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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, May 19, 2015 - 2:00 PM
Regular Meeting
LONDON BREED, PRESIDENT
JOHN AVALOS, DAVID CAMPOS, JULIE CHRISTENSEN, MALIA COHEN,
MARK FARRELL, JANE KIM, ERIC MAR, KATY TANG, SCOTT WIENER, NORMAN YEE
Angela Calvillo, Clerk of the Board
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
BOARD COMMITTEES
Committee Membership Meeting Days
Budget and Finance Committee Wednesday
Supervisors Farrell, Tang, Mar, Yee, Wiener 1:00 PM
Budget and Finance Sub-Committee Wednesday
Supervisors Farrell, Tang, Mar 10:00 AM
City and School District Select Committee 4th Thursday
Supervisors Kim, Yee, Campos, Commissioners Mendoza-McDonnell, Fewer, Wynns 3:30 PM
Government Audit and Oversight Committee 1st and 3rd Thursday
Supervisors Yee, Christensen, Breed 10:30 AM
Land Use and Transportation Committee Monday
Supervisors Cohen, Wiener, Kim 1:30 PM
Public Safety and Neighborhood Services Committee 1st and 3rd Thursday
Supervisors Mar, Campos, Christensen 2:00 PM
Rules Committee 2nd and 4th Thursday
Supervisors Avalos, Tang, Cohen 11:00 AM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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Agenda Item Information
Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget and Legislative Analyst report
3) Department or Agency cover letter and/or report
4) Public correspondence
These items will be available for review at 1 Dr. Carlton B. Goodlett Place, City Hall, Room 244,
Reception Desk.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board
has several standing committees where ordinances and resolutions are the subject of hearings at which
members of the public are urged to testify. The full Board does not hold a second public hearing on
measures which have been heard in committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to
statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and
similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and
4) standing in the meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by the
President or Chair at the beginning of each item or public comment, excluding City representatives,
except that public speakers using translation assistance will be allowed to testify for twice the amount of
the public testimony time limit. If simultaneous translation services are used, speakers will be governed
by the public testimony time limit applied to speakers not requesting translation assistance. Members of
the public who want a document placed on the overhead for display should clearly state such and
subsequently remove the document when they want the screen to return to live coverage of the meeting.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons
unable to attend the meeting may submit to the City, by the time the proceedings begin, written
comments regarding the agenda items above. These comments will be made a part of the official public
record and shall be brought to the attention of the Board of Supervisors. Written communications
should be submitted to the Clerk of the Board, Clerk of a Committee or its members: 1 Dr. Carlton B.
Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are not received prior to
the hearing may be delivered to the Clerk of the Committee at the hearing and you are encouraged to
bring enough copies for distribution.
LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490
to coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior
to the meeting to test their presentations on the computer.
AGENDA PACKET: Available for review in Clerk’s Office, Room 244, City Hall, 1 Dr.Carlton B
Goodlett Place, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on
SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Requests must be received at least 48 hours in advance of the meeting
to help ensure availability. Contact Peggy Nevin at (415) 554-5184. AVISO EN ESPAÑOL: La
solicitud para un traductor debe recibirse antes de mediodía de el viernes anterior a la reunion. Llame a
Derek Evans (415) 554-7702. Paunawa: Ang mga kahilingan ay kailangang matanggap sa loob ng 48
oras bago mag miting upang matiyak na matutugunan ang mga hiling. Mangyaring tumawag kay Joy
Lamug sa (415) 554-7712.
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Disability Access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair
accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the
Government Channel 26. Assistive listening devices for the Legislative Chamber are available upon
request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee
Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee
Room. To request sign language interpreters, readers, large print agendas or other accommodations,
please contact Wilson Ng at (415) 554-5184 or (415) 554-5227 (TTY). Requests made at least 48 hours
in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI
Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also
serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information about MUNI
accessible services, call (415) 701-4485.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall
and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett
Place and Grove Street.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness,
multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other
attendees may be sensitive to perfumes and various other chemical-based scented products. Please help
the City to accommodate these individuals.
