# Board of Supervisors Minutes: December 6, 2011

- Meeting date: 2011-12-06
- Document type: minutes
- Source format: PDF
- Extracted pages: 26
- [Canonical HTML transcript](https://sfbos.info/documents/2129/2011-12-06-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m120611.pdf)

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

## Structured legislative records

### File 111178: Appointments, Medical Cannabis Task Force - Hunter Holliman, Leonard Watkins, Martin Olive, Sarah Shrader, Brent Saupe, and Jean Talleyrand

- Pages: 6-7
- Vote 1: approval, likely final
  - Action: al care facility with a background as an employee or volunteer in direct services working with medical cannabis patients or as a nurse or physician with a background in working with or treating of medical cannabis patients, for a term ending December 31, 2012. Martin Olive, seat 6, succeeding Martin Olive, term expired, must be a person with a background in the management of a medical cannabis dispensary, for a term ending December 31, 2012. Sarah Shrader, seat 8, succeeding Sarah Shrader, term expired, must be a representative of a drug policy organization working specifically on medical cannabis issues, for a term ending December 31, 2012. Brent Saupe, seat 10, succeeding Albert Blais, resigned, must be a person with a background in providing medical cannabis to low-income patients, for a term ending December 31, 2012. Jean Talleyrand, seat 15, new appointment, must be a licensed or an accredited health care practitioner practicing in San Francisco with a background in medical cannabis and familiarity with the laws and regulations governing medical cannabis, for a term ending December 31, 2012. Motion No. M11-171 APPROVED The foregoing items were acted upon by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 101055: Environment Code - Checkout Bags and Checkout Bag Charge

- Pages: 7
- Sponsors: Mirkarimi; Avalos and Campos
- Vote 1: amendment
  - Action: 101055 [Environment Code - Checkout Bags and Checkout Bag Charge] Sponsors: Mirkarimi; Avalos and Campos Ordinance amending the San Francisco Environment Code by: 1) amending Section 1702 to extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail establishments and food establishments in the City and County of San Francisco, and clarify terms; 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, rising to 25 cents, if they provide a customer with a checkout bag; 3) setting an operative date of July 1, 2012; and 4) making environmental findings. (Economic Impact) Privilege of the floor was granted to Melanie Nutter, Director, Department of Environment, who provided an overview and responded to questions raised throughout the discussion. Supervisor Mirkarimi, seconded by Supervisor Wiener, 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: Ordinance amending the San Francisco Environment Code by: 1) amending Section 1702 to extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail establishments and food establishments in the City and County of San Francisco, and clarify terms; 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, if they provide a customer with a checkout bag; 3) setting an operative date of October 1, 2012; and 4) making environmental findings. Supervisor Kim, seconded by Supervisor Chu, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to February 7, 2012. The motion carried by the following vote:
  - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener
  - Noes: Avalos, Campos, Mar, Mirkarimi

### File 111075: Campaign and Governmental Conduct Code - Televising Ethics Commission Meetings

- Pages: 7-8
- Sponsors: Campos; Chiu and Mar
- Vote 1: final-passage, likely final
  - Action: 111075 [Campaign and Governmental Conduct Code - Televising Ethics Commission Meetings] Sponsors: Campos; Chiu and Mar Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding Section 3.301 to require the Ethics Commission to televise its meetings on San Francisco Government Television (SFGovTV). Ordinance No. 237-11 FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111096: Contract Amendment - Western Area Power Administration - Electric Services - Not to Exceed $15,950,888

- Pages: 8
- Vote 1: first-reading
  - Action: 111096 [Contract Amendment - Western Area Power Administration - Electric Services - Not to Exceed $15,950,888] Ordinance approving the second amendment to the contract between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for delivery of low-cost power and scheduling coordinator services to Treasure Island and Yerba Buena Island; and approving the City indemnifying and holding the United States harmless against claims arising from the activities of the City under the contract, and waiving the requirement of the San Francisco Administrative Code Section 21.19 which requires that a City contract contain a statement of guaranteed maximum costs, and waiving the requirement of the San Francisco Administrative Code Section 21.35 which requires that every contract contain a statement regarding liability of claimants for submitting false claims. (Public Utilities Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111101: Administrative, Business and Tax Regulations, Fire, Health, and Police Codes - Business License Fees

- Pages: 8
- Sponsors: Chiu; Chu, Kim and Cohen
- Vote 1: first-reading
  - Action: 111101 [Administrative, Business and Tax Regulations, Fire, Health, and Police Codes - Business License Fees] Sponsors: Chiu; Chu, Kim and Cohen Ordinance amending various sections of the San Francisco Business and Tax Regulations Code, Administrative Code, Fire Code, Health Code, and Police Code to: 1) establish March 31 as the date for the annual renewal of certain business licenses; 2) apply a schedule of penalties for failure to timely renew certain business licenses; and 3) require Departments to post current business license fees on their websites. (Treasurer-Tax Collector) Supervisors Kim and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 111102: Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Compensation Paid to Individuals with a Felony Conviction

- Pages: 8-9
- Sponsors: Mirkarimi; Campos
- Vote 1: amendment
  - Action: 111102 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for Compensation Paid to Individuals with a Felony Conviction] Sponsors: Mirkarimi; Campos Ordinance amending the San Francisco Business and Tax Regulations Code, Article 12-A, by adding Section 906.5 to establish a Payroll Expense Tax exclusion for compensation paid to individuals who have a felony conviction. (Fiscal Impact) (Supervisor Chu dissented in Committee.) A motion was made by Supervisor Cohen, seconded by Supervisor Elsbernd, that this matter be RE-REFERRED to the Budget and Finance Committee. The motion FAILED by the following vote:
  - Ayes: Chiu, Chu, Cohen, Wiener
  - Noes: Avalos, Campos, Elsbernd, Farrell, Kim, Mar, Mirkarimi
- Vote 2: first-reading
  - Action: NOT PASSED ON FIRST READING by the following vote:
  - Ayes: Campos, Cohen, Kim, Mar, Mirkarimi
  - Noes: Avalos, Chiu, Chu, Elsbernd, Farrell, Wiener

