# Board of Supervisors Minutes: September 29, 2015

- Meeting date: 2015-09-29
- Document type: minutes
- Pages in official PDF: 29
- [Canonical HTML transcript](https://sfbos.info/documents/298/2015-09-29-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=435435&GUID=5719075F-755C-4890-9212-B847B10D4DD6)

> This text was extracted for search and accessibility. The linked City PDF is the authoritative public record.

## Structured legislative records

### File 150646: Administrative Code - Amendments to Residential Rent Stabilization and Arbitration Ordinance

- Pages: 7-8
- Vote 1: final-passage, likely final
  - Action: the notice to vacate is the dominant motive for recovering possession. Supervisor Wiener requested the Ordinance be DUPLICATED. Supervisor Wiener, seconded by Supervisor Tang, moved that the original Ordinance be AMENDED by striking Page 8, Line 9, through Page 9, Line 19. Supervisor Wiener, seconded by Supervisor Tang, moved that the duplicate Ordinance be AMENDED by striking all language, except for Page 8, Line 9, through Page 9, Line 19. Before the roll was called on the two motions to amend the original and duplicate Ordinances, Supervisor Cohen requested these matters be continued to later in the meeting. These matters were again called for consideration at 2:29 p.m. Supervisor Wiener moved to withdraw his motions to amend the original Ordinance and amend the duplicate Ordinance. The motion carried without objection. Supervisor Wiener rescinded his request to duplicate the Ordinance. Supervisor Wiener requested the question be DIVIDED to consider separately Page 8, Line 9, through Page 9, Line 19, regarding the maximum number of roommates permitted. The balance of the Ordinance, without the divided portion of the question, was FINALLY PASSED AS DIVIDED by the following vote:
  - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
- Vote 2: final-passage, likely final
  - Action: Ordinance No. 171-15 The divided portion of the question relating to the maximum number of roommates permitted was FINALLY PASSED by the following vote:
  - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Kim, Mar
  - Noes: Farrell, Tang, Wiener, Yee

### File 150794: Accept and Expend Gift - Estate of Nguey Woo - Police Department - $54,972.09

- Pages: 8
- Vote 1: adoption, likely final
  - Action: 150794 [Accept and Expend Gift - Estate of Nguey Woo - Police Department - $54,972.09] Sponsors: Mayor; Farrell Resolution authorizing the San Francisco Police Department to accept and expend a donation of $54,972.09 pursuant to the order of final distribution of the estate of Nguey Woo. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 351-15 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

### File 150833: Consent to Assignment Agreement - MHW Americas, Inc. - Planning and Engineering Services - Proposed Wastewater Enterprise Central Bayside System Improvement Project

- Pages: 8
- Vote 1: adoption, likely final
  - Action: 150833 [Consent to Assignment Agreement - MHW Americas, Inc. - Planning and Engineering Services - Proposed Wastewater Enterprise Central Bayside System Improvement Project] Resolution approving the terms and conditions of the Consent to Assignment Agreement for existing San Francisco Public Utilities Commission (SFPUC) Agreement No. CS-169, for planning and engineering services for the proposed Wastewater Enterprise Central Bayside System Improvement Project with assignee MWH Americas, Inc., and authorizing the SFPUC General Manager to execute a Consent to Assignment Agreement pursuant to Charter, Section 9.118. (Public Utilities Commission) Resolution No. 353-15 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

### File 150876: Multifamily Housing Revenue Note - 491-31st Avenue - Not to Exceed $16,227,000

- Pages: 8-9
- Vote 1: continuance
  - Action: 16,227,000] Sponsors: Mayor; Mar and Farrell Resolution authorizing the execution and delivery of a multifamily housing revenue note in an aggregate principal amount not to exceed $16,227,000 for the purpose of providing financing for the acquisition and rehabilitation of a 75-unit multifamily rental housing project located at 491-31st Avenue; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the note and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the forms of and authorizing the execution of certain loan documents; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the note and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. Supervisor Christensen, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 6, 2015. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

## Extracted text

### [Page 7](https://sfbos.info/documents/298/2015-09-29-minutes#page-7)

Board of Supervisors                              Meeting Minutes                                                9/29/2015