Know Your Rights Under The Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions,
boards, councils, and other agencies of the City and County exist to conduct the people's business. This
ordinance assures that deliberations are conducted before the people and that City operations are open to
the people's review.
For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco
Administrative Code) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task
Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724;
fax at (415) 554-7854; or by email at sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by printing Chapter 67 of the San Francisco
Administrative Code on the Internet, at http://www.sfbos.org/sunshine
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action
may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct
Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist
Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San
Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site
http://www.sfgov.org/ethics
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
ROLL CALL AND PLEDGE OF ALLEGIANCE
COMMUNICATIONS
APPROVAL OF MEETING MINUTES
Approval of the April 14, 2015, Board Meeting Minutes.
AGENDA CHANGES
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall
be removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 1 through 7
Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Yee, Christensen, Breed
1. 150329 [Settlement of Lawsuits - Pacific Gas and Electric Company - City to Pay
$1,563,963.29 and City to Receive $1,563,963.29]
Ordinance authorizing settlement of two lawsuits: the first lawsuit entitled Pacific Gas
and Electric Co. v. City and County of San Francisco was filed by the Pacific Gas and
Electric Company (PG&E) on December 14, 2007, in San Francisco Superior Court,
Case No. CGC-07-470086; that settlement requires the City to pay PG&E $1,563,963.29
and allows the City to continue providing electric service to the Ferry Building; the
second lawsuit entitled City and County of San Francisco v. Pacific Gas and Electric Co.
was filed by the City on March 6, 2013, in San Francisco Superior Court, Case No.
CGC-13-529309; that settlement requires PG&E to pay the City $1,563,963.29 and to
provide the City with certain information necessary to prevent any future underpayments
of franchise fees. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
2. 150330 [Settlement of Lawsuit - FlightCar Incorporated - City to Receive $230,000]
Ordinance authorizing settlement of lawsuit filed by the City Attorney on behalf of People
of the State of California against FlightCar Incorporated and the Cross-Complaint filed
by FlightCar Incorporated against the City and County of San Francisco; for the payment
of $230,000 by FlightCar Incorporated to the City; the underlying lawsuit was filed on
May 31, 2013, in San Francisco Superior Court, Case No. CGC-13-531807, entitled
People of the State of California v. FlightCar, Inc. and later changed venue to Santa
Clara County Superior Court, Case No. 1-13-CV-251634; FlightCar Incorporated’s
Cross-Complaint, entitled FlightCar Incorporated v. City and County of San Francisco,
with the same case number, was filed on February 4, 2014. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
3. 150340 [Settlement of Lawsuit - BRE Parc 55 Owner, LLC - $431,000]
Ordinance authorizing settlement of the lawsuit filed by BRE Parc 55 Owner, LLC,
against the City and County of San Francisco for $431,000; the lawsuit was filed on
February 4, 2014, in San Francisco Superior Court, Case No. CGC-14-537160; entitled
BRE Parc 55 Owner, LLC v. City and County of San Francisco. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
4. 150400 [Settlement and Dismissal of Lawsuit - Donnie Thomas, et al. - City to Receive
$200,534]
Ordinance authorizing settlement and dismissal of the lawsuit filed by the City and
County of San Francisco against Donnie Thomas, Miles Bonner, John Rauch, Robert
Mazariegos, Vincent Padilla, Elizabeth Bradford, Jean Quiroz, Carlos Quiroz and
Centennial Distributors, Inc., for $200,534; the lawsuit was filed on August 19, 2010, in
San Francisco Superior Court, Case No. CGC-10-502809; entitled City and County of
San Francisco, et al. v. Donnie Thomas, et al. (City Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
5. 150343 [Settlement of Unlitigated Claim - Pacific Gas and Electric Company -
$62,540.39]
Resolution approving the settlement of the unlitigated claim filed by Pacific Gas and
Electric Company against the City and County of San Francisco for $62,540.39; claim
was filed on October 30, 2014. (City Attorney)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Tang
6. 141302 [Health Code - Massage Practitioner and Business Permits, Associated Fees]
Sponsors: Tang; Yee
Ordinance amending the Health Code to comprehensively revise regulation of massage
practitioners, massage establishments, massage outcall services, and sole practitioner
massage establishments by, among other things: 1) eliminating the exemption for
massage businesses that employ solely massage practitioners certified by the California
Massage Therapy Council from the permitting and regulatory authority of the
Department of Public Health; 2) increasing the number of instructional hours required for
massage practitioner permits; 3) denying massage business permits to applicants who
have been convicted of criminal acts related to human trafficking; 4) aligning massage
practitioner attire requirements with State law; 5) incorporating State human trafficking
information posting requirements into local law for enforcement purposes; 6) revising the
timing and criteria for granting, denying, suspending, and revoking massage practitioner
permits, massage establishment permits, sole practitioner massage establishment
permits, and outcall massage service permits; 7) specifying massage practitioner permit
application and annual license fees; 8) updating the application and annual license fee
amounts for massage establishments, outcall massage services, and sole practitioner
massage establishments to reflect the currently authorized amounts; and 9) grouping
related requirements and making other changes to enhance clarity and promote
compliance.
05/12/2015; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
7. 141303 [Planning Code - Massage Establishments]
Sponsors: Tang; Yee
Ordinance amending the Planning Code to require that massage establishments, with
certain exceptions, obtain a Conditional Use permit; to establish a legitimization program
for certain massage establishments; to make conforming amendments; affirming the
Planning Department’s determination under the California Environmental Quality Act;
and making findings, including findings of public necessity, convenience, and welfare
under Planning Code, Section 302, and findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1.
05/12/2015; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
REGULAR AGENDA
UNFINISHED BUSINESS
From the Board
8. 150485 [Report of Assessment Costs for Blighted Properties]
Resolution approving report of assessment costs submitted by the Director of Public
Works for inspection and/or repair of blighted properties ordered to be performed by said
Director pursuant to Administrative Code, Chapter 80, the costs thereof having been
paid for out of a blight abatement fund. (Public Works)
05/12/2015; DUPLICATED.
05/12/2015; CONTINUED.
Question: Shall this Resolution be ADOPTED?
Recommendation of the Budget and Finance Committee
Present: Supervisors Farrell, Tang, Mar, Yee, Wiener
9. 150347 [Appropriation and De-Appropriation - Surplus Expenditures of $9,630,762
Supporting Increased Overtime Expenditures - FY2014-2015]
Sponsor: Mayor
Ordinance appropriating $9,630,762 to overtime and de-appropriating $9,630,762 from
permanent salaries, fringe benefit expenses, and power for re-sale in the Sheriff’s
Department, Department of Emergency Management, Fire Department, Department of
Public Health, and the Public Utilities Commission operating budgets in order to support
the Departments projected increases in overtime as required per Ordinance No. 194-11
in FY2014-2015 and placing $91,499 of the Sheriff’s Department appropriation on
Controller’s Reserve; this Ordinance requires a two-thirds vote of all members of the
Board of Supervisors for approval of $105,000 to the Public Utilities Commission of this
request.
(Fiscal Impact)
05/12/2015; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
Recommendation of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Tang
10. 150408 [Purchase and Sale of Electricity and Related Products and Services - Public
Utilities Commission]
Sponsors: Mayor; Breed, Avalos, Mar and Campos
Ordinance authorizing the Public Utilities Commission (PUC) to use pro forma
agreements to purchase and sell electricity and related products and services to operate
the City’s municipal electric utility and community choice aggregation program;
authorizing the General Manager of the PUC, in such agreements, to deviate from
certain otherwise applicable requirements of City law, under certain circumstances; and
authorizing the PUC, within specified parameters, to approve agreements with terms in
excess of ten years or requiring expenditures of $10,000,000 or more for renewable and
greenhouse-gas-free power and related products and services.
(Fiscal Impact); (Economic Impact pending further Office of Economic Analysis Review)
05/12/2015; AMENDED.
05/12/2015; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Tang, Mar
11. 150409 [Appropriation - Wastewater Enterprise General Reserve for Claims
Settlements and Related Expenses as a Result of December 2014 Storms -
$1,750,000 - FY2014-2015]
Sponsor: Mayor
Ordinance appropriating $1,750,000 from Wastewater Enterprise designated for general
reserve in the Public Utilities Commission Wastewater Enterprise Department budget to
pay the claims settlements, legal expenses, and related costs due to the extraordinary
expenses incurred as a result of the December 2014 storms in FY2014-2015.
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
12. 150272 [Accept and Expend Grant - Solar Energy with Energy Storage - $1,286,200]
Sponsor: Farrell
Resolution retroactively authorizing the Department of the Environment to accept and
expend a grant in the amount of $1,286,200 from the U.S. Department of Energy to
develop plans in multiple neighborhoods to develop Solar Energy with Energy Storage
for Post-Disaster Preparedness for the term of December 15, 2014, through December
31, 2016.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
Present: Supervisors Farrell, Tang
13. 150312 [Commercial Lease Agreement - Les Joulins, USA - 44 Ellis Street - $5,127,000]
Sponsor: Christensen
Resolution retroactively authorizing the San Francisco Municipal Transportation Agency
to execute a Commercial Lease Agreement with Les Joulins, USA, Inc., and Osman
Uner for approximately 5,368 square feet of restaurant/night club space at 44 Ellis
Street, for a 10-year term to commence on March 1, 2015, plus two five-year options to
extend, which includes a rent schedule for the 10-year base term that will result in
$5,127,000 in revenue to the City.
Question: Shall this Resolution be ADOPTED?
Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Yee, Christensen, Breed
14. 150026 [Follow-Up Board Response - Civil Grand Jury Report - Rising Sea Levels...At
Our Doorstep]
Motion responding to the Civil Grand Jury’s request to provide a status update on the
Board of Supervisors’ responses to Recommendation Nos. 3 and 12b contained in the
2013-2014 Civil Grand Jury Report, entitled “Rising Sea Levels…At Our Doorstep”; and
urging the Mayor to cause implementation of accepted recommendations through
his/her department heads and through the development of the annual budget.
(Government Audit and Oversight Committee)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Kim
15. 150017 [Planning Code - Castro Street Neighborhood Commercial District, 24th Street
- Noe Valley Neighborhood Commercial District, Upper Market Street
Neighborhood Commercial Transit District, and Parcels Zoned Neighborhood
Commercial Transit on Market Street]
Sponsor: Wiener
Ordinance amending the Planning Code to require that certain uses obtain Conditional
Use authorization in the Castro Street Neighborhood Commercial District, the 24th
Street - Noe Valley Neighborhood Commercial District, the Upper Market Neighborhood
Commercial Transit District, and in the Moderate-Scale Neighborhood Commercial
Transit (NCT-3) District for parcels on Market Street west of Octavia Boulevard; 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 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?
16. 150148 [Planning Code - Designation of 149-155 9th Street (aka the Western
Manufacturing Company Building)]
Ordinance amending the Planning Code to change the designation of 149-155 9th
Street (aka the Western Manufacturing Company Building), Assessor’s Block No. 3728,
Lot No. 048, from Category V (Unrated) to Category III (Contributory) under Planning
Code, Article 11; and making environmental findings, and findings of consistency with
the General Plan, and the eight priority policies of Planning Code, Section 101.1.
