# Board of Supervisors Agenda: March 22, 2016 - Meeting date: 2016-03-22 - Document type: agenda - Pages in official PDF: 18 - [Canonical HTML transcript](https://sfbos.info/documents/331/2016-03-22-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=466544&GUID=712F49B8-13C3-4462-A756-DE7DA1FCC59B) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Extracted text ### [Page 1](https://sfbos.info/documents/331/2016-03-22-agenda#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO AGENDA Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Tuesday, March 22, 2016 - 2:00 PM Regular Meeting LONDON BREED, PRESIDENT JOHN AVALOS, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, AARON PESKIN, KATY TANG, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board Agendas of the Board of Supervisors are available on the internet at www.sfbos.org BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Farrell, Tang, Yee, Kim, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Farrell, Tang, Yee 10:00 AM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Peskin, Yee, Breed 10:00 AM Land Use and Transportation Committee Monday Supervisors Cohen, Wiener, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd Thursday Supervisors Kim, Avalos, Campos 2:30 PM Rules Committee 2nd and 4th Thursday Supervisors Tang, Mar, Cohen 11:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/331/2016-03-22-agenda#page-2) Agenda Item Information Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget and Legislative Analyst report 3) Department or Agency cover letter and/or report 4) Public correspondence These items will be available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk. Meeting Procedures The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several standing committees where ordinances and resolutions are the subject of hearings at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the meeting room. Each member of the public will be allotted the same maximum number of minutes to speak as set by the President or Chair at the beginning of each item or public comment, excluding City representatives, except that public speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting interpretation assistance. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Written communications expected to be made a part of the official file should be submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to the Clerk of the Board or Clerk of the Committee at the hearing and you are encouraged to bring enough copies for distribution to all of its members. LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490 to coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior to the meeting to test their presentations on the computer. AGENDA PACKET: Available for review in the Office of the Clerk of the Board, City Hall, 1 Dr.Carlton B Goodlett Place, Room 244, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188. LANGUAGE INTERPRETERS: Language services are available in Spanish and Chinese at all regular and special Board meetings, excluding Committee meetings. Currently, Filipino is available upon request if made at least 48 hours in advance of the meeting to help ensure availability. Additionally, requests for Board Committee meetings must be received at least 48 hours in advance of the meeting to help ensure availability. For more information or to request services: Contact Peggy Nevin at (415) 554-5184. 所有常規及特別市參事委員會會議（Board meetings）除委員會會議（Committee meetings）之外，將予以 提供西班牙文及中文的語言服務。 目前，菲律賓文將根據所收到的請求予以提供，但須在會議前最 少48小時作出請求，旨在確保服務屆時可予以提供。 另外，向市參事委員會會議請求有關服務亦須預先 在會議前最少48小時作出，也將有助於確保服務屆時可予以提供。 更多資訊或請求有關服務， 請致電 (415) 554-7719聯絡Linda Wong。 ### [Page 3](https://sfbos.info/documents/331/2016-03-22-agenda#page-3) AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español y en chino en todas las reuniones regulares y reuniones especiales de la Junta, excluyendo las reuniones de los Comités. Actualmente, el idioma Filipino está disponible de ser requerido si se solicita por lo menos 48 horas antes de la reunión para ayudar a garantizar su disponibilidad. Adicionalmente, las solicitudes para las Reuniones de los Comités de la Junta deben ser recibidas por lo menos 48 horas antes de la reunión con el fin de ayudar a garantizar su disponibilidad. Para más información o solicitar servicios, por favor contactar a Derek Evans (415) 554-7702. PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol at Intsik para sa lahat ng mga regular at espesyal na pulong ng Board, pero wala para sa pulong ng mga Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa wikang Filipino na maaaring i-request sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak na matutugunan and inyong kahilingan. Dagdag pa, ang mga request para sa pulong ng Komite ng Board ay kailangang matanggap sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak ang pagkakaroon nito. Para sa karagdagang impormasyon o para mag-request ng serbisyo pang-wika, tawagan lamang ang (415) 554-5184. Disability Access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government Channel 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information about MUNI accessible services, call (415) 701-4485. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under The Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by printing the San Francisco Administrative Code, Chapter 67, on the Internet at http://www.sfbos.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics ### [Page 4](https://sfbos.info/documents/331/2016-03-22-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 ROLL CALL AND PLEDGE OF ALLEGIANCE COMMUNICATIONS AGENDA CHANGES REGULAR AGENDA UNFINISHED BUSINESS Vetoed by the Mayor Consideration of the Mayor's veto pursuant to Charter, Section 2.106, of an Ordinance amending the Planning Code to increase the Transportation Sustainability Fee for Non-residential projects. 1. 151257 [Planning Code - Increasing Transportation Sustainability Fee for Non-residential Projects] Sponsors: Avalos; Campos and Mar Ordinance amending the Planning Code to increase the Transportation Sustainability Fee for Non-residential projects larger than 99,999 gross square feet, and to require Non-residential or Production, Distribution and Repair (PDR) projects that filed development or environmental applications on or before July 21, 2015, but that have not yet received approvals, to pay the Transportation Sustainability Fee with a partial refund; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 12/08/2015; DUPLICATED. 12/08/2015; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 12/08/2015; RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. 02/23/2016; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 02/23/2016; PASSED ON FIRST READING AS AMENDED. 03/01/2016; FINALLY PASSED. Question: Shall this Ordinance be FINALLY PASSED? (NOTE: This action requires a two-thirds vote. The Board may not amend the Ordinance and may only vote in favor or in opposition to the veto override. The Board of Supervisors must act on the veto override within 30 days from the date of the veto. The Mayor vetoed the Ordinance on March 11, 2016; therefore, the Board will lose the ability to override the veto unless it votes on the veto override on or before April 10, 2016.) City and County of San Francisco Page 4 Printed at 4:31 pm on 3/17/16 ### [Page 5](https://sfbos.info/documents/331/2016-03-22-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 Recommendation of the Budget and Finance Sub-Committee Present: Supervisors Farrell, Tang, Yee 2. 160043 [No Competitive Solicitation Process - Selection of Preferred Contractor - Regents of the University of California - Modern Electronic Health Record System] Ordinance providing that the competitive solicitation process requirement in Administrative Code, Section 21.1, shall not apply to the Department of Public Health’s (DPH) contract for a modern, secure, and fully integrated electronic health record (EHR) system for the San Francisco Health Network to replace DPH’s current system; ratifying the selection of the Regents of the University of California (UC), by and through the University of California San Francisco, as the preferred contractor. (Public Health Department) (Fiscal Impact) 03/15/2016; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Referred Without Recommendations from the Budget and Finance Committee Present: Supervisors Farrell, Tang, Yee, Kim, Wiener 3. 151178 [Appropriation - General Fund Reserve - Facilities Improvements in the Recreation and Park Department - $2,500,000 - FY2015-2016] Sponsor: Avalos Ordinance appropriating $2,500,000 from the General Fund Reserve to the Recreation and Park Department for facilities improvements in the Geneva Car Barn in FY2015-2016. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 5 Printed at 4:31 pm on 3/17/16 ### [Page 6](https://sfbos.info/documents/331/2016-03-22-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 Present: Supervisors Tang, Yee, Kim, Wiener 4. 160116 [Administrative Code - Establishing a San Francisco Super Bowl 50 Impact Fund] Sponsors: Peskin; Kim Ordinance amending the Administrative Code to establish a San Francisco Super Bowl 50 Impact Fund to be used to provide financial support to small businesses specifically impacted by Super Bowl-related events. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? 5. 160117 [Appropriation - Funding for the Super Bowl 50 Impact Fund - $100,000 - FY2015-2016] Sponsors: Peskin; Kim Ordinance appropriating $100,000 from the General Reserve to fund the Super Bowl 50 Impact Fund in FY2015-2016. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Budget and Finance Committee Present: Supervisors Farrell, Tang, Yee, Wiener 6. 160195 [Appropriation - Proceeds from Road Repaving and Street Safety General Obligation Bonds of $44,145,000 and Bond Interests of $2,317,851 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $46,462,851 consisting of $44,145,000 of the 2016E Series Road Repaving and Street Safety (RRSS) 2011 General Obligation Bond Proceeds and $2,317,851 of accumulated bond interest earnings to the Department of Public Works and Municipal Transportation Agency for street resurfacing, the redesign of streetscapes to include pedestrian and bicycle safety improvements, and traffic signal improvements to support transit priority in FY2015-2016 and placing these funds on Controller’s Reserve pending the sale of the bonds and review of arbitrage costs. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 6 Printed at 4:31 pm on 3/17/16 ### [Page 7](https://sfbos.info/documents/331/2016-03-22-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 7. 160196 [Appropriation - Proceeds from General Obligation Bonds and Bond Proceed Interest Earnings - $29,673,553 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $29,673,553 consisting of $25,215,000 of the 2016 Series Earthquake Safety and Emergency Response (ESER 2010) General Obligation Bond Proceeds, and $4,458,553 accumulated bond interest to Public Works in FY2015-2016 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster and placing these funds on Controller’s Reserve pending the sale of the bonds and review of arbitrage costs. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? 8. 160197 [Appropriation - Proceeds from Earthquake Safety and Emergency Response General Obligation Bonds - $111,060,000 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $111,060,000 of the 2016 Series Earthquake Safety and Emergency Response (ESER 2014) General Obligation Bond Proceeds to the Department of Public Works in FY2015-2016 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? 9. 160200 [Sale of General Obligation Bonds - Earthquake Safety and Emergency Response Bonds - Not to Exceed $25,215,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $25,215,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Earthquake Safety and Emergency Response Bonds, 2010), Series 2016C; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 4:31 pm on 3/17/16 ### [Page 8](https://sfbos.info/documents/331/2016-03-22-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 10. 160201 [Sale of General Obligation Bonds - Earthquake Safety and Emergency Response Bonds - Not to Exceed $111,060,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $111,060,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Earthquake Safety and Emergency Response Bonds, 2014), Series 2016D; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 11. 160202 [Sale of General Obligation Bonds - Road Repaving and Street Safety Bonds - Not to Exceed $44,145,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $44,145,000 aggregate principal amount of General Obligation Bonds (Road Repaving and Street Safety Bonds, 2011), Series 2016E; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 8 Printed at 4:31 pm on 3/17/16 ### [Page 9](https://sfbos.info/documents/331/2016-03-22-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 Recommendations of the Budget and Finance Sub-Committee Present: Supervisors Farrell, Tang, Yee 12. 160076 [Accept and Expend Grant - California Department of Education - State Preschool Quality Rating and Improvement System - $2,590,895 - FY2015-2016] Sponsor: Yee Resolution retroactively authorizing the Children and Families Commission to accept and expend a grant in the amount of $2,590,895 from the California Department of Education through the San Francisco Unified School District to support a State Preschool Quality Rating and Improvement System for the term of July 1, 2015, through June 30, 2016. Question: Shall this Resolution be ADOPTED? 13. 160097 [Software License and Support Agreement Amendment - Oracle America, Inc. - Emerge Project - Maximum Expenditure of $14,287,737] Resolution authorizing the Controller to enter into the Tenth Amendment of a software license and support agreement with Oracle America, Inc., for perpetual software licenses and software support services for the Controller’s Emerge Project, extending the contract term of November 16, 2007, through April 22, 2016, by five years through April 22, 2021, and increasing the maximum expenditure by $4,300,892 to $14,287,737. (Controller) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? Recommendations of the Government Audit and Oversight Committee Present: Supervisors Yee, Breed 14. 160023 [Administrative Code - San Francisco Homicide Reward Fund] Sponsors: Breed; Cohen, Yee and Peskin Ordinance amending the Administrative Code to establish the San Francisco Homicide Reward Fund. Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 9 Printed at 4:31 pm on 3/17/16 ### [Page 10](https://sfbos.info/documents/331/2016-03-22-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 Present: Supervisors Peskin, Yee, Breed 15. 160103 [Public Works Code - Clarifying Graffiti Prohibition and Establishing Administrative Penalties] Sponsors: Peskin; Breed Ordinance amending the Public Works Code to clarify that prohibited graffiti extends to all public property, including all City assets; establish expedited notice and hearing procedures, create administrative penalties for an offending party, and renumber code sections; and affirming the Planning Department’s determination under the California Environmental Quality Act. Question: Shall this Ordinance be PASSED ON FIRST READING? 16. 160160 [Noe Valley Community Benefit District - Annual Reports to the City - FY2014-2015] Sponsor: Wiener Resolution receiving and approving annual report for the Noe Valley Community Benefit District for FY2014-2015, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Question: Shall this Resolution be ADOPTED? 17. 160161 [Castro/Upper Market Community Benefit District - Annual Reports to the City - FY2014-2015] Sponsor: Wiener Resolution receiving and approving annual report for the Castro/Upper Market Community Benefit District for FY2014-2015, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Question: Shall this Resolution be ADOPTED? Recommendations of the Public Safety and Neighborhood Services Committee Present: Supervisors Kim, Avalos, Campos 18. 151158 [Liquor License - 1981 Sutter Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Eben R. Marsh for Nighthawk’s LLC, dba Pinot’s Palette, located at 1981 Sutter Street (District 5), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 4:31 pm on 3/17/16 ### [Page 11](https://sfbos.info/documents/331/2016-03-22-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 19. 151267 [Liquor License - 2665 Mission Street] Resolution determining that the issuance of a Type 64 general theatre license to Gray Area Foundation for the Arts, dba Gray Area, located at 2665 Mission Street (District 9), will serve the public convenience or necessity of City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? Recommendations of the Rules Committee Present: Supervisors Tang, Mar, Cohen 20. 160144 [Confirming Reappointments, Redevelopment Successor Agency Oversight Board - Nadia Sesay, Olson Lee] Sponsor: Mayor Motion confirming mayoral reappointments of Nadia Sesay and Olson Lee to the Redevelopment Successor Agency Oversight Board, terms ending January 24, 2020. Question: Shall this Motion be APPROVED? 21. 160211 [Reappointment, Child Care Planning and Advisory Council - Candace Wong] Motion reappointing Candace Wong, term ending March 19, 2018, to the Child Care Planning and Advisory Council. (Rules Committee) Question: Shall this Motion be APPROVED? 22. 160213 [Appointment, Food Security Task Force - Priti Rane] Motion appointing Priti Rane (residency requirement waived), for an indefinite term, to the Food Security Task Force. (Rules Committee) Question: Shall this Motion be APPROVED? SPECIAL ORDER 2:30 P.M. - Recognition of Commendations 23. ROLL CALL FOR INTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities. City and County of San Francisco Page 11 Printed at 4:31 pm on 3/17/16 ### [Page 12](https://sfbos.info/documents/331/2016-03-22-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 24. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. Items 25 through 30 25. 160228 [Calling for a California State of Emergency Declaration on Homelessness] Sponsors: Kim; Cohen, Campos, Yee, Peskin, Mar and Avalos Resolution urging Governor Jerry Brown to declare a State of Emergency on Homelessness to help coordinate region- and state-wide responses to this growing crisis, and provide supplementary state assistance to cities and counties to provide needed supportive services. 03/08/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 03/15/2016; CONTINUED. Question: Shall this Resolution be ADOPTED? 26. 160229 [Urging the California Department of Alcoholic Beverage Control to Deny Non-Traditional Retail Licenses] Sponsor: Mar Resolution urging the California Department of Alcoholic Beverage Control to deny alcohol license applications of non-traditional alcohol retail businesses in the City and County of San Francisco. 03/08/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 03/15/2016; CONTINUED. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 12 Printed at 4:31 pm on 3/17/16 ### [Page 13](https://sfbos.info/documents/331/2016-03-22-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 27. 160258 [Supporting California State Senate Bill 1286 (Leno) - Increasing Law Enforcement Transparency] Sponsors: Cohen; Breed, Kim, Avalos, Peskin and Mar Resolution supporting California State Senate Bill 1286, authored by Senator Mark Leno, improving government transparency and accountability by allowing the public to access information on police misconduct and use of force. 