Okay. Good afternoon and welcome to september 3, 2019 regular meeting of the San Francisco board of supervisors. Welcome back, supervisors. I guess we are going to have another exciting round of meetings. Until we take a break in the winter. Madame clerk we please call the. Clerk thank you, mr. President. [roll call] you have a quorum. Thank you very much. Ladies and gentlemen, will you please join me in 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. So exciting to get started again. Okay, on behalf of the board i would like to acknowledge the staff of sfgovtv, jesse larson and jim smith who and make the transcripts available to the public online. Madame clerk, are there any communications . I have none to report, mr. President. We are approving the minutes from the july 9, 2019, july 16, 2019, and july 23, 2019 regular Board Meetings. And, the minutes from the july 11, 2019 special meeting at the rules committee. The meeting will constitute a quorum of the board of supervisors. Are there any changes to these Meeting Minutes . Seeing none. Can i have a motion to approve the minutes as presented . Made by supervisor brown, seconded by supervisor mandel men. Those will be approved after the comments today. Madame clerk and and he called her side. Item one, 190214, Building Code fee waiver for 100 Affordable Housing and accessory dwelling units. For a one Year Pilot Program and to do to determine the ceqa. Can i have a roll call . [roll call] there are 11 in favor. This ordinance has passed unanimously. Please call the next item. Item two is an ordinance ordinance to amend the health code to streamline a Small Business permitting and determine the ceqa determination to make the appropriate findings. Okay. Can we take this same house, same call. Without objection this ordinance has passed unanimously. These call the next item. Item three, 190048. Ordinance amending the planning code to 1 require building setbacks for buildings fronting on narrow streets, 2 modify front yard requirements in residential districts, 3 increase required rear yards in singlefamily Zoning Districts by five percent, 4 amend the rear yard requirements for through lots and corner lots in certain districts to permit second buildings where specified conditions are met, and 5 allow Building Height increases to existing stories in existing nonconforming buildings in order to accommodate residential uses; affirming the planning departments determination under the California Environmental quality act; making findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1; and adopting findings of public necessity, convenience, and general welfare under planning code, section 302. Can we take the same house same call . This ordinance has passed unanimously. Please call the next item. Item four, 180777. Ordinance amending the planning code to require a conditional use authorization for employee cafeterias, as defined, within office space, except for existing employee cafeterias; affirming the planning departments determination under the California Environmental quality act; making findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1; and adopting findings of public necessity, convenience, and welfare under planning code, section 302. Colleagues, welcome back, i actually have some pretty big news on this announcement today. When we started this conversation, we started the conversation about a band for these types of cafeterias. We felt that the condition and the treatment of the labor force , not having one, actually only one having representation, organized labor out of 45 of these, in the entire city. Thousands of employees that were working for companies that on an annual basis and make millions, if not billions of dollars per year in revenue. We felt that it was not appropriate. We felt that that conversation needed to be had come at the same time we were concerned about the impact of surrounding neighborhoods and surrounding Small Businesses, and what that meant to the surrounding environment. In terms of how we want to shape and go forward as a city. We then amended that, within the last year. I want to think a lot of the companies thats sat at the table with us, facebook, uber, dropbox, twitter, airbnb, lyft, many of the companies that you see, that actually have these types of employee cafeterias. We talked about going through an open and fair process, the conditional use process. Always keeping an eye on the condition of the labor force, and the treatment of the workers , in environment. We have been notified by the hotel and restaurant workers union, that these companies and their employers, and employee cafeteria world, have come to the table and offer card check mentality across the board and the entire industry. Thousands of employees now will finally have the opportunity to organize, have benefits, and be treated like fullscale employees, and have the dignity and respect that they deserve. Today i stand here, i want to thank my colleague, supervisor has scanned with his unwavering support with my lead cosponsor on this legislation. These agreements, all of them, have not been executed. In light of that, and all of the other cosponsors that signed on, my colleagues and those that push the City Attorneys office, and my staff that carried a lot of weight on this over the last 1. 