Board of Supervisors Minutes: November 18, 2014

141134 [Appointments, Bicycle Advisory Committee - Kevin Dole, Winston Parsons, Edward Nicolson, Morgan Fitzgibbons, and Richard May] Motion appointing Kevin Dole, Winston Parsons, Edward Nicolson, Morgan Fitzgibbons, and Richard May, terms ending November 19, 2016, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M14-187 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

ormula Retail uses to comply with performance guidelines; amend the Conditional Use criteria for Large-Scale Retail Uses, and for Formula Retail uses of 20,000 gross square feet or greater except for General and Specialty Grocery stores, to require an economic impact study and establish new fees for said study; require 30 days’ public notice for conditional use hearings on proposed Formula Retail uses; amend Neighborhood Commercial Districts that required Conditional Use for Financial and Limited Financial Services to principally permit Financial and Limited Financial Services except in the Castro Street Neighborhood Commercial District, Upper Market Neighborhood Commercial Transit District, and 24th Street - Noe Valley Neighborhood Commercial District; delete the Conditional Use requirement for Walk-Up Facilities that are not set back 3 feet; and correct various Code provisions to ensure accuracy of cross-references; and adopting findings, including environmental findings, Planning Code, Section 302 findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 235-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141097 [Administrative Code - Department of Public Health Managed Care Contracts] Sponsors: Farrell; Chiu and Campos Ordinance amending the Administrative Code to authorize the Director of Health to enter into managed care contracts for the provision of services to individuals covered under federal and state programs including subsidized health coverage for low income populations. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141039 [Accept and Expend Grant - Herz Playground Improvements - A. Ruiz Construction Company and Associates, Inc. - $117,000] Sponsor: Cohen Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of $117,000 from A. Ruiz Construction Company and Associates, Inc., for improvements to the pathways at Herz Playground for the period of May 15, 2014, through May 31, 2014. Resolution No. 421-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141040 [Accept and Expend Grant - Herz Playground Improvements - O.C. Jones and Sons, Inc. - $248,000] Sponsor: Cohen Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of $248,000 from O.C. Jones and Sons, Inc., for the renovation of the baseball diamond at Herz Playground for the period of March 26, 2014, through May 31, 2014. Resolution No. 422-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141100 [Accept and Expend Grant - Racial and Ethnic Approaches to Community Health - Heart Healthy SF- $799,159] Sponsors: Cohen; Mar Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $799,159 from Centers for Disease Control and Prevention to participate in a program entitled "Racial and Ethnic Approaches to Community Health - Heart Healthy SF" for the period of September 30, 2014, through September 29, 2015. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 423-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140989 [Support Goals for Federal Funding - Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Programs - FY2015-2016] Resolution supporting FY2015-2016 Community Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Consolidated Plan Goals. (Mayor's Office of Housing) Resolution No. 424-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140981 [Administrative Code - Street Light Policy] Sponsors: Wiener; Cohen and Breed Ordinance amending the Administrative Code to provide a Street Light Policy; and to make relevant findings. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141005 [Street Encroachment - Automated Waste Collection System within Candlestick Point-Hunters Point Shipyard] Sponsor: Cohen Resolution granting revocable permission to Recology, Inc., to occupy a portion of the public right-of-way to construct and maintain various improvements for the below-grade Automated Waste Collection System (AWCS), which will be located within the Candlestick Point-Hunters Point Phase 2 Redevelopment Project Areas, to transport streams of solid waste in the AWCS pipe network from multiple private indoor and public outdoor waste inlets to separate enclosed centralized waste collection facilities for transport to off-site landfill, recycling, or compost facilities; conditioning the permit; making environmental findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 425-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141034 [Street Encroachment - Avalon Bay Communities - Hickory Street Frontage of 307-323-325 Octavia Street] Sponsor: Breed Resolution granting revocable permission to Avalon Bay Communities to occupy a portion of the public right-of-way to construct and maintain improvements within Hickory Street between Octavia and Laguna Streets fronting 307-323-325 Hickory Street (Assessor’s Block No. 0831, Lot No. 023), and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 426-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140697 [Donation of Obsolete Ambulance to City College of San Francisco] Resolution authorizing the Fire Department to donate an obsolete ambulance to the Emergency Medical Services Academy of City College of San Francisco. (Fire Department) Resolution No. 427-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140698 [Donation of Obsolete Self-Contained Breathing Apparatuses to City College of San Francisco Fire Sciences Program] Resolution authorizing the Fire Department to donate 30 obsolete Self-Contained Breathing Apparatuses to the City College of San Francisco Fire Sciences Program. (Fire Department) Resolution No. 428-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140914 [Liquor License - 533 Sutter Street] Resolution determining that the issuance of a Type 64 general theatre license to 533 Sutter Street (District 3), to Matt Shelton for the Shelton Theater, will serve the public convenience or necessity of City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 429-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141008 [Urging the Successful Resolution of Negotiations between the San Francisco Unified School District and the United Educators of San Francisco] Sponsors: Mar; Campos, Cohen and Avalos Resolution urging the successful resolution of negotiations between the San Francisco Unified School District and the United Educators of San Francisco to avoid a strike and an interruption to the education of San Francisco’s students. Resolution No. 430-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140909 [Administrative Code - Catastrophic Illness Programs] Ordinance amending the Administrative Code to authorize the Department of Public Health to designate another City department to carry out various functions in the administration of the Catastrophic Illness Program for City employees and the Catastrophic Illness Program for family members of City employees. (Public Health Department) PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