03/15/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 28. 160259 [Arbor Day 2016 - March 19, 2016] Sponsor: Peskin Resolution declaring March 19, 2016, as Arbor Day 2016 in the City and County of San Francisco. 03/15/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 29. 160260 [Urging the Our Children, Our Families Council to Convene a Chronic Absenteeism Working Group] Sponsor: Yee Resolution urging the Our Children, Our Families Council to convene and coordinate a Chronic Absenteeism Working Group and to develop an action plan within six months of their first meeting. 03/15/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 30. 160247 [Final Map 8326 - 1267 Chestnut Street] Motion approving Final Map 8326, a six unit residential condominium project, located at 1267 Chestnut Street, Units 1-6, being a subdivision of Assessor’s Parcel Block No. 0499, Lot No. 001D, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 03/11/2016; RECEIVED FROM DEPARTMENT. 03/16/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 13 Printed at 4:31 pm on 3/17/16 ### [Page 14](https://sfbos.info/documents/331/2016-03-22-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 31. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is required for the resolution(s). [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. City and County of San Francisco Page 14 Printed at 4:31 pm on 3/17/16 ### [Page 15](https://sfbos.info/documents/331/2016-03-22-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 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 ORDINANCES 160241 [Settlement of Lawsuit - Kuiana Taylor - $49,999] Ordinance authorizing settlement of the lawsuit filed by Kuiana Taylor against the City and County of San Francisco for $49,999; the lawsuit was filed on August 6, 2014, in United States District Court for the Northern District of California, Case No. 14-cv-03555 CRB; entitled Kuiana Taylor v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) 03/08/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 160242 [Settlement of Lawsuit - Lisa Owen - $2,250,000] Ordinance authorizing settlement of the lawsuit filed by Lisa Owen against the City and County of San Francisco for $2,250,000; the lawsuit was filed on July 8, 2014, in San Francisco Superior Court, Case No. CGC-14-540434; entitled Lisa Owen v. City and County of San Francisco, et al.; the lawsuit involves an alleged dangerous condition of public property causing personal injury. (City Attorney) 03/08/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 160243 [Settlement of Lawsuit - Ying Zhang and Chen Li - $175,000] Ordinance authorizing settlement of the lawsuit filed by Ying Zhang and Chen Li against the City and County of San Francisco for $175,000; the lawsuit was filed on January 21, 2014, in San Francisco Superior Court, Case No. CGC-14-536903 (consolidated with CGC-13-536533); entitled Ying Zhang, et al. v. City and County of San Francisco, et al.; the lawsuit involves an alleged dangerous condition of public property causing personal injury; other materials terms of said settlement are that the Municipal Transportation Agency is to also pay $175,000, subject to approval by the Municipal Transportation Agency Board. (City Attorney) 03/08/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 15 Printed at 4:31 pm on 3/17/16 ### [Page 16](https://sfbos.info/documents/331/2016-03-22-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 160244 [Settlement of Lawsuit - Kai Yuan and Jian Ping Yuan - $175,000] Ordinance authorizing settlement of the lawsuit filed by Kai Yuan and Jian Ping Yuan against the City and County of San Francisco for $175,000; the lawsuit was filed on December 31, 2013, in San Francisco Superior Court, Case No. CGC-13-536533 (consolidated with CGC-14-536903); entitled Kai Yuan, et al. v. City and County of San Francisco, et al.; the lawsuit involves an alleged dangerous condition of public property causing death; other material terms of said settlement are that the Municipal Transportation Agency is to also pay $175,000, subject to approval by the Municipal Transportation Agency Board, and co-defendant Gina Eunice to pay $50,000 (insurance coverage limits). (City Attorney) 03/08/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 160245 [Settlement of Unlitigated Claim - Big Heart Pet Brands - $110,682.83] Resolution approving the settlement of the unlitigated claim filed by Big Heart Pet Brands against the City and County of San Francisco for $110,682.83; claim was filed on November 19, 2015; the claim involves a payroll expense tax refund. (City Attorney) 03/10/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 160246 [Settlement of Unlitigated Claim - FMC Corporation - City to Receive $425,000] Resolution approving settlement of the unlitigated claim filed by the City and County of San Francisco against FMC Corporation for $425,000; the claim involves compensation for environmental contamination caused by FMC Corporation. (City Attorney) 03/11/2016; RECEIVED FROM DEPARTMENT. 