# Board of Supervisors Minutes: April 19, 2016 - Meeting date: 2016-04-19 - Document type: minutes - Pages in official PDF: 26 - [Canonical HTML transcript](https://sfbos.info/documents/338/2016-04-19-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=481798&GUID=83AF93C5-2806-4284-A503-5B65DE3FF2BD) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 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 - Pages: 3 ### File 151080: Administrative Code - Establishing Mayor’s Nuisance Abatement Revolving Loan Fund - Pages: 3-4 ### File 151225: Taxable and/or Tax Exempt Certificates of Participation - Affordable Housing Projects - Not to Exceed $95,000,000 - Pages: 4 ### File 160128: Settlement of Lawsuits - California Department of Health Care Services - City to Receive $928,763.44 - Pages: 4 ### File 160130: Settlement of Lawsuit - Roque and Sonia Ballesteros - $79,000 - Pages: 4 ### File 160241: Settlement of Lawsuit - Kuiana Taylor - $49,999 - Pages: 4-5 ### File 160131: Settlement of Unlitigated Claim - Pacific Gas and Electric Company - $37,872.50 - Pages: 5 ### File 160132: Settlement of Unlitigated Claim - Frank Fong - $44,992 - Pages: 5 ### File 160191: Settlement of Unlitigated Claim - Robert Monte - $145,000 - Pages: 5 ### File 160192: Settlement of Unlitigated Claim - Diane Alcala - $225,000 - Pages: 5 ### File 160245: Settlement of Unlitigated Claim - Big Heart Pet Brands - $110,682.83 - Pages: 5 ### File 160246: Settlement of Unlitigated Claim - FMC Corporation - City to Receive $425,000 - Pages: 5-6 ### File 151081: Building Code - Permit Suspension for Repeat Violations - Pages: 6 ### File 151085: Various Codes - Code Enforcement Procedures - Pages: 6 ### File 160155: Public Works Code - Stormwater Management Requirements - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 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. Ordinance No. 064-16 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160150: Redevelopment Plan Amendment - Transbay Redevelopment Project Area - Zone One - Pages: 7 - Vote 1: amendment - Action: 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. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding findings related to the response prepared by the Office of Community Investment and Infrastructure to the written objections received. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160188: General Plan Amendment - Downtown Area Plan Map 5 - Portions of Transbay Redevelopment Plan Blocks 1 and 2 - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 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) Ordinance No. 065-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160253: Health Code - Exempting The Humidor from Certain Provisions of the Tobacco Sales Permit Ordinance - Pages: 8 - Vote 1: amendment - Action: 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. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by exempting The Humidor from the prohibition on issuing a permit for a location within 500 feet of another permitted establishment, and from the prohibition on issuing a permit for a location not previously occupied by a permitted establishment. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: amendment - Action: Ordinance exempting The Humidor, formerly located at 275 Battery Street, from four 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 for a location within 500 feet of another permitted establishment, issuing the permit in a Supervisorial District with 45 or more such permits, issuing the permit for a location not previously occupied by a permitted establishment, and issuing the permit to a tobacco shop. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160152: Appropriation - Office of Small Business in the Mayor’s Office of Economic and Workforce Development - $306,250 from the General Reserve - FY2015-2016 - Pages: 8-9 - Vote 1: first-reading - Action: 160152 [Appropriation - Office of Small Business in the Mayor’s Office of Economic and Workforce Development - $306,250 from the General Reserve - FY2015-2016] Sponsors: Campos; Peskin Ordinance appropriating $343,359 from the General Reserve for grants and related administrative costs for the Legacy Business Registry and Historic Preservation Fund in the Office of Small Business in the Mayor’s Office of Economic and Workforce Development in FY2015-2016. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: rescission - Action: Supervisor Wiener, seconded by Supervisor Cohen, moved to rescind the previous vote to allow additional discussion on the matter. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: first-reading - Action: PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 141118: Building Code - Building Façade Inspection and Maintenance and Establishing Fee - Pages: 9 - Vote 1: first-reading - Action: 141118 [Building Code - Building Façade Inspection and Maintenance and Establishing Fee] Sponsors: Mayor; Farrell, Mar, Tang, Wiener, Breed and Yee Ordinance amending the Building Code to require that 1) the façades of certain buildings having five or more stories be inspected periodically by a licensed architect or engineer; 2) inspection reports be submitted to the owner and the Department of Building Inspection according to an inspection and reporting schedule; 3) maintenance of the façades be conducted in accordance with an Administrative Bulletin that is based on a national standard; 4) establishing a fee to compensate the Department for review and related evaluation processing; 5) making findings, including environmental findings, and findings under the California Health and Safety Code; and 6) directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160145: Airport Lease and Use Agreement Modification - Early Termination - US Airways, Inc. - Pages: 9 - Vote 1: adoption, likely final - Action: 160145 [Airport Lease and Use Agreement Modification - Early Termination - US Airways, Inc.] Resolution approving Modification No. 1 to the 2011 Lease and Use Agreement L10-0276, granting the early termination of the Lease between US Airways, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 131-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160146: 2011 Lease and Use Agreement - Qantas Airways, Limited - Estimated Rent of $749,411.49 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 160146 [2011 Lease and Use Agreement - Qantas Airways, Limited - Estimated Rent of $749,411.49] Resolution approving the terms of 2011 Lease and Use Agreement No. L15-0275 between Qantas Airways, Limited, and the City and County of San Francisco, acting by and through its Airport Commission, with an estimated rent of $749,411.49 for Exclusive Use Space plus, Joint-Use Space Rental and Landing Fees, for the lease term to commence following Board approval through June 30, 2021. (Airport Commission) (Fiscal Impact) Resolution No. 132-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160216: Emergency Contract - Pilot Construction Management, Inc. - Superbay Hangar Emergency Fire Watch and Interim Foam Fire Suppression System Retrofit - Not to Exceed $4,366,164 - Pages: 10 - Vote 1: adoption, likely final - Action: 160216 [Emergency Contract - Pilot Construction Management, Inc. - Superbay Hangar Emergency Fire Watch and Interim Foam Fire Suppression System Retrofit - Not to Exceed $4,366,164] Resolution approving an emergency public work contract between the Airport Commission and Pilot Construction Management, Inc. under Administrative Code, Section 6.60, for the Superbay Hangar Emergency Fire Watch and Interim Foam Fire Suppression System Retrofit Project in an amount not to exceed $4,366,164. (Airport Commission) (Fiscal Impact) Resolution No. 136-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160256: Accept Gift - Cisco, Inc. - Wi-Fi Equipment - $353,925 - Pages: 10 - Vote 1: adoption, likely final - Action: 160256 [Accept Gift - Cisco, Inc. - Wi-Fi Equipment - $353,925] Sponsor: Mayor Resolution retroactively authorizing the Department of Technology to accept a gift of equipment from Cisco, Inc., with a total value of $353,925 in order to provide free, wireless access to the Internet in San Francisco. Resolution No. 139-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160323: Accept and Expend Gift - Envisions Solar International - Solar Powered Electric Vehicle Chargers - $139,650 - Pages: 10-11 - Vote 1: adoption, likely final - Action: 160323 [Accept and Expend Gift - Envisions Solar International - Solar Powered Electric Vehicle Chargers - $139,650] Sponsors: Farrell; Mar Resolution authorizing the San Francisco Department of the Environment to accept a gift from Envisions Solar International of three solar-powered electric vehicle chargers with a value of $139,650. (Environment) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 142-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160203: Fisherman's Wharf and Fisherman's Wharf Portside Community Benefit Districts - Annual Report to the City - FY2014-2015 - Pages: 11 - Vote 1: adoption, likely final - Action: 160203 [Fisherman's Wharf and Fisherman's Wharf Portside Community Benefit Districts - Annual Report to the City - FY2014-2015] Sponsor: Peskin Resolution receiving and approving the annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside 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 Districts' Management Agreements with the City, Section 3.4. Resolution No. 135-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160287: Ocean Avenue Community Benefit District - Annual Report to the City - FY2014-2015 - Pages: 11 - Vote 1: adoption, likely final - Action: 160287 [Ocean Avenue Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Yee Resolution receiving and approving an annual report for the Ocean Avenue 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. Resolution No. 141-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 140886: Jerry Garcia Commemorative Plaques - Mission Street at Harrington and Amazon Streets - Pages: 11-12 - Vote 1: first-reading - Action: 140886 [Jerry Garcia Commemorative Plaques - Mission Street at Harrington and Amazon Streets] Sponsors: Avalos; Cohen, Mar, Campos and Farrell Ordinance commemorating the Mission Street sidewalk in two