tv BOS Rules Committee SFGTV February 1, 2020 10:30pm-11:06pm PST
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>> chairwoman: good morning, everyone. welcome to the january 27, 2020, meeting of the rules committee. i'm supervisor hillary ronen, chair of the committee, to my right is supervisor stefani and we're joined today by supervisor aaron peskin. and i would like to thank those at s.f. gov. for staffing this meeting. mr. clerk, do you have any announcements? >> yes. please silence your cell phones and all electronic equipment. completed speaker cards and copies of any documents to be included as parts of the file should be submitted to the clerk. items acted upon today will be on the february 4th supervisors agenda. item number one is to name the rotenda on the second
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floor of the city hall in memory of bart devanthal. >> chairwoman: we have ar city attorney here, and would you like to say some words? >> thank you, madam chair. i will be brief. but to chair ronan and supervisors stefani, mar, and peskin, i very much appreciate the opportunity to come and support of the ordinance that you are considering today. i couldn't help but notice that, you know, it is not often that you get 11 members of the board of supervisors all on one side, but it is great to see that in addition to supervisor peskin's legislation, there is unanimous support for this ordinance. and i think that that just speaks volumes about who buck deventhal was. in the three months since his passing, it has been a
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melancholy time in the city attorney's office because he was not just our colleague and incredible mentor, but an incredible friend and teacher to everybody in the attorney general's city atts office, most noticeably, me. i can't tell you how much i learned from him during my 18 years in office. as i briefly read the findings about who buck was, that are in the reamble to this legislation, i think there are a great many others who feel the same way about who buck was. countless other city officers, employees, departments, and city-related agencies had the benefit of having buck's wisdom imparted to them. but, quite frankly, his legacy goes much beyond
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the formal teaching and training that he provided to all of us. it was who he was as a person. and the integrity of and the good nature and the personhood that buck embodied that i hope all of us take an incredible lesson from. i'm sure you've heard me, when i talked a little bit at the board of supervisors, when you're meeting was adjourned in his honour, and then at the memorial office, when service, wheni talked bow who k was, and how all of us in the city attorney's office learned to conduct ourselves in doing the people's business. i would just like to say one final thing, and that is: i read a little bit at that board of supervisors' meeting from
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the ode that buck wrote, praising what this building stood for. when it was initially closed. and i think you'll recall that i talked a little bit about how he said that buildings need times to age so that ghosts and characters have the opportunity to inhabit the walls of the building. and that he very much looked forward to the day that city hall opened again, so he would have the opportunity to go home. well, the legislation that you are considering today, i think, is a fitting tribute to give him an address in what will be his immortal home. and having the rotunda that sits between the executive branch and the legislative branch, sort of being the bridge to maybe mediate the disputes that happen in the future between the executive and
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the legislative branches of government, i think is the perfect address for buck's new home. i applaud you, all of you, for designating that area of city hall as the place where he will always reside, not just in this spirit, but in his lessons that he imparts to all of us an that are here now and those of us who did the people's work in the future. so thank you so much for considering this legislation. i hope it has this committee's unanimous support, which i don't have any doubt that it will, because i know that you all treasure buck as much as we did. thank you, supervisors, we very much appreciate. >> chairwoman: thank you very much. supervisor peskin, do you have any to say? >> thank you for those words. i think what he said and what is set forth in the ordinance says it all. as was previously
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indicated, there are two tiny changes at page two, which i would love if the committee would move as an amendment, namely the addition of an a apostrophe, and the insertion of the word "california" in the last paragraph on page two. and, finally, i just want to say two things: it is rare to do a naming by ordinance. we generally do it by resolution, but we thought it fitting that this rise to the level of an ordinance of who buck was in his half a century of service to ten mayors, 93 members of the board of supervisors and countless departments. and the actual original red line i just provided to deputy city attorney pearson, and would like city attorney herrera do what he probably has never do before, to affix his name, actual name, to an ordinance.
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>> chairwoman: all right. supervisor stefani? >> thank you. i wanted to comment when supervisor peskin asked me whether or not i would co-sponsor this, it was, considers, a no-brainer. and what you said, city attorney, about the rotunda, made me think about my time and the city attorney's office because so many people get married there, and we had a hashtag, love lives here, and it is about what happens in that rotunda, and how many marriages and same-sex marriages, and it is such a beautiful place, and it is fitting because buck was all about love. he loved this building. he loved public service. he loved others. he loved his jofnlt he job. he loved adventure. so for us to name the rotunda after buck, i can't think of anything more fitting. and i want to thank supervisor peskin for leading the way on this.
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>> chairwoman: thank you so much. well, with that, i'd be happy to make the motel to iincorporate the changes. and that's without objection. without objection, those changes are made. anybody want to make a motion to move this forward with positive recommendation? >> yes. i would like to move this to the full board with positive recommendation. >> chairwoman: without objection, that motion passes. thank you so much. mr. clerk, can you please read item number two -- oh, i didn't do public comment, did i? >> nope. yes, you did not. >> chairwoman: i move to rescind the vote on item number one. without objection, that motion passes unanimously. item number one, i'd now like to call public comment. if any member of the public wishes to speak, now is the time. seeing -- yes, please come forward.
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>> ooh, from the south end. >> good morning. thank you very much for doing this. i knew buck a bit from swimming in the bay. he's a pretty cool guy. thank you. >> chairwoman: any other public comment? seeing none, public comment is closed. sorry about that. supervisor stefani? >> yes. i'd like to move item number one naming the row rotunda in city hall for buck deventhal, without objection. >> chairwoman: that passes unanimously. mr. clerk, can you now read item number two. >> an ordinance repealing 38-17, and 38-09, to update the hotel conversion ordinance. >> chairwoman: supervisor peskin. >> thank you, madam chair, and colleagues. this piece of legislation has been bouncing around
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for quite some time. it is no secret that it is subject to litigation. this is one very small change recommended by the city attorney on page 26, section 7, the addition of a severability clause. i commend it to you and would like you to incorporate that language that is before each mr. of this body. >> chairwoman: great. any comment or questions? no? any member of the public wish to speak, please come forward. >> thank you very much, chair ronan and supervisors. my name is ryan patterson, representing the san francisco s.r.l. hotel
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coalition and numerous other business owners in the city. i want to first thank you for your attention to this. this is something that we've been engaged with the city on for several years now. we have to object because we did not receive any notice of this particular hearing this morning, or this ordinance. these owners are largely hard-working family businesses, many of them immigrant families, who can't just show up at the drop of a hat when we receive a matter of hours' notice. in fact, one of our clients was in touch with the supervisor on thursday about the lack of notice in these hearings, and it was not mentioned. so we would encourage the committee to grant a continuance so that we have time to fully vet this, and so that our members -- our clients can participate. we also object on the basis that this ordinance would violate the court's order in case cpf1515656,
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which invalidated the 2017and 2019 ordinances. this seeks to roll those back and make new ordinances. the city should comply with the court order and repeal the previous invalid ordinances, and then, and only then, consider any changes to the new law. [buzzer] >> and it should be studied. this would limit short-term rentals at s.r.o. hotels, and shifting occupancy in the city and in the region. again, that must be studied. it does not qualify for any new cross-examination. the hearinconstruction.it is alf the california coastal act --
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[buzzer] >> thank you very much. >> chairwoman: any other public comment on this item? seeing none, the public comment is closed. just to address the noticing issues, could the city attorney or the clerk please go over what the notice for this ordinance was? >> it is my understanding there was no special noticing. >> riley: for this item. it was posted on line, 72 hours prior to meeting, posted at the library and on our website and outside our office. >> chairwoman: and maybe to the sponsor, when was this introduced? >> i can look it up on legistar, but let me say the following thing: this is properly noticed. seqea has been properly noticed.
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the parties areably are ably notified. administrative code amendments do not go to the planning question, so that is respectfully a spurius argument. >> chairwoman: i'm looking at the city attorney, who is nodding her head in agreement. supervisor mar? >> thank you, chair ronan. yeah, i just had some additional questions on this. last week i actually -- this legislation was brought to my attention by a party who is a hotel owner, and he was expressing that they haven't really had -- his family and the other
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family-owned hotel owners really hadn't had adequate time to review and provide input on this legislation, so i just, you know, wanted to get you to respond to that a little more. it seems like there might be a misunderstanding about what the legislation is really doing? >> i think as to the party that you're referring to, mr. patel, when we actually held a hearing on the amortization, i believe at this committee, i expressed what i think some of the affected parties, particularly those who are engaged in litigation against the city, needed to hear, which is, that we can make these changes and the doors open for negotiations, particularly insofar as it is still before the court, but we actually not only held numerous hearings, as chair ronan or member on
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the original legislation, we subsequently had a hearing where we took no action around the issue of amortization, and in that hearing, i very specifically said the door was open to have these conversations, and i welcome them. >> and so thank you, supervisor peskin. deputy city attorney pearson. can you just respond to the -- i guess the concern, i think, from some of the parties that own hotels, that there hasn't been adequate opportunity for them to provide input? >> as you heard from the clerk, notice has been given consistent with the brown act. it has been posted online, outside the clerk's office, and posted at the library. i think it has been posted consistent with how the clerk posts. what the clerk has done is consistent with their
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standard practice. >> and to the earlier question, which i've now looked up, this was introduced on december 10thof 2019. today, of course, is january the 27th of 2020, and the planning department communicated to the supervisors on january 21st, that they was categorically exempt under sequence. >> chairwoman: okay. perfect. okay, is there -- well, first, can i take a motion to amend the legislation that is laid out by supervisor peskin? >> so moved. >> chairwoman: i take that without objection. without objection, the legislation is amended. and now does anybody have a motion on the underlying ordinance? >> yes. i'd like to move this to the full board with positive recommendation. as amended.