03/22/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 16 Printed at 4:31 pm on 3/17/16 ### [Page 17](https://sfbos.info/documents/331/2016-03-22-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 160270 [Petitions and Communications] Petitions and Communications received from March 7, 2016, through March 14, 2016, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on March 22, 2016. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information will not be redacted. From Mayor Lee, designating Supervisor Mark Farrell as Acting-Mayor from March 11, 2016, to March 19, 2016. Copy: Each Supervisor. (1) From the Office of the Controller, submitting City Services Auditor’s memorandum regarding follow-up of 2011 Audit of Municipal Transportation Agency Sustainable Streets Division Operations. Copy: Each Supervisor. (2) From Recreation and Park Department, regarding youth soccer. Copy: Each Supervisor. (3) From Planning Department, submitting addendum to Environmental Impact Report “Modified Long Term Improvement L-8 Golden Gate Avenue Bike Lanes and Road Diet.” Copy: Each Supervisor. (4) From Mayor Lee, regarding the following Charter, Section 3.100(18), appointments to the Fire Commission. Copy: Each Supervisor. (5) Stephen Nakajo - term ending January 15, 2020 Michael Hardeman - term ending January 15, 2020 From concerned citizens, regarding Open Source Voting System Project. 2 letters. Copy: Each Supervisor. (6) From concerned citizens, regarding public access to existing roads and trails in the Peninsula Watershed Lands. File No. 160183. 3 letters. Copy: Each Supervisor. (7) From concerned citizens, regarding proposed rule regulating dog walking in the Golden Gate National Recreation Area (GGNRA). File No. 160205. 2 letters. Copy: Each Supervisor. (8) From Phithak Raxakoul, regarding application for Liquor License for 141 Gough Street. File No. 160248. Copy: Each Supervisor. (9) From Gary Noguera, regarding Municipal Transportation Authority plans. Copy: Each Supervisor. (10) From concerned citizen, regarding litter cleanup. Copy: Each Supervisor. (11) From Aaron Goodman, regarding Geneva Car Barn and Onondaga revitalization proposal. Copy: Each Supervisor. (12) From San Francisco Fire Fighters Local 798, regarding Transbay Redevelopment Project Area. Copy: Each Supervisor. (13) From Cerner Health Services, regarding waiver for competitive solicitation process for new electronic health record provider. File No. 160043. Copy: Each Supervisor. (14) From Clerk of the Board, regarding Expenditure Lobbyist regulations. Copy: Each Supervisor. (15) City and County of San Francisco Page 17 Printed at 4:31 pm on 3/17/16 ### [Page 18](https://sfbos.info/documents/331/2016-03-22-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, March 22, 2016 From Mayor Lee, regarding Charter, Section 3.100(18), appointments: (16) Cecilia Chung - Health Commission - term ending January 15, 2020 JD Beltran - Arts Commission - term ending January 15, 2020 Simon Frankel - Arts Commission - term ending September 1, 2018 Roberto Ordenana - Arts Commission - term ending January 20, 2020 Belva Davis - War Memorial Board of Trustees - term ending January 2, 2019 Thomas Horn - War Memorial Board of Trustees - term ending January 2, 2019 Vaughn Walker - War Memorial Board of Trustees - term ending January 2, 2019 David Crow - Rent Board - term ending June 5, 2019 Kent Qian - Rent Board - term ending August 1, 2019 Rebecca Woodson - Juvenile Probation Commission - term ending January 15, 2019 From Diane Carpio, regarding Parkmerced tree removal. Copy: Each Supervisor. (17) From Clerk of the Board, reporting that the following individuals have submitted Form 700 Statements: (18) Debra Newman - Budget and Legislative Analyst - Annual Margaux Kelly - Legislative Aide - Annual From Bernard Choden, regarding affordable housing. Copy: Each Supervisor. (19) From concerned citizens, regarding towing fees. 3 letters. Copy: Each Supervisor. (20) From Port, regarding residents hired and Local Business Enterprise contracts used for the historic rehabilitation project at Pier 70. File No. 151119. Copy: Each Supervisor. (21) From CA Fish and Game Commission, submitting notice of proposed regulatory action relating to Lower Klamath River Basin sport fishing. Copy: Each Supervisor. (22) From concerned citizens, submitting signatures for petition entitled, ‘San Francisco Needs a Better Plan.’ 391st signature. Copy: Each Supervisor. (23) From concerned citizens, submitting signatures for a petition regarding the San Francisco Municipal Transportation Agency. 4,193rd signature. Copy: Each Supervisor. (24) From concerned citizens, regarding quality of life issues. 2 letters. Copy: Each Supervisor. (25) ADJOURNMENT City and County of San Francisco Page 18 Printed at 4:31 pm on 3/17/16