# Board of Supervisors Minutes: October 4, 2011 - Meeting date: 2011-10-04 - Document type: minutes - Source format: PDF - Extracted pages: 28 - [Canonical HTML transcript](https://sfbos.info/documents/2115/2011-10-04-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m100411.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 110980: Preparation of Findings to Reverse the Issuance of a Final Mitigated Negative Declaration - 3151-3155 Scott Street - Pages: 16-17 - Vote 1: tabling - Action: 110980 [Preparation of Findings to Reverse the Issuance of a Final Mitigated Negative Declaration - 3151-3155 Scott Street] Motion directing the Clerk of the Board to prepare findings reversing the issuance by the Planning Department of a Final Mitigated Negative Declaration for 3151-3155 Scott Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Wiener - Absent: Mar, Mirkarimi - Vote 2: rescission - Action: Supervisor Mirkarimi, seconded by Supervisor Wiener, 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: tabling - Action: Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 110935: Public Hearing - Conditional Use Appeal - 3151-3155 Scott Street - Pages: 17 ### File 110936: Approving the Planning Commission's Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street - Pages: 17-18 - Vote 1: approval, likely final - Action: 110936 [Approving the Planning Commission's Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion approving the Planning Commission's decision, by its Motion No. 18405, approving the Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M11-147 Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener - Noes: Farrell - Absent: Mar ### File 110937: Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street - Pages: 18 - Vote 1: tabling - Action: 110937 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion disapproving the Planning Commission’s decision, by its Motion No. 18405, approving Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener - Noes: Farrell - Absent: Mar ### File 110938: Preparation of Findings Related to the Conditional Use Authorization - 3151-3155 Scott Street - Pages: 18 - Vote 1: tabling - Action: 110938 [Preparation of Findings Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener - Noes: Farrell - Absent: Mar ### File 110998: Administrative Code - Health Care Security Ordinance - Pages: 18-19 - Sponsors: Campos; Cohen, Mar, Avalos, Kim and Mirkarimi - Vote 1: amendment - Action: 110998 [Administrative Code - Health Care Security Ordinance] Sponsors: Campos; Cohen, Mar, Avalos, Kim and Mirkarimi Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, and 14.4 to: 1) clarify that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 2) add an employee notification requirement; 3) modify penalty provisions; and 4) set an operative date. Supervisor Campos, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED on Page 5, Line 1, by replacing '(A) A former employee has not made a claim for any of the remaining available funds for 18 months (including a claim made on behalf of any other person eligible for reimbursement from health care expenses from the former employee's remaining available funds); or,' with '(A) The covered employee has not performed work for the employer for 18 months; or,'; and on Page 10, Lines 3, 5, and 6, by replacing '14.3(b)' with '14.3(c)'. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Cohen, Kim, Mar, Mirkarimi - Noes: Chiu, Chu, Elsbernd, Farrell, Wiener ## Extracted text ### [Page 17](https://sfbos.info/documents/2115/2011-10-04-minutes#page-17) Board of Supervisors Meeting Minutes 10/4/2011 SPECIAL ORDER 4:00 P.M. 110935 [Public Hearing - Conditional Use Appeal - 3151-3155 Scott Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 14, 2011, Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ, by its Motion No. 18405, under Planning Code Sections 303 and 249.55 to convert a vacant tourist hotel (dba Edward II Inn) to a group housing use containing up to 25 units (24 units for transitional age youth between 18 and 24, and one manager’s unit) within the NC-3 (Moderate Scale, Neighborhood Commercial) District, the Lombard and Scott Street Affordable Group Housing Special Use District (SUD) and a 40-X Height and Bulk District, on property located at 3151-3155 Scott Street, Assessor’s Block No. 0937, Lot No. 001. (District 2) (Appellant: Adam Polakoff on behalf of Cow Hollow Association, joined by Various Associations.) (Filed August 15, 2011; Companion Measure to File Nos. 110936, 110937, and 110938.) The President inquired as to whether any member of the public wished to address the Board. Steve Hammond (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Charles Holden; Howard Squires; Lori Brooke; Alan Silverman; Pamela Squires; Alfred Amini; Eve Soloman; Ann Harvey; Carolyn Harrington; Mildred Ness; Pam Shawshack; Veronica Field; Jennifer Harrington; Patricia Vaughey; Jeff Wood; spoke in support of the appeal. Lisa Gibson; Andrea Contreras; AnMarie Rodgers; (Planning Department); Andrea Ruiz-Esquide (City Attorney's Office); provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Gail Gilman; Wayne Barcelona; Cheryl Adams (Project Sponsors) provided an overview of the project and further requested the Board to uphold the decision of the Planning Commission. Charles Dickie; Seth Ketzman; Joseph Stickle; Vince Hinnegmann; Joel Lipski; Glendon Anaconda-Hyde; Reverend Arnold Townsend; Rob Giddon; Male Speaker; Steven Chung; Mark Slutzken; Barbara Abehr; Bill Campbell; Vanessa Geary; John Kalin; Thomas Sexton; Nathan Duran; Karen Summerich; Moni Vancer; Stephen Coke; Jeff Perry; Hinney Kelley; Morrie Singleton; Nadia Shireef; Jose Luis Mejia; Sherry Williams; Sandra Banya-Torrey; Richard Singleton; Jeff Bostick; Lisa Blakley; Tim Cullen; Amy Vinehard; Bob; Joe Mathis; Dierdre Cohen; Aguila Dunn; Bryon Whitton; Bob Bardell; Chris Jackson; Peter Cohen; Jennifer Freedomblach; Otto Duffy; spoke in support of the project and in opposition to the appeal. Steve Hammond (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 110936 [Approving the Planning Commission's Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion approving the Planning Commission's decision, by its Motion No. 18405, approving the Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M11-147 Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener Noes: 1 - Farrell Absent: 1 - Mar City and County of San Francisco Page 850 Printed at 2:58 pm on 11/23/11 ### [Page 18](https://sfbos.info/documents/2115/2011-10-04-minutes#page-18) Board of Supervisors Meeting Minutes 10/4/2011 110937 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion disapproving the Planning Commission’s decision, by its Motion No. 18405, approving Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener Noes: 1 - Farrell Absent: 1 - Mar 110938 [Preparation of Findings Related to the Conditional Use Authorization - 3151-3155 Scott Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.0420CETZ on property located at 3151-3155 Scott Street. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Kim, Mirkarimi, Wiener Noes: 1 - Farrell Absent: 1 - Mar COMMITTEE REPORTS Recommendation of the Government Audit and Oversight Committee 110998 [Administrative Code - Health Care Security Ordinance] Sponsors: Campos; Cohen, Mar, Avalos, Kim and Mirkarimi Ordinance amending the San Francisco Administrative Code Sections 14.1, 14.3, and 14.4 to: 1) clarify that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the Health Care Security Ordinance; 2) add an employee notification requirement; 3) modify penalty provisions; and 4) set an operative date. Supervisor Campos, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED on Page 5, Line 1, by replacing '(A) A former employee has not made a claim for any of the remaining available funds for 18 months (including a claim made on behalf of any other person eligible for reimbursement from health care expenses from the former employee's remaining available funds); or,' with '(A) The covered employee has not performed work for the employer for 18 months; or,'; and on Page 10, Lines 3, 5, and 6, by replacing '14.3(b)' with '14.3(c)'. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 6 - Avalos, Campos, Cohen, Kim, Mar, Mirkarimi Noes: 5 - Chiu, Chu, Elsbernd, Farrell, Wiener City and County of San Francisco Page 851 Printed at 2:58 pm on 11/23/11