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Please Note: Item 32 was added on 04/08/16
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, April 12, 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 1st and 3rd Thursday
Supervisors Peskin, Yee, Breed 9:30 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.
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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。
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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
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
ROLL CALL AND PLEDGE OF ALLEGIANCE
COMMUNICATIONS
APPROVAL OF MEETING MINUTES
Approval of the March 8, 2016, Board Meeting Minutes.
AGENDA CHANGES
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board
of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall
be removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 1 through 5
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Tang, Yee, Wiener
1. 150732 [Building, Administrative Codes - Mandatory Disability Access Improvements;
Building Owner’s Notice to Tenant; Administrative Fee]
Sponsor: Tang
Ordinance amending the Building Code to require any existing building with a place of
public accommodation either to have all primary entries and path of travel into the
building accessible by persons with disabilities or to receive from the City a
determination of equivalent facilitation, technical infeasibility, or unreasonable hardship;
establishing a Disability Access Compliance Unit within the Department of Building
Inspection; establishing a fee to offset the costs of the disability access improvement
program; amending Administrative Code, Chapter 38, to require a building owner to give
notice of the mandatory Building Code primary entry and path of travel accessibility
requirements in any new or amended public accommodation lease; affirming the
Planning Department’s California Environmental Quality Act determination; making
findings of local conditions under the California Health and Safety Code; and directing
the Clerk of the Board of Supervisors to forward the legislation to the California Building
Standards Commission upon final passage.
(Fiscal Impact)
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
2. 160221 [Appropriation - Community Impact Improvement Fees - Eastern
Neighborhoods Infrastructure Improvement Projects - $739,671 - FY2015-2016]
Sponsor: Mayor
Ordinance appropriating $739,671 of Community Improvement Impact Fees revenue to
the Recreation and Park Department to support the Eastern Neighborhoods
Infrastructure Improvement Projects in FY2015-2016.
(Fiscal Impact)
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Peskin
3. 151164 [Planning Code - Landmark Designation - 171 San Marcos Avenue (aka Cowell
House)]
Sponsors: Yee; Peskin
Ordinance designating 171 San Marcos Avenue (aka Cowell House), Assessor’s Block
No. 2882, Lot No. 035, as a Landmark under Planning Code, Article 10; and making
environmental findings, public necessity, convenience and welfare findings, and findings
of consistency with the General Plan, and the eight priority policies of Planning Code,
Section 101.1.
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
4. 160100 [Administrative Code - No-Fault Eviction Protections During School Year]
Sponsors: Campos; Kim, Avalos, Mar, Cohen and Breed
Ordinance amending the Administrative Code to prevent certain no-fault evictions
(owner move-in, condominium conversion, removal of rental unit, capital improvement,
and substantial rehabilitation) during the school year if a child under 18 or a person who
works at a school in San Francisco resides in the rental unit, is a tenant or has a
custodial or family relationship with a tenant, and the tenant has resided in the unit for 12
months or more, provided, however, that this ordinance would not restrict the timing of
evictions performed in connection with mandatory seismic retrofits pursuant to Building
Code, Chapter 34B, and Administrative Code, Chapter 65A; and to remove existing
exceptions for owners that apply to owner move-in evictions during the school year.
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety and Neighborhood Services Committee
Present: Supervisors Kim, Campos
5. 160024 [Police, Administrative Codes - All-Gender Toilet Facilities]
Sponsors: Campos; Farrell, Kim, Avalos, Mar, Yee, Wiener and Breed
Ordinance amending the Police Code to mandate that businesses and places of public
accommodation designate single-user toilet facilities that are available to the public or
employees as all-gender and accessible to persons of any gender identity, and require
enforcement of the signage requirements by the Department of Building Inspection;
amending the Administrative Code to require buildings on land that the City owns or
leases to provide all-gender toilet facilities; and affirming the Planning Department’s
determination under the California Environmental Quality Act.
