supervisor avalos: good morning. open to the city operations neighborhood services committee. we are joined by supervisor elsbernd and supervisor mar. madam clerk, please share with us your announcement. >> please turn off all cell phones and pagers. if you move to submit speaker cards, please place them in the container to your left. if you do not have a seat, please proceed to the north

court on the first floor, where we set up and overflow room. if you submitted materials to the committee, please place them next to the file. >> thank you, madam clerk. we want to keep the aisles and entrance doors clear. we will line up on either side. i appreciate the people's cooperation with that. >> item #one. andhearing to consider that the transfer of a type 21 off-sale general license from 6333 geary boulevard to 3950-24th street to roberta l. lang for whole foods market, california, inc. dba whole foods market, will serve the convenience of the people of the city and county of san francisco. supervisor avalos: thank you,

madam clerk. >> good morning, supervisors. the associate team leader has filed an application with the california department of control of optional general license, located in the middle of the block. hours of operation daily are 8:00 a.m. until 10:00 p.m.. this business is currently operating within action 20 this will allow the applicant to sell beer and spirits at this location. there are more than 50 letters of protest or support. this calls for service from

september of 2010 to september of 2033. and the a l u represents -- recommends approval of the conditions. subject to the permission of the hours between at o'clock a.m. and 10:00 p.m. daily. the sale of this bill that spirits showery limited to one area with a shelf space not larger than 4 feet by 6 feet. supervisor avalos: there is a low murmur in the hall that is distracting. if you could keep your conversation to a whisper that is imperceptible to the panel, that would be great.

anyone who would like to comment on item number one, please come forward. >> good morning, supervisors. i have been a merchant in the area of the whole foods for 20 years. i am against the whole foods liquor license. and the whole neighborhood in general. san francisco residential and commercial neighborhoods have many businesses that serve the region with clothing, snacks,

and many more. and they also host wholefoods, and have done so for many years. whole foods came in at the offering of fresh, organic foods. however, competition with wholefoods has led to struggling. the 24th street company has more witnesses. they are specifically served when a business provides a new benefit to the community. wholefoods, selling liquor or providing services this area is

highly concentrated. and whole foods will not provide a community with new benefits or services if they get a liquor license. the whole foods parking lot is also small. they have a few thousand -- [beep] supervisor avalos: there is a clock right there.

the parking -- >> the parking lot as always fall. when the parking lot is full, cars are always overflowing into the street, causing congestion. i also want to say that there are many concerns in the neighborhood that are threatened by wholefoods selling liquor. like this one here. >> thank you. supervisor avalos: a question for you, or the inspector, what was the liquor license of the store that was there before?

>> i believe that i have records to show that previously it was a 20, and prior to that it was a 21 at one time. supervisor avalos: which is what we are approving today? >> which is what you are approving today. supervisor avalos: when it closed, it was 20? >> beer and wine. type 20 is beer, wine, and distilled spirits. supervisor avalos: do you know how long ago that change was made? >> i would have to look through the records. supervisor avalos: can i comment on that a little bit? -- >> can i comment on that a little bit? >supervisor avalos: no, thank you. any other members of the public that would like to comment? >> good morning. i am a sourcing leader from whole foods market. i am not sure that i think that the previous store with a rigid

closed with a 21 license. the previous manager and now works for wholefoods and he told me they serve spirits until the time of closing. when that we applied for this license, we were doing it -- when we applied for this license, we were doing it purely on what customers were requesting. i have 100 signatures of support from our customers. i can put that up here. before, cal foods had a much larger section. we are looking for four feet. the style of alcohol that we are going to be bringing in, we will not be price competitive at all. we are a higher and brush restorer -- end grocery store. featuring local partisan products. -- bartizan products.

i wish that that parking lot was bigger. that is the bane of our existence. we have ordered traffic studies. but i do not believe that adding high alcohol will be driving by an additional car traffic. there are already a lot of great stores in the neighborhood that people are going to, if they are shopping for hard alcohol. they will be going to st. clare's. or up the street. like us said, this is purely for public convenience, this is something that are customers ask us for. if this is something that people do not approve of, we will drop it. and i have the sheets. they are showing the signatures of folks getting these requests. we get about five requests every day for it. that is what we would like to bring in.

supervisor avalos: thank you very much. supervisor elsbernd: -- supervisor mar: quite a few of the small businesses in the neighborhood have raised the notion that this may impact public health concerns in the neighborhood, as well as the vibrancy and success and vitality of the small business sector there. that is one question. i always try to benefit to the community bourses potential health concerns. i think the benefits to the community are really helping the small business sector at this time, when they are suffering. can you address what they think about those concerns that were raised? it was way more than 50 letters of concern in complaint. quite a bit more, as i see in our packet. could you address that?