(Historic Preservation Commission)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendation of the Public Safety and Neighborhood Services Committee
Present: Supervisors Mar, Campos, Christensen
17. 150296 [Waiver of Banner Fee - Lawton Alternative School]
Sponsor: Tang
Ordinance waiving the banner fees under Public Works Code, Section 184.78, for up to
four banners to be placed by the Lawton Alternative School to publicize the school’s
selection as a California Distinguished School.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
SPECIAL ORDER 3:00 P.M.
APPEAL PROCEDURES
Board Rule 4.18 provides that public hearings on appeals shall be scheduled for 3:00 p.m. If more than one
public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which
the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 3:00
p.m. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the
Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of
the Board to schedule multiple appeals in the following order at 3:00 p.m:
1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal.
2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to
deadlines for Board decision).
3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk.
4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 3:00 p.m.
5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 3:00
p.m.
18. 140767 [Public Hearing - Appeal of Categorical Exemption from Environmental
Review - 2251 Greenwich Street - Fire Station No. 16]
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 June 2, 2014, for the proposed project at 2251
Greenwich Street known as Fire Station No. 16. (District 2) (Appellant: Stephen
Williams, on behalf of Brent McMicking and Evan Kletter) (Filed July 2, 2014). (Clerk of
the Board)
Question: Shall this Hearing be HEARD AND FILED?
Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the
above matter in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described above, or in written correspondence delivered to the
Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA
94102-4689) at, or prior to, the public hearing.
(Only one of the following two Motions should be approved.)
19. 140768 [Affirming the Categorical Exemption Determination - 2251 Greenwich Street]
Motion affirming the determination by the Planning Department that a proposed project
at 2251 Greenwich Street is categorically exempt from environmental review.
Question: Shall this Motion be APPROVED?
20. 140769 [Reversing the Categorical Exemption Determination - 2251 Greenwich Street]
Motion reversing the determination by the Planning Department that a proposed project
at 2251 Greenwich Street is categorically exempt from environmental review.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
21. 140770 [Preparation of Findings to Reverse the Categorical Exemption Determination
- 2251 Greenwich Street]
Motion directing the Clerk of the Board to prepare findings reversing the determination
by the Planning Department that a proposed project at 2251 Greenwich Street is
categorically exempt from environmental review.
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 3:00 P.M.
22. 150395 [Public Hearing - Appeal of Categorical Exemption from Environmental
Review - 26 Hodges Alley]
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 September 18, 2014, for the proposed project at
26 Hodges Alley. (District 3) (Appellant: Melody Mar) (Filed April 10, 2015).
Question: Shall this Hearing be HEARD AND FILED?
Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the
above matter in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described above, or in written correspondence delivered to the
Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA
94102-4689) at, or prior to, the public hearing.
(Only one of the following two Motions should be approved.)
23. 150396 [Affirming the Categorical Exemption Determination - 26 Hodges Alley]
Motion affirming the determination by the Planning Department that a proposed project
at 26 Hodges Alley is categorically exempt from environmental review.
Question: Shall this Motion be APPROVED?
24. 150397 [Reversing the Categorical Exemption Determination - 26 Hodges Alley]
Motion reversing the determination by the Planning Department that a proposed project
at 26 Hodges Alley is categorically exempt from environmental review.
Question: Shall this Motion be APPROVED?
25. 150398 [Preparation of Findings to Reverse the Categorical Exemption Determination
- 26 Hodges Alley]
Motion directing the Clerk of the Board to prepare findings reversing the determination
by the Planning Department that a proposed project at 26 Hodges Alley is categorically
exempt from environmental review.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
Small Business Week
26. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters
of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
27. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the
public that are within the subject matter jurisdiction of the Board, including items being considered
today which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
Items 28 through 33
28. 150500 [Supporting California Assembly Bill 775 (Chiu and Burke) - The Reproductive
Freedom, Accountability, Comprehensive Care, and Transparency Act]
Sponsors: Cohen; Kim
Resolution supporting California Assembly Bill 775, co-authored by Assemblymembers
David Chiu and Autumn Burke, which advances reproductive freedom, accountability,
comprehensive care, and transparency for women in California.
