Board of Supervisors Minutes: May 19, 2015

141303 [Planning Code - Massage Establishments] Sponsors: Tang; Yee and Farrell 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. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 073-15 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Kim

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) Supervisor Christensen, seconded by Supervisor Cohen, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

150347 [Appropriation and De-Appropriation - Surplus Expenditures of $9,630,762 Supporting Increased Overtime Expenditures - FY2014-2015] Sponsors: Mayor; Farrell 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) Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 074-15 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Kim

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) Ordinance No. 075-15 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Kim

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Kim

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) Resolution No. 186-15 ADOPTED by the following vote:

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

Noes: None

Excused: Kim

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. Resolution No. 187-15 ADOPTED by the following vote:

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

Noes: None

Excused: Kim

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) Motion No. M15-084 APPROVED by the following vote:

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

Noes: None

Excused: Kim

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Kim

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Kim

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Kim

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. Motion No. M15-088 Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Supervisor Farrell, seconded by Supervisor Campos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Motion No. M15-089 Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Supervisor Christensen, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Kim

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. Motion No. M15-087 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Kim