Board of Supervisors Minutes: March 24, 2015

150239 [Appointment, Single Room Occupancy (SRO) Task Force - Jadma Noronha] Motion appointing Jadma Noronha, term ending December 31, 2015, to the Single Room Occupancy (SRO) Task Force. (Rules Committee) Motion No. M15-054 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

141208 [Agreement Amendment - AT&T - Telecommunications Services - Not to Exceed $97,953,700] Ordinance retroactively authorizing the Department of Technology and the Department of Contract Administration to enter into the Second Amendment of an Agreement between the City and AT&T for the City’s telecommunications services by extending the term of the agreement through December 31, 2015, and increasing the total not-to-exceed amount of the agreement to $97,953,700. (Department of Technology) (Fiscal Impact) Ordinance No. 039-15 FINALLY PASSED by the following vote:

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

Noes: None

150078 [Administrative Code - Power Revenue Bonds] Sponsor: Mayor Ordinance amending the Administrative Code to provide procedures for the issuance of Power Revenue Bonds by the Public Utilities Commission of the City and County of San Francisco. Ordinance No. 040-15 FINALLY PASSED by the following vote:

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

Noes: None

150079 [Public Utilities Commission 2015 Power Revenue Bonds Issuance - Not to Exceed $48,000,000] Sponsor: Mayor Ordinance approving the issuance and sale of revenue bonds by the Public Utilities Commission of the City and County of San Francisco in an aggregate principal amount not to exceed $48,000,000 to finance various capital projects consisting of reconstruction or replacement of existing water and/or electric power facilities pursuant to Charter, Section 9.107(6); and the acquisition, construction, installation, equipping, improvement, or rehabilitation of equipment or facilities for renewable energy and energy conservation pursuant to Charter, Section 9.107(8); approving the execution of certain documents and agreements; and confirming and making certain California Environmental Quality Act determinations, and approving other actions and matters in connection therewith. (Fiscal Impact) Ordinance No. 041-15 FINALLY PASSED by the following vote:

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

Noes: None

150157 [Accept and Expend Grant - Office of Financial Empowerment Kindergarten to College Program - Amendment to the Annual Salary Ordinance - $100,000] Sponsor: Campos Ordinance retroactively authorizing the Office of the Treasurer-Tax Collector to accept and expend a grant in the amount of $100,000 from Earned Assets Resource Network for implementing the Office of Financial Empowerment Kindergarten to College Program, for the term of December 1, 2014, through December 1, 2015; and amending Ordinance No. 147-14 (Annual Salary Ordinance, FYs 2014-2015 and 2015-2016) to provide for the creation of one grant-funded position in the Office of Financial Empowerment. Ordinance No. 042-15 FINALLY PASSED by the following vote:

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

Noes: None

141235 [Business and Tax Regulations Code - Repealing Article 3 Regarding Transient Merchants] Ordinance amending the Business and Tax Regulations Code to repeal Article 3, which contains a license requirement and tax on transient merchants, both of which have been suspended. (Treasurer-Tax Collector) Ordinance No. 043-15 FINALLY PASSED by the following vote:

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

Noes: None

Recommendation of the Government Audit and Oversight Committee Supervisors Avalos and Mar Excused from Voting Supervisor Farrell, seconded by Supervisor Yee, moved that Supervisors Avalos and Mar be excused from File No. 150045. The motion carried by the following vote:

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

Noes: None

Excused: Avalos, Mar

150045 [Settlement of Lawsuit - Bay Area Air Quality Management District - $31,400] Ordinance authorizing settlement of the lawsuit filed by The People of the State of California, by and through the Bay Area Air Quality Management District, against the City and County of San Francisco for $31,400; the lawsuit was filed on March 27, 2012, in San Francisco Superior Court, Case No. CPF-12-512078; entitled The People of the State of California, by and through the Bay Area Air Quality Management District v. The City and County of San Francisco; other material terms of said settlement are that the settlement is a stipulated civil penalty that is allocated between the Fire Department ($30,000), subject to Board of Supervisors approval, and the Municipal Transportation Agency ($1,400), subject to Municipal Transportation Agency approval. (City Attorney) Ordinance No. 044-15 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Avalos, Mar

