Board of Supervisors Minutes: October 28, 2014

141050 [Appointment, Park, Recreation and Open Space Advisory Committee - Evelyn Fisher] Motion appointing Evelyn Fisher, term ending February 1, 2017, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M14-177 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

gotiations; to require landlords to file a form with the Rent Board indicating the address of the unit that may become the subject of buyout negotiations; to require all buyout agreements to be in writing and to include certain statements about the tenant’s rights; to allow tenants to rescind buyout agreements for up to 45 days after the agreements are fully executed; to require landlords to file a copy of buyout agreements with the Rent Board; to require the Rent Board to create a publically available searchable database of buyout agreements; to require the Rent Board to provide an annual report to the Board of Supervisors regarding tenant buyouts; to authorize tenants to bring civil actions for actual damages and civil penalties against landlords who fail to provide the required disclosures about the tenants’ rights; to authorize certain non-profits to bring civil actions for a landlord’s failure to file a buyout agreement with the Rent Board; and amending the Subdivision Code to prohibit buildings from entering the condominium conversion lottery if the owners of the building have entered certain tenant buyout agreements. Ordinance No. 225-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee

Noes: Breed, Farrell, Tang, Wiener

140306 [Health Code - Extending Involuntary Psychiatric Holds] Ordinance amending the Health Code to authorize the use of an additional 30-day involuntary psychiatric hold, as permitted under California Welfare and Institutions Code, Sections 5270.10-5270.65, and making a finding that this authorization will not result in increased costs to the City or in the reduction of current services. (Human Services Agency) Ordinance No. 221-14 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141000 [Appropriation - Support for HIV Prevention - Department of Public Health - $301,600 - FY2014-2015] Sponsors: Campos; Mar, Kim, Avalos and Wiener Ordinance 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. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: Tang

140945 [California Environmental Quality Act Findings and Mitigation Agreements - Various Cemeteries and the California Golf Club - Regional Groundwater Storage and Recovery Project] Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to funding for the Regional Groundwater Storage and Recovery Project; and authorizing the General Manager of the Public Utilities Commission to enter into mitigation agreements with Cypress Lawn Memorial Park Cemetery, Eternal Home Cemetery, Hills of Eternity/Home of Peace/Salem Cemeteries, Holy Cross Catholic Cemetery, Italian Cemetery, Olivet Cemetery, Woodlawn Cemetery, and the California Golf Club for an indefinite term beginning upon execution of the agreements. (Public Utilities Commission) Resolution No. 400-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

mmunications facilities on Alameda County Assessor’s Parcel No. 096-0090-005-007 for a term up to 25 years at an initial rent of approximately $57,000 with 3% annual rent increases; 2) a new amendment to an existing communications site sublease with Communication and Control, Inc., as sublandlord for existing and new microwave communications, radio communications, and other general telecommunications facilities on Contra Costa County Assessor’s Parcel No. 006-070-021 for a term up to 25 years at an initial rent of approximately $14,900 with 3% annual rent increases; 3) a license with Tri-Star Investors Inc., as Landlord for new microwave communications antennas, radio communications, and other general telecommunications facilities on a portion of Stanislaus County Assessor’s Parcel No. 081-012-004-000 for a term up to 25 years at an initial rent of approximately $18,600 with 3% annual rent increases, for a combined total amount of $90,500 annual initial year base rent; and 4) adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31. (Public Utilities Commission) Resolution No. 401-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

120796 [Planning Code, Zoning Map - Establishing the Divisadero Street Neighborhood Commercial District and Deleting the Divisadero Street Restricted Use District] Sponsor: Breed Ordinance amending the Planning Code to establish the Divisadero Street Neighborhood Commercial District (NCD) along Divisadero Street between Haight and O'Farrell Streets, deleting the Divisadero Street Alcohol Restricted Use District (RUD), 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, Section 101.1. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

120814 [Planning Code, Zoning Map - Establishing the Fillmore Street Neighborhood Commercial District] Sponsor: Breed Ordinance amending the Planning Code to establish the Fillmore Street Neighborhood Commercial District (NCD) 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, Section 101.1. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141006 [Interim Zoning Controls - New Ground Floor Office Uses Facing 2nd Street, from King and Folsom Streets] Sponsor: Kim Resolution imposing interim zoning controls requiring conditional use authorization for new office uses facing 2nd Street, from King to Folsom Streets, for eighteen months; and making environmental findings, including findings of consistency with the eight priority policies of Planning Code, Section 101.1. Resolution No. 402-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140850 [Liquor License - 507 Columbus Avenue] Resolution determining that the issuance of a Type 20 off-sale beer and wine license to 507 Columbus Avenue (District 3), to Sayed Jalal Heydari for Alimento Deli, 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. (Neighborhood Services and Safety Committee) Resolution No. 399-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141051 [Appointment, Entertainment Commission - Demetri Moshoyannis] Motion appointing Demetri Moshoyannis, term ending July 1, 2017, to the Entertainment Commission. (Rules Committee) Motion No. M14-178 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141052 [Appointments, Immigrant Rights Commission - Almudena Bernabeu, Haregu Gaime, Bill Hing, Leah Chen Price, and Elahe Enssani] Motion appointing Almudena Bernabeu, Haregu Gaime (residency requirement waived), Bill Hing, Leah Chen Price, and Elahe Enssani, terms ending June 6, 2016, to the Immigrant Rights Commission. (Rules Committee) Motion No. M14-179 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

2014, approving a Tentative Map for a 2-Unit New Construction Condominium Project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (District 9) (Appellant: Alexander M. Weyand, on behalf of William H. Bradley) (Filed September 29, 2014). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Alexander Weyand (Appellant) provided an overview of the appeal and further requested the Board to approve the appeal. There were no speakers in support of the appeal. Bruce Storrs, City Surveyor, provided an overview of the decision of Public Works. Dave Dolmen (Project Sponsor) provided an overview of the project and further requested the Board to uphold the decision of Public Works. There were no speakers in support of the project. Alexander Weyand and William Bradley (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED. Supervisor Campos, seconded by Supervisor Wiener, moved to rescind the previous action, thereby reopening the public hearing. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Supervisor Campos, seconded by Supervisor Mar, moved that this Hearing be CONTINUED OPEN to December 16, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141019 [Approving Decision of Public Works and Approving the Tentative Parcel Map - 639 Peralta Avenue] Motion approving decision of Public Works and approving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be CONTINUED to December 16, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141020 [Disapproving Decision of Public Works and Disapproving the Tentative Parcel Map - 639 Peralta Avenue] Motion disapproving decision of Public Works and disapproving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be CONTINUED to December 16, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141021 [Preparation of Findings Related to the Tentative Parcel Map - 639 Peralta Avenue] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be CONTINUED to December 16, 2014, at 3:00 p.m. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141022 [Consent to Provisions of a Variation Decision - On-Site Affordable Housing Requirement - 181 Fremont Street - Transbay Redevelopment Project Area] Sponsor: Kim Resolution of the Board of Supervisors, acting in its capacity as the legislative body to the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, approving provisions of a variation decision by the Commission on Community Investment and Infrastructure, modifying the on-site affordable housing requirement for 181 Fremont Street in the Transbay Redevelopment Project Area. Resolution No. 404-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141023 [Development Agreement - 181 Fremont Street, LLC - 181 Fremont Street - Transbay Redevelopment Project Area] Sponsors: Mayor; Kim Ordinance 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 101.1(b); and waiving certain provisions of Administrative Code, Chapter 56, and Planning Code, Section 249.28. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

ractors and subcontractors with 20 or more employees to submit an Equal Pay Report regarding compensation paid to employees; and establishing the Equal Pay Advisory Board to analyze and recommend the best methods of data collection that will identify wage gaps, and setting forth the membership and duties of the Advisory Board. Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. A motion was made by Supervisor Tang, seconded by Supervisor Breed, to re-refer this matter to the Neighborhood Services and Safety Committee. Supervisor Tang withdrew the motion. A motion was made by Supervisor Avalos, seconded by Supervisor Mar, to duplicate the matter. Supervisor Avalos withdrew the motion. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 5, Line 24, by adding '(D) To the extent any information in the Equal Pay Report qualifies as proprietary financial data or trade secret, the City shall not disclose the information unless required by law, including the California Public Records Act and the San Francisco Sunshine Ordinance.' The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Supervisor Kim, seconded by Supervisor Tang, moved that this Ordinance be AMENDED on Page 12, Line 11, by deleting 'with experience advocating for equal pay for equal work' and adding 'employed by a nonprofit organization that contracts with the City'. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Supervisor Tang, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED AS AMENDED to November 25, 2014. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141002 [Police Code - Access to Reproductive Health Care Facilities] Sponsors: Campos; Wiener, Mar, Yee, Kim, Avalos and Cohen Ordinance 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 a facility. Supervisor Cohen requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141028 [Closed Session - Anticipated Litigation - Establishing a Homeownership Stabilization Authority] Sponsor: Farrell Motion that the Board of Supervisors convene in closed session on October 28, 2014, for the purpose of conferring with or receiving advice from the City Attorney regarding anticipated litigation relating to the potential negotiation or adoption of a Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority to assist homeowners with troubled mortgages, in which the City is a potential defendant; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(2), which permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in anticipated litigation. The Clerk of the Board inquired as to whether any member of the public wished to address the Board regarding convening in closed session during General Public Comment. There were no speakers. Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140709 [Studying a Homeownership Stabilization Authority and Other Approaches to Assist Homeowners with Troubled Mortgages] Sponsors: Avalos; Campos, Mar and Kim Resolution authorizing negotiation of a Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority to assist homeowners with troubled mortgages. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Resolution urging that a study of a potential Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority as well as other possible approaches to assist homeowners with troubled mortgages. Resolution No. 398-14 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141115 [Concurring in the Second Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area] Motion concurring in the “Rim Fire” Second Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Motion No. M14-185 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141111 [Committee of the Whole - Consent to Provisions of a Variation Decision - October 28, 2014] Sponsor: Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, on October 28, 2014, at 3:00 pm., to hold a public hearing to conditionally consent to the Provisions of a Variation Decision by the Commission on Community Investment and Infrastructure modifying the On-Site Affordable Housing Requirement for 181 Fremont, consisting of two parcels located on the east side of Fremont Street, between Mission and Howard Streets, in the Transbay Redevelopment Project Area. The President inquired as to whether any member of the public wished to address the Board relating to File No. 141111. There were no speakers. The President declared public comment closed. Motion No. M14-180 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141106 [Urging Support for the Right of Workers to Unionize at Le Meridien San Francisco and Hyatt Fisherman’s Wharf] Sponsors: Campos; Mar Resolution urging the City and County of San Francisco to support the rights of workers to unionize and boycott the Le Meridien San Francisco and Hyatt Fisherman’s Wharf. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 405-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141107 [Solar Vision Goals for San Francisco by 2020] Sponsors: Chiu; Mar Resolution urging the City and County of San Francisco to make GoSolarSF a permanent program, to require solar installation on all new construction or substantial retrofits in the City, establishing Solar Vision goals for 2020, and establishing an overall megawatt solar energy goal for the City. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 406-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141108 [Condemning Anti-Arab and Anti-Muslim Bus Advertisements] Sponsors: Chiu; Mar Resolution standing with Muslim and Arab communities in the face of anti-Arab and anti-Muslim bus advertisements. Supervisor Mar requested to be added as a co-sponsor. Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Supervisor Chiu, seconded by Supervisor Campos, moved that this Resolution be CONTINUED AS AMENDED to November 4, 2014. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None