# Board of Supervisors Agenda: May 19, 2015 - Meeting date: 2015-05-19 - Document type: agenda - Pages in official PDF: 19 - [Canonical HTML transcript](https://sfbos.info/documents/269/2015-05-19-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=399019&GUID=650BB88F-BCAB-4691-8B01-35C19DB0C614) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Extracted text ### [Page 1](https://sfbos.info/documents/269/2015-05-19-agenda#page-1) 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. ### [Page 2](https://sfbos.info/documents/269/2015-05-19-agenda#page-2) 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. ### [Page 3](https://sfbos.info/documents/269/2015-05-19-agenda#page-3) 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 ### [Page 4](https://sfbos.info/documents/269/2015-05-19-agenda#page-4) 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? City and County of San Francisco Page 4 Printed at 1:38 pm on 5/14/15 ### [Page 5](https://sfbos.info/documents/269/2015-05-19-agenda#page-5) 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? City and County of San Francisco Page 5 Printed at 1:38 pm on 5/14/15 ### [Page 6](https://sfbos.info/documents/269/2015-05-19-agenda#page-6) 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? City and County of San Francisco Page 6 Printed at 1:38 pm on 5/14/15 ### [Page 7](https://sfbos.info/documents/269/2015-05-19-agenda#page-7) 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? City and County of San Francisco Page 7 Printed at 1:38 pm on 5/14/15 ### [Page 8](https://sfbos.info/documents/269/2015-05-19-agenda#page-8) 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? City and County of San Francisco Page 8 Printed at 1:38 pm on 5/14/15 ### [Page 9](https://sfbos.info/documents/269/2015-05-19-agenda#page-9) 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? City and County of San Francisco Page 9 Printed at 1:38 pm on 5/14/15 ### [Page 10](https://sfbos.info/documents/269/2015-05-19-agenda#page-10) 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? City and County of San Francisco Page 10 Printed at 1:38 pm on 5/14/15 ### [Page 11](https://sfbos.info/documents/269/2015-05-19-agenda#page-11) 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? City and County of San Francisco Page 11 Printed at 1:38 pm on 5/14/15 ### [Page 12](https://sfbos.info/documents/269/2015-05-19-agenda#page-12) 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? City and County of San Francisco Page 12 Printed at 1:38 pm on 5/14/15 ### [Page 13](https://sfbos.info/documents/269/2015-05-19-agenda#page-13) 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? City and County of San Francisco Page 13 Printed at 1:38 pm on 5/14/15 ### [Page 14](https://sfbos.info/documents/269/2015-05-19-agenda#page-14) 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? City and County of San Francisco Page 14 Printed at 1:38 pm on 5/14/15 ### [Page 15](https://sfbos.info/documents/269/2015-05-19-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, May 19, 2015 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. City and County of San Francisco Page 15 Printed at 1:38 pm on 5/14/15 ### [Page 16](https://sfbos.info/documents/269/2015-05-19-agenda#page-16) 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. City and County of San Francisco Page 16 Printed at 1:38 pm on 5/14/15 ### [Page 17](https://sfbos.info/documents/269/2015-05-19-agenda#page-17) 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. City and County of San Francisco Page 17 Printed at 1:38 pm on 5/14/15 ### [Page 18](https://sfbos.info/documents/269/2015-05-19-agenda#page-18) 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) City and County of San Francisco Page 18 Printed at 1:38 pm on 5/14/15 ### [Page 19](https://sfbos.info/documents/269/2015-05-19-agenda#page-19) 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 City and County of San Francisco Page 19 Printed at 1:38 pm on 5/14/15