150646 [Administrative Code - Amendments to Residential Rent Stabilization and
       Arbitration Ordinance]
            Sponsors: Kim, Campos, Mar and Avalos
            Ordinance amending the Administrative Code to: 1) prohibit, with certain exceptions, rent
            increases based on the addition of occupants even where a pre-existing rental agreement or lease
            permits such an increase; 2) prevent evictions based on the addition of occupants if the landlord
            has unreasonably refused the tenant’s written request, including a refusal based on the amount of
            occupants allowed by the rental agreement or lease; 3) require landlords, after certain vacancies,
            to set the new base rent, for the next five years, as the lawful rent in effect at the time of the
            vacancy; 4) require that there be a substantial violation of a lawful obligation or covenant of
            tenancy as a basis for the recovery of possession; 5) require a landlord, prior to seeking recovery
            of possession, to provide tenants an opportunity to cure the unauthorized addition of the tenant’s
            family members to the tenant’s unit; 6) require that if a landlord seeks to recover possession
            based on a nuisance, substantial damage, or substantial interference with comfort, safety or
            enjoyment, the nuisance, substantial damage, or substantial interference be severe, continuing or
            recurring in nature; 7) prevent a landlord from seeking recovery of possession solely because the
            tenant is occupying a unit not authorized for residency; 8) require landlords to state in notices to
            vacate for certain good cause evictions the lawful rent for the unit at the time the notice is served;
            9) require the Rent Board to prepare a form in English, Chinese, Spanish, Vietnamese, Tagalog,
            and Russian stating that a notice to vacate may lead to a lawsuit to evict and stating that advice
            regarding notices to vacate is available from the Rent Board; 10) require landlords to attach a copy
            of the Rent Board form in the primary language of the tenant to each notice to vacate; and 11)
            require landlords to plead and prove in any action to recover possession that at least one of the
            grounds of Administrative Code, Section 37.9(a)-(b) stated in the notice to vacate is the dominant
            motive for recovering possession.
            Supervisor Wiener requested the Ordinance be DUPLICATED.

            Supervisor Wiener, seconded by Supervisor Tang, moved that the original Ordinance be
            AMENDED by striking Page 8, Line 9, through Page 9, Line 19.

            Supervisor Wiener, seconded by Supervisor Tang, moved that the duplicate Ordinance be
            AMENDED by striking all language, except for Page 8, Line 9, through Page 9, Line 19.

            Before the roll was called on the two motions to amend the original and duplicate Ordinances,
            Supervisor Cohen requested these matters be continued to later in the meeting.

            These matters were again called for consideration at 2:29 p.m.

            Supervisor Wiener moved to withdraw his motions to amend the original Ordinance and amend
            the duplicate Ordinance. The motion carried without objection.

            Supervisor Wiener rescinded his request to duplicate the Ordinance.
            Supervisor Wiener requested the question be DIVIDED to consider separately Page 8, Line 9, through
            Page 9, Line 19, regarding the maximum number of roommates permitted.

            The balance of the Ordinance, without the divided portion of the question, was FINALLY PASSED AS
            DIVIDED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
            Ordinance No. 171-15
            The divided portion of the question relating to the maximum number of roommates permitted was
            FINALLY PASSED by the following vote:
                 Ayes: 7 - Avalos, Breed, Campos, Christensen, Cohen, Kim, Mar
                 Noes: 4 - Farrell, Tang, Wiener, Yee

City and County of San Francisco                        Page 658                               Printed at 2:44 pm on 11/6/15

### [Page 8](https://sfbos.info/documents/298/2015-09-29-minutes#page-8)

Board of Supervisors                              Meeting Minutes                                                9/29/2015

            Upon passage of both the remaining balance of the Ordinance and the divided portion, the
            Ordinance was finally passed as a whole.



NEW BUSINESS


Recommendations of the Budget and Finance Committee

150794 [Accept and Expend Gift - Estate of Nguey Woo - Police Department - $54,972.09]
            Sponsors: Mayor; Farrell
            Resolution authorizing the San Francisco Police Department to accept and expend a donation of
            $54,972.09 pursuant to the order of final distribution of the estate of Nguey Woo.
            Supervisor Farrell requested to be added as a co-sponsor.
            Resolution No. 351-15
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee


150833 [Consent to Assignment Agreement - MHW Americas, Inc. - Planning and
       Engineering Services - Proposed Wastewater Enterprise Central Bayside System
       Improvement Project]
            Resolution approving the terms and conditions of the Consent to Assignment Agreement for
            existing San Francisco Public Utilities Commission (SFPUC) Agreement No. CS-169, for planning
            and engineering services for the proposed Wastewater Enterprise Central Bayside System
            Improvement Project with assignee MWH Americas, Inc., and authorizing the SFPUC General
            Manager to execute a Consent to Assignment Agreement pursuant to Charter, Section 9.118.
            (Public Utilities Commission)
            Resolution No. 353-15
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee


150876 [Multifamily Housing Revenue Note - 491-31st Avenue - Not to Exceed $16,227,000]
            Sponsors: Mayor; Mar and Farrell
            Resolution authorizing the execution and delivery of a multifamily housing revenue note in an
            aggregate principal amount not to exceed $16,227,000 for the purpose of providing financing for
            the acquisition and rehabilitation of a 75-unit multifamily rental housing project located at 491-31st
            Avenue; approving the form of and authorizing the execution of a funding loan agreement
            providing the terms and conditions of the note and authorizing the execution and delivery thereof;
            approving the form of and authorizing the execution of a regulatory agreement and declaration of
            restrictive covenants; approving the forms of and authorizing the execution of certain loan
            documents; authorizing the collection of certain fees; ratifying and approving any action heretofore
            taken in connection with the note and the project, as defined herein; granting general authority to
            City officials to take actions necessary to implement this Resolution; and related matters.
            Supervisor Christensen, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED
            to the Board of Supervisors meeting of October 6, 2015. The motion carried by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee



City and County of San Francisco                         Page 659                              Printed at 2:44 pm on 11/6/15