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>> chairwoman: without objection, that motion passes unanimously. >> the matter is recommended as amended. >> chairwoman: mayor >> chairwoman: mr. clerk, can you please read item number three. >> i know we took public comment from mr. patterson, but i didn't know if there was another public comment -- >> chairwoman: there wasn't. >> thank you. item number three is a hearing to consider appointing one member, ending april 18th, 2020, to the advisory committee. >> chairwoman: great. is mr. grant here? hi. please come on forward. good morning. >> good morning. >> chairwoman: we just wanted to hear anything you would like to share with us on sharing with the committee? >> yes. i've been on the committee for a bit of time. i think it has given me a little bit of perspective. i still think about -- well, we hear about things
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that happen, and we hear about fatalities, and i really seem to carry them with me. i still think about diana suldan who died in on february 13th. i'm working on a couple of recommendations with the committee. one to ask that the city -- the city does a really great job of capital piewssments. improvements. money leads to shovels on the ground and things like that, but i think it would be helpful if capital improvement projects would have a reference to education components associated with those improvements. for example, what kind of education component do we have going with that? additionally, i'm so hopeful about market street. i think it is one of the great things that is going to happen. but other than that, the city is a tough place to
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ride a bike. it's, you know -- great capital improvements are happening, but it doesn't feel safer. and that's not just me saying that. so one of the things that seemed to be happening is that there are a lot of t.n.c. parking and parking in the bike lane. think about possibly coming up with a way that the companies themselves could pay a part of the fines. part of the reason why i say that is because i have a colleague, a friend, who works for one of the t.n.c.s, and he says they have a lot more information that we might understand. and i've read that they're hyperaccurate maps, so there is a tremendous amount of information out there. so perhaps some of that responsibility could shift to the t.n.c.s because a lot of these drivers are
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just kind of getting by. that might impact or have an effect on the level of enforcement that is going on. because there isn't necessarily that much enforcement going on. it might be, hey -- it could bankrupt these guys, or something like that. anyways, that's what i'm trying to do. and i'm also aware of what is happening in our district. i'm going to be requesting a ladder crosswalk at jones and columbus because that's where a lot of the taxis go. they go up jones street to get over to golden gate and then get over to the 280. if you have any questions, though, i'd like to try and answer them. >> chairwoman: supervisor peskin? >> i just want to say that mr. grant has served well. i first nominated him in 2016 and renominated him in 2018 and commend him to
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the committee. >> thank you. >> chairwoman: thank you so much for your willingness to serve. >> one last thing: i have a four--month-old son, and i'm hopeful we can take him biking through the city. that's part of the motivation to make it a better place. >> chairwoman: thank you so much. as the mother of a 7-year-old who bikes with her father throughout the city, i very much appreciate that. thank you. is there any member of the public who wishes to speak on this item? seeing none, public comment is closed. is there a motion? >> sure. so, yeah, i would move that we recommend appointment of mark grant to seat three on the bicycle advisory committee. >> chairwoman: and without objection, that
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motion passes unanimously. congratulations. thank you so much. mr. clerk, can you please read item number four. >> item number four sa hearing to appoint one member to the small business commission. >> chairwoman: i say marianne sasooas. good morning. how are you? >> good morning, supervisors. thank you for having me. yeah, i'm up for reappointment. i've been on the small business commission four years. it has been an honor and a pleasure. i made it a more pro-active body, and i'd like to say that we've started some policy initiatives out of our body that i think are precedent for how the city can better engage and do economic impact reports on how small businesses will be affected for future
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legislation. i have great working relationships right now with supervisor fewer's office and supervisor wal walton's office in particular, as we're working really hard on the tobacco license mitigation group, which i think is a great model for kind of looking at the strea streamlining and transition support for businesses that want to retire, but we want to keep those kinds of businesses in the city. so i think there is a lot of momentum that i would like to keep pushing forward, and, yeah, i'm looking forward to the next four years, if you will grant it to me. and i'm happy to answer any questions. >> i don't have any questions, but i just wanted to appreciate you for your work. i think you are an incredible advocate for small businesses and have gone out of your way to understand sometimes competing priorities and
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really do your job, which is to advocate for small businesses, and those really tough decisions that have to be made. >> thank you. >> chairwoman: i'm really excited about your reappointment and of your willingness to continue to do this work because you're really talented at it. >> thank you. i appreciate that. >> chairwoman: we'll open this up for public comment. >> thank you. >> chairwoman: is there any member of the public who wishes to speak on this item? seeing none, public comment is closed. i would like to make a motion to move marianne sasonnas to seat one with positive recommendation. without re objection, that motion passes unanimously. congratulations. mr. clerk, can you call item number five. >> it is an or ordinance to