150155 [General Plan - Repealing Ordinance No. 97-14 - Adoption of 2014 Housing Element] Sponsors: Mayor; Wiener and Cohen Ordinance amending the San Francisco General Plan by repealing the 2009 Housing Element (Ordinance No. 97-14), and adopting the 2014 Housing Element; and making findings, including environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 034-15 FINALLY PASSED by the following vote:

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

Noes: Farrell

150007 [Temporary Access and Use Licenses Extension - FOCIL-MB, LLC, and ARE-San Francisco No. 15, LLC - Mission Bay South] Resolution retroactively approving exercise of options to extend two temporary access and use licenses through July 31, 2015, for access, use, maintenance, and operation of public infrastructure improvements at or near the intersection of Seventh Street and Mission Bay Drive in the Mission Bay South area, and authorizing other official acts. (Public Works) Supervisor Cohen, seconded by Supervisor Tang, moved that this Resolution be AMENDED on Page 1, Lines 6 and 7, by striking 'and authorizing other official acts'; and on Page 3, beginning on Line 3, by striking 'FURTHER RESOLVED, That the Board of Supervisors authorizes all action heretofore taken by the officers of the City with respect to this Resolution and hereby approve, confirms and ratifies such actions.' The Motion carried by the following vote:

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

Noes: None

Resolution retroactively approving exercise of options to extend two temporary access and use licenses through July 31, 2015, for access, use, maintenance, and operation of public infrastructure improvements at or near the intersection of Seventh Street and Mission Bay Drive in the Mission Bay South area. (Public Works) Resolution No. 095-15 ADOPTED AS AMENDED by the following vote:

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

Noes: None

150227 [Urging the San Francisco Municipal Transportation Agency Board to Adopt Proof of Labor Harmony Conditions for Commuter Shuttle Operators] Sponsor: Wiener Resolution urging the San Francisco Municipal Transportation Agency Board to adopt a requirement that applicants demonstrate labor harmony conditions as part of the Commuter Shuttle Pilot Program and any other permanent Commuter Shuttle Program. Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

Noes: Breed, Christensen, Cohen, Farrell, Tang, Wiener

Resolution No. 096-15 ADOPTED by the following vote:

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

Noes: None

150023 [Appointments, Urban Forestry Council - John Malcolm Hillan, Andrew Justin Sullivan, Dan Kida, Dan Flanagan, Sandy Sherwin, and K. Rose Hillson] Motion appointing John Malcolm Hillan, Andrew Justin Sullivan, Dan Kida, Dan Flanagan, Sandy Sherwin, and K. Rose Hillson, terms ending November 18, 2016, to the Urban Forestry Council. (Rules Committee) Motion No. M15-055 APPROVED by the following vote:

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

Noes: None

150024 [Appointments, Citizens General Obligation Bond Oversight Committee - Brenda Kwee McNulty, Michael Seville, and Dion-Jay Brookter] Motion appointing Brenda Kwee McNulty, Michael Seville, and Dion-Jay Brookter, terms ending November 21, 2016, to the Citizens General Obligation Bond Oversight Committee. (Rules Committee) Motion No. M15-056 APPROVED by the following vote:

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

Noes: None

150179 [Appointments, Veterans Affairs Commission - Brendan Rogers, Kevin Miller, Stephen Noetzel, and Regalado Baldonado] Motion appointing Brendan Rogers, Kevin Miller, Stephen Noetzel, Regalado Baldonado, terms ending January 31, 2019, to the Veterans Affairs Commission. (Rules Committee) Motion No. M15-057 APPROVED by the following vote:

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

Noes: None

150183 [Appointment, Board of Appeals - Richard Swig] Motion approving the President of the Board of Supervisors London Breed's nomination of Richard Swig, for a term ending July 1, 2016, to the Board of Appeals. (Clerk of the Board) (Charter, Section 4.106, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk then the nominee shall be deemed approved. Transmittal date: February 19, 2015) Motion No. M15-058 APPROVED by the following vote:

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

Noes: None

150167 [Public Hearing - Appeal of Categorical Exemption from Environmental Review - 53 States 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 8, 2015, for the proposed project at 53 States Street. (District 8) (Appellant: Hector Martinez) (Filed February 9, 2015). (Clerk of the Board) 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 on the proposed continuance. Supervisor Tang, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to April 7, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

150168 [Affirming the Categorical Exemption Determination - 53 States Street] Motion affirming the determination by the Planning Department that a proposed project at 53 States Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Campos, moved that this Motion be CONTINUED to April 7, 2015. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

150169 [Reversing the Categorical Exemption Determination - 53 States Street] Motion reversing the determination by the Planning Department that a proposed project at 53 States Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Campos, moved that this Motion be CONTINUED to April 7, 2015. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

150170 [Preparation of Findings to Reverse the Categorical Exemption Determination - 53 States Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 53 States Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Campos, moved that this Motion be CONTINUED to April 7, 2015. The motion carried by the following vote:

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

Noes: None

Excused: Wiener

150171 [Public Hearing - Appeal of Community Plan Exemption from Environmental Review - 340 Bryant Street] Hearing of persons interested in or objecting to the issuance of a Community Plan Exemption by the Planning Department on January 8, 2015, for the proposed project at 340 Bryant Street, exempting the project from further environmental review under the California Environmental Quality Act. (District 6) (Appellant: Sue Hestor on behalf of San Franciscans for Reasonable Growth) (Filed February 9, 2015). (Clerk of the Board) 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 on the proposed continuance. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to March 31, 2015, at 3:00 p.m. The motion carried by the following vote:

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

Noes: None

150172 [Affirming the Community Plan Exemption Determination - 340 Bryant Street] Motion affirming the determination by the Planning Department that a proposed project at 340 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to March 31, 2015. The motion carried by the following vote:

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

Noes: None

150173 [Reversing the Community Plan Exemption Determination - 340 Bryant Street] Motion reversing the determination by the Planning Department that a proposed project at 340 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to March 31, 2015. The motion carried by the following vote:

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

Noes: None

150174 [Preparation of Findings to Reverse the Community Plan Exemption Determination - 340 Bryant Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Exemption determination by the Planning Department that a proposed project at 340 Bryant Street is exempt from further environmental review. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be CONTINUED to March 31, 2015. The motion carried by the following vote:

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

Noes: None

150247 [Administrative Code - Establishing Balboa Reservoir Community Advisory Committee] Sponsor: Yee Ordinance amending the Administrative Code to establish the Balboa Reservoir Community Advisory Committee to advise the Board of Supervisors, the Mayor, and City departments regarding any proposed development under the Public Land for Housing Program at the portion of the Balboa Reservoir owned by the San Francisco Public Utilities Commission; and setting forth the membership and duties of the Advisory Committee. PASSED, ON FIRST READING by the following vote:

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

Noes: None

150273 [Approval of a 30-Day Extension for Planning Commission Review of an Ordinance (File No. 141036) Amending the Regulation of Short-Term Residential Rentals] Sponsors: Kim; Campos Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 141036) amending Administrative Code, Chapter 41A, to prohibit certain residential units that have been the subject of an Ellis Act eviction from use as short-term residential rentals, and provide for private rights of action to enforce the requirements of this Chapter; and affirming the Planning Department’s Determination under the California Environmental Quality Act. Supervisor Kim, 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, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Motion extending by 30 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 141036) amending Administrative Code, Chapter 41A, to prohibit certain residential units that have been the subject of an Ellis Act eviction from use as short-term residential rentals, and provide for private rights of action to enforce the requirements of this Chapter; and affirming the Planning Department’s Determination under the California Environmental Quality Act. Motion No. M15-059 APPROVED AS AMENDED by the following vote:

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

Noes: None