# Board of Supervisors Minutes: February 14, 2017 - Meeting date: 2017-02-14 - Document type: minutes - Source format: PDF - Extracted pages: 19 - [Canonical HTML transcript](https://sfbos.info/documents/418/2017-02-14-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=533252&GUID=8F30E4BB-53B0-4B10-B949-46E180AD5EFF) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 161064: Administrative, Planning Codes - New Hotels and Motels Near Places of Entertainment - Pages: 7-8 - Sponsors: Breed; Farrell - Vote 1: first-reading - Action: 161064 [Administrative, Planning Codes - New Hotels and Motels Near Places of Entertainment] Sponsors: Breed; Farrell Ordinance amending the Administrative and Planning Codes to authorize the Entertainment Commission to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment, and to provide recommendations to the Planning Department and/or Department of Building Inspection regarding such projects, and require the Planning Department and Planning Commission to consider noise issues when reviewing proposed hotel and motel projects; affirming the Planning Department’s determination 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. Supervisor Farrell requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161352: Health Code - Sale of Domestic Dogs and Cats - Pages: 8 - Sponsors: Tang; Farrell and Cohen - Vote 1: first-reading - Action: 161352 [Health Code - Sale of Domestic Dogs and Cats] Sponsors: Tang; Farrell and Cohen Ordinance amending the Health Code to prohibit pet stores from selling dogs or cats not obtained from animal rescue organizations or shelters, and prohibiting the sale of puppies or kittens under eight weeks old. Supervisors Farrell and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161268: Liquor License Transfer - 616 Divisadero Street - Pages: 8 - Vote 1: adoption, likely final - Action: 161268 [Liquor License Transfer - 616 Divisadero Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to Emporium SF, LLC, dba Emporium San Francisco, located at 616 Divisadero Street (District 5), 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. (Public Safety and Neighborhood Services Committee) Resolution No. 045-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161136: Amending Board Rules - Administration of Oaths - Pages: 8-9 - Sponsors: Peskin - Vote 1: amendment - Action: forth the process for administration of oaths to individuals testifying before the Board, and to authorize the Government Audit and Oversight Committee to administer oaths. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 19, by striking ‘a’ and adding ‘the Government Audit and Oversight’, Line 22, by adding ‘City employees testifying in their official capacity and persons testifying during’; on Page 1, Line 25, through Page 2, Line 2, by adding ‘In addition to the authority granted by this Rule, the Board by written motion may authorize any standing committee to administer oaths, consistent with Charter Section 16.114.’; on Page 2, Lines 7-8, by striking ‘members of the general public offering comment during that portion of the meeting’ and adding ‘City employees testifying in their official capacity and persons testifying during public comment’, and Line 9, by striking ‘excluding public comment.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: approval, likely final - Action: NOT APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Safai, Yee - Noes: Farrell, Ronen, Sheehy, Tang ### File 170109: Confirming Reappointment - City Administrator - Naomi Kelly - Pages: 9 - Sponsors: Mayor - Vote 1: approval, likely final - Action: 170109 [Confirming Reappointment - City Administrator - Naomi Kelly] Sponsor: Mayor Motion confirming the reappointment of Naomi Kelly, for a five-year term, as City Administrator under Charter, Section 3.104. Motion No. M17-019 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170118: Amending Board Rules 3.27 and 3.28 - Striking Board Rule 3.31 - Adding Board Rule 3.29 to Create a Budget and Finance Select Committee on Federal Policy Changes - Pages: 9 - Sponsors: Breed; Cohen - Vote 1: amendment - Action: 170118 [Amending Board Rules 3.27 and 3.28 - Striking Board Rule 3.31 - Adding Board Rule 3.29 to Create a Budget and Finance Select Committee on Federal Policy Changes] Sponsors: Breed; Cohen Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.33 to create a Budget and Finance Select Committee on Federal Policy Changes. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Tang, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1 and 6, and Page 2, Lines 6 and 7, by changing ‘3.33’ to ‘3.29.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: approval, likely final - Action: Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.29 to create a Budget and Finance Select Committee on Federal Policy Changes. Motion No. M17-020 APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: other - Action: Supervisor Cohen Excused from Voting Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Cohen be excused from voting on File No. 170146. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen ### File 170146: Appointment, California State Association of Counties - Supervisor Malia Cohen - Pages: 9-10 - Vote 1: approval, likely final - Action: 170146 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, for a one-year term, to the California State Association of Counties. (Rules Committee) Motion No. M17-021 APPROVED by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen - Vote 2: other - Action: City and County of San Francisco Page 120 Printed at 11:10 am on 3/24/17 Board of Supervisors Meeting Minutes 2/14/2017 Supervisor Sheehy Excused from Voting Supervisor Yee, seconded by Supervisor Farrell, moved that Supervisor Sheehy be excused from voting on File No. 170147. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee - Excused: Sheehy ## Extracted text ### [Page 8](https://sfbos.info/documents/418/2017-02-14-minutes#page-8) Board of Supervisors Meeting Minutes 2/14/2017 161352 [Health Code - Sale of Domestic Dogs and Cats] Sponsors: Tang; Farrell and Cohen Ordinance amending the Health Code to prohibit pet stores from selling dogs or cats not obtained from animal rescue organizations or shelters, and prohibiting the sale of puppies or kittens under eight weeks old. Supervisors Farrell and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161268 [Liquor License Transfer - 616 Divisadero Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to Emporium SF, LLC, dba Emporium San Francisco, located at 616 Divisadero Street (District 5), 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. (Public Safety and Neighborhood Services Committee) Resolution No. 045-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Rules Committee 161136 [Amending Board Rules - Administration of Oaths] Sponsor: Peskin Motion amending the Board of Supervisors Rules of Order to set forth the process for administration of oaths to individuals testifying before the Board, and to authorize the Government Audit and Oversight Committee to administer oaths. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 19, by striking ‘a’ and adding ‘the Government Audit and Oversight’, Line 22, by adding ‘City employees testifying in their official capacity and persons testifying during’; on Page 1, Line 25, through Page 2, Line 2, by adding ‘In addition to the authority granted by this Rule, the Board by written motion may authorize any standing committee to administer oaths, consistent with Charter Section 16.114.’; on Page 2, Lines 7-8, by striking ‘members of the general public offering comment during that portion of the meeting’ and adding ‘City employees testifying in their official capacity and persons testifying during public comment’, and Line 9, by striking ‘excluding public comment.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee NOT APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote: Ayes: 7 - Breed, Cohen, Fewer, Kim, Peskin, Safai, Yee Noes: 4 - Farrell, Ronen, Sheehy, Tang City and County of San Francisco Page 119 Printed at 11:10 am on 3/24/17 ### [Page 9](https://sfbos.info/documents/418/2017-02-14-minutes#page-9) Board of Supervisors Meeting Minutes 2/14/2017 170109 [Confirming Reappointment - City Administrator - Naomi Kelly] Sponsor: Mayor Motion confirming the reappointment of Naomi Kelly, for a five-year term, as City Administrator under Charter, Section 3.104. Motion No. M17-019 APPROVED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170118 [Amending Board Rules 3.27 and 3.28 - Striking Board Rule 3.31 - Adding Board Rule 3.29 to Create a Budget and Finance Select Committee on Federal Policy Changes] Sponsors: Breed; Cohen Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.33 to create a Budget and Finance Select Committee on Federal Policy Changes. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Tang, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1 and 6, and Page 2, Lines 6 and 7, by changing ‘3.33’ to ‘3.29.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.29 to create a Budget and Finance Select Committee on Federal Policy Changes. Motion No. M17-020 APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Cohen Excused from Voting Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Cohen be excused from voting on File No. 170146. The motion carried by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen 170146 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, for a one-year term, to the California State Association of Counties. (Rules Committee) Motion No. M17-021 APPROVED by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen City and County of San Francisco Page 120 Printed at 11:10 am on 3/24/17