# Board of Supervisors Minutes: November 22, 2011 - Meeting date: 2011-11-22 - Document type: minutes - Source format: PDF - Extracted pages: 22 - [Canonical HTML transcript](https://sfbos.info/documents/2127/2011-11-22-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m112211.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110904: Administrative Code - References to the Bureaus of Architecture, Engineering, and Construction Management - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 110904 [Administrative Code - References to the Bureaus of Architecture, Engineering, and Construction Management] Ordinance amending the San Francisco Administrative Code Section 2A.190 to deem each reference to the "Bureau of Architecture," "Bureau of Engineering," and "Bureau of Construction Management" in the San Francisco Municipal Code to be a reference to the "Department of Public Works." (Public Works Department) Ordinance No. 233-11 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111030: Administrative Code - Health Care Security Ordinance - Pages: 5 - Sponsors: Chiu; Cohen - Vote 1: amendment - Action: ve Code - Health Care Security Ordinance] Sponsors: Chiu; Cohen 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) 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. See duplicated File No. 111267. Supervisor Cohen, seconded by Supervisor Elsbernd, DUPLICATED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: final-passage, likely final - Action: Ordinance No. 232-11 FINALLY PASSED by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener - Noes: Avalos, Campos, Kim, Mar, Mirkarimi ### File 111267: Administrative Code - Health Care Security Ordinance - Pages: 5-6 - Sponsors: Chiu; Cohen - Vote 1: referral - Action: cisco 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) 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. See duplicated File No. 111030. Supervisor Cohen, seconded by Supervisor Elsbernd, moved that this Ordinance be REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111094: Memorandum of Understanding Amendment - Alameda County Resource Conservation District - Not to Exceed $775,000 - Pages: 6 - Vote 1: adoption, likely final - Action: 111094 [Memorandum of Understanding Amendment - Alameda County Resource Conservation District - Not to Exceed $775,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute the first amendment to the Memorandum of Understanding with the Alameda County Resource Conservation District for an amount not to exceed $775,000 and with a total duration of 14 years, pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 502-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111111: California Constitution Appropriations Limit for FY2011-2012 - Pages: 6 - Sponsors: Chu - Vote 1: adoption, likely final - Action: 111111 [California Constitution Appropriations Limit for FY2011-2012] Sponsor: Chu Resolution establishing the appropriations limit for FY2011-2012 pursuant to California Constitution Article XIII(B). Resolution No. 493-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111152: Airport Lease and Use Agreement - Swiss International Air Lines, Limited - Pages: 6 - Vote 1: adoption, likely final - Action: 111152 [Airport Lease and Use Agreement - Swiss International Air Lines, Limited] Resolution approving the terms of 2011 Airline/Airport Lease and Use Agreement L11-0182 between the City and County of San Francisco and Swiss International Air Lines, Limited, to conduct international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 501-11 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111153: Contract Extension - Voting System - Not to Exceed $2,264,800 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 111153 [Contract Extension - Voting System - Not to Exceed $2,264,800] Resolution approving an amendment to the existing contract between the City and County of San Francisco, through its Department of Elections, and Dominion Voting Systems for an amount not to exceed $2,264,800 and to extend the term of the contract through December 10, 2013. (Elections Department) (Fiscal Impact) Resolution No. 494-11 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/2127/2011-11-22-minutes#page-5) Board of Supervisors Meeting Minutes 11/22/2011 REGULAR AGENDA UNFINISHED BUSINESS From the Board 111030 [Administrative Code - Health Care Security Ordinance] Sponsors: Chiu; Cohen 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) 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. See duplicated File No. 111267. Supervisor Cohen, seconded by Supervisor Elsbernd, DUPLICATED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Ordinance No. 232-11 FINALLY PASSED by the following vote: Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi 111267 [Administrative Code - Health Care Security Ordinance] Sponsors: Chiu; Cohen 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) 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. See duplicated File No. 111030. Supervisor Cohen, seconded by Supervisor Elsbernd, moved that this Ordinance be REFERRED to the Government Audit and Oversight Committee. 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 988 Printed at 2:35 pm on 1/11/12 ### [Page 6](https://sfbos.info/documents/2127/2011-11-22-minutes#page-6) Board of Supervisors Meeting Minutes 11/22/2011 NEW BUSINESS Recommendations of the Budget and Finance Committee 111094 [Memorandum of Understanding Amendment - Alameda County Resource Conservation District - Not to Exceed $775,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute the first amendment to the Memorandum of Understanding with the Alameda County Resource Conservation District for an amount not to exceed $775,000 and with a total duration of 14 years, pursuant to Charter Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 502-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 111111 [California Constitution Appropriations Limit for FY2011-2012] Sponsor: Chu Resolution establishing the appropriations limit for FY2011-2012 pursuant to California Constitution Article XIII(B). Resolution No. 493-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 111152 [Airport Lease and Use Agreement - Swiss International Air Lines, Limited] Resolution approving the terms of 2011 Airline/Airport Lease and Use Agreement L11-0182 between the City and County of San Francisco and Swiss International Air Lines, Limited, to conduct international flight operations at San Francisco International Airport. (Airport Commission) Resolution No. 501-11 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener 111153 [Contract Extension - Voting System - Not to Exceed $2,264,800] Resolution approving an amendment to the existing contract between the City and County of San Francisco, through its Department of Elections, and Dominion Voting Systems for an amount not to exceed $2,264,800 and to extend the term of the contract through December 10, 2013. (Elections Department) (Fiscal Impact) Resolution No. 494-11 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 989 Printed at 2:35 pm on 1/11/12