# Board of Supervisors Minutes: May 19, 2015

- Meeting date: 2015-05-19
- Document type: minutes
- Pages in official PDF: 22
- [Canonical HTML transcript](https://sfbos.info/documents/270/2015-05-19-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&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.

## Structured legislative records

### File 150329: Settlement of Lawsuits - Pacific Gas and Electric Company - City to Pay $1,563,963.29 and City to Receive $1,563,963.29

- Pages: 3

### File 150330: Settlement of Lawsuit - FlightCar Incorporated - City to Receive $230,000

- Pages: 3

### File 150340: Settlement of Lawsuit - BRE Parc 55 Owner, LLC - $431,000

- Pages: 3

### File 150400: Settlement and Dismissal of Lawsuit - Donnie Thomas, et al. - City to Receive $200,534

- Pages: 3-4

### File 150343: Settlement of Unlitigated Claim - Pacific Gas and Electric Company - $62,540.39

- Pages: 4

### File 141302: Health Code - Massage Practitioner and Business Permits, Associated Fees

- Pages: 4

### File 141303: Planning Code - Massage Establishments

- Pages: 4-5
- Vote 1: final-passage, likely final
  - Action: 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
  - Excused: Kim

### File 150485: Report of Assessment Costs for Blighted Properties

- Pages: 5
- Vote 1: tabling
  - Action: 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
  - Excused: Kim

### File 150347: Appropriation and De-Appropriation - Surplus Expenditures of $9,630,762 Supporting Increased Overtime Expenditures - FY2014-2015

- Pages: 5-6
- Vote 1: final-passage, likely final
  - Action: 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
  - Excused: Kim

### File 150408: Purchase and Sale of Electricity and Related Products and Services - Public Utilities Commission

- Pages: 6
- Vote 1: final-passage, likely final
  - Action: 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
  - Excused: Kim

### File 150409: Appropriation - Wastewater Enterprise General Reserve for Claims Settlements and Related Expenses as a Result of December 2014 Storms - $1,750,000 - FY2014-2015

- Pages: 6-7
- Vote 1: first-reading
  - Action: 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
  - Excused: Kim

### File 150272: Accept and Expend Grant - Solar Energy with Energy Storage - $1,286,200

- Pages: 7
- Vote 1: adoption, likely final
  - Action: 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
  - Excused: Kim

### File 150312: Commercial Lease Agreement - Les Joulins, USA - 44 Ellis Street - $5,127,000

- Pages: 7
- Vote 1: adoption, likely final
  - Action: 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
  - Excused: Kim

### File 150026: Follow-Up Board Response - Civil Grand Jury Report - Rising Sea Levels...At Our Doorstep

- Pages: 7-8
- Vote 1: approval, likely final
  - Action: 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
  - Excused: Kim

### File 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

- Pages: 8
- Vote 1: first-reading
  - Action: 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
  - Excused: Kim

### File 150148: Planning Code - Designation of 149-155 9th Street (aka the Western Manufacturing Company Building)

- Pages: 8
- Vote 1: first-reading
  - Action: 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
  - Excused: Kim

### File 150296: Waiver of Banner Fee - Lawton Alternative School

- Pages: 8-9
- Vote 1: first-reading
  - Action: 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
  - Excused: Kim

### File 140767: Public Hearing - Appeal of Categorical Exemption from Environmental Review - 2251 Greenwich Street - Fire Station No. 16

- Pages: 9

### File 140768: Affirming the Categorical Exemption Determination - 2251 Greenwich Street

- Pages: 9
- Vote 1: approval, likely final
  - Action: 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
  - Excused: Kim

### File 140769: Reversing the Categorical Exemption Determination - 2251 Greenwich Street

- Pages: 9
- Vote 1: tabling
  - Action: 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
  - Excused: Kim

### File 140770: Preparation of Findings to Reverse the Categorical Exemption Determination - 2251 Greenwich Street

- Pages: 9-10
- Vote 1: tabling
  - Action: 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
  - Excused: Kim

### File 150395: Public Hearing - Appeal of Categorical Exemption from Environmental Review - 26 Hodges Alley

- Pages: 10

### File 150396: Affirming the Categorical Exemption Determination - 26 Hodges Alley

- Pages: 10
- Vote 1: approval, likely final
  - Action: 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
  - Excused: Kim

### File 150397: Reversing the Categorical Exemption Determination - 26 Hodges Alley

- Pages: 10
- Vote 1: tabling
  - Action: 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
  - Excused: Kim

### File 150398: Preparation of Findings to Reverse the Categorical Exemption Determination - 26 Hodges Alley

- Pages: 10-11
- Vote 1: tabling
  - Action: 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
  - Excused: Kim

