 Ordinance adopting and implementing Amendment No. 4 to the 2007-2013 Memorandum of
 Understanding between the City and County of San Francisco and the Service Employees
 International Union, Local 1021, H-1 Fire Rescue Paramedics, by extending its term to June 30,
 2015, and implementing specified terms and conditions of employment for FYs 2011-2012,
 2012-2013, 2013-2014, and 2014-2015.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

City and County of San Francisco Page 922 Printed at 9:44 am on 12/14/11