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enter into contract with health care g.p.o., suppliers and contributors without requiring competitive bidding and without approval of the city purchaser. >> chairwoman: we have greg wagner here from the department public health. >> good morning. thank you for considering this ordinance. some brief background. we have had, since 1997, a provision in the adman code that allows us to join group purchasing organizations, g.p.o. for short. it is an entity that is in certain industries, but common in the health care industry, which essentially allows hospitals and health systems to pool their purchasing power and negotiate collectively favorable rates for things like medical supplies and pharmaceuticals. so the entity that we're a part of, which is now called visiant, goes out
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and conducts competitive bids, negotiates with vendors, and secures a rate that is a benefit to its member organizations. so there is a competitive process that is associated with these purchases. it is outside of our normal purchasing processes under the adman code, and that's the purpose of the original ordinance. what we're bringing to you today is a revision from time to time over the life of this ordinance, we take a look at it and review it and make sure we're in compliance with it. if there are changes needed, to reflect the changes in the health care industry. and we've brought you a set of these today. i'll briefly outline it. i'll let you know we've been working with the attorney general'cityattorney'sd o.c.a., and everybody is supportive of the changes
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we're proposing here. so a couple of the items that we're proposing to clean up in this ordinance. first, the ordinance specifics the name of a g.p.o., which is university health care consortium. a few years back, the ownership structure of this g.p.o g.p.o. changed and it is now called visiant, and we're proposing to remove that name and make it a more generic health care g.p.o. title. and it just says g.p.o., and we want to clarify it to be health care g.p.o., so it specifics we're talking about health care g.p.o.s for this purpose only. thirdly, this -- we're proposing to change the ordinance to allow us to, if it is favorable to the department, to enter into multiple g.p.o.s as a member. we don't have immediate plans to do that, but it
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could give us potentially the advantage of if there are certain things we can purchase through another g.p.o., we could have multiple members which would allow us to maximize our pricing. finally, there is another change that clarifies our existing practice, and a long-standing practice, where we have -- we use distributors that are purchasing things from multiple vendors and then distributing those to ourselves and other g.p.o. members, and we're clarifying the language to essentially say that explicitly, that we, in certain cases, are purchasing, rather than directing through the vendor, through a distributor who is accessing those favorable rates that the g.p.o. is row videing is providing. to make sure we're very explicit an unambiguous about our current practice and its authority under the adman code. i think all of these
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changes are kind of clarifying the language so that it is consistent with existing practice. this is a huge benefit in terms of price and efficiency for the department of public health, and i would appreciate your support. and i'm happy to entertain any questions or thoughts from the committee. >> i have one question: if the governor is successful in having the state of california create generic drugs, the proposal that is before us, would that change this in any way? >> i think it would change our ability to procure pharmaceuticals and the price we would able to pr procure pharmaceuticals. there are still cases where we -- there are specialty drugs we would not be able to purchase as generics.
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we are always favorable looking for generics wherever we can because we do get a favorable pricing. the other thing that factors into this is we have an authority called 340d pricing where we get highly discounted pricing by virtual of our status as a safety net provider. that is more favorable than we could get through any other means. in the cases where we can't use 340b, generics are certainly favorable. >> chairwoman: thank you so much. we'll now open this item up for public comment. any member of the public wish to comment? seeing none, public comment is closed. >> i would like to forward this item to the full board with positive recommendations. >> chairwoman: without objection, that motion passes unanimously. mr. clerk, are there any other items? >> that completes the
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committee for january 27, 2020. i am the chair of the committee, aaron peskin. i am joined by vice chair safai see and dean preston. our clerk is erica major. do you have any announcements? >> please make sure to silence cell phones and electronic devices. speaker cards should be submitted to the clerk. items today will be on the february 4 agenda unless otherwise stated. >> could you please call the first item. >> item 1. ordinance amending the planning code to allow authorization of a limited restaurant use in the jackson square special use district that does not comply with the current requirements of a limited restaurant use if a
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building permit application furthering the establishment of such use was filed by january 19, 2018. >> this is a piece of legislation trailing that adopted a year ago that we introduced at the request of the jackson square association. for those who do not know it, jackson square historic district is the city's first historic district, geographically small but rich in history, and over the years through fine tuning of the ground floor retail controls for this area including the jackson square special use district, it has been able to maintain a vibrant mix of art galleries, antique stores, design
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