### File 150500: Supporting California Assembly Bill 775 (Chiu and Burke) - The Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act

- Pages: 12

### File 150501: Declaring CHEER San Francisco as the Official Cheerleaders of the City and County of San Francisco

- Pages: 12

### File 150502: National Mental Health Awareness Month - May

- Pages: 12

### File 150487: Final Map 8413 - 248-252-9th Street

- Pages: 12

### File 150488: Final Map 8105 - 883-899 Valencia Street

- Pages: 12-13

### File 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

- Pages: 13
- Vote 1: approval, likely final
  - Action: 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
  - Excused: Kim

### File 150524: Charter Amendment - Enhancement of Paid Parental Leave for City Employees

- Pages: 13-14

### File 150221: Planning, Public Works Codes - Street Trees and Adoption of Associated Fees

- Pages: 14

### File 150243: Administrative Code - Barring City Departments from Purchasing and City Contractors or Grantees from Selling or Distributing Sugar-Sweetened Beverages

- Pages: 14-15

### File 150245: Health Code - Sugar-Sweetened Beverage Warning for Advertisements

- Pages: 15

### File 150348: Planning Code - Applying Inclusionary Housing Requirements to Group Housing

- Pages: 15

### File 150350: Health, Public Works Codes - Mandatory Use of Alternate Water Supplies in New Construction

- Pages: 15-16

### File 150461: Zoning - Interim Moratorium on Certain New Residential Uses and Elimination of Production, Distribution, and Repair Uses in a Portion of the Mission Area Plan of the General Plan

- Pages: 16

### File 150515: Memorandum of Understanding - Union of American Physicians and Dentists, Unit 17

- Pages: 16

### File 150516: Memorandum of Understanding - Union of American Physicians and Dentists, Unit 18

- Pages: 16

### File 150517: Memorandum of Understanding - Laborers International Union, Local 261

- Pages: 16-17

### File 150518: Memorandum of Understanding - Service Employees International Union, Local 1021: H-1 Fire Rescue Paramedics

- Pages: 17

### File 150519: Compensation for Unrepresented Employees

- Pages: 17

### File 150525: Subdivision Code - Below Market Rate Condominium Conversion Program Alternatives

- Pages: 17

### File 150526: Amending Ordinance No. 28-15 - Inapplicability of Clean Construction Ordinance to Existing Contracts

- Pages: 17

### File 150527: Administrative Code - Notice and Filing Period for an Application for Reduction of an Escape Tax Assessment

- Pages: 17-18

### File 150528: Health Code - Animal Care and Control Adoption Fee Waiver

- Pages: 18

### File 150529: Appointment, Director of the San Francisco Bay Area Regional Water System Financing Authority - Harlan L. Kelly, Jr.

- Pages: 18

### File 150530: Accept and Expend Grant - Summer Jobs Connect Program - $600,000

- Pages: 18

### File 150531: Contracts - Oracle America, Inc., and Accenture, LLP - Controller’s Financial System Project - Not to Exceed $27,792,116 and $23,068,777

- Pages: 18

### File 150532: Interim Zoning Controls - Conditional Use Requirement for Residential Mergers

- Pages: 18-19

### File 150533: California Enterprise Development Authority Revenue Obligations Issuance - Live Oak - Learning Center for Children - Not to Exceed $10,000,000

- Pages: 19

### File 150534: Multifamily Housing Revenue Bonds - 2500 Arelious Walker Drive - Not to Exceed $33,000,000

- Pages: 19

### File 150535: Resolution of Intention - Dogpatch & Northwest Potrero Hill Green Benefit District

- Pages: 19

### File 150536: Accept and Expend Grant - Human Trafficking Advocacy Program - $110,276

- Pages: 19-20

### File 150537: Accept In-Kind Gift - San Francisco Association of Realtors® - Online Content Subscription - $20,000 in Annual Value

- Pages: 20

### File 150538: Recognizing and Supporting the First Annual National Gun Violence Awareness Day - June 2, 2015

- Pages: 20

### File 150523: Hearing - Zoning - Interim Moratorium on Certain New Residential Uses and Elimination of Production, Distribution, and Repair Uses in a Portion of the Mission Area Plan of the General Plan

- Pages: 20-21

### File 150482: Settlement of Lawsuit - Dana Kess - $96,000

- Pages: 21

### File 150483: Host Site Agreement - 2020 PGA Championship - PGA Tournament Corporation, Inc. - Minimum Site Fee of Not Less Than $2,000,000