>> if it is found that we should not have this licence issued, we will definitely drop it. we were doing it by customer request and for the vitality of the business. seeing the stuff that we will be bringing in, it is really small. this is about four feet. we did not think that this would put at risk any of the local businesses. because the previous store that was there sold about 16 feet of hard alcohol, we drastically scale that down. we look at stuff that would not be a threat to our local businesses. thank you. any further questions? supervisor avalos: thank you very much. it was one of the conditions of approval, the 4 foot by 6 ft. space for sales. ok. thank you very much.

if there are no other members of the public? >> good morning, supervisors. carl kramer, the san francisco living wage coalition. speaking to the issue, wholefoods might be in store, but it is on the low end of wages and benefits. it is the wal-mart standard of wages for workers. we have an example here of an owner of a neighborhood store who is coming in, asking for saving those stores that are paying families supporting wages. our owner is obviously supporting his family. the big difference, and i met with the ceo, he was a firm believer in unions and of paying a living wage at cal foods.

the ceo of whole foods has written a book against labor relations. helping to keep the neighborhood businesses open that are paying decent wages and not allowing them to move into a neighborhood in close them down. thank you. -- and close them down. thank you. supervisor avalos: thank you very much. >> good morning, supervisors. i have lived in san francisco for 29 years. in taking exception to the comments made by the supervisor in regards to the so-called public benefit -- i am taking exception to the comments made by the supervisor in regards to the so-called public benefit. public benefit is such a nebulous concept, we will all disagree as to what it means in this instance. i find that in a city like san

francisco, which is supposed to be somewhat tolerant, why we are putting so many restrictions on a business trying to open up? let's be realistic. maybe the best use for that space would be a homeless shelter. i do not see anyone proposing that. i do not see anyone proposing the best use for treasure island is tfor the occupy san francisco people to go there. you should let wholefoods opened the store with the liquor license. and if this license is such a big deal, it will attract demonstrators, etc. that is the best way. let the supporters and

detractors either support or don't support the business. that is the way of doing it, rather than having us all standing here, trying to decide for the owner of whether they want to sell liquor or not. it is obvious that any business survives, whether it gets support or not. i say, let's do it that way. if enough people do not want liquor sold there, they will not shop there or demonstrate against the concept. if people want liquor to be sold there, they will support the store. supervisor avalos: thank you very much. if there are no other members of the public who would wish to comment, i will close public comment on item number one. recommendation, seconded, moving forward. madam clerk, can we have a roll call under these conditions, on

the item? >> on the motion to accept conditions approved by the police and forwarded to the board with recommendation, supervisor mar? no. supervisor elsbernd? aye. supervisor avalos? aye. supervisor avalos: the motion passes. please call item no. 2. and >> item #two. hearing to consider that the issuance of a type 48 on-sale general public premises liquor license to brian sheehy for edition san francisco, located at 691 market street, will serve the convenience of the people of the city and county of san francisco. supervisor avalos: inspector, please. >> good morning, supervisors. the licence applied for is a person to person, existing license for a new owner, and a promise to premise transfer for

the new location. this business wishes to operate between the hours of 4:00 p.m. and 2:00 a.m. on a daily basis. if approved, this will allow the applicant to sell beer, wine, and the distilled spirits at this location. there will not be an off sale privilege. there are no letters of protest or letters of support. sutter station is not opposed to this license. the alu recommendation is to improve, with conditions. the following would be number one -- the sale and service and consumption of alcoholic beverages shelby from 11:00 a.m. until 2:00 a.m. daily. no. 2, the sale of the alcoholic beverages for of sale consumption is strictly prohibited. number three, no person under the age of 21 shall furnish alcoholic beverages.

no. -- no. 4, any time a third party promoter is licensed that the promise -- premise, the licensee shall maintain control and approve all marketing materials. no. 4, the condition will be that no noise should be audible beyond the area of control by the licensee. supervisor avalos: thank you very much, inspector. we can open this up to public comment. i have a couple of cards. margaret, stan, and this one has item number two -- these are not for this item. anyone with public comment on item number two, direct? >> my name is michael. i did submit a card.

i am the executive director for the alliance for a better district 6. this is regarding the item petitioning san francisco on market street. it would be an excellent addition to market street and the surrounding area. they have done outreach about their venue to the surrounding neighborhood associations. they are responsible operators, with several successful businesses. they have been involved in the community for many years. their partners have been involved in the issues of safety and other issues like that. i would hope that the board would approve those conditions. thank you. supervisor avalos: thank you very much. if there are no other members of the public who would like to comment, we will close public comment on item number two. colleagues, the item is before us.