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
REGULAR AGENDA
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
UNFINISHED BUSINESS
From the Board
6. 160153 [Street Vacation - James Alley - Chinese Hospital Improvements]
Sponsor: Peskin
Ordinance ordering the street vacation of James Alley, generally bounded by Assessor’s
Block No. 0192 and Jackson Street, as part of improvements to the Chinese Hospital;
approving a quitclaim of the City’s interest in the vacation area pursuant to the terms and
conditions of a Purchase and Sale Agreement between the City and County of San
Francisco, as seller, and Chinese Hospital Association, as buyer; reserving various
easement rights in favor of third party utilities and private property owners; affirming the
Planning Department’s determination under the California Environmental Quality Act;
adopting findings that the actions contemplated in this legislation are consistent with the
General Plan, and the eight priority policies of Planning Code, Section 101.1; and
authorizing official acts in connection with this Ordinance.
04/05/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Budget and Finance Sub-Committee
Present: Supervisors Tang, Yee, Wiener
7. 160065 [Police Code - Paid Parental Leave for Bonding with New Child]
Sponsors: Wiener; Yee
Ordinance amending the Police Code to require employers to provide supplemental
compensation to employees who are receiving State Paid Family Leave for purposes of
bonding with a new child.
(Economic Impact)
04/05/2016; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
04/05/2016; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
04/05/2016; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
Recommendation of the Public Safety and Neighborhood Services Committee
Present: Supervisors Kim, Campos, Yee
8. 160223 [Declaring Existence of a Shelter Crisis]
Sponsors: Campos; Kim, Avalos, Mar, Yee, Breed, Peskin and Cohen
Ordinance making findings and declaring the existence of a shelter crisis in San
Francisco under California Government Code, Sections 8698, et seq.
04/05/2016; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendation of the Budget and Finance Committee
Present: Supervisors Farrell, Tang, Yee, Kim, Wiener
9. 160151 [Public Employment - Annual Salary Ordinance Amendment - Office of Small
Business in the Mayor’s Office of Economic and Workforce Development -
FYs 2015-2016 and 2016-2017]
Sponsors: Campos; Peskin
Ordinance amending Ordinance No. 129-15 (Annual Salary Ordinance - FYs 2015-2016
and 2016-2017) to reflect the addition of one (1) 9774 Sr. Community Development
Specialist for the equivalent of seven full pay periods before the end of FY2015-2016 in
the Office of Small Business in the Mayor’s Office of Economic and Workforce
Development (ECN) to administer the Legacy Business Registry and Historic
Preservation Fund.
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Tang, Yee
10. 151080 [Administrative Code - Establishing Mayor’s Nuisance Abatement Revolving
Loan Fund]
Sponsor: Wiener
Ordinance amending the Administrative Code to establish the Mayor’s Nuisance
Abatement Revolving Loan Fund to help building owners finance repairs and
improvements needed to abate violations of Building Inspection Commission Codes.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
11. 151225 [Taxable and/or Tax Exempt Certificates of Participation - Affordable Housing
Projects - Not to Exceed $95,000,000]
Sponsor: Mayor
Ordinance authorizing the execution and delivery of Certificates of Participation in an
aggregate principal amount not to exceed $95,000,000 to provide funds to assist in the
development, acquisition, construction or rehabilitation of affordable rental housing
projects; approving the form of a Supplemental Trust Agreement between the City and
County of San Francisco and the Trustee named therein (including certain indemnities
contained therein); approving the form of a Supplemental Property Lease between the
City, as lessor, and the Trustee, as lessee; approving the form of a Supplemental
Project Lease between the Trustee, as lessor, and the City, as lessee; approving the
form of an Official Notice of Sale and Notice of Intention to Sell for the Certificates of
Participation, if sold by competitive sale; authorizing certain actions relating to the
Certificates of Participation, if sold by negotiated sale, including approving the form of a
Purchase Contract between the City and the underwriter(s) selected in accordance City
policies; approving the form of an official statement in preliminary and final form;
approving the form of a Continuing Disclosure Certificate; granting general authority to
City officials to take necessary actions in connection with the authorization, issuance,
sale and delivery of the Certificates of Participation; approving modifications to
documents; and ratifying previous actions taken in connection therewith.
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
12. 160148 [Agreement - Accept Vizient, Inc., Common Stock - Authorization to Accept
Distribution of Shares]
Resolution approving the acceptance of a distribution of Vizient, Inc. common stock, by
and through the Department of Public Health, and authorizing the Director of Health to
enter into an agreement with Vizient to accept the distribution of shares, including the
11th Amended Stockholders’ Agreement and the Joinder to the Amended and Restated
Stockholders’ Agreement. (Public Health Department)
Question: Shall this Resolution be ADOPTED?
13. 160257 [California Enterprise Development Authority Issuance of Tax-Exempt Bonds -
Brandeis School of San Francisco - Not to Exceed $10,000,000]
Sponsor: Yee
Resolution approving in accordance with Internal Revenue Code of 1986, as amended,
Section 147(f) thereof, the issuance of tax-exempt revenue obligations by the California
Enterprise Development Authority in an aggregate principal amount not to exceed
$10,000,000 to refinance various capital facilities owned by the Brandeis School of San
Francisco.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
14. 160282 [Agreement Amendment - Leaders in Community Alternative, Inc. - Operation
of the Community Assessment and Services Center - Reentry Service - Not to
Exceed $11,490,153]
Sponsor: Kim
Resolution approving the fifth amendment to an agreement between the Adult Probation
Department and Leaders in Community Alternatives, Inc., for reentry services and
operations of the Community Assessment and Services Center, to increase the contract
amount to $11,490,153 over the agreement term of June 1, 2012, through June 30,
2017.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
15. 160283 [Office Space Lease - PBV II, LLC - 564-6 Street - $848,190 in Initial Year]
Sponsor: Kim
Resolution authorizing a Lease between the City and County of San Francisco, as
Tenant, and PBV II, LLC, as Landlord, of office space located at 564-6 Street, consisting
of approximately 17,500 square feet from July 1, 2016, through June 30, 2026, subject
to City's termination rights, for use by the Adult Probation Department at $70,682.50
monthly; for $848,190 rent in the initial year with annual 3% increases and four five-year
options to extend.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Peskin
16. 151081 [Building Code - Permit Suspension for Repeat Violations]
Sponsors: Wiener; Cohen
Ordinance amending the Building Code to authorize the Director of the Department of
Building Inspection to stop all work on a construction project whenever there are
repeated violations of City codes on the project; and affirming the Planning Department’s
determination under the California Environmental Quality Act.
Question: Shall this Ordinance be PASSED ON FIRST READING?
17. 151085 [Various Codes - Code Enforcement Procedures]
Sponsors: Wiener; Cohen
Ordinance amending the Building, Housing, Electrical, Plumbing, Fire, Health, Planning,
and Administrative Codes to clarify and standardize enforcement procedures for
violations of Municipal Codes relating to buildings and property, to require departments
to report on code enforcement activities, and to direct the City Administrator to
coordinate the preparation of standard Citywide model forms for code enforcement
proceedings; setting an operative date of June 1, 2016; and 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.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
18. 160155 [Public Works Code - Stormwater Management Requirements]
Sponsor: Wiener
Ordinance amending the Public Works Code to incorporate changes to ensure
consistency and compliance with California’s municipal stormwater permit requirements;
to revise application of the requirements from projects disturbing 5,000 square feet of
ground surface area to projects that include construction or remodeling of 5,000 square
feet of impervious surface area; and affirming the Planning Department’s determination
under the California Environmental Quality Act.
Question: Shall this Ordinance be PASSED ON FIRST READING?
19. 151109 [Establishing the SoMa Pilipinas - Filipino Cultural Heritage District in San
Francisco]
Sponsors: Kim; Mar, Wiener, Avalos, Campos, Peskin, Cohen and Yee
Resolution establishing the SoMa Pilipinas - Filipino Cultural Heritage District in the City
and County of San Francisco.
Question: Shall this Resolution be ADOPTED?
SPECIAL ORDER 2:30 P.M. - Recognition of Commendations
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
SPECIAL ORDER 3:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Scheduled pursuant to Motion No. M16-025 (File No. 160167) approved on March 1,
2016.)
20. 160215 [Hearing - Redevelopment Plan Amendment - Transbay Redevelopment
Project Area - Zone One]
Hearing of persons interested in or objecting to a proposed Ordinance (File No. 160150)
approving an amendment to the Redevelopment Plan for the Transbay Redevelopment
Project Area, to increase the maximum height limit from 300 feet to 400 feet on Block 1
(Assessor's Block No. 3740, Lot Nos. 027, 029, 030, 031, 032) within Zone One of the
Transbay Redevelopment Project Area; and making environmental findings under the
California Environmental Quality Act, and findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board)
Question: Shall this Hearing be HEARD AND FILED?
Committee of the Whole Adjourn and Report
21. 160150 [Redevelopment Plan Amendment - Transbay Redevelopment Project Area -
Zone One]
Sponsors: Mayor; Kim
Ordinance approving an amendment to the Redevelopment Plan for the Transbay
Redevelopment Project Area, to increase the maximum height limit from 300 feet to 400
feet on Block 1 (Assessor’s Block No. 3740, Lot Nos. 027, 029, 030, 031, and 032)
within Zone One of the Transbay Redevelopment Project Area; and making
environmental findings under the California Environmental Quality Act, and findings of
consistency with the General Plan, and the eight priority policies of Planning Code,
Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Government Audit and Oversight
Committee at a Regular Meeting on Thursday, April 7, 2016, at 9:30 a.m. The Chair
intends to request the Committee to send the following item to the Board as a
Committee Report on Tuesday, April 12, 2016.
22. 160133 [First Amended Tolling Agreement - California Department of Fish and
Wildlife, Office of Spill Prevention and Response - San Mateo Creek
Discharges]
Resolution approving a First Amended Tolling Agreement to toll the statutes of
limitations for the California Department of Fish and Wildlife, Office of Spill Prevention
and Response, to bring potential claims against the San Francisco Public Utilities
Commission for discharges of chlorinated water into San Mateo Creek. (City Attorney)
Question: Shall this Resolution be ADOPTED?
The following items will be considered by the Land Use and Transportation Committee
at a Regular Meeting on Monday, April 11, 2016, at 1:30 p.m. The Chair intends to
request the Committee to send the following items to the Board as a Committee Report
on Tuesday, April 12, 2016.
23. 160188 [General Plan Amendment - Downtown Area Plan Map 5 - Portions of Transbay
Redevelopment Plan Blocks 1 and 2]
Ordinance amending the General Plan by revising Map 5 of the Downtown Area Plan to
include a note stating that the proposed Height and Bulk Districts on Block 1 (Assessor’s
Parcel Block No. 3740, Lot Nos. 027, 029, 030, 031, and 032), on Folsom Street
between Main and Spear Streets, and a portion of Block 2 (Assessor’s Parcel Block No.
3739, Lot No. 004), on Folsom and Main Streets, of the Transbay Redevelopment
Project Area shall be consistent with those provided in the Transbay Redevelopment
Plan Development Controls; and making findings, including findings under the California
Environmental Quality Act, and findings of consistency with the General Plan, and the
eight priority policies of Planning Code, Section 101.1. (Planning Commission)
Question: Shall this Ordinance be PASSED ON FIRST READING?
24. 160253 [Health Code - Exempting The Humidor from Certain Provisions of the
Tobacco Sales Permit Ordinance]
Sponsor: Peskin
Ordinance exempting The Humidor, formerly located at 275 Battery Street, from two
prohibitions in the Tobacco Sales Permit Ordinance on the issuance of such a permit for
The Humidor’s new location at One Embarcadero Center: the prohibitions on issuing the
permit in a Supervisorial District with 45 or more such permits, and on issuing the permit
to a tobacco shop.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
25. 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.
26. 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 27 through 32
27. 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.
03/22/2016; CONTINUED.
04/05/2016; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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28. 160258 [Supporting California State Senate Bill 1286 (Leno) - Increasing Law
Enforcement Transparency]
Sponsors: Cohen; Breed, Kim, Avalos, Peskin, Mar and Yee
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.
03/22/2016; CONTINUED.
Question: Shall this Resolution be ADOPTED?
29. 160332 [Encouraging All 18 to 44 Year Olds to Register as Bone Marrow Donors]
Sponsors: Breed; Tang, Yee, Kim, Mar, Peskin, Cohen and Avalos
Resolution encouraging all members of the public aged 18 to 44 to register as bone
marrow donors and help close the racial gap in cancer treatment so people of all
ethnicities have a second chance to live through a marrow transplant.
04/05/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 160333 [Urging California State Legislators to Amend California State Assembly Bills
2501 (Bloom and Low) and 2522 (Bloom) in Recognition of San Francisco’s
Significant Contributions to Regional Housing Development]
Sponsor: Peskin
Resolution urging the San Francisco Legislative Delegation to amend California State
Assembly Bills 2501, authored by Assembly Members Bloom and Low, and 2522,
authored by Assembly Member Bloom, to grant exceptions from state density bonus
requirements to jurisdictions that exist as both a City and a County, with a population
greater than 600,000.
04/05/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
31. 160335 [Waiver Permitting City Employees to Assist the Department of Elections with
the June 7, 2016, Consolidated Election]
Sponsor: Breed
Motion granting a waiver from the prohibition imposed by Charter section 13.104.5, to
permit City employees to assist the Department of Elections with the June 7, 2016,
Consolidated Election.
04/05/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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32. 160334 [Rename James Alley to “Rose Pak’s Way 白蘭之道”]
Sponsors: Peskin; Farrell, Wiener, Kim, Mar, Yee, Avalos, Tang, Campos and
Cohen
Resolution changing the name of James Alley, an alleyway off of Jackson Street in
Chinatown, to “Rose Pak’s Way 白蘭之道” in recognition of Rose Pak’s contributions to
the City and County of San Francisco and the Chinatown community.
04/05/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
33. 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.
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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 ORDINANCES
160306 [Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000]
Ordinance authorizing settlement of an unlitigated claim by the City and County of San
Francisco against Asiana Airlines for a payment of $3,450,000 by Asiana Airlines to the
City, appropriating funds from the settlement to the City Attorney’s Office to pay the
City’s attorneys’ fees and legal expenses, and allocating funds from the settlement to the
Airport to pay the Airport’s costs; other material terms of the settlement include payment
by Asiana Airlines to the City’s aviation insurer, the City’s acceptance of the site cleanup
performed by contractors to Asiana Airlines and approved by the San Francisco Bay
Regional Water Quality Control Board, the City’s agreement not to originate a lawsuit
against the aircraft manufacturer, and mutual release of claims arising out of the July 6,
2013, crash of Asiana Airlines Flight 214; the City made its claim on July 16, 2013. (City
Attorney)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
160307 [Settlement of Lawsuit - Fernando Guanill - $150,000]
Ordinance authorizing settlement of the lawsuit filed by Fernando Guanill against the
City and County of San Francisco for $150,000; the lawsuit was filed on October 14,
2015, in the United States District Court for the Northern District of California, Case No.
15-cv-04745 LB; entitled Fernando Guanill v. Michael Robert Lewelling, et al.; the
lawsuit involves alleged civil rights violations. (City Attorney)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
160308 [Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad
Litem, Guillerma Bojorquez - $50,000]
Ordinance authorizing settlement of the lawsuit filed by J.C.R., a minor, by and through
his guardian ad litem, Guillerma Bojorquez, against the City and County of San
Francisco for $50,000; the lawsuit was filed on August 28, 2014, in the United States
District Court for the Northern District of California, Case No. 3:14-cv-3918 NC; entitled
J.C.R., a minor, by and through his guardian ad litem, Guillerma Borjorquez v. The City
and County of San Francisco, et al. (City Attorney)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
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160309 [Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000]
Ordinance authorizing settlement of the lawsuit filed by Fireman’s Fund Insurance
Company against the City and County of San Francisco for $125,000; the lawsuit was
filed on July 17, 2014, in San Francisco Superior Court, Case No. CGC-14-540616;
entitled Fireman’s Fund Insurance Company vs. Alliance of Event Planners and
Vendors, Inc., et al.; the lawsuit involves an insurance dispute. (City Attorney)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
PROPOSED RESOLUTIONS
160310 [Early Lease Termination and Reimbursement of Unamortized Construction
Costs - Legends Bar of San Francisco, LLC - $70,270]
Resolution approving the early termination of Boarding Area B Casual Dining and Bar
Lease No. 05-0075, between Legends Bar of San Francisco, LLC and the City and
County of San Francisco, acting by and through its Airport Commission; and the
reimbursement of $70,270 in unamortized construction costs. (Airport Commission)
03/28/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160311 [Lease Agreement - China Airlines, Limited - Airport Building No. 648 and
Related Areas on Plot 10 - $5,740,480.68]
Resolution retroactively approving and authorizing the execution of Facility Lease
Agreement No. 16-0072 for Cargo Building 648 on Plot 10, between China Airlines
Limited and the City and County of San Francisco, acting by and through its Airport
Commission, for an estimated rent of $5,740,480.68 for a three-year term to commence
April 9, 2016, through April 8, 2019, with one three-year option to extend. (Airport
Commission)
03/28/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160312 [Lease Amendment - Hudson News Company - Terminal 1 Boarding Area C
Retail Lease - $1,320,973.20 Minimum Annual Guarantee, $2,506 Annual
Promotional Charge, and Reimbursing $173,022.24 for Unamortized
Construction Costs]
Resolution approving Amendment No. 1 to the Terminal 1 Boarding Area C Retail Lease
No. 09-0093, between Hudson News Company and the City and County of San
Francisco, acting by and through its Airport Commission, reducing the minimum annual
guarantee to $1,320,973.20, the annual promotional charge to $2,506, and reimbursing
the Hudson News Company $173,022.24 for unamortized construction costs. (Airport
Commission)
03/28/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
160313 [Home Detention Electronic Monitoring Program Rules and Regulations and
Program Administrator’s Evidence of Financial Responsibility - 2016]
Resolution approving the Sheriff Department’s home detention and electronic monitoring
program rules and regulations and approving evidence of financial responsibility
demonstrated by program administrator, Leaders in Community Alternatives, for the
2016 calendar year. (Sheriff)
04/01/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
160314 [Contract Amendment - Regents of the University of California, Division of
Substance Abuse and Addiction Medicine - Behavioral Health Services - Not
to Exceed $27,552,154]
Resolution retroactively approving amendment number one to the Department of Public
Health contract for behavioral health services with the Regents of the University of
California, Division of Substance Abuse and Addiction Medicine, to extend the contract
by two years, from July 1, 2010, through December 31, 2015, to July 1 2010, through
December 31, 2017, with a corresponding increase of $9,648,526 for a total amount not
to exceed $27,552,154. (Public Health Department)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160315 [Agreement Amendment - Cogsdale Corporation - Software Maintenance,
FAMIS Project - Maximum Expenditure of $1,759,067.62]
Resolution authorizing the Controller to enter into the Ninth Amendment of a Software
Maintenance Agreement with Cogsdale Corporation, for perpetual software
maintenance services for the Controller’s Financial Accounting and Management
Information System (“FAMIS”) Project, extending the contract term of July 1, 2006,
through June 30, 2016, up to three years through June 30, 2019, and increasing the
maximum expenditure for the Ninth Amendment up to $452,661.65, and a total contract
amount up to $1,759,067.62. (Controller)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160316 [Settlement of Unlitigated Claim - 700 Cabrillo Street HOA - $35,000]
Resolution approving the settlement of the unlitigated claim filed by the 700 Cabrillo
Street HOA against the City and County of San Francisco for $35,000; the claim was
filed on October 8, 2015; the claim involves alleged property damage arising from a
sewage flood. (City Attorney)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
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160317 [Public Utilities Commission - Issuance Wastewater Revenue Bonds - Not to
Exceed $621,000,000]
Resolution approving the issuance of wastewater revenue bonds to be issued by the
Public Utilities Commission of the City and County of San Francisco in an aggregate
principal amount not to exceed $621,000,000 to finance and refinance capital projects
benefiting the Wastewater Enterprise pursuant to amendments to the Charter of the City
and County of San Francisco enacted by voters on November 5, 2002, as Proposition E;
affirming covenants contained in the indenture pursuant to which the wastewater
revenue bonds are issued; authorizing the taking of appropriate actions in connection
therewith; and related matters. (Public Utilities Commission)
04/04/2016; RECEIVED FROM DEPARTMENT.
04/12/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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160303 [Petitions and Communications]
Petitions and Communications received from March 28, 2016, through April 4, 2016, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on April 12, 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, regarding the following Charter, Section 3.100(18), appointment to the
Human Rights Commission. (1)
Andrea Sanchez - term ending September 2, 2019
From Clerk of the Board, submitting annual Surplus City Property report. (2)
From the Office of the Controller, regarding its audit of the Public Administrator and
Public Guardian divisions of the Department of Aging and Adult Services (DAAS). Copy:
Each Supervisor. (3)
From Clerk of the Board, reporting that the following individuals have submitted Form
700 Statements: (4)
Sunny Angulo - Legislative Aide - Annual
April Ang - Legislative Aide - Annual
Sheila Chung Hagen - Legislative Aide - Annual
Victor Lim - Legislative Aide - Annual
Jennifer Low - Legislative Aide - Annual
Samantha Roxas - Legislative Aide - Assuming Office
Lee Hepner - Legislative Aide - Assuming Office
Jess Montejano - Legislative Aide - Annual
Nickolas Pagoulatos - Legislative Aide - Annual
Dyanna Quizon - Legislative Aide - Annual
Raquel Redondiez - Legislative Aide - Annual
Beth Rubenstein - Legislative Aide - Annual
Adam Taylor - Legislative Aide - Annual
Mawuli Tugbenyoh - Legislative Aide - Annual
Junko Laxamana - Administrative Manager - Annual
Victor Young - SOTF Administrator - Annual
Severin Campbell - Budget and Legislative Analyst - Annual
Alisa Somera - Legislative Deputy Director - Assuming Office
From the Work Group to Re-envision the Jail Replacement Project, regarding project
update. Copy: Each Supervisor. (5)
From various organizations, regarding proposed Paid Parental Leave ordinance. File
No. 160065. 2 letters. Copy: Each Supervisor. (6)
From San Francisco Human Rights Commission, regarding California State Bill AB
1887, a ban of State funded travel to states with anti-LGBT laws. Copy: Each
Supervisor. (7)
From Office of the Sheriff, submitting Waiver Request for Rapid Notify, Inc. Copy: Each
Supervisor. (8)
From SFFSRE, LLC, regarding application for Liquor License for 447 Bush Street. File
No. 160301. (9)
From Commission of Animal Control and Welfare, regarding Certificate of Participation
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Board of Supervisors Meeting Agenda Tuesday, April 12, 2016
proposal for Animal Care and Control facility. Copy: Each Supervisor. (10)
From National Park Service/Golden Gate National Recreation Area (NPS/GGNRA),
regarding Environmental Assessment of Pacific Gas & Electric (PG&E) Gas Line-109
Pipeline Replacement Project. Copy: Each Supervisor. (11)
From Gray Panthers of San Francisco, regarding Tasers for San Francisco Police. (12)
From concerned citizens, regarding reappointment of Cristina Rubke to SFMTA Board of
Directors. 2 letters. Copy: Each Supervisor. (13)
From Office of the City Administrator Contract Monitoring Division, regarding Local
Business Enterprise (“LBE”) Contracting Report for FY2015/2016 first and second
quarters. Copy: Each Supervisor. (14)
From Library Users Association, regarding Library fee proposed at San Francisco Public
Library. Copy: Each Supervisor. (15)
From Senior and Disability Action, regarding proposed legislation for mandatory
disability access improvements. File No. 150732. Copy: Each Supervisor. (16)
ADJOURNMENT
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