- Pages: 21

### File 150484: Extension Agreement - Long Term Energy Sales - Modesto Irrigation District

- Pages: 21

### File 150486: Extension Agreement - Long Term Power Sales - Turlock Irrigation District

- Pages: 21-22

## Extracted text

### [Page 1](https://sfbos.info/documents/270/2015-05-19-minutes#page-1)

BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO


                                    MEETING MINUTES

                                       Tuesday, May 19, 2015 - 2:00 PM

                                         Legislative Chamber, Room 250
                                    City Hall, 1 Dr. Carlton B. Goodlett Place
                                          San Francisco, CA 94102-4689
                                                  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


                                           BOARD COMMITTEES

 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




                                                                                 Volume 110     Number 19

### [Page 2](https://sfbos.info/documents/270/2015-05-19-minutes#page-2)

Board of Supervisors                             Meeting Minutes                                               5/19/2015

  Members Present: John Avalos, London Breed, David Campos, Julie Christensen, Malia Cohen, Mark
                   Farrell, Eric Mar, Katy Tang, Scott Wiener, and Norman Yee




ROLL CALL AND PLEDGE OF ALLEGIANCE
            President London Breed called the meeting to order at 2:05 p.m. On the call of the roll,
            Supervisors Christensen and Kim were not present. There was a quorum.



COMMUNICATIONS
            Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of a
            communication from Supervisor Jane Kim informing the Board of her absence and requesting to
            be excused from today’s meeting.



Supervisor Kim Excused from Attendance
            Supervisor Campos, seconded by Supervisor Yee, moved that Supervisor Kim be excused from
            attending today’s meeting. The motion carried by the following vote:
                 Ayes: 9 - Avalos, Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim
                 Absent: 1 - Christensen



APPROVAL OF MEETING MINUTES
            President Breed inquired whether any Board Member had any corrections to the Board Meeting
            Minutes of April 14, 2015. There were no corrections.
            Supervisor Mar, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of
            April 14, 2015. The motion carried by the following vote, following general public comment:
                 Ayes: 9 - Avalos, Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim
                 Absent: 1 - Christensen



AGENDA CHANGES
            There were no agenda changes.



            Supervisor Christensen was noted present at 2:07 p.m.




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### [Page 3](https://sfbos.info/documents/270/2015-05-19-minutes#page-3)

Board of Supervisors                              Meeting Minutes                                               5/19/2015




CONSENT AGENDA


Recommendations of the Government Audit and Oversight Committee

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)
            PASSED, ON FIRST READING


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)
            PASSED, ON FIRST READING


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)
            PASSED, ON FIRST READING


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)
            PASSED, ON FIRST READING



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Board of Supervisors                             Meeting Minutes                                                5/19/2015



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)
            Resolution No. 188-15
            ADOPTED




Recommendations of the Land Use and Transportation Committee

141302 [Health Code - Massage Practitioner and Business Permits, Associated Fees]
            Sponsors: Tang; Yee and Farrell
            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.
            Supervisor Farrell requested to be added as a co-sponsor.
            Ordinance No. 072-15
            FINALLY PASSED


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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim


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REGULAR AGENDA


UNFINISHED BUSINESS


From the Board

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim



Recommendation of the Budget and Finance Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim




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Recommendation of the Budget and Finance Sub-Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim



NEW BUSINESS


Recommendations of the Budget and Finance Sub-Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim




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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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim



Recommendation of the Government Audit and Oversight Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim




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Recommendations of the Land Use and Transportation Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim



Recommendation of the Public Safety and Neighborhood Services Committee

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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim


            President Breed recessed the meeting without objection at the hour of 2:49 p.m., and reconvened
            at the hour of 3:00 p.m. The following Supervisors were noted present: Supervisors Avalos,
            Breed, Campos, Christensen, Cohen, Farrell, Tang, Wiener, Yee

            Supervisor Mar was noted present at 3:02 p.m.


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SPECIAL ORDER 3:00 P.M.

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)
            The President inquired as to whether any member of the public wished to address the Board.
            Stephen Williams (Appellant) provided an overview of the appeal and further requested the Board
            to approve the appeal. Evan Kletter; Patricia Vaughy; Michael Poll; spoke in support of the
            appeal. Jessica Range (Planning Department) provided an overview of the decision of the
            Planning Department. Charles Higueras (Public Works) and Marlena Byrne, Deputy City Attorney,
            responded to questions raised throughout the discussion. Charles Higueras (Public Works) and
            Ken Lombardi, Deputy Fire Chief, provided an overview of the project. Edmund Larry Juizye;
            spoke in support of the project and in opposition to the appeal. Stephen Williams (Appellant)
            provided a rebuttal and further requested the Board to approve the appeal. There were no other
            speakers. The President declared the public hearing closed.
            HEARD AND FILED


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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim

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SPECIAL ORDER 3:00 P.M.