with a motion to move forward with recommendations on condition, we will take that without objection. well done. madam clerk, next item, please. >> item 3. hearing to consider that the issuance of a type 20 off-sale beer and wine license to jay esopenko for little vine located at 1541 grant avenue, will serve the public convenience or necessity of the people of the city and county of san francisco. supervisor avalos: very good. thank you. inspector? >> the applicant has filed for a type 20 beer and wine application. this would be a person to person existing license with a new owner and a promise to premise transfer existing license with a new location. the business hours of operation would be tuesday through sunday, a 11:00 a.m. until 7:00 p.m. if approved, it would allow for the sale of sale.

wine at the current location. there are no letters of support or letters of protest. the recommendation is for approval with conditions. number one, the sale of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 9:00 p.m. daily. no. 2, no more than 5% of the square footage of the premises will be used for the display of alcoholic beverages. number three, they shall not exceed 25% of total gross sales. supervisor avalos: would any member of the public like to comment on item number three? seeing no one, we will close public comment. motion to move forward, taken

without objection. thank you. madam clerk, item number four, please. >> item four. ordinance amending the san francisco transportation code, article 7, division i, by adding section 7.2.104 to regulate the use of clipper cards on transit vehicles or in proof of payment zones. supervisor avalos: welcome. >> thank you, supervisors. a very simple item, requesting a change to the transportation code for the regulation on transit cars and vehicles with payment areas that have better tracking for fare transit. currently, we only have one. we would like to separate into two codes in order to manage our resources and track card fraud. i am happy to answer any questions. supervisor avalos: any questions

for mr. rose? thank you. this item is open for public comment. item four. >> good morning, supervisors. i would like to speak in support of this ordinance. i feel that the community needs to be modernized, so this is obviously a no-brainer. one thing that i would like to say is that whatever improvement clipper makes to the overall system, it needs to be stated formally, for the record, that the mta is too costly with administrative costs and that needs to be handled quickly, even though a clipper system might bring improvements. also, when i use the muni for some of my assignments, i notice that the clipper system has numerous errors.

either i am reading the card or whatever else happens. -- either in reading the card or whatever else happens. also, i hear people on the buses murmur to each other whether the clipper card can be faked, just like some of the best passes used to be. i would like to bring that to the attention of the clipper system, since i hear people discuss that on the bus rides when i go through some of the -- whatever you want to call them. anyway, i am supporting the idea. i think that the clipper system is an improvement. i also feel that the mta needs to get its costs in line. why should passengers make sacrifices, go through the improvement of the clipper system, only to see all of that money wasted at the top end of the system. from what i understand, the clipper system is successful in other areas of the bay area.

i am sure that it will be successful in san francisco. i would like to say that whatever improvements it does with the system, it also needs to be addressed, the mta costs too much money. thank you. supervisor avalos: thank you very much. would any other members of the public like to comment on this item? we will close public comment. moving forward with recommendation, taken without objection. thank you very much. that was kind of loud. madam clerk, if you could please call item was numbers 5 and 6. >> item 5. hearing to hear all persons interested in commenting on the status of negotiations between the mayor's office and california pacific medical center regarding cpmc's long range development plan.

item six. motion scheduling the board to sit as a committee of the whole on december 13, 2011, at 4:00 p.m., to hold a public hearing on the status of negotiations between the mayor's office and california pacific medical center regarding cpmc's long range development plan. supervisor avalos: thank you, madam clerk. supervisor mar: we have heard a number of presentations on very large cpmc projects on cathedral hill. a number of community organizations, as a community, have come together to be involved in the process to make sure that the community benefits from large developments like this one. but, many in the community feel that there has been a lack of transparency and adequate communication between the city and the california pacific medical center around the project. i have called the hearing at different times within land use.

i also hope that there can be as broad a hearing as we can have before the full board of supervisors on our december 14 meeting. therefore, i have called that. i would like to emphasize that this was brought up not to harm the conversation, the but to make it more transparent so that communities can have a say. whether it is transportation issues, affordable housing, or even the impact on communities around the development. that is my urging before the committee as a whole. thank you. supervisor avalos: we will open up these items for public comment. i have one card on item number five. [reads name]

>> good morning. my name is [says name] i am long-term resident of san francisco. i would like to comment about knowing more. i support the idea of having a hearing on it. i find it sort of shocking, may be outrageous, that a project with so many things wrong with that, environmentally and in terms of community benefits, that the mayor would be negotiating with a hospital -- with the hospital, in effect selling the right to demolish a building and replace it in an inappropriate location, in my opinion.