# Board of Supervisors Minutes: December 8, 2015

- Meeting date: 2015-12-08
- Document type: minutes
- Source format: PDF
- Extracted pages: 37
- [Canonical HTML transcript](https://sfbos.info/documents/312/2015-12-08-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=447754&GUID=7C8F0328-D0EE-4556-86AA-3F217CFCF363)

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

## Structured legislative records

### File 150995: Administrative Code - Establishing Mission Bay Transportation Improvement Fund, and Advisory Committee

- Pages: 26-27
- Sponsors: Mayor; Kim, Farrell, Tang, Mar, Wiener, Campos, Cohen, Yee and Breed
- Vote 1: amendment
  - Action: tablishing Mission Bay Transportation Improvement Fund, and Advisory Committee] Sponsors: Mayor; Kim, Farrell, Tang, Mar, Wiener, Campos, Cohen, Yee and Breed Ordinance amending the Administrative Code to establish a fund to pay for City services and capital improvements addressing transportation and other needs of the community in connection with events at the Golden State Warriors Event Center and Mixed Use Project; create an advisory committee to make recommendations about the use of monies from the fund; and adopting findings under the California Environmental Quality Act. (Fiscal Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise ‘Section 1. Environmental Findings’ to reference and incorporate the accepted findings in File No. 151205 and its supporting documents; and require the District 6 Supervisor's appointment to Seat 5 on the Mission Bay Transportation Improvement Fund Advisory Committee live within a half mile of the Event Center. The motion carried by the following vote:
  - Ayes: Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Noes: Avalos
  - Excused: Peskin
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Noes: Avalos
  - Excused: Peskin

### File 150996: Golden State Warriors Event Center at Mission Bay - Delegation of Public Improvement Approvals and Other Actions

- Pages: 27
- Sponsors: Mayor; Farrell
- Vote 1: amendment
  - Action: 150996 [Golden State Warriors Event Center at Mission Bay - Delegation of Public Improvement Approvals and Other Actions] Sponsors: Mayor; Farrell Ordinance delegating to the Director of Public Works the authority to accept required public improvements related to the development of the Golden State Warriors Event Center and Mixed-Use Development pursuant to the Mission Bay South Redevelopment Plan; authorizing the Director of the Real Estate Division to accept any future easements, licenses, or grant deeds related to the development project, including a public sidewalk easement and grant deeds for property underlying public improvements; and adopting findings pursuant to the California Environmental Quality Act. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise ‘Section 1. Environmental Findings’ to reference and incorporate the accepted findings in File No. 151205. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Peskin
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Peskin

### File 150997: Golden State Warriors Event Center at Mission Bay - Street and Easement Vacations

- Pages: 27-28
- Sponsors: Mayor
- Vote 1: amendment
  - Action: r the vacated easements and vacation area; providing license agreement(s), including if appropriate, a retroactive extension of the previously executed agreement, for the public’s use of the temporary Terry A. Francois Boulevard Connector Road; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the Mission Bay South Redevelopment Plan, the General Plan, and the eight priority policies of Planning Code, Section 101.1, for the actions contemplated in this Ordinance. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise ‘Section 1. Environmental Findings’ to reference and incorporate the accepted findings in File No. 151205; add a finding acknowledging the San Francisco Public Utilities Commission (SFPUC) determination that the public utility easements were surplus and unnecessary for public utility purposes; and delete the provision conditioning the street vacations on that SFPUC determination. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Peskin
- Vote 2: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Peskin

### File 150985: Settlement of Lawsuit - John Russo Industrial Sheetmetal, Inc., dba JRI, Inc. - $2,100,000

- Pages: 28
- Vote 1: first-reading
  - Action: 150985 [Settlement of Lawsuit - John Russo Industrial Sheetmetal, Inc., dba JRI, Inc. - $2,100,000] Ordinance authorizing settlement of the lawsuit filed by John Russo Industrial Sheetmetal, Inc., a California corporation, dba JRI, Inc. (“JRI”) against the City and County of San Francisco for $2,100,000 and other material terms; the lawsuit was filed on June 17, 2010, in Alameda County Superior Court Case No. HG10520625, entitled JRI, Inc. v. City and County of San Francisco, et al., related to the contract for the manufacture and delivery of two Aircraft Rescue Fire Fighting vehicles for use at San Francisco International Airport (“Airport”); other material terms of said settlement include that the City will convert the prior termination of JRI’s contract for default to a termination for convenience; for five years, JRI will not bid on any Airport contracts, including as a subcontractor, or challenge any Airport procurements; and the parties mutually release all claims relating to the contract or the lawsuit. (City Attorney) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin

### File 151163: Settlement of Lawsuit - New Cingular Wireless, LLC, Donald Sipple, John Simon, Kark Simonsen, and Christopher Jacobs - $3,038,832

- Pages: 28
- Vote 1: first-reading
  - Action: 151163 [Settlement of Lawsuit - New Cingular Wireless, LLC, Donald Sipple, John Simon, Kark Simonsen, and Christopher Jacobs - $3,038,832] Ordinance authorizing settlement of the lawsuit filed by New Cingular Wireless, LLC, Donald Sipple, John Simon, Karl Simonsen, and Christopher Jacobs against the City and County of San Francisco for $3,038,832; the lawsuit was filed on May 27, 2011, in Los Angeles Superior Court, Case No. BC462270; entitled Donald Sipple, et al. v. City Of Alameda, et al.; other material terms of said settlement are dismissal of the cross-complaint filed by the City and County of San Francisco against New Cingular Wireless, LLC, and AT&T Mobility, LLC. (City Attorney) PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin

### File 151065: Mills Act Historical Property Contract - 722 Steiner Street

- Pages: 28-29
- Sponsors: Breed
- Vote 1: adoption, likely final
  - Action: 151065 [Mills Act Historical Property Contract - 722 Steiner Street] Sponsor: Breed Resolution approving a Mills Act historical property contract between The Trust of Côme Lague and Charlene Li, the owners of 722 Steiner Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor to execute the historical property contract. Resolution No. 500-15 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin

## Extracted text

### [Page 27](https://sfbos.info/documents/312/2015-12-08-minutes#page-27)

Board of Supervisors                             Meeting Minutes                                               12/8/2015



150996 [Golden State Warriors Event Center at Mission Bay - Delegation of Public
       Improvement Approvals and Other Actions]
            Sponsors: Mayor; Farrell
            Ordinance delegating to the Director of Public Works the authority to accept required public
            improvements related to the development of the Golden State Warriors Event Center and
            Mixed-Use Development pursuant to the Mission Bay South Redevelopment Plan; authorizing the
            Director of the Real Estate Division to accept any future easements, licenses, or grant deeds
            related to the development project, including a public sidewalk easement and grant deeds for
            property underlying public improvements; and adopting findings pursuant to the California
            Environmental Quality Act.
            Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who
            responded to questions raised throughout the discussion.
            Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise
            ‘Section 1. Environmental Findings’ to reference and incorporate the accepted findings in File No.
            151205. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Peskin
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Peskin


150997 [Golden State Warriors Event Center at Mission Bay - Street and Easement
       Vacations]
            Sponsor: Mayor
            Ordinance ordering the summary vacation of four easements for water line, sanitary sewer, and/or
            storm water purposes and two offers of dedication within portions of Assessor’s Block No. 8722,
            Lot Nos. 1 and 8 within the Mission Bay South Redevelopment Plan Area for the Golden State
            Warriors Event Center and Mixed-Use Development at Mission Bay South Blocks 29-32;
            authorizing a termination and quitclaim of the easements and other City and County of San
            Francisco rights and interest in the vacated areas; authorizing the General Manager of the Public
            Utilities Commission and the Director of Property to execute the quitclaim deeds for the vacated
            easements and vacation area; providing license agreement(s), including if appropriate, a
            retroactive extension of the previously executed agreement, for the public’s use of the temporary
            Terry A. Francois Boulevard Connector Road; adopting findings pursuant to the California
            Environmental Quality Act; and making findings of consistency with the Mission Bay South
            Redevelopment Plan, the General Plan, and the eight priority policies of Planning Code, Section
            101.1, for the actions contemplated in this Ordinance.
            Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who
            responded to questions raised throughout the discussion.
            Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise
            ‘Section 1. Environmental Findings’ to reference and incorporate the accepted findings in File No.
            151205; add a finding acknowledging the San Francisco Public Utilities Commission (SFPUC)
            determination that the public utility easements were surplus and unnecessary for public utility
            purposes; and delete the provision conditioning the street vacations on that SFPUC determination.
            The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Peskin
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Peskin

City and County of San Francisco                       Page 876                              Printed at 4:03 pm on 1/29/16

### [Page 28](https://sfbos.info/documents/312/2015-12-08-minutes#page-28)

Board of Supervisors                              Meeting Minutes                                                12/8/2015




COMMITTEE REPORTS


Recommendations from the Government Audit and Oversight Committee
            File Nos. 150985 and 151163 were called together.


150985 [Settlement of Lawsuit - John Russo Industrial Sheetmetal, Inc., dba JRI, Inc. -
       $2,100,000]
            Ordinance authorizing settlement of the lawsuit filed by John Russo Industrial Sheetmetal, Inc., a
            California corporation, dba JRI, Inc. (“JRI”) against the City and County of San Francisco for
            $2,100,000 and other material terms; the lawsuit was filed on June 17, 2010, in Alameda County
            Superior Court Case No. HG10520625, entitled JRI, Inc. v. City and County of San Francisco, et
            al., related to the contract for the manufacture and delivery of two Aircraft Rescue Fire Fighting
            vehicles for use at San Francisco International Airport (“Airport”); other material terms of said
            settlement include that the City will convert the prior termination of JRI’s contract for default to a
            termination for convenience; for five years, JRI will not bid on any Airport contracts, including as a
            subcontractor, or challenge any Airport procurements; and the parties mutually release all claims
            relating to the contract or the lawsuit. (City Attorney)
            PASSED, ON FIRST READING by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin


151163 [Settlement of Lawsuit - New Cingular Wireless, LLC, Donald Sipple, John Simon,
       Kark Simonsen, and Christopher Jacobs - $3,038,832]
            Ordinance authorizing settlement of the lawsuit filed by New Cingular Wireless, LLC, Donald
            Sipple, John Simon, Karl Simonsen, and Christopher Jacobs against the City and County of San
            Francisco for $3,038,832; the lawsuit was filed on May 27, 2011, in Los Angeles Superior Court,
            Case No. BC462270; entitled Donald Sipple, et al. v. City Of Alameda, et al.; other material terms
            of said settlement are dismissal of the cross-complaint filed by the City and County of San
            Francisco against New Cingular Wireless, LLC, and AT&T Mobility, LLC. (City Attorney)
            PASSED, ON FIRST READING by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin


            File Nos. 151065, 151066, and 151067 were called together.


151065 [Mills Act Historical Property Contract - 722 Steiner Street]
            Sponsor: Breed
            Resolution approving a Mills Act historical property contract between The Trust of Côme Lague
            and Charlene Li, the owners of 722 Steiner Street, and the City and County of San Francisco,
            under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor to
            execute the historical property contract.
            Resolution No. 500-15
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee, Peskin




City and County of San Francisco                         Page 877                              Printed at 4:03 pm on 1/29/16