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).
            Angela Calvillo, Clerk of the Board, acknowledged receipt of a communication received from
            Melody Mar (Appellant), dated May 18, 2015, for property located at 26 Hodges Alley requesting a
            continuance of the appeal. The President inquired as to whether any member of the public wished
            to address the Board. Melody Mar (Appellant) provided an overview of the appeal and further
            requested the Board to approve the appeal. Edmund Larry Juizye; spoke in support of the appeal.
            Chris Espiritu (Planning Department) provided an overview of the decision of the Planning
            Department. Jody Knight (Project Sponsor) provided an overview of the project and further
            requested the Board to uphold the decision of the Planning Department. There were no speakers
            in support of the project and in opposition to the appeal. Steven Wood (Appellant) provided a
            rebuttal and further requested the Board to approve the appeal. There were no other speakers.
            The President declared the public hearing closed.
            HEARD AND FILED


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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - 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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim

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SPECIAL ORDER 3:30 P.M. - Recognition of Commendations


Privilege of the Floor
            Supervisor Christensen, seconded by Supervisor Farrell, moved to suspend Rule 5.36 of the Rules of
            Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion
            carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim
            SMALL BUSINESS WEEK
            Mark Dwight, President, Small Business Commission, shared in the commendations and provided
            opening remarks. Supervisors introduced, welcomed, and presented Certificates of Honor to
            individuals in recognition of Small Business Week, their accomplishments, and their continued
            community support as referenced below:

            Supervisor Christensen recognized Jay Esopenko and Melissa Gugni (Little Vine and Union
            Larder); and
            Supervisor Farrell recognized Gil Hodges (Liverpool Lil’s); and
            Supervisor Mar recognized Jamie Alexander and Derek Song (Park Life); and
            Supervisor Tang recognized Dimitri Vardakastanis (Noriega Produce); and
            Supervisor Wiener recognized Isabel Fondevila (Roxie Theatre); and
            Supervisor Yee recognized Matt Rogers (Papenhausen Hardware); and
            Supervisor Avalos recognized Thelma and Bayardo Orozco (Ana’s Market); and
            Supervisor Breed recognized Chuck and Amanda Nicklow (Costumes on Haight); and
            Supervisor Campos recognized Alba Guerra and Wilson Alvarez (Sunrise Restaurant); and
            Supervisor Cohen recognized Howard Hines and Maria Tan (Tiptoes Nails Spa); and
            Supervisor Campos, on behalf of Supervisor Kim, recognized Alejandra Perez (Un Cafecito).



ROLL CALL FOR INTRODUCTIONS
            See Legislation Introduced below.



PUBLIC COMMENT
            Christopher Dahl; expressed various concerns relating to sea level, automobiles, and Muni
            vehicles.
            John DiDonna; shared in poem certain concerns with the Board.
            Male Speaker; expressed various religious concerns.
            Thomas Gilberty; expressed various concerns relating to corporate buses, Muni vehicles, and
            taxis.
            Otto Duffy; expressed various concerns relating to north of Market housing.
            Jason Washington; expressed various concerns relating to African-American and LGBT
            communities and civil rights.
            Patricia Vaughy; expressed various concerns relating to the Municipal Transportation Agency.
            Walter Paulson; shared in song certain concerns with the Board.




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FOR ADOPTION WITHOUT COMMITTEE REFERENCE

150500 [Supporting California Assembly Bill 775 (Chiu and Burke) - The Reproductive
       Freedom, Accountability, Comprehensive Care, and Transparency Act]
            Sponsors: Cohen; Kim and Tang
            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.
            Supervisor Tang requested to be added as a co-sponsor.
            Resolution No. 189-15
            ADOPTED


150501 [Declaring CHEER San Francisco as the Official Cheerleaders of the City and
       County of San Francisco]
            Sponsors: Wiener; Farrell
            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.
            Supervisor Farrell requested to be added as a co-sponsor.
            Resolution No. 190-15
            ADOPTED


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.
            Resolution No. 191-15
            ADOPTED


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)
            Motion No. M15-085
            APPROVED


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)
            Motion No. M15-086
            APPROVED

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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: 10 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Mar, Tang, Wiener, Yee
                 Excused: 1 - Kim



IMPERATIVE AGENDA
            There were no imperative agenda items.



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.



Charter Amendment

150524 [Charter Amendment - Enhancement of Paid Parental Leave for City Employees]
            Sponsors: Tang; Christensen, Breed, Cohen, Kim, Wiener, Farrell, Avalos, Yee, Campos and
            Mar
            Charter Amendment (First Draft) to amend the Charter to allow City employees who qualify to take
            leave for the birth or placement of the same child to each receive the maximum amount of paid
            parental leave for which they qualify, and to permit City employees to retain 40 hours of accrued
            sick leave at the end of paid parental leave, at an election to be held on November 3, 2015.
            05/19/15; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/18/2015.