05/12/2015; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
29. 150501 [Declaring CHEER San Francisco as the Official Cheerleaders of the City and
County of San Francisco]
Sponsor: Wiener
Resolution declaring CHEER San Francisco to be the Official Cheerleaders of the City
and County of San Francisco; and commending the organization on the occasion of its
35th anniversary.
05/12/2015; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 150502 [National Mental Health Awareness Month - May]
Sponsors: Yee; Mar
Resolution recognizing and supporting efforts to bring more resources to mental health
services locally and declaring May as National Mental Health Awareness Month in the
City and County of San Francisco.
05/12/2015; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
31. 150487 [Final Map 8413 - 248-252-9th Street]
Motion approving Final Map 8413, a 15 residential unit and 1 commercial unit,
mixed-use Condominium Project, located at 248-252-9th Street, being a subdivision of
Assessor’s Block No. 3518, Lot Nos. 006 and 007, and adopting findings pursuant to the
General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public
Works)
05/08/2015; RECEIVED FROM DEPARTMENT.
Question: Shall this Motion be APPROVED?
32. 150488 [Final Map 8105 - 883-899 Valencia Street]
Motion approving Final Map 8105, a 18 residential unit and 3 commercial unit,
mixed-use Condominium Project, located at 883-899 Valencia Street, being a
subdivision of Assessor’s Block No. 3596, Lot No. 113, and adopting findings pursuant
to the General Plan, and the eight priority policies of Planning Code, Section 101.1.
(Public Works)
05/08/2015; RECEIVED FROM DEPARTMENT.
05/12/2015; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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33. 150503 [Committee of the Whole - Urgency Ordinance - Zoning - Interim Moratorium
on New Residential Uses and Elimination of Production, Distribution, and
Repair Uses in a Portion of the Mission Area Plan of the General Plan - June 2,
2015]
Sponsor: Campos
Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June
2, 2015, at 3:00 p.m., to hold a public hearing to consider the proposed Urgency
Ordinance for an Interim Moratorium on New Residential Uses and Elimination of
Production, Distribution and Repair Uses in a Portion of the Mission Area Plan of the
General Plan.
05/12/2015; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
34. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time,
there is a need to take immediate action. The need to take action came to the attention of the
City and County of San Francisco after the agenda was posted.
LEGISLATION INTRODUCED AT ROLL CALL
Introduced by a Supervisor or the Mayor
Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board
of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be
referred to and reported upon by an appropriate Committee of the Board.
Legislation Introduced will appear on the Final Minutes for this meeting. Once the
Legislation Introduced is approved, it will be available on
http://www.sfbos.org/legislation_introduced.
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
Introduced at the Request of a Department
Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit
proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at
the rear of the next available agenda of the Board.
PROPOSED ORDINANCE
150482 [Settlement of Lawsuit - Dana Kess - $96,000]
Ordinance authorizing settlement of the lawsuit filed by Dana Kess against the City and
County of San Francisco for $96,000; the lawsuit was filed on August 29, 2013, in
California Superior Court, San Francisco Branch, Case No. CGC-13-531728, entitled
Dana Kess v. Department of Recreation and Park, City and County of San Francisco.
(City Attorney)
05/07/2015; RECEIVED FROM DEPARTMENT.
05/19/2015; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
PROPOSED RESOLUTIONS
150483 [Host Site Agreement - 2020 PGA Championship - PGA Tournament
Corporation, Inc. - Minimum Site Fee $2,000,000]
Resolution approving and authorizing the execution of a Host Site Agreement with PGA
Tournament Corporation, Inc. for the use of TPC Harding Park Golf Course for the 2020
PGA Championship for a site fee of not less than $2,000,000. (Recreation and Park
Department)
05/08/2015; RECEIVED FROM DEPARTMENT.