## Extracted text

### [Page 7](https://sfbos.info/documents/2129/2011-12-06-minutes#page-7)

Board of Supervisors Meeting Minutes 12/6/2011

REGULAR AGENDA

UNFINISHED BUSINESS

Recommendation of the City Operations and Neighborhood Services Committee

101055 [Environment Code - Checkout Bags and Checkout Bag Charge]
 Sponsors: Mirkarimi; Avalos and Campos
 Ordinance amending the San Francisco Environment Code by: 1) amending Section 1702 to
 extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail
 establishments and food establishments in the City and County of San Francisco, and clarify terms;
 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, rising to 25
 cents, if they provide a customer with a checkout bag; 3) setting an operative date of July 1, 2012;
 and 4) making environmental findings.
 (Economic Impact)
 Privilege of the floor was granted to Melanie Nutter, Director, Department of Environment, who
 provided an overview and responded to questions raised throughout the discussion.
 Supervisor Mirkarimi, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN
 AMENDMENT OF THE WHOLE BEARING NEW TITLE. 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 Environment Code by: 1) amending Section 1702 to
 extend the restrictions on checkout bags from supermarkets and chain pharmacies to all retail
 establishments and food establishments in the City and County of San Francisco, and clarify terms;
 2) adding Section 1703.5 to require stores to add a checkout bag charge of 10 cents, if they
 provide a customer with a checkout bag; 3) setting an operative date of October 1, 2012; and 4)
 making environmental findings.
 Supervisor Kim, seconded by Supervisor Chu, moved that this Ordinance be CONTINUED AS
 AMENDED ON FIRST READING to February 7, 2012. The motion carried by the following vote:
 Ayes: 7 - Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener
 Noes: 4 - Avalos, Campos, Mar, Mirkarimi

Recommendation of the Government Audit and Oversight Committee

111075 [Campaign and Governmental Conduct Code - Televising Ethics Commission
 Meetings]
 Sponsors: Campos; Chiu and Mar
 Ordinance amending the San Francisco Campaign and Governmental Conduct Code by adding
 Section 3.301 to require the Ethics Commission to televise its meetings on San Francisco
 Government Television (SFGovTV).
 Ordinance No. 237-11
 FINALLY PASSED by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

City and County of San Francisco Page 1011 Printed at 11:01 am on 1/25/12

### [Page 8](https://sfbos.info/documents/2129/2011-12-06-minutes#page-8)

Board of Supervisors Meeting Minutes 12/6/2011

NEW BUSINESS

Recommendations of the Budget and Finance Committee

111096 [Contract Amendment - Western Area Power Administration - Electric Services -
 Not to Exceed $15,950,888]
 Ordinance approving the second amendment to the contract between the City and County of San
 Francisco and the United States, through the Department of Energy Western Area Power
 Administration, for delivery of low-cost power and scheduling coordinator services to Treasure
 Island and Yerba Buena Island; and approving the City indemnifying and holding the United States
 harmless against claims arising from the activities of the City under the contract, and waiving the
 requirement of the San Francisco Administrative Code Section 21.19 which requires that a City
 contract contain a statement of guaranteed maximum costs, and waiving the requirement of the
 San Francisco Administrative Code Section 21.35 which requires that every contract contain a
 statement regarding liability of claimants for submitting false claims. (Public Utilities Commission)
 (Fiscal Impact)
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

111101 [Administrative, Business and Tax Regulations, Fire, Health, and Police Codes -
 Business License Fees]
 Sponsors: Chiu; Chu, Kim and Cohen
 Ordinance amending various sections of the San Francisco Business and Tax Regulations Code,
 Administrative Code, Fire Code, Health Code, and Police Code to: 1) establish March 31 as the
 date for the annual renewal of certain business licenses; 2) apply a schedule of penalties for failure
 to timely renew certain business licenses; and 3) require Departments to post current business
 license fees on their websites. (Treasurer-Tax Collector)
 Supervisors Kim and Cohen requested to be added as co-sponsors.
 PASSED, ON FIRST READING by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

111102 [Business and Tax Regulations Code - Payroll Expense Tax Exclusion for
 Compensation Paid to Individuals with a Felony Conviction]
 Sponsors: Mirkarimi; Campos
 Ordinance amending the San Francisco Business and Tax Regulations Code, Article 12-A, by
 adding Section 906.5 to establish a Payroll Expense Tax exclusion for compensation paid to
 individuals who have a felony conviction.
 (Fiscal Impact)
 (Supervisor Chu dissented in Committee.)
 A motion was made by Supervisor Cohen, seconded by Supervisor Elsbernd, that this matter be
 RE-REFERRED to the Budget and Finance Committee. The motion FAILED by the following vote:
 Ayes: 4 - Chiu, Chu, Cohen, Wiener
 Noes: 7 - Avalos, Campos, Elsbernd, Farrell, Kim, Mar, Mirkarimi
 NOT PASSED ON FIRST READING by the following vote:
 Ayes: 5 - Campos, Cohen, Kim, Mar, Mirkarimi
 Noes: 6 - Avalos, Chiu, Chu, Elsbernd, Farrell, Wiener
City and County of San Francisco Page 1012 Printed at 11:01 am on 1/25/12
