Board of Supervisors Minutes: December 16, 2014

141138 [Settlement of Lawsuit - Elvis Taouil - $50,000] Ordinance authorizing settlement of the lawsuit filed by Elvis Taouil against the City and County of San Francisco for $50,000; the lawsuit was filed on August 8, 2013, in the United States District Court, Case No. C13-3674 DMR; entitled Elvis Taouil v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 262-14 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Yee

141037 [Administrative Code - Financial Policy Regarding General Reserve Fund] Sponsors: Mayor; Farrell, Cohen, Avalos and Breed Ordinance amending the Administrative Code to revise the binding financial policy under Charter, Section 9.120, regarding a general reserve and required funding levels, and to update provisions regarding the Rainy Day Reserve Fund. (Fiscal Impact) Supervisor Breed requested to be added as a co-sponsor. Supervisor Farrell, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 4, Line 18, by striking '5' and adding '6'. The motion carried by the following vote:

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

Excused: Yee

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Yee

141053 [Business and Tax Regulations Code - Parking Stations; Revenue Control Equipment] Ordinance amending the Business and Tax Regulations Code to authorize methods of electronic payment for parking; reduce parking ticket requirements; increase small lot exemptions; amend valet parking requirements; and clarify revenue control equipment requirements. (Treasurer-Tax Collector) Ordinance No. 257-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141121 [Contract Requirements - Municipal Transportation Agency Armed and Unarmed Security Services] Sponsors: Avalos; Mar Ordinance authorizing the Municipal Transportation Agency to include, in any contract for security services it executes within the next year after issuing a competitive solicitation, provisions that require: payment of prevailing wages by both the contractor and subcontractors to any individual providing security services under the contract, and transitional employment and retention for the prior contractor’s employees as set forth in Administrative Code, Section 21C.7. (Fiscal Impact) Ordinance No. 260-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141098 [Health, Business and Tax Regulations Codes - Tobacco Sales Permits and Associated Fees] Sponsors: Mar; Kim, Wiener, Campos, Avalos and Cohen Ordinance amending the Health Code by adding density, proximity, and sales establishment limitations on the granting of new tobacco sales permits, and renumbering all sections in Article 19H; amending the Business and Tax Regulations Code by increasing the annual license and application fees; and making environmental findings. Ordinance No. 259-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141003 [Campaign and Governmental Conduct Code - Conflict of Interest Code Amendments] Sponsor: Tang Ordinance amending the Campaign and Governmental Conduct Code to update the Conflict of Interest Code for the City, the Community College District, the Local Agency Formation Commission, the San Francisco Unified School District, the County Transportation Authority, and the Successor Agency to the Redevelopment Agency, by adding, deleting, and changing titles of designated officials and employees to reflect organizational and staffing changes, and by refining the disclosure requirements applicable to some designated officials and employees. Ordinance No. 256-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141123 [Administrative Code - Establishing the Duties of the Office of Early Care and Education and Creating the Office of Early Care and Education Citizens’ Advisory Committee] Sponsors: Yee; Avalos, Kim, Tang, Campos, Wiener, Farrell, Breed, Mar and Cohen Ordinance amending the Administrative Code to establish the duties of the Office of Early Care and Education and to create the Office of Early Care and Education Citizens’ Advisory Committee. Ordinance No. 261-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141174 [Settlement of Lawsuit - Paul Haynes - $110,000] Ordinance authorizing settlement of the lawsuit filed by Paul Haynes against the City and County of San Francisco, Andrew Guillory, Lenida Reyes and Stephen Yeung, for $110,000; the lawsuit was filed on April 8, 2013, in United States District Court for the Northern District of California, Case No. 13-1567 MEJ; entitled Paul Haynes v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 246-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141145 [Levy and Collection of Special Taxes - Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsors: Mayor; Kim Ordinance authorizing the levy and collection of special taxes within City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center). PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141146 [Business and Tax Regulations Code - Hotel Tax Exemption Increase] Sponsor: Mayor Ordinance amending the Business and Tax Regulations Code, Article 7 (Tax on Transient Occupancy of Hotel Rooms), to increase the exemption rate from less than $30 a day to less than $40 a day; and to require future review by the Controller of the daily and weekly exemption amounts. PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141181 [Public Employment - Amendment to the Annual Salary Ordinance for the Office of the Assessor-Recorder - FYs 2014-2015 and 2015-2016] Sponsor: Farrell Ordinance amending Ordinance No. 147-14 (Annual Salary Ordinance, FYs 2014-2015 and 2015-2016) to reflect the addition of five (5) grant-funded positions including two (2) Class 4214 Assessor-Recorder Office Specialist positions (1.16 FTE), one (1) Class 4215 Assessor-Recorder Senior Office Specialist position (0.65 FTE), and two (2) Class 4261 Real Property Appraiser positions (1.16 FTE) in the Office of Assessor-Recorder for the implementation of the State-County Assessors’ Partnership Agreement grant. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141211 [De-Appropriation and Re-Appropriation - $1,400,000 of Water System Improvement Program for Public Utilities Commission - FY2014-2015] Sponsor: Mayor Ordinance de-appropriating $1,400,000 in existing Water System Improvement Program (WSIP) Regional Groundwater & Recovery Project budgets approved by Ordinance No. 311-08 and re-appropriating the funds to Water System Improvement Program (WSIP) Bond/Commercial Paper expense. (Fiscal Impact) Privilege of the floor was granted unanimously to Nicole Wheaton and Roger Kim (Mayor's Office) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141214 [Appropriation - General Obligation Refunding Bonds of $430,000,000 - FY2014-2015] Sponsors: Mayor; Breed Ordinance appropriating $430,000,000 of one or more series of General Obligation Refunding Bond proceeds and placing all of these funds on Controller’s Reserve pending the sale of the General Obligation Refunding Bond Proceeds in one or more series. Supervisor Breed requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141159 [Emergency Work - Repairing Lower Cherry Aqueduct and Upgrading Sunol Valley Water Facilities Related to Drought Declaration - Not to Exceed $33,000,000] Resolution approving emergency public work of the San Francisco Public Utilities Commission related to drought declaration under Administrative Code, Section 6.60, to perform immediate work to repair Lower Cherry Aqueduct, Sunol Valley Water Treatment Plant, San Antonio Pump Station, and related infrastructure with contract amounts not to exceed $33,000,000 collectively. (Public Utilities Commission) (Fiscal Impact) Resolution No. 462-14 ADOPTED by the following vote:

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

Excused: Yee

141162 [Master License Agreements - ExteNet Systems, LLC, and GTE Mobilnet of California, LP, d/b/a Verizon Wireless - Outdoor Distributed Antenna System Pole Installation] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Master License Agreements for Outdoor Distributed Antenna System Pole Installation between the City and County of San Francisco, ExteNet Systems (California), LLC, and GTE Mobilnet of California, LP, d/b/a Verizon Wireless, each for a term of 12 years to commence following Board approval. (Public Utilities Commission) ADOPTED by the following vote:

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

Excused: Yee

Supervisor Wiener, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Excused: Yee

Supervisor Wiener, seconded by Supervisor Breed, moved that this Resolution be AMENDED on Page 3, Line 22, by adding 'FURTHER RESOLVED, That the Board of Supervisors intends in the Annual Appropriation Ordinance to appropriate funds generated by these leases for the streetlight program; and, be it'. The motion carried by the following vote:

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

Excused: Yee

Resolution No. 463-14 ADOPTED AS AMENDED by the following vote:

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

Excused: Yee

141187 [Authorizing the Issuance and Sale of Farebox Revenue Bonds by the Peninsula Corridor Joint Powers Board - Not to Exceed $11,000,000] Sponsor: Cohen Resolution authorizing the issuance and sale by the Peninsula Corridor Joint Powers Board of Farebox Revenue Bonds in an aggregate principal amount not to exceed $11,000,000; and authorizing related actions as defined in herein. Resolution No. 464-14 ADOPTED by the following vote:

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

Excused: Yee

141188 [Accept and Expend Grant - State-County Assessor’s Partnership Agreement - $1,285,000] Sponsor: Farrell Resolution authorizing the Office of the Assessor-Recorder to accept and expend a State-County Assessor’s Partnership Agreement Program Grant from the California State Department of Finance in the amount of $1,285,000 ($300,000 for FY2014-2015, $460,000 for FY2015-2016, and $525,000 for FY2016-2017) for the period of October 15, 2014, to June 30, 2017. (Fiscal Impact) Resolution No. 465-14 ADOPTED by the following vote:

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

Excused: Yee

141212 [Accept and Expend Grant - Regional Groundwater Storage and Recovery Project Phase 1A - South Westside Groundwater Basin, Northern San Mateo County - $1,400,000] Sponsor: Mayor Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a grant in the amount of $1,400,000 from the California Department of Water Resources for the Regional Groundwater Storage and Recovery Project Phase 1A - South Westside Groundwater Basin, Northern San Mateo County. Resolution No. 466-14 ADOPTED by the following vote:

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

Excused: Yee

141213 [General Obligation Refunding Bonds Issuance - Not to Exceed $430,000,000] Sponsors: Mayor; Breed Resolution authorizing the issuance of One or More Series of City and County of San Francisco General Obligation Refunding Bonds in an amount not to exceed $430,000,000; approving the form of and authorizing the distribution of a Preliminary Official Statement relating to the issuance of City and County of San Francisco General Obligation Refunding Bonds and authorizing the preparation, execution, and delivery of a final Official Statement; ratifying the approvals and terms and conditions of Resolution No. 448-11; and related matters as defined herein. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 467-14 ADOPTED by the following vote:

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

Excused: Yee

141218 [Issuance of Special Tax Bonds - Community Facilities District No. 2014-1 - Not to Exceed $1,400,000,000] Sponsors: Mayor; Kim Resolution authorizing the issuance and sale of not to exceed $1,400,000,000 Special Tax Bonds for City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) and determining other matters in connection therewith. Resolution No. 468-14 ADOPTED by the following vote:

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

Excused: Yee

141219 [Accept and Expend Grant - H-1B Ready to Work Partnership Grant - $980,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $980,000 from the North Valley Workforce Board for the H-1B Ready to Work projects during the period of November 1, 2014, through October 31, 2018. Resolution No. 469-14 ADOPTED by the following vote:

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

Excused: Yee

141220 [Accept and Expend Grant - GO-Biz Capital Infusion Program - $60,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $60,000 from the Humboldt State University Sponsored Programs Foundation for the GO-Biz Capital Infusion Program for the period of October 1, 2014, through September 30, 2015. Resolution No. 470-14 ADOPTED by the following vote:

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

Excused: Yee

141224 [Agreement - New Flyer of America, Inc. - Purchase of Low-Floor Diesel-Hybrid Buses - Not to Exceed $68,257,536] Sponsors: Cohen; Breed and Mar Resolution approving an agreement with New Flyer of America, Inc., for the purchase of 61 60-foot low-floor diesel-hybrid buses, related tools, training, and spare parts in an amount not to exceed $68,257,536 and for a term not to exceed six years to commence following Board approval. (Fiscal Impact) Resolution No. 471-14 ADOPTED by the following vote:

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

Excused: Yee

ed $32,500,000] Sponsor: Cohen Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,500,000 for the purpose of providing financing for the acquisition and construction of a 93-unit multifamily rental housing project known as Alice Griffith Phase 1 Apartments Project, 2600 Arelious Walker Drive, in San Francisco, California; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary as defined herein to implement this Resolution; and related matters as defined herein. Supervisor Cohen, 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, Cohen, Farrell, Kim, Mar, Tang, Wiener

Excused: Yee

Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,500,000 for the purpose of providing financing for the acquisition and construction of a 93-unit multifamily rental housing project known as Alice Griffith Phase 1 Apartments Project, 2600 Arelious Walker Drive, in San Francisco, California; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary as defined herein to implement this Resolution; and related matters as defined herein. Resolution No. 472-14 ADOPTED AS AMENDED by the following vote:

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

Excused: Yee

xceed $32,500,000] Sponsor: Cohen Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,500,000 for the purpose of providing financing for the acquisition and construction of a 91-unit multifamily rental housing project known as Alice Griffith Phase 2 Apartments Project, 2700 Arelious Walker Drive, San Francisco, California; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary as defined herein to implement this Resolution; and related matters as defined herein. Supervisor Cohen, 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, Cohen, Farrell, Kim, Mar, Tang, Wiener

Excused: Yee

Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,500,000 for the purpose of providing financing for the acquisition and construction of a 91-unit multifamily rental housing project known as Alice Griffith Phase 2 Apartments Project, 2700 Arelious Walker Drive, San Francisco, California; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary as defined herein to implement this Resolution; and related matters as defined herein. Resolution No. 473-14 ADOPTED AS AMENDED by the following vote:

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

Excused: Yee

141227 [Association of Bay Area Governments Revenue Bond Issuance - Presidio Knolls School - Not to Exceed $13,500,000] Sponsor: Kim Resolution approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Revenue Bonds by the Association of Bay Area Governments Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $13,500,000 to finance or refinance the acquisition, construction, equipping and/or furnishing of K-12 educational facilities to be owned and operated by Presidio Knolls School, a California nonprofit public benefit corporation. Resolution No. 474-14 ADOPTED by the following vote:

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

Excused: Yee

141229 [Authorizing Expenditures - SoMa Community Stabilization Fund - $500,000] Sponsors: Kim; Mar Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund in the amount of $500,000 for the acquisition of a community facility and for college preparatory service connection. (Fiscal Impact) Resolution No. 476-14 ADOPTED by the following vote:

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

Excused: Yee

ornia Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $62,500,000 for 588 Mission Bay Boulevard North (also known as Mission Bay South Block 7 West), San Francisco, California 94107; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $ 62,500,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Resolution No. 477-14 ADOPTED by the following vote:

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

Excused: Yee

140919 [Health Code - Gas Station Bathrooms] Sponsors: Farrell; Kim and Campos Ordinance amending the Health Code to eliminate the requirement that gasoline stations provide separate toilet facilities for men and women. Supervisors Kim and Campos requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Excused: Yee

141093 [Zoning - Interim Moratorium Extension on Production, Distribution, and Repair Conversion in the Proposed Central South of Market Plan Area] Sponsors: Kim; Avalos, Campos and Mar Urgency Ordinance approving an extension of the interim zoning moratorium to prohibit the conversion or replacement of Production, Distribution, and Repair uses in the proposed Central South of Market Plan Area bounded by Market Street on the north, Townsend Street on the south, 2nd Street on the east, and 6th Street on the west, for 22 months and 15 days, affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of consistency with the eight priority policies of Planning Code, Section 101.1. Ordinance No. 258-14 FINALLY PASSED by the following vote:

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

Excused: Yee

141018 [Public Hearing - Appeal of Tentative Map - 639 Peralta Avenue] Hearing of persons interested in or objecting to the decision of the Department of Public Works, dated September 18, 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) Angela Calvillo, Clerk of the Board, acknowledged receipt of a letter received from Alexander Weyand (Appellant) and David Myers (Project Sponsor), dated December 12, 2014, for property located at 639 Peralta Avenue requesting a continuance of the appeal. Supervisor Campos, seconded by Supervisor Breed, moved that this Hearing be CONTINUED OPEN to January 13, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

Supervisor Campos, seconded by Supervisor Breed, moved to rescind the previous vote. The motion carried by the following vote:

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

Excused: Yee

The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Rebecca Hoberg spoke in favor of the proposed continuance. There were no other speakers. The President declared public comment closed. Supervisor Campos, seconded by Supervisor Breed, moved that this Hearing be CONTINUED OPEN to January 27, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

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; and 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 Breed, moved that this Motion be CONTINUED to January 27, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

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; and 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 Breed, moved that this Motion be CONTINUED to January 27, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

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 Breed, moved that this Motion be CONTINUED to January 27, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141244 [Public Hearing - Appeal of Exemption from Environmental Review - 312 Green Street] Hearing of persons interested in or objecting to the determination of categorical exemption from environmental review under the California Environmental Quality Act issued by the Planning Department on January 15, 2013, for the proposed project at 312 Green Street. (District 3) (Appellant: Ryan J. Patterson, on behalf of Jack Oswald and Anneke Seley) (Filed November 24, 2014). (Clerk of the Board) Angela Calvillo, Clerk of the Board, acknowledged receipt of letters received from Bruno Kanter (Project Sponsor), dated December 4, 2014, and Ryan Patterson (Appellant), dated December 5, 2014, for property located at 312 Green Street requesting and/or supporting a continuance of the appeal. The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. The President declared public comment closed. Supervisor Mar, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to January 13, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141245 [Affirming the Exemption Determination - 312 Green Street] Motion affirming the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 13, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141246 [Reversing the Exemption Determination - 312 Green Street] Motion reversing the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 13, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141247 [Preparation of Findings to Reverse the Exemption Determination - 312 Green Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 312 Green Street is exempt from environmental review. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be CONTINUED to January 13, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141249 [Approving the Decision of Public Works and Approving the Tentative Map - 3032, 3038-3040 Clement Street] Motion approving the decision of Public Works and approving the Tentative Map Appeal for a Six Residential and One Commercial Unit Mixed-Use New Construction Condominium Project located at 3032, 3038-3040 Clement Street, Assessor’s Block No. 1402, Lot Nos. 022 and 023; making environmental findings and findings of consistency with the City's General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be AMENDED on Page 1, Line 1, by striking 'Appeal'; on Line 4, by striking 'Appeal'; on Line 11, by striking 'Appeal'; on Line 17, by striking 'Appeal'; on Page 2, Line 6, by striking 'Appeal'; and on Line 10, by striking 'Appeal'. The motion carried by the following vote:

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

Excused: Yee

Motion approving the decision of Public Works and approving the Tentative Map for a Six Residential and One Commercial Unit Mixed-Use New Construction Condominium Project located at 3032, 3038-3040 Clement Street, Assessor’s Block No. 1402, Lot Nos. 022 and 023; making environmental findings and findings of consistency with the City's General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Motion No. M14-217 Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

Excused: Yee

141250 [Disapproving the Decision of Public Works and Disapproving the Tentative Map - 3032, 3038-3040 Clement Street] Motion disapproving the decision of Public Works and disapproving the Tentative Map for a Six Residential and One Commercial Unit Mixed-Use New Construction Condominium Project located at 3032, 3038-3040 Clement Street; making environmental findings and findings of consistency with the City's General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Yee

141251 [Preparation of Findings Related to the Tentative Map - 3032, 3038-3040 Clement Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a Six Residential and One Commercial Unit Mixed-Use New Construction Condominium Project located at 3032, 3038-3040 Clement Street, Assessor’s Block No. 1402, Lot Nos. 022 and 023. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Yee

141279 [Reappointment, Retirement Board - Wendy Paskin-Jordan] Motion approving/rejecting the Mayor’s reappointment of Wendy Paskin-Jordan to the Retirement Board, seat 4, for a four-year term ending February 20, 2019. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to a Special Meeting of the Board of Supervisors on January 7, 2015, at 2:00 p.m. The motion carried by the following vote:

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

Excused: Yee

141273 [Street Encroachment - Market Street from Van Ness Avenue to The Embarcadero - Illuminate The Arts] Sponsors: Wiener; Kim and Mar Resolution granting revocable permission to Illuminate The Arts to occupy a portion of the public right-of-way to install and maintain a public art project comprised of a subway-responsive light sculpture (LightRail) along Market Street between Van Ness Avenue and The Embarcadero, affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 478-14 ADOPTED by the following vote:

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

Excused: Yee

141288 [Concurring in the Second Declaration of Local Emergency - Rim Fire (Stanislaus National Forest Area)] Sponsor: Mayor 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. M14-226 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Yee

141277 [Committee of the Whole - Reappointment, Retirement Board - Wendy Paskin-Jordan - December 16, 2014] Sponsor: Avalos Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, on December 16, 2014, at 3:00 p.m., to hold a public hearing to approve or reject the Mayor’s reappointment of Wendy Paskin-Jordan to the Retirement Board, seat 4, for a four-year term ending February 20, 2019. The President inquired as to whether any member of the public wished to address the Board relating to File No. 141277. Cathy Session; Steve Zeltzer; Female Speaker; spoke in support of sitting as a Committee of the Whole. Walter Paulson; shared in song certain concerns with the Board. There were no other speakers. The President declared public comment closed. Motion No. M14-218 APPROVED by the following vote:

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

Excused: Yee

141280 [Committee of the Whole - Status of the Labor Dispute at San Francisco International Airport Restaurants] Sponsors: Mar; Campos Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, on December 16, 2014, at 3:00 p.m., to hold a public hearing to consider and discuss the issues arising from the labor dispute at the San Francisco International Airport restaurants. The President inquired as to whether any member of the public wished to address the Board relating to File No. 141280. Walter Paulson; shared in song certain concerns with the Board. There were no other speakers. The President declared public comment closed. Motion No. M14-219 APPROVED by the following vote:

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

Excused: Yee

141234 [Affirming the Board of Supervisors Commitment to Equal Justice and the Right to Protest and Urging Reforms in National Policing and Judicial Practices] Sponsor: Avalos Resolution affirming the San Francisco Board of Supervisors commitment to equal justice under the law and the First Amendment right to protest, recognizing the United States’ broken and racially biased police and justice systems, and urging the Department of Justice, Congress, and President Obama to review national policing and judicial practices to truly bring equal justice under the law. Supervisor Avalos, seconded by Supervisor Campos, 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, Cohen, Farrell, Kim, Mar, Tang, Wiener

Excused: Yee

Resolution affirming the San Francisco Board of Supervisors commitment to equal justice under the law and the First Amendment right to protest, recognizing the United States’ broken and racially biased police and justice systems, commending the San Francisco Police Department for its upholding protesters First Amendment Rights and urging the Department of Justice, Congress, and President Obama to review national policing and judicial practices to truly bring equal justice under the law. Supervisor Cohen, seconded by Supervisor Breed, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Kim, Mar

Excused: Yee

Supervisor Breed DUPLICATED AS AMENDED. See File No. 141295. NOT ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Campos, Kim, Mar

Noes: Breed, Cohen, Farrell, Tang, Wiener

Excused: Yee

141295 [Affirming the Board of Supervisors Commitment to Equal Justice and the Right to Protest and Urging Reforms in National Policing and Judicial Practices] Sponsor: Avalos Resolution affirming the San Francisco Board of Supervisors commitment to equal justice under the law and the First Amendment right to protest, recognizing the United States’ broken and racially biased police and justice systems, commending the San Francisco Police Department for its upholding protesters First Amendment Rights and urging the Department of Justice, Congress, and President Obama to review national policing and judicial practices to truly bring equal justice under the law. Duplicated from File No. 141234. Supervisor Breed, seconded by Supervisor Cohen, moved that this Resolution be REFERRED to the Neighborhood Services and Safety Committee. Pursuant to Board Rule 5.14, the affirmative vote of a majority of the Supervisors present, there being only nine Board Members present, the majority is five affirmative votes. Therefore, the motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Kim, Mar

Excused: Yee