5 years. I want to thank all of those companies. I want to thank local 2 for their hard work in this. In light of the negotiations being very close, and all of those employees having the opportunity to have card check mentality and representation. I want to make a motion to send this back and let those final negotiations play themselves out. We are very excited to see that there has been a slow commitment on behalf of the companies, and the employers that represent these companies, to have fair representation for this workforce. Thank you for everyone who has participated in this process and supported me, and the workers along the way. There is a motion on the floor, and seconded to send this back to committee. Without any objection, this motion passes. Item five, 190594. Ordinance amending the planning code to revise the zoning control tables of the chinatown mixed use districts to make them consistent with those in articles 2 and 7, to apply the use definitions in section 102, to set an abandonment period for use size maximums, and to allow general entertainment and nighttime entertainment uses with conditional use authorization; affirming the planning departments determination under the California Environmental quality act; making findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1; and adopting findings of public necessity, convenience, and welfare under planning code, section 302. Supervisor peskin. Colleagues, i have passed out to each and every one of you, a minor nonsubstantive amendment that appears in three places on pages 20, 31 and 43. Which would delete the philanthropic Administrative Service use classification from all of the three chinatown mixed used districts. Which will not have any impact on these districts, its actually to conform this with legislation that was passed before the summer recess and file 190248, which deleted that use classification, so that this legislation will conform to the previously passed legislation and finally i would like to think roy chan and the Chinatown Community developing center for their input and support of this legislation. I would like to make that one amendment in those three places. There is a motion to amend, is there a second . Without objection, the amendment is passed. Can we take this same house, same call as amended . Without objection this ordinance has passed First Reading. Item six, 190702. Ordinance amending the planning code to permit new floor area or building volume on the rooftop of a noncomplying structure that is designated as a significant building under planning code, article 11, located on assessors parcel block no. 3707 5 third street , provided that the rooftop has an existing parapet at least 17 feet in height along the primary building frontage; affirming the planning departments determination under the California Environmental quality act; making findings of consistency with the general plan, and the eight priority policies of planning code, section 101. 1; and making findings of public necessity, can we take this item, same house, same call . Without objection, this ordinance has passed on First Reading. The next item. Item 72 determine if the issuance of a type 42 on sale beer and wine public premises Liquor License to nunovi, llc, doing business located at 1519 polk street will serve the public convenience or necessity of the city and to request that the California Department of alcoholic Beverage Control impose conditions on the issuance of this license. Can we take this same house, same call . Without objection . This resolution is adopted unanimously. Next item. Item eight, 190657. Ordinance amending the San Francisco administrative code special tax financing law, constituting article 43. 10, to authorize special tax financing of certain facilities and Services Related to property in the jurisdiction of the port of San Francisco. Colleagues, can we take this item same house, same call . Without objection, this ordinance has passed on First Reading unanimously. Next item, please. Given that it is not yet to 30 00, it, we can skip over the 3 00 p. M. Special orders. Go to roll call for introductions . [roll call] colleagues, today im introducing interim zoning controls to help slow the loss of San Franciscos Residential Care facilities. Or board and care homes, have provided stable housing to our vulnerable populations and seniors and people with disabilities. Staffed by inhouse medical personnel, they perform a critical function keeping these folks and karen off the streets. However, as we all know, in recent years we have been losing these facilities at an alarming alarming rate. According to a report issued earlier this year by the city of assisted living working group, coordinated Council Working group, San Francisco has 21 fewer residential buildings and we did in 2012. At 26 decline resulting in 112 critically needed beds. We are in the risk of losing even more of these facilities. The department of Public Health has already learned of the planned closure of three additional facilities and it seems certain that more closures on the way. In response, president e and i are introducing a resolution today that will impose interim zoning controls for 18 months to require conditional use authorization for a proposed change of use from a Residential Care facility to a different use. They intent of these interim controls is discouraged discourage further closings, slow