140953 [Environment Code - Revising the Urban Forestry Council Composition and Meeting Requirements] Sponsor: Wiener Ordinance amending the Environment Code to revise the composition and meeting schedule requirements for the Urban Forestry Council. PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141135 [Appointments, Mental Health Board - Deborah Hardy and Ulash Thakore-Dunlap] Motion appointing Deborah Hardy and Ulash Thakore-Dunlap, terms ending January 31, 2016, to the Mental Health Board. (Rules Committee) Motion No. M14-188 APPROVED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141060 [Affirming the Exemption Determination - 115 Telegraph Hill Boulevard] Motion affirming the determination by the Planning Department that a proposed project at 115 Telegraph Hill Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M14-189 Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Kim, Mar

Excused: Campos

141061 [Reversing the Exemption Determination - 115 Telegraph Hill Boulevard] Motion reversing the determination by the Planning Department that a proposed project at 115 Telegraph Hill Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Kim, Mar

Excused: Campos

141062 [Preparation of Findings to Reverse the Exemption Determination - 115 Telegraph Hill Boulevard] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 115 Telegraph Hill Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Kim, Mar

Excused: Campos

141065 [Approving the Conditional Use Authorization Decision - 115 Telegraph Hill Boulevard] Motion approving the decision of the Planning Commission by its Motion No. 19232, approving a Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: Avalos, Mar

Excused: Campos

141066 [Disapproving the Planning Commission's Conditional Use Authorization Decision - Approving a Conditional Use Authorization - 115 Telegraph Hill Boulevard] Motion disapproving the decision of the Planning Commission by its Motion No. 19232, approving a Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be AMENDED to disapprove the Planning Commission’s decision, approve the project, and add eleven conditions. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: Avalos, Mar

Excused: Campos

Motion disapproving the decision of the Planning Commission by its Motion No. 19232, approving a Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Motion No. M14-190 Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: Avalos, Mar

Excused: Campos

141067 [Preparation of Findings Related to the Conditional Use Authorization - 115 Telegraph Hill Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Authorization identified as Planning Case No. 2013.1375EC on property located at 115 Telegraph Hill Boulevard. (Clerk of the Board) Supervisor Chiu, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: Avalos, Mar

