Board of Supervisors Minutes: February 24, 2015

140876 [Planning Code - Office Conversion Controls In Landmark Buildings] Sponsor: Cohen Ordinance amending the Planning Code to place vertical controls on the conversion of designated landmark buildings to office use in Production Distribution and Repair - Design (PDR-1-D) and Production Distribution and Repair - General (PDR-1-G) Districts; to require that projects seeking office space in landmark buildings in PDR-1-D and PDR-1-G Districts receive a conditional use authorization from the Planning Commission; to establish requirements for those projects to receive conditional use authorization; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 026-15 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

141038 [Administrative Code - Establishing Legacy Business Registry and Fee] Sponsors: Campos; Farrell and Mar Ordinance amending the Administrative Code to direct the Small Business Commission to establish a Legacy Business Registry and authorize an administrative fee for the Registry not to exceed $50. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

150050 [Agreement Amendment - HDR Engineering, Inc. - Harry Tracy Water Treatment Plant - Long Term Improvements Project - Not to Exceed $18,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 1 to Water Enterprise, Water System Improvement Program (WSIP)-funded Agreement No. CS-919R, Harry Tracy Water Treatment Plant, Long Term Improvements Project Construction Management Services, with HDR Engineering, Inc., for additional construction management services associated with the Harry Tracy Water Treatment Plant and associated projects, increasing the agreement amount by $2,000,000 for a total not-to-exceed amount of $18,000,000 with no change to the agreement duration, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 048-15 ADOPTED by the following vote:

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

Noes: None

150077 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing the Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) Resolution No. 049-15 ADOPTED by the following vote:

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

Noes: None

150092 [Accept and Expend Grant - Federal Transportation Elderly and Disabled Specialized Transit Program - $239,000] Sponsor: Yee Resolution retroactively authorizing the Department of Public Health, Laguna Honda Hospital and Rehabilitation Center, to enter into the California Department of Transportation's Standard Agreement to accept and expend a grant of two medium sized transit shuttle vehicles and one large transit shuttle vehicle with a value of $239,000 as part of the Federal Transportation Elderly and Disabled Specialized Transit Program for the period of October 9, 2013, through December 31, 2025. Resolution No. 050-15 ADOPTED by the following vote:

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

Noes: None

150127 [Apply for Grant - Housing Related Parks Program - Not to Exceed $3,000,000] Sponsor: Christensen Resolution authorizing the Recreation and Park Department to apply for a Housing Related Parks Program Grant from the California Department of Housing and Community Development in an amount not to exceed $3,000,000 for park and recreation facilities. Resolution No. 047-15 ADOPTED by the following vote:

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

Noes: None

ge revenue bonds in an aggregate principal amount not to exceed $200,000,000 for 1601 Mariposa Street; authorizing and directing 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 the 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, solely 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 $200,000,000; 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. Privilege of the floor was granted unanimously to Sophie Hayward (Mayor’s Office of Housing), and Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Resolution No. 046-15 ADOPTED by the following vote:

Ayes: Avalos, Christensen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: Breed, Campos, Cohen

130476 [Liquor License - 1530 Fillmore Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Nae Moon Park for Fillmore Billiards, located at 1530 Fillmore Street (District 5), will serve the public convenience or necessity of the 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. 051-15 ADOPTED by the following vote:

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

Noes: None

141116 [Liquor License - 3117-16th Street] Resolution determining that the issuance of a Type 40 on-sale beer license to 3117 and 3125-16th Street (District 8), to George Rush for the Roxie Theater, 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. 052-15 ADOPTED by the following vote:

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

Noes: None

141258 [Liquor License Transfer - 3336 24th Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 1000 Van Ness Avenue to 3336 24th Street (District 9) to Caroline Santiago Brown for the 24th Street Bar, will serve the public convenience or necessity of the 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. 053-15 ADOPTED by the following vote:

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

Noes: None

141149 [Administrative Code - Language Access Requirements for Departments] Sponsors: Tang; Yee, Mar and Kim Ordinance amending the Administrative Code to expand the scope of the Language Access Ordinance to apply to all City Departments that provide information or services directly to the public, revise complaint procedures, and enhance the annual departmental compliance plan requirement. Supervisor Kim requested to be added as a co-sponsor. Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED on Page 19, Lines 7-11, by adding Section 91.12(e), to require certain Departments to file a written update to the Office of Civic Engagement and Immigrant Affairs by October 1, 2015. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