locations near Harrington Street and near Amazon Street under Public Works Code, Sections 789 et seq., the Commemorative Street Plaque Ordinance, in honor of the childhood homes of Jerry Garcia, waiving permit and inspection fees for plaque installation, and directing official acts in furtherance of this Ordinance. Supervisors Mar and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160154: Green Building, Environment Codes - Better Roof Requirements for Renewable Energy Facilities - Pages: 12 - Vote 1: amendment - Action: 160154 [Green Building, Environment Codes - Better Roof Requirements for Renewable Energy Facilities] Sponsors: Wiener; Breed Ordinance amending the Green Building Code and the Environment Code to establish requirements for certain new building construction facilitating development of renewable energy facilities; updating provisions of the Green Building requirements for City buildings; setting an operative date of January 1, 2017; providing findings as to local conditions pursuant to the California Health and Safety Code; directing the Clerk of the Board of Supervisors to transmit the ordinance to appropriate State officials; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Breed requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 22, by striking 'use' and adding 'function' after 'primary.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: amendment - Action: Supervisor Wiener, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 21, by striking 'electronic data processing' and adding 'an Internet Services Exchange, as defined in Section 102 of the Planning Code,' after 'Group B occupancy where.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160022: Administrative Code - Due Process for All and Sanctuary - Pages: 12-13 - Vote 1: continuance - Action: 160022 [Administrative Code - Due Process for All and Sanctuary] Sponsors: Avalos; Campos, Kim, Mar and Peskin Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent felony and held to answer for a violent felony. Supervisor Avalos, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of May 10, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160304: Confirming Appointment, Police Commission - Suzy Loftus - Pages: 13-14 - Vote 1: approval, likely final - Action: 160304 [Confirming Appointment, Police Commission - Suzy Loftus] Sponsors: Mayor; Campos Motion confirming the Mayor’s nomination, and appointing Suzy Loftus to the Police Commission for a four-year term ending April 30, 2020. (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 1, 2016) Supervisor Campos requested to be added as a co-sponsor. Motion No. M16-044 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160305: Confirming Appointment, Police Commission - Thomas Mazzucco - Pages: 14 - Vote 1: approval, likely final - Action: 160305 [Confirming Appointment, Police Commission - Thomas Mazzucco] Sponsors: Mayor; Campos Motion confirming the Mayor’s nomination, and appointing Thomas Mazzucco to the Police Commission for a four-year term ending April 30, 2020. (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 1, 2016) Supervisor Campos requested to be added as a co-sponsor. Motion No. M16-045 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160349: Committee of the Whole - Report of Assessment Costs for Blighted Properties - Pages: 15-16 ### File 160352: Final Map 7724 - 340 Fremont Street - Pages: 16 ### File 160353: Final Map 8008 - 1440-1450 Filbert Street - Pages: 16 ### File 160354: Final Map 8285 - 399 Fremont Street - Pages: 16 ### File 160355: Final Map 8339 - 158 Laidley Street - Pages: 16-17 - Vote 1: approval, likely final - Action: 160355 [Final Map 8339 - 158 Laidley Street] Motion approving Final Map 8339, a five residential unit condominium project, located at 158 Laidley Street, being a subdivision of Assessor’s Parcel Block No. 6665, Lot No. 056, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-050 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160258: Supporting California State Senate Bill 1286 (Leno) - Increasing Law Enforcement Transparency - Pages: 17-18 - Vote 1: amendment - Action: 160258 [Supporting California State Senate Bill 1286 (Leno) - Increasing Law Enforcement Transparency] Sponsors: Cohen; Breed, Kim, Avalos, Peskin, Mar, Yee and Campos 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. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 4, by striking ‘s’ after ‘Senator’, and adding ‘Holly Mitchell and John Moorlach’ after ‘Mark Leno’; and on Page 2, Line 1, by striking ‘residents’ and adding ‘members of the public’ after ‘also gives’, Lines 2 through 3, by adding ‘while also providing protections for officers from frivolous and oppressive complaints from members of the public’, and Lines 4 through 6, by striking ‘WHEREAS, SB 1286 would allow local governments to determine whether public hearings and administrative appeals should be held on allegations of peace officer misconduct; and’. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: referral - Action: Resolution supporting California State Senate Bill 1286, authored by Senators Mark Leno, Holