>> [ gavel ] good afternoon. welcome to the meeting of the board of supervisors of the city and county of san francisco. home of the 2014 world series champions, the san francisco giants. it is tuesday, november 4, 2014. it is election day. please go and vote. with that, madam clerk e please call the roll. >> supervisors avalos, breed, present, campos present, chiu present, supervisor cohen, present,

supervisors farrell, present, supervisor kim, present, mar present, tang present, wiener present, yee present. mr. president, all members are present. thank you. please join us for the pledge of allegiance. i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> colleagues we have our meeting minutes approval. september 30th #shgs 2014. madam clerk, any communications? city clerk: none to report.

item 1. yee1.141002[police code - access to reproductive health care facilities]sponsors: campos; wiener, mar, yee, kim, avalos and cohenordinance amending the police code to repeal the prohibition on entering or remaining within a 25 foot buffer zone of a reproductive health care facility; to prohibit individuals from following or harassing others within 25 feet of the entrance to such a facility; to prohibit impeding access to the door of such a facility; and to prohibit excessive noise through yelling or amplification of sound within 50 feet of such sf 11234 >> farrell, kim, mar, aye, tang aye, wiener aye, yee, aye, avalos aye, breed, aye, campos aye, supervisor chiu, aye, cohen aye. there are 11 ayes. >> the ordinance is passed. item 2. city clerk: avalos2.141000[appropriation - support for hiv prevention - department of public health - $301,600 - fy2014-2015]sponsors: campos; mar, kim, avalos and wienerordinance appropriating $301,600 from the general fund reserve to the department of public health in fy 2014-2015, for hiv prevention support for access to preexposure prophylaxis medication to assist in the prevention of hiv infection transmission city clerk: avalos2.141000[appropriation - support for hiv prevention - department of public health - $301,600 - fy2014-2015]sponsors: campos; mar, kim, avalos and wienerordinance appropriating $301,600 from the general fund reserve to the department of public health in fy 2014-2015, for hiv prevention support for access to preexposure prophylaxis medication to assist in the prevention of hiv infection city clerk:

avalos2.141000[appropriation - support for hiv prevention - department of public health - $301,600 - fy2014-2015]sponsors: campos; mar, kim, avalos and wienerordinance appropriating $301,600 from the general fund reserve to the department of public health in fy 2014-2015, for hiv prevention support for access to preexposure prophylaxis medication to assist in the prevention of hiv infection transmission. 1234 item 2, supervisors farrell, mar, tang no, wiener aye, yee aye, avalos aye, campos aye, breed aye, cohen. there are 10 ayes one no. >> city clerk: item 3 cohen3.120796[planning code, zoning map - establishing the divisadero street neighborhood commercial district and deleting the divisadero street restricted use district]sponsor: breedordinance amending the planning code to establish the divisadero street neighborhood commercial district ncdd along divisadero street between haight and o'farrell streets, deleting the divisadero street alcohol restricted use district rudd, amending various other code sections to make conforming and other technical changes, amending the zoning map to add the divisadero street ncd and deleting the divisadero street rud, affirming the planning department's california environmental quality act determination; and making findings of consistency with the general plan, and the eight priority policies of planning code, city clerk: item sf 31234 agenda4.120814[planning code, zoning map - establishing the

fillmore street neighborhood commercial district]sponsor: breedordinance amending the planning code to establish the fillmore street neighborhood commercial district ncdd along fillmore street between bush and mcallister streets; amending various other code sections to make conforming and other technical changes; amending the zoning map to add the fillmore street ncd; affirming the planning department's california environmental quality act determination; and making findings of consistency with the general plan, and the eight priority policies of planning code, city clerk: item sf 31234 sf 41234 noor supervisors kim, mar, tang, wiener, yee, avalos, aye, supervisor breed, aye, supervisor campos, aye, chiu, aye, supervisor cohen. there are 11 ayes. >> item 5. city clerk: 5.141023[development agreement - 181 fremont street, llc - 181 fremont street - transbay redevelopment project area]sponsors: mayor; kimordinance approving a development agreement between the city and county of san francisco and 181 fremont street, llc, for certain real property, known as 181 fremont street, located in the transbay redevelopment project area, consisting of two parcels located on the east side of fremont street, between mission and howard streets; making findings of conformity with the general plan, and the eight priority policies of planning code, section 101.11bb; and waiving certain provisions of administrative code, chapter 56, and planning code, section 249.28. city clerk: sf 51234 >> same house same call. this item is finally passed. item 6. city clerk: avalos6.140932[accept and expend grant - california department of parks and recreation's habitat conservation fund - youth stewardship program - $200,000]sponsor: chiuresolution authorizing the recreation and park department to accept and expend a grant of $200,000 from the california department of parks and recreation's habitat conservation fund to support

the youth stewardship program. city clerk: avalos6.140932[accept and expend grant - california department of parks and recreation's habitat conservation fund - youth stewardship program - $200,000]sponsor: chiuresolution authorizing the recreation and park department to accept and expend a grant of $200,000 from the california department of parks and recreation's habitat conservation fund to support the youth stewardship program. city clerk: avalos6.140932[accept and expend grant - california department of parks and recreation's habitat conservation fund - youth stewardship program - $200,000]sponsor: chiuresolution authorizing the recreation and park department to accept and expend a grant of $200,000 from the california department of parks and recreation's habitat conservation fund to support the youth stewardship program. >> 1234 same house same call. this resolution is adopted. next item. >> city clerk: agenda7.141004[accept and expend grant - juvenile justice accountability block grant - $75,889]sponsor: camposresolution retroactively authorizing the public defender's office to accept and expend a grant in the amount of $75,889 from the board of state and community corrections for the purposes of implementing local juvenile justice accountability measures through the juvenile accountability block grant, for the term of july 1, 2014, through june 30, 2015. city clerk: sf 71234 >> same house same call? the resolution is adopted. next item. city clerk: chiu8.141041[fisherman's wharf, and fisherman's wharf portside community benefit districts - annual reports to the city - fys 2009-2013]sponsor: chiuresolution receiving and approving annual reports for the fisherman's wharf community benefit district and fisherman's wharf portside community benefit district for fys 2009-2013, submitted as required by the property and business improvement district law of 1994,

section 36650 california streets and highways code, sections 36600, et seq.., and the districts' management contracts with the city.1234 >> same house same call? this resolution is adopted. next item. >> city clerk: mar9.120881[planning code, zoning map - uses, conformity of uses, parking requirements for uses, and special use districts]sponsor: chiuordinance amending the planning code, by repealing section 158 and amending various other code sections, to modify controls for uses and accessory uses in commercial and residential commercial rcc districts; eliminate minimum parking requirements for the chinatown mixed use districts, rc districts, the broadway and north beach neighborhood commercial districts ncdss, and the washington-broadway special use district sudd; make maximum residential parking permitted in downtown commercial and rc districts consistent with neighborhood commercial transit nctt districts; make maximum non-residential parking in rc districts, chinatown mixed use districts, and broadway and north beach ncds consistent with nct districts; make surface parking lots a non-conforming use in downtown commercial districts; modify conformity requirements in various use districts; modify streetscape requirements, public open space requirements, floor-area ratio calculations, and transportation management requirements for various uses in certain districts; permit certain exceptions from exposure and open space requirements for historic buildings; remove references to deleted sections of the code; amend zoning map sheet su01 to consolidate the two washington-broadway suds and revise the boundaries; and making environmental findings, section 302, findings, and findings of consistency with the general plan, and the priority policies of planning code, section 101.1 city clerk: sf 91234 >> colleagues, same house same call. this is passed in the first reading. next item.

city clerk: agenda10.140844[planning code - formula retail and large-scale retail controls]sponsor: marordinance amending the planning code to amend the definition of formula retail to include businesses that have 11 or more outlets worldwide; expand the applicability of formula retail controls to other types of uses; require conditional use authorization for formula retail establishments in the c-3-g district with facades facing market street, between 6th street and the intersection of market street, 12th street and franklin street; provide a method for calculating the concentration of formula retail establishments in a certain area; require planning department staff to recommend disapproval of new formula retail in the upper market neighborhood commercial district based on concentration of existing formula retail; delete the requirement for conditional use authorization when a formula retail establishment changes operator but remains the same size and use category; define intensification and abandonment for formula retail uses; require formula 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. question: shall this ordinance be passed on first reading?11.140970[administrati ve code calculating interest on residential rental security city clerk: sf 101234 >> supervisor mar? >>supervisor eric mar: this is going before us for the form era retail control. we had a planning commission document and the document that i along with cosponsors supervisors avalos and yee and i want to thank supervisors for their support as well. there is a lot of people that deserve thanks for this 1 piece of legislation moving forward today. i would like to thank the broad coalition of the neighborhood groups and leaders that put their time and effort into this piece of legislation. i want to thank planning director john ram and burns who did tremendous work and an marie rodgers who came with one unified measure and city attorney's office victoria wong and let me try to remember, francesca and casey as well. this is an effort that i believe strengthen is and updates and modernizes or chain store ordinance and i would like to thank those who put in a lot of effort on behalf of our department to look at data and giving us information and all the time they spent working with my staff to overcome what significantly seemed to be a number of differences but coming together especially over the past few months for bringing this together. i would like to thank the office of economic workforce development and supervisor wiener and his aid to help us achieve the final amendments that i believe strengthens our policy. i would like though thank nick paper -- pag latos he was a team that moved

across the finish lines and the hours of unit and put aside self interest to have common ground and common goals was significant. i thank nick from my office. i believe we struck a balance between having a stronger neighborhood voice in the process of conditional use processes and also a balance of small independent stores and smaller chains and larger chains that are in our district as well. i would also like to thank the many individuals including this list, my apologies if i left anyone out, from the local self relyell's, from the japan an task force and wndey from the bakery and scott from california, and steven brown of hardware and didi workman and from the golden restaurant association and gary wise, regina, the head of our small business office and who put a lot of time in our office as well. and loma and john toeja from the pet store coalition and pat and lynn bear from the triangle neighborhood association and kyle sneeley from the coalition, and maryann and the arab of american growsers association. nancy shanahan of the dwellers. peter cohen and activist from community housing advocates, gableriel medina and hayes valley merchants association and civil i -- for their hard work on this as well. i wanted to also say that the

coninclusion that were drawn by the major study and planning staff commission in their comprehensive study showed that our formula retail controls are working in san francisco and we did not need a radical overhaul but rather some tin kerring and existing formula retail controls. it was very important for me and the coalition that i work with that there was a stronger force in the process and i believe we accomplished that and it helps us develop neighborhood corridors more effectively but also level the playing field for those local, independent and small businesses that are the backbone of our economy and the job and the unique charm of our neighborhoods. the legislation also comes forward after dozens and dozens of

meetings with community residents and not only the economic planning development but in my office as well. many businesses are struggling right now to keep up with the rising rent and even though the economic growth is booming and triggering new stores and also retailers to expand as well. they are struggling. according to the strategic economic's report creating incentives for formula retail controls may help lower cost for independent retailers and by making neighborhood commercial districts less attractive for formula retailers, formula retail control will help lower the rent and reduce cost for smaller independent retailers. also the form er

retail use office will respond to case by case concerns brought on by individuals. i believe they have been approved, however in cases where community members have reached a clear consensus that a proposed chain store or formula retail is not on control and see authorizations that have been denied and withdrawn. the process works and our legislation helps to strengthen it. and there is willingness to go 32 you the formula retail use application process depends on unique conditions in each district and formula retailers and chain stores are more likely to submit applications in neighborhoods with strong market demand with new retail and where they anticipate positive indication by the community and office of the economic report point to a conditional use process to give members an opportunity

to have a reason dialogue and that generally reaches outcomes for the business. there is 1050 chain stores in our city right now and there is codes with ambiguity and the lack of clarity has been robbing out communities and existing businesses and the opportunity to have a say in the critical economic development decisions that affect our city and neighborhoods. it also brings greater level of objective data into the decision making process not just for the planning commission but planning staff and board of supervisors and it will help increase civic participation as well. more data and more useful and relevant data to include decision making process from this legislation. there are nine major component legislation to apply to

businesses with 11 1 or more outlets worldwide and we are expanding global stores in a chain and include new retail uses that have not been included. that's other loopholes. earlier we included banks but now we are including fit ness centers and parlors. and when conditional use application for formula retail use the planning commission considers an impact on the proposed use on other businesses in the area. what we came up with is a new process that will look more carefully for how this process moves forward.

no. 4, we are expanding the notice requirement of formula retail applications requiring additional 10 days of notice for neighborhoods to have a say before the planning commission's hearing which the application would be considered. there is posting on the internet and this strengthens the neighborhood voice in our process. lastly, we are creating a more consistent and efficient way to deal with situations where formula retail businesses are placing existing businesses through supervisors wiener's and supervisor kim's suggestion and maintaining a number of outlets that are defined as formula retail so the former initial from the planning department to 19 but through agreements made in this process we are keeping it atd 11 and not

keeping or weakening formula controls. i will conduct a meeting with the stakeholders in my office to evaluate the issues of formula retail subsidiary like jack spade. we are looking to how we would ensure the planning staff have enough staffing and resources to look at these tricky issues for the future. this group will meet regularly from the planning department staff to the city attorney's office to help deal with an increasing number of formula subjects sidiary and spin off in the city. lastly i want to say for the smaller chains that might be above 11 but below 20 chains, we are looking at specific ways to help expedite the process for s sf companies and the

coffee type chains that many people feel are larger than the other chains that are out of the city as well. we are looking at a specific mechanism within the planning department called the small business priority processing pilot where s b 4 p creates the stream line process for small chains and we'll be hopefully moving forward and working with the planning staff to look at our process that really treat our small chains fairly as well. i wanted to lastly say as this was amended in committee, supervisor wiener had a number of amendments that were approved by the committee and i believe he was another one once i'm done with my comments. let me see if there is anything else i need to say. in committee also we made a few amendments to remove business and professional services from the list of

uses and super -- supervisor wiener will be looking at based approach from those businesses of professional service chains and especially looking at secretary -- second floor and non-street p floosh and upper level floor types of spaces and that treat these businesses different than others. on the initial proposal with the economic impact report requirement for a chain going into a neighborhood my office proposed a 3,000 square foot threshold, the planning commission requested a 30,000 square foot threshold and we came down to

20,000 square feet. we feel this agreement allows us to capture an economic impact around them. with these amendments i feel are a community coalition with the planning department are in total agreement with moving forward with 1 piece of legislation that i feel affects our formula retail controls and those that one large formula retail grocery store for example have the -- freedom to allow that and some areas that have concerns about big box stores coming in and we'll also have a strong say in the future. it balances the needs for different districts and gives neighborhoods more of a voice. with that, i want to turn it over to supervisor wiener for his

input as well. thank you. supervisor breed is on the cue. >>supervisor london breed: thank you very much. as you know our office, we pushed for the inclusion of international locations as well as subsidiaries and i'm glad they are in this legislation and we are going to be look k closely at subsidiaries and what that might mean. i want to talk about a little bit of a balance here because i do think there is a time and place for formula retail because what we've discovered by working with the planning department is that when formula retail establishments more often they have lower prices and they hire from the lower income communities. that has been the experience

m -- in my district. what i want to make sure is we strike a balance. a lot of this legislation and looking at formula retail in the past has come out of hayes valley and pushed by the hayes valley merchants association and folks in the upper haight location. in the lower haight when walgreen's burned down, cvs came to the neighborhood. most of those in the neighborhood wanted a pharmacy and wanted a pharmacy that didn't have high prices and somebody established locally and something that wouldn't lead to hire prices. we took the lead on that particular issue. i think as much as we are

trying to make sure we strike a balance here that we also listen to the concerns of the community and we make sure the data is provided in order to make the best decision as it relates to determining whether or not a formula retail establishment would be a good use for a particular neighborhood or not. for hayes valley, hayes valley in particular is a very unique neighborhood and changed especially after the freeway was torn down on octavia blvd and most recently we've had challenges in the area that was set for having a grocery store but the battle between whether or not it should be a formula retail or shouldn't be and after doing the research we discovered that we have residented who live directly across the street from this planned

location whose annual household income is anywhere from $8,000-12,000 a year and directly across the street the annual income is $88,000 a year. there is definitely a push to not have a formula retail establishment. but after working with the planning department we discovered that the price in comparison to a formula retail establishment compared to independent grocery stores, there just is a distinctive, there is a clear difference between what they charge and what formula retail establishments charge unfortunately because we know they are able to get products in bulk. we know they have a different way in which they can bring products into their store because they

probably have more stores. i know that i'm probably not providing you with anymore information that you already know, but i wanted to make it clear that although i definitely support this legislation, i definitely support a number of things that were added to strengthen our formula retail policies. i do want to make it clooer that if necessary, i will as a member of the board push to support a formula retail establishment especially as it relates to a grocery store in my community if they can offer affordable prices for living across the street from that location and there is a guideline that they have to go through an environmental impact report if they are a certain square feet. i think this is a good solid piece of

legislation. i appreciate the work that's gone into it and i hope that in the future, if we determine that some of the thing that are placed in this legislation create barriers to actually getting the services that some of these communities want, we should maybe look at revisiting the legislation in order to maegs changes -- make changes in the future. thank you for your hard work on this and i look forward to seeing this item move forward. thank you. >> thank you. supervisors wiener. >>supervisor scott weiner: thank you mr. president, i appreciate those who worked on this as well and i thank supervisor march -- mar for willingness to work on this and the issues that have come up with a sensible piece of legislation that while not everyone agrees that they got what they exactly wanted

but moves the ball forward in terms of approving our approach to formula retail. thank you. i wanted to action andres powers to make sure this could move forward in an efficient way. as supervisor mar mentioned i have a very minor clean up amendment, some language suggested by the planning department to tweak one of the amendments that we had put in on committee on page 17, 18, 19 and we distributed the amendment to you. so i move to adopt the amendment. >> colleagues, supervisor wiener made an amendment. any objection? that amendment is made. supervisor tang? >>supervisor katy tang: thank you. i would like to thank you for

your work. i also want to appreciate that we are making permanent the interim controls on mid-market street from 6 to 11th street on formula retail. it's something that we had introduced last summer because as mid-market continues to grow which is a wonderful thing and commercial vacancy goes down we are seeing that with rising rents there is more pressure on mid-market but also more of a demand on residents and workers for small retail and small business that make-up the neighborhoods and other parts of san francisco. so the combined push to see that unique character in this neighborhood as more people move there to work and to live along with supporting the small businesses that exist along there.

i'm really happy that we are going to make these existing controls permanent in district 6 and that we'll be able to continue to support a vibrant corridor that has a mix of formula retail and small businesses on market street. >> supervisor mar in >> >>supervisor eric mar: lastly i wanted to thank them for the hard work since we were twrieg to move this forward. thank you to both of you and i want to give props to the process ten 10 years ago when this board of supervisors after north beach and hayes valley residents really developed great legislation to move forward to really level the playing field for neighborhood character in our smaller businesses. i want to thank the community coalition from 2006 the prop g campaign and many were involved in

this process and from matt gondz -- gonzalez from this board on crafting legislation and making it better today. thank you for your support and to me colleagues as well. >> with that, unless there is anymore discussion, let's take a roll call on this ordinance. city clerk: on item 10, supervisor farrell, aye, kim aye, mar aye, tang aye, wiener aye, yee aye, avalos aye, breed aye, campos aye, chiu aye. cohen aye. there are 11 ayes. >> item 11. city clerk: 11.140970[administrative code - calculating interest on