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Ordinances

150221 [Planning, Public Works Codes - Street Trees and Adoption of Associated Fees]
            Sponsors: Wiener; Christensen
            Ordinance amending the Planning and Public Works Codes to shift the authority to require street
            trees in the case of certain types of development projects from the Planning Department to Public
            Works; to require a permit to perform major maintenance on street trees within a specified
            distance of general advertising signs, adopt a fee for such permit, and impose penalties for
            violations; to require a tree protection plan in advance of construction and adopt a fee for review
            and approval of the plan; to give specified Public Works staff enforcement authority; and affirming
            the Planning Department’s determination under the California Environmental Quality Act, and
            making other findings including findings of consistency with the General Plan, and the eight priority
            policies of Planning Code, Section 101.1.
            03/03/15; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee.

            03/17/15; REFERRED TO DEPARTMENT.

            03/18/15; REFERRED TO DEPARTMENT.

            04/21/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.

            05/01/15; REFERRED TO DEPARTMENT.

            05/15/15; RESPONSE RECEIVED.

            05/19/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.



150243 [Administrative Code - Barring City Departments from Purchasing and City
       Contractors or Grantees from Selling or Distributing Sugar-Sweetened Beverages]
            Sponsors: Mar; Wiener, Cohen and Avalos
            Ordinance amending the Administrative Code to bar City departments from using City funds to
            purchase sugar-sweetened beverages and to bar the sale or distribution of sugar-sweetened
            beverages under City contracts and grants.
            03/10/15; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 4/9/2015.

            03/16/15; REFERRED TO DEPARTMENT.

            04/03/15; REFERRED TO DEPARTMENT.

            04/08/15; RESPONSE RECEIVED.

            05/04/15; TRANSFERRED to Land Use and Transportation Committee.

            05/19/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.




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150245 [Health Code - Sugar-Sweetened Beverage Warning for Advertisements]
            Sponsors: Wiener; Mar and Cohen
            Ordinance amending the Health Code to require advertisements for sugar-sweetened beverages
            to include a warning about the harmful health effects of consuming such beverages and
            authorizing the Director of Health to impose penalties for noncompliance.
            03/10/15; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 4/9/2015.

            03/16/15; REFERRED TO DEPARTMENT.

            04/03/15; REFERRED TO DEPARTMENT.

            04/08/15; RESPONSE RECEIVED.

            05/04/15; TRANSFERRED to Land Use and Transportation Committee.

            05/19/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.



150348 [Planning Code - Applying Inclusionary Housing Requirements to Group Housing]
            Sponsors: Avalos; Kim
            Ordinance amending the Planning Code to clarify that the Inclusionary Affordable Housing
            Program applies to housing projects, as defined, including group housing projects; affirming the
            Planning Department’s determination under the California Environmental Quality Act; and making
            findings, including findings of consistency with the General Plan, and the eight priority policies of
            Planning Code, Section 101.1.
            04/07/15; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/7/2015.

            04/15/15; REFERRED TO DEPARTMENT.

            04/27/15; RESPONSE RECEIVED.

            05/19/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.



150350 [Health, Public Works Codes - Mandatory Use of Alternate Water Supplies in New
       Construction]
            Sponsors: Wiener; Breed, Avalos and Christensen
            Ordinance amending Health Code, Article 12C, to require that new buildings of 250,000 square
            feet or more of gross floor area be constructed, operated, and maintained using available alternate
            water sources for toilet and urinal flushing and irrigation; that new buildings of 40,000 square feet
            or more of gross floor area prepare water budget calculations; and that subdivision approval
            requirements include compliance with Article 12C; amending the Public Works Code to provide
            that pipelines and other facilities constructed in accordance with Article 12C and located in public
            rights-of-way are subject to approval as minor encroachments and exempt from payment of public
            right-of-way occupancy assessment fees; and affirming the Planning Department’s determination
            under the California Environmental Quality Act.
            04/07/15; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/7/2015.

            04/15/15; REFERRED TO DEPARTMENT.

            04/27/15; RESPONSE RECEIVED.

            05/19/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.