05/19/2015; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
150484 [Extension Agreement - Long Term Energy Sales - Modesto Irrigation District]
Resolution approving an Extension Agreement between the City and County of San
Francisco, acting by and through its Public Utilities Commission, and the Modesto
Irrigation District, to extend the term of the existing Long Term Energy Sales Agreement
to the earlier of the approval of a replacement agreement by both parties, or June 30,
2016. (Public Utilities Commission)
05/11/2015; RECEIVED FROM DEPARTMENT.
05/19/2015; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
150486 [Extension Agreement - Long Term Power Sales - Turlock Irrigation District]
Resolution approving an Extension Agreement between the City and County of San
Francisco, acting by and through its Public Utilities Commission, and the Turlock
Irrigation District, to extend the term of the existing Long Term Power Sales Agreement
to the earlier of the approval of a replacement agreement by both parties, or June 30,
2016. (Public Utilities Commission)
05/11/2015; RECEIVED FROM DEPARTMENT.
05/19/2015; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
150504 [Petitions and Communications]
Petitions and Communications received from May 4, 2015, through May 11, 2015, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on May 19, 2015.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information will not be redacted.
From Clerk of the Board, reporting that the following individuals have submitted Form
700 Statements as of May 6, 2015. (1)
Blood, Scott - Legislative Aide - Assuming office
From Planning, regarding Appeal of Categorical Exemption for 26 Hodges Alley. File
No. 150395. Copy: Each Supervisor. (2)
From Planning, regarding Appeal of Categorical Exemption for 2251 Greenwich Street.
File No. 140767. Copy: Each Supervisor. (3)
From Controller, regarding FY2014-2015 Nine-Month Budget status report. (4)
From Planning, regarding Pier 70 Mixed-Use District project Environmental Impact
Report. (5)
From Controller, regarding quarterly review as of September 30 and December 31,
2014, of the Treasurer’s schedule of cash, investments, and accrued interest receivable.
(6)
From Reuben, Junius & Rose LLP, regarding Appeal of Categorical Exemption for 26
Hodges Alley. File No. 150395. Copy: Each Supervisor. (7)
From Verizon Wireless, submitting notification letters for various nodes and sites for
Municipal Transportation Agency. 41 Letters. (8)
From John Pettitt, regarding church parking. Copy: Each Supervisor. (9)
From Louis J. Giraudo, regarding compliance findings for California Pacific Medical
Center Development Agreement. File No. 150439. Copy: Each Supervisor. (10)
From Human Resources, regarding waiver request for Holiday Inn Golden Gateway.
(11)
From Diane Thulin, regarding Target on Polk Street. Copy: Each Supervisor. (12)
From Vi Huynh, regarding massage establishments. File Nos. 141302 and 141303.
Copy: Each Supervisor. (13)
From Capital Planning, regarding 2015 Transportation and Road Improvement General
Obligation Bond issuance and related supplemental appropriation. (14)
From Mayor Lee, regarding Hummingbird Place. Copy: Each Supervisor. (15)
From Aaron Goodman, regarding capacity limits being reached on public transit. Copy:
Each Supervisor. (16)
From San Francisco League of Conservation Voters, regarding CleanPowerSF. Copy:
Each Supervisor. (17)
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Board of Supervisors Meeting Agenda Tuesday, May 19, 2015
From Phyllis Stahler, regarding the Catholic identity. Copy: Each Supervisor. (18)
From San Francisco Police, regarding body cameras and arrest data. Copy: Each
Supervisor. (19)
From concerned citizens, regarding business restrictions on 24th Street. File No.
150017. Copy: Each Supervisor. 2 letters. (20)
From concerned citizen, regarding sales of stolen pantry food. Copy: Each Supervisor.
(21)
From Karen Cancino, submitting signatures for petition regarding Municipal
Transportation Agency. 30 signatures. Copy: Each Supervisor. (22)
From Environment, regarding Green Business Checklists amendments. Copy: Each
Supervisor. (23)
From Allen Jones, regarding Human Rights Commission. Copy: Each Supervisor. (24)
ADJOURNMENT
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