their loss and give the city additional time to address this challenge. The resolution requires thats in evaluating any such proposed change of use, the Planning Commission take into account the following factors. Any findings by the department of Public Health, the Human Services agency, the department of aging and adult services, and the San Francisco longterm care coordinating council regarding the capacity of the existing Residential Care facility use and the nature and quality of services provided. The impact of the change of use on the neighborhood and community, where there are sufficient available beds and a licensed Residential Care facility within a 1 mile radius of the site and whether the Residential Care facility use to be converted will be relocated or replaced with another Residential Care facility use. Missus an urgent stopgap member to preserve a curse crucial component of Housing Stock for vulnerable, sick and elderly residents. I ask that you join me in passing this resolution, without delay. And, i suspect there might be a number of us to have something to say about this today. While we are on Residential Care capacity, ive also requested City Attorney legislation to require the department of Public Health to open and fill all 55 city operated longterm residential treatment beds at San Francisco generals adult residential facility as soon as possible, but in no event later than june 30, 2021. One of the first pieces of legislation i authored, made it easier for operators to add to our stock of private Residential Care beds. While the legislation i just spoke about addresses the challenge of stabilizing providential care beds, there is a need for us to expand city operated their beds for those vulnerable residents set up available for placement. All of us were horrified to see the headlines over the last few weeks describing the closing of longterm beds at general, to make room for a homeless shelter. With most issues, there is a back story here. An explanation. But that explanation is in some ways even more troubling. At a time when San Francisco is desperate for more longterm placements, very sick, mentally ill individuals. Dozens of our beds have gone on sale for years, for a complicated set of reasons. Was some context the decision to spend empty beds and resource scarce space to accommodate a third hummingbird may make sense. Giving up on the art most often does not. You are and i have requested will require the dph bring all at a complete city operated facility online by the time the suspension of the currently suspended 41 beds ends in june of 2021. It will further require that within three months of enactment, the department present to this board report on the barriers to full capacity including any necessary legislative, regulatory, budgetary or policy changes on a plan to achieve full capacity by june of 2021 at the latest. It also requires semiannual updates to the board regarding this initial report. Allowing the department two years to restore should be enough time to fall in staffing or regulatory issues. I am mindful that it is not operated at full capacity for many more years and that. I believe when dph staff when they say they have been trying. They need to try harder. This ordinance will put the full weight of the board of supervisors, and i hope the mayor behind that. The rest i submit. Thank you, madame clerk. Today, along with supervisor haney, im introducing a resolution condemning the attempted assassination of San Franciscos sunset district native and u. S. Citizen, brandon lee, in the philippines by suspected elements of the philippines military. The resolution supports the immediate evacuation of brandon, from the philippines and his repatriation to San Francisco to ensure his safety and access to adequate article care. It also urges our San Francisco federal representatives to initiate a congressional investigation into the shooting of brandon. It also urges our federal representatives to support a congressional hearing on consequences of u. S. Tax dollars going to the Philippine Military and police, and to advocate for suspension of u. S. Aid to the regime in the philippines. And tell case is resolved and the perpetrators are brought to justice. As we were just beginning our august recess. I, along with so many here, in San Francisco and the bay area were really shocked to get the news of the attempted assassination of brandon lee, and brandon is a u. S. Citizen, born and raised in San Francisco. He was shot multiple times outside of his home on august 6, in the philippines. Brandon has been working as a an indigenous and environmental rights advocate, journalist, volunteer, paralegal with a Human Rights Alliance on the philippines. He also had previously volunteered with the Chinese Progressive Association when i was the executive director here in San Francisco. He worked for several years at the stones town ymca and San FranciscoState University where he graduated. I just wanted to add that brandon chose to commit his life to advancing indigenous and environmental right and that is why he has been living in the philippines since 2010 with his wife and daughter, among the indigenous communities. Prior to the august 6 attack, since 2015, brandon had been subjected to repeated threats and harassment by the Philippine Military for his advocacy to protect the