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150461 [Zoning - Interim Moratorium on Certain New Residential Uses and Elimination of
       Production, Distribution, and Repair Uses in a Portion of the Mission Area Plan of
       the General Plan]
            Sponsors: Campos; Mar, Kim, Avalos and Yee
            Urgency Ordinance approving an interim zoning moratorium on the issuance of any permits to
            demolish, convert, or construct housing projects that result in the gain or loss of 5 or more
            residential units, or to demolish, convert, or eliminate Production, Distribution, and Repair (PDR),
            and to create an exception from the moratorium for the issuance of permits for 100% affordable
            housing projects, and to allow the elimination of PDR uses where necessary to permit 100%
            affordable housing projects, in a portion of the Mission Area Plan of the General Plan (comprising
            the area bounded by the north side of Cesar Chavez Street from the east side of Valencia Street to
            the west side of Potrero Avenue; the west side of Potrero Avenue from the north side of Cesar
            Chavez Street to the south side of 20th Street; the south side of 20th Street from the west side of
            Potrero Avenue to the west side of Bryant Street; the west side of Bryant Street from the south
            side of 20th Street to the south side of U.S. Route 101; the south side of U.S. Route 101 from the
            west side of Bryant Street to the east side of Valencia Street; the east side of Valencia Street from
            the south side of U.S. Route 101 to the north side of Cesar Chavez Street); affirming the Planning
            Department’s determination under the California Environmental Quality Act; and making findings
            of consistency with the eight priority policies of Planning Code, Section 101.1.
            05/05/15; ASSIGNED to Land Use and Transportation Committee.

            05/12/15; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee.

            05/14/15; REFERRED TO DEPARTMENT.

            05/19/15; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.

            05/19/15; SUBSTITUTED AND ASSIGNED to Board of Supervisors.



150515 [Memorandum of Understanding - Union of American Physicians and Dentists, Unit
       17]
            Sponsor: Mayor
            Ordinance adopting and implementing the Memorandum of Understanding between the City and
            County of San Francisco and Union of American Physicians and Dentists, Unit 17, to be effective
            July 1, 2015, through June 30, 2018.
            05/19/15; ASSIGNED to Government Audit and Oversight Committee.



150516 [Memorandum of Understanding - Union of American Physicians and Dentists, Unit
       18]
            Sponsor: Mayor
            Ordinance adopting and implementing the Memorandum of Understanding between the City and
            County of San Francisco and Union of American Physicians and Dentists, Unit 18, to be effective
            July 1, 2015, through June 30, 2018.
            05/19/15; ASSIGNED to Government Audit and Oversight Committee.



150517 [Memorandum of Understanding - Laborers International Union, Local 261]
            Sponsor: Mayor
            Ordinance adopting and implementing Amendment No. 1 to the 2014-2017 Memorandum of
            Understanding between the City and County of San Francisco and the Laborers International
            Union, Local 261, by implementing specified terms and conditions of employment for FYs
            2015-2016 and 2016-2017.
            05/19/15; ASSIGNED to Government Audit and Oversight Committee.


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150518 [Memorandum of Understanding - Service Employees International Union, Local
       1021: H-1 Fire Rescue Paramedics]
            Sponsor: Mayor
            Ordinance adopting and implementing Amendment No. 5 to the 2007-2015 Memorandum of
            Understanding between the City and County of San Francisco and Service Employees
            International Union, Local 1021: H-1 Fire Rescue Paramedics, by extending the term of the
            Memorandum of Understanding to June 30, 2018, and implementing specified terms and
            conditions of employment for FYs 2015-2016, 2016-2017, and 2017-2018.
            05/19/15; ASSIGNED to Government Audit and Oversight Committee.



150519 [Compensation for Unrepresented Employees]
            Sponsor: Mayor
            Ordinance fixing compensation for persons employed by the City and County of San Francisco
            whose compensations are subject to the provisions of Charter, Section A8.409, in job codes not
            represented by an employee organization, and establishing working schedules and conditions of
            employment and, methods of payment, effective July 1, 2015.
            05/19/15; ASSIGNED to Government Audit and Oversight Committee.



150525 [Subdivision Code - Below Market Rate Condominium Conversion Program
       Alternatives]
            Sponsor: Breed
            Ordinance amending the Subdivision Code to reauthorize an alternative to compliance with the
            Below Market Rate Condominium Conversion Program for certain qualifying projects subject to the
            Program.
            05/19/15; ASSIGNED to Land Use and Transportation Committee.



150526 [Amending Ordinance No. 28-15 - Inapplicability of Clean Construction Ordinance
       to Existing Contracts]
            Sponsor: Cohen
            Ordinance amending Ordinance No. 28-15, which requires a Construction Emissions Minimization
            Plan and monitoring for certain public works projects within an Air Pollutant Exposure Zone and
            establishes controls on emission-producing equipment used for public works projects outside of
            such zones, to clarify that Ordinance No. 28-15 does not apply to existing contracts and will apply
            only to construction contracts advertised or initiated on or after the effective date of this Ordinance.
            05/19/15; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 6/18/2015.