Excused: Campos

f the Whole relating to File No. 141166 and the subsequent nominations and election of the Board President. Female Speaker; Female Speaker; Male Speaker; Andy Duftin; expressed various concerns regarding the nomination and election of a Board President. Female Speaker; expressed her support of Supervisor Breed for Board President. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report NOMINATIONS FOR PRESIDENT OF THE BOARD Supervisor Farrell nominated Supervisor Tang. The President asked if there were any further nominations. There being no response the nominations for President of the Board of Supervisors were then closed. Supervisor Mar was noted absent at 7:11 p.m. Supervisor Avalos was noted absent at 7:13 p.m. ELECTION OF THE PRESIDENT OF THE BOARD The roll was called on the nomination of Supervisor Tang. Motion to elect Supervisor Tang as President of the Board of Supervisors, in the event a vacancy occurs to fill the unexpired portion of the term ending January 8, 2015, at 12:00 p.m., PASSED by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Absent: Avalos, Mar

Excused: Campos

140880 [Police Code - Hours and Retention Protections for Formula Retail Employees] Sponsors: Mar; Chiu, Campos and Avalos Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments, including requiring employers to offer additional hours of work, when available, to current part-time employees; and requiring successor employers to retain employees for 90 days upon a change in control of the business. (Economic Impact) Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion on File Nos. 140880 and 141024. Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener

Noes: Avalos, Kim, Yee

Excused: Campos

(Economic Impact) Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove 'property services contractors' from the requirements of this section. Supervisor Breed withdrew the motion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove the ‘private right of action’ requirements. The motion carried by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

(Economic Impact) Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS AMENDED to November 25, 2014. The motion FAILED by the following vote:

Ayes: Breed, Farrell, Tang, Wiener

Noes: Avalos, Chiu, Cohen, Kim, Mar, Yee

Excused: Campos

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141024 [Police Code - Fair Scheduling and Treatment of Formula Retail Employees] Sponsors: Chiu; Mar Ordinance amending the Police Code to require Formula Retail Establishments to provide employees with two weeks notice of work schedules, notice of changes to work schedules, and compensation for schedule changes made on less than seven days notice and unused on-call shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees. Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion on File Nos. 140880 and 141024. Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener

Noes: Avalos, Kim, Yee

Excused: Campos

Supervisor Tang, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 12, Line 11, by making the requirements of the San Francisco Family Friendly Workplace Ordinance, Chapter 12Z, prevail when there is an unavoidable conflict. The motion carried by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove 'property services contractors' from the requirements of this section. Supervisor Breed withdrew the motion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove the ‘private right of action’ requirements. The motion carried by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS AMENDED to November 25, 2014. The motion FAILED by the following vote:

Ayes: Breed, Farrell, Tang, Wiener

Noes: Avalos, Chiu, Cohen, Kim, Mar, Yee

Excused: Campos

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141164 [Final Transfer Map 8404 - 901 Gilman Avenue] Motion approving Final Transfer Map 8404, a twenty-three-lot subdivision located within Assessor’s Block No. 5000, Lot No. 1 and Assessor’s Block No. 4977, Lot No. 6, comprised of lots (Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23), and established for conveyancing or financing purposes in furtherance of the Candlestick Point and Phase 2 Hunters Point Shipyard development; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M14-192 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

141165 [Committee of the Whole - Receive Public Comment on Possible Nominations and Open Election of Board President] Sponsor: Chiu Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on November 18, 2014, for the purpose of receiving public comment on nominations and to open the election for the Office of Board President, in the event a vacancy occurs, to fill the unexpired portion of the term ending January 8, 2015, at 12:00 p.m. Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be REFERRED to Committee. The motion FAILED by the following vote:

Ayes: Avalos, Kim, Mar, Yee

Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener

Excused: Campos

Motion No. M14-194 APPROVED by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Kim, Mar, Yee

Excused: Campos

141152 [Committee of the Whole - Consent to Successor Agency Actions Facilitating Interim Financing for Transbay Transit Center - Transbay Redevelopment Project Area - December 9, 2014] Sponsor: Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, on December 9, 2014, at 3:00 p.m., to hold a public hearing to approve actions by the Commission on Community Investment and Infrastructure to subordinate property interest in a site designated for affordable housing in the Transbay Redevelopment Project Area for the construction of the Transbay Transit Center. Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be AMENDED to change the Committee of the Whole hearing date from 'November 25, 2014' to 'December 9, 2014.' The motion carried by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos

Motion No. M14-193 Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Excused: Campos