150103 [Amending Board Rules - Renaming the Neighborhood Services and Safety Committee and Land Use and Economic Development Committee - Amending Referrals of Settlements, Litigation, and Rewards] Sponsor: Breed Motion amending the Board of Supervisors Rules of Order, Rule 3.27, by renaming the ‘Neighborhood Services and Safety Committee’ to ‘Public Safety and Neighborhood Services Committee’; Rule 3.28, by renaming the ‘Land Use and Economic Development Committee’ to ‘Land Use and Transportation Committee’ and minor rewording; and Rules 3.26 and 3.25.2 by reassigning the responsibility to consider settlements of claims, litigation, and rewards from the Rules Committee to the Government Audit and Oversight Committee. Motion No. M15-026 APPROVED by the following vote:

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

Noes: None

150135 [Appointments, San Francisco Health Authority - Susan Currin, John Gressman, Lawrence Cheung, Steven Fugaro, Maria Luz Torre, Steve Fields, and Elena Tinloy] Motion appointing Maria Luz Torre, term ending January 15, 2016, and Susan Currin, John Gressman, Lawrence Cheung, Steven Fugaro, Steve Fields, and Elena Tinloy, terms ending January 15, 2018, to the San Francisco Health Authority. (Rules Committee) Motion No. M15-027 APPROVED by the following vote:

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

Noes: None

150136 [Appointment, Balboa Park Station Community Advisory Committee - Christina Hue Dang] Motion appointing Christina Hue Dang (residency requirement waived), for a two-year term yet to be determined, to the Balboa Park Station Community Advisory Committee. (Rules Committee) Motion No. M15-028 APPROVED by the following vote:

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

Noes: None

150137 [Appointment, Child Care Planning and Advisory Council - Matt Pemberton] Motion appointing Matt Pemberton, term ending March 19, 2018, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M15-029 APPROVED by the following vote:

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

Noes: None

City and County of San Francisco Page 102 Printed at 1:10 pm on 4/1/15 Board of Supervisors Meeting Minutes 2/24/2015 Supervisor Kim Excused from Voting Supervisor Avalos, seconded by Supervisor Yee, moved that Supervisor Kim be excused from voting on File No. 150139. The motion carried by the following vote:

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

Noes: None

Excused: Kim

150139 [Appointment, Bay Conservation and Development Commission - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for an indefinite term, to the San Francisco Bay Conservation and Development Commission. (Clerk of the Board) Motion No. M15-030 APPROVED by the following vote:

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

Noes: None

Excused: Kim

Supervisor Wiener Excused from Voting Supervisor Yee, seconded by Supervisor Farrell, moved that Supervisor Wiener be excused from voting on File No. 150140. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

150140 [Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Scott Wiener] Motion reappointing Supervisor Scott Wiener, term ending January 31, 2017, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M15-031 APPROVED by the following vote:

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

Noes: None

Excused: Wiener

City and County of San Francisco Page 103 Printed at 1:10 pm on 4/1/15 Board of Supervisors Meeting Minutes 2/24/2015 Supervisor Yee Excused from Voting Supervisor Avalos, seconded by Supervisor Campos, moved that Supervisor Yee be excused from voting on File No. 150141. The motion carried by the following vote:

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

Noes: None

Excused: Yee

150141 [Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Norman Yee] Motion reappointing Supervisor Norman Yee, term ending January 31, 2017, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M15-032 APPROVED by the following vote:

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

Noes: None

Excused: Yee

Supervisor Breed Excused from Voting Supervisor Avalos, seconded by Supervisor Kim, moved that Supervisor Breed be excused from voting on File No. 150142. The motion carried by the following vote:

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

Noes: None

Excused: Breed

150142 [Reappointment, Golden Gate Bridge, Highway and Transportation District - Supervisor London Breed] Motion reappointing Supervisor London Breed, term ending January 31, 2017, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M15-033 APPROVED by the following vote:

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

Noes: None

Excused: Breed

City and County of San Francisco Page 104 Printed at 1:10 pm on 4/1/15 Board of Supervisors Meeting Minutes 2/24/2015 Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of a communication from Supervisor David Campos, dated February 11, 2015, withdrawing his name for nomination to the Golden Gate Bridge, Highway and Transportation District. Clerk Calvillo further informed the Board that Supervisor Katy Tang was the next Supervisor with seniority who indicated a preference for this seat. Supervisor Tang Excused from Voting Supervisor Avalos, seconded by Supervisor Christensen, moved that Supervisor Tang be excused from voting on File No. 150143. The motion carried by the following vote:

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

Noes: None

Excused: Tang

150143 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Katy Tang] Motion reappointing Supervisor David Campos, term ending January 31, 2017, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Christensen, moved that this Motion be AMENDED on Page 1, Lines 1, 3, and 8, by striking 'Supervisor David Campos' and amending by adding 'Supervisor Katy Tang;' Line 1, by striking 'Reappointment' and amending by adding 'Appointment;' Line 3, by striking 'reappointing' and amending by adding 'appointing;' and Line 7, by striking 'reappoints' and amending by adding 'appoints.' The motion carried by the following vote:

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

Noes: None

Excused: Tang

Motion appointing Supervisor Katy Tang, term ending January 31, 2017, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M15-035 APPROVED AS AMENDED by the following vote:

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

Noes: None

Excused: Tang

Supervisor Breed Excused from Voting Supervisor Avalos, seconded by Supervisor Kim, moved that Supervisor Breed be excused from voting on File No. 150144. The motion carried by the following vote:

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

Noes: None

Excused: Breed

150144 [Reappointment, Local Agency Formation Commission - Supervisor London Breed] Motion reappointing Supervisor London Breed as a member, term ending February 4, 2019, to the Local Agency Formation Commission. (Clerk of the Board) Motion No. M15-034 APPROVED by the following vote:

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

Noes: None

Excused: Breed

City and County of San Francisco Page 105 Printed at 1:10 pm on 4/1/15 Board of Supervisors Meeting Minutes 2/24/2015 Supervisor Campos Excused from Voting Supervisor Mar, seconded by Supervisor Farrell, moved that Supervisor Campos be excused from voting on File Nos. 150145 and 150146. The motion carried by the following vote:

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

Noes: None

Excused: Campos

150145 [Reappointment, Local Agency Formation Commission - Supervisor David Campos] Motion reappointing Supervisor David Campos as a member, term ending February 4, 2019, to the Local Agency Formation Commission. (Clerk of the Board) Motion No. M15-036 APPROVED by the following vote:

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

Noes: None

Excused: Campos

150146 [Reappointment, Metropolitan Transportation Commission - Supervisor David Campos] Motion reappointing Supervisor David Campos, term ending February 10, 2019, to the Metropolitan Transportation Commission. (Clerk of the Board) Motion No. M15-037 APPROVED by the following vote:

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

Noes: None

Excused: Campos

Supervisor Farrell Excused from Voting Supervisor Tang, seconded by Supervisor Campos, moved that Supervisor Farrell be excused from voting on File No. 150147. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

150147 [Appointment, Mental Health Board - Supervisor Mark Farrell] Motion appointing Supervisor Mark Farrell, term ending January 31, 2017, to the Mental Health Board. (Clerk of the Board) Motion No. M15-038 APPROVED by the following vote:

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

Noes: None

Excused: Farrell

150055 [Appointment, Public Utilities Commission - Ike Kwon] Motion approving the Mayor's appointment of Ike Kwon to the Public Utilities Commission, Seat No. 2, for the unexpired portion of a four-year term ending August 1, 2018. (Clerk of the Board) (Charter, Section 4.112, provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors. Transmittal date: January 21, 2015.) Motion No. M15-039 APPROVED by the following vote:

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

Noes: None

150060 [Affirming the Exemption Determination - 2655 Broderick Street] Motion affirming the determination by the Planning Department that a proposed project at 2655 Broderick Street is exempt from environmental review. (Clerk of the Board) Motion No. M15-040 Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

150061 [Reversing the Exemption Determination - 2655 Broderick Street] Motion reversing the determination by the Planning Department that a proposed project at 2655 Broderick Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

150062 [Preparation of Findings to Reverse the Exemption Determination - 2655 Broderick Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 2655 Broderick Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

ific Gas and Electric Company is an adverse party: San Francisco Superior Court Case No. CGC-13-529309, filed March 6, 2013; San Francisco Superior Court Case No. CGC-13-529310, filed June 6, 2013; California Court of Appeal, First Appellate District, Case No. A127554, filed January 29, 2010; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; and Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014. President Breed restated that members of the public who wished to address the Board relating to the Closed Session (File No. 150154) were directed to make their comments during General Public Comment. The President declared public comment closed. Motion No. M15-041 Supervisor Kim, seconded by Supervisor Christensen, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

e hour of 5:49 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Persons in attendance: Jon Givner, Deputy City Attorney Theresa Mueller, Deputy City Attorney Jeanne Sole, Deputy City Attorney Barbara Hale, Assistant General Manager-Power (Public Utilities Commission) Michael Carlin (Public Utilities Commission) Roger Kim (Mayor's Office) Angela Calvillo, Clerk of the Board Alisa Somera, Acting Legislative Deputy Clerk The matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENING OF THE BOARD The Board reconvened at the hour of 6:25 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Tang, moved not to disclose the Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

150177 [Spay Day - February 24, 2015] Sponsors: Tang; Wiener Resolution supporting effective and humane ways to save animals’ lives, and recognizing February 24, 2015, as Spay Day in the City and County of San Francisco. Resolution No. 056-15 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None