150527 [Administrative Code - Notice and Filing Period for an Application for Reduction of
       an Escape Tax Assessment]
            Sponsor: Cohen
            Ordinance amending the Administrative Code to require that an application for reduction of an
            escape tax assessment be filed with the Administrator of the Assessment Appeals Board no later
            than 60 days after the date of mailing printed on the tax bill or the postmark therefor, whichever is
            later.
            05/19/15; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 6/18/2015.




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150528 [Health Code - Animal Care and Control Adoption Fee Waiver]
            Sponsor: Tang
            Ordinance amending the Health Code to authorize the Animal Control Officer to waive adoption
            fees and other applicable charges upon finding that such a waiver will maintain or increase the live
            release rate.
            05/19/15; ASSIGNED to Budget and Finance Sub-Committee.




Resolutions

150529 [Appointment, Director of the San Francisco Bay Area Regional Water System
       Financing Authority - Harlan L. Kelly, Jr.]
            Sponsor: Mayor
            Resolution appointing Harlan L. Kelly, Jr., to an indefinite term as a Director of the San Francisco
            Bay Area Regional Water System Financing Authority.
            05/19/15; RECEIVED AND ASSIGNED to Rules Committee.



150530 [Accept and Expend Grant - Summer Jobs Connect Program - $600,000]
            Sponsor: Mayor
            Resolution retroactively authorizing the Department of Children, Youth and Their Families (DCYF)
            to accept and expend grant funding in the amount of $600,000 from the Cities for Financial
            Empowerment Fund for the Summer Jobs Connect Program to support 155 youth employment
            opportunities and increased banking access, and financial education for all youth in DCYF-funded
            summer workforce programs for the period April 1, 2015, through March 31, 2016.
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



150531 [Contracts - Oracle America, Inc., and Accenture, LLP - Controller’s Financial
       System Project - Not to Exceed $27,792,116 and $23,068,777]
            Sponsors: Mayor; Farrell
            Resolution authorizing the Office of the Controller to enter into two contracts: a software license
            and maintenance agreement with Oracle America, Inc., for a one-year term, with nine options to
            extend the contract for up to one year each, in an amount not to exceed $27,792,116; and a
            professional services agreement with Accenture, LLP, for a two-year term, with one option to
            extend the contract for up to one year, in an amount not to exceed $23,068,777; with both
            contracts to commence upon Board and Mayoral approval, to implement and configure a
            comprehensive, fully-integrated Enterprise Resource Planning System, including all services
            related to delivery, installation, integration, customization, data conversion, training,
            documentation, deployments, and project management, to replace the obsolete Financial
            Accounting and Management Information System currently in use.
            (Fiscal Impact)
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



150532 [Interim Zoning Controls - Conditional Use Requirement for Residential Mergers]
            Sponsor: Avalos
            Resolution imposing interim zoning controls to require conditional use authorization for any
            residential merger, including mergers of both legal and illegal existing units; and making
            environmental findings, including findings of consistency with the eight priority policies of Planning
            Code, Section 101.1.
            05/19/15; ASSIGNED to Land Use and Transportation Committee.

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150533 [California Enterprise Development Authority Revenue Obligations Issuance - Live
       Oak - Learning Center for Children - Not to Exceed $10,000,000]
            Sponsor: Cohen
            Resolution approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and
            Sale of Revenue Obligations by the California Enterprise Development Authority in an aggregate
            principal amount not to exceed $10,000,000 to finance or refinance the acquisition, construction,
            improvement, and/or equipping of K-8 educational facilities to be owned and operated by, or
            leased and operated by, Live Oak, a Learning Center for Children, a California nonprofit public
            benefit corporation.
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



150534 [Multifamily Housing Revenue Bonds - 2500 Arelious Walker Drive - Not to Exceed
       $33,000,000]
            Sponsor: Cohen
            Resolution declaring the intent of the City and County of San Francisco to reimburse certain
            expenditures from proceeds of future bonded indebtedness; authorizing the Director of the
            Mayor’s Office of Housing and Community Development (Director) to submit an application and
            related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the
            issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed
            $33,000,000 for 2500 Arelious Walker Drive; authorizing and directing the Controller’s Office to
            hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures;
            authorizing the Director to certify to CDLAC that the City has on deposit the required amount;
            authorizing the Director to pay an amount equal to such deposit to the State of California if the City
            fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal
            Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue
            bonds by the City in an aggregate principal amount not to exceed $33,000,000; authorizing and
            directing the execution of any documents necessary to implement this Resolution; and ratifying
            and approving any action heretofore taken in connection with the Project, as defined herein, and
            the Application, as defined herein.
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



150535 [Resolution of Intention - Dogpatch & Northwest Potrero Hill Green Benefit District]
            Sponsors: Cohen; Campos
            Resolution declaring the intention of the Board of Supervisors to establish a property-based
            business improvement district, to be known as the “Dogpatch & Northwest Potrero Hill Green
            Benefit District,” and levy a multi-year assessment on identified parcels in the district; approving
            the management district plan, engineer’s report, and proposed boundaries map for the district;
            ordering and setting a time and place for a public hearing thereon; approving the form of the
            Notice of Public Hearing and Assessment Ballots Proceeding, and Assessment Ballot; directing
            environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the
            public hearing and balloting as required by law.
            05/19/15; RECEIVED AND ASSIGNED to Land Use and Transportation Committee.



150536 [Accept and Expend Grant - Human Trafficking Advocacy Program - $110,276]
            Sponsor: Tang
            Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant
            in the amount of $110,276 from the California Governor’s Office of Emergency Services for the
            Human Trafficking Advocacy Program for the grant period October 1, 2014, through September
            30, 2015, to ensure human trafficking victims receive comprehensive victim services and to
            enhance the collaboration with the Mayor’s Task Force on Anti-Human Trafficking.
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.


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150537 [Accept In-Kind Gift - San Francisco Association of Realtors® - Online Content
       Subscription - $20,000 in Annual Value]
            Sponsor: Wiener
            Resolution authorizing the Office of Assessor-Recorder to accept an in-kind gift not to exceed
            $20,000 in annual value from the San Francisco Association of Realtors® to improve the accuracy
            of appraising and developing valuations for properties within the City and County of San
            Francisco.
            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



150538 [Recognizing and Supporting the First Annual National Gun Violence Awareness
       Day - June 2, 2015]
            Sponsors: Farrell; Cohen
            Resolution recognizing and supporting the First Annual National Gun Violence Awareness Day on
            June 2, 2015, to bring attention to the 88 Americans stolen by gun violence every day, and
            encouraging San Franciscans to wear orange to bring awareness to this epidemic.
            05/19/15; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD
            MEETING.




Request for Hearing

150523 [Hearing - Zoning - Interim Moratorium on Certain New Residential Uses and
       Elimination of Production, Distribution, and Repair Uses in a Portion of the Mission
       Area Plan of the General Plan]
            Hearing to consider an Urgency Ordinance approving an interim zoning moratorium on the
            issuance of any permits to demolish, convert, or construct housing projects that result in the gain
            or loss of 5 or more residential units, or to demolish, convert, or eliminate Production, Distribution,
            and Repair (PDR), and to create an exception from the moratorium for the issuance of permits for
            100% affordable housing projects, and to allow the elimination of PDR uses where necessary to
            permit 100% affordable housing projects, in a portion of the Mission Area Plan of the General Plan
            (comprising the area bounded by the north side of Cesar Chavez Street from the east side of
            Valencia Street to the west side of Potrero Avenue; the west side of Potrero Avenue from the north
            side of Cesar Chavez Street to the south side of 20th Street; the south side of 20th Street from the
            west side of Potrero Avenue to the west side of Bryant Street; the west side of Bryant Street from
            the south side of 20th Street to the south side of U.S. Route 101; the south side of U.S. Route 101
            from the west side of Bryant Street to the east side of Valencia Street; the east side of Valencia
            Street from the south side of U.S. Route 101 to the north side of Cesar Chavez Street); affirming
            the Planning Department’s determination under the California Environmental Quality Act; and
            making findings of consistency with the eight priority policies of Planning Code, Section 101.1.
            (Clerk of the Board)
            05/19/15; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.




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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 Parks, City and County of San Francisco. (City Attorney)
            05/07/15; RECEIVED FROM DEPARTMENT.

            05/19/15; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.




PROPOSED RESOLUTIONS

150483 [Host Site Agreement - 2020 PGA Championship - PGA Tournament Corporation,
       Inc. - Minimum Site Fee of Not Less Than $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)
            (Fiscal Impact)
            05/08/15; RECEIVED FROM DEPARTMENT.

            05/19/15; RECEIVED AND ASSIGNED to 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)
            05/11/15; RECEIVED FROM DEPARTMENT.

            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.



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)
            05/11/15; RECEIVED FROM DEPARTMENT.

            05/19/15; RECEIVED AND ASSIGNED to Budget and Finance Committee.


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ADJOURNMENT
            There being no further business, the Board adjourned at the hour of 5:26 p.m.


            N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the
            matters stated, but not necessarily the chronological sequence in which the matters were taken
            up.

            Approved by the Board of Supervisors on July 7, 2015.




                                                              Angela Calvillo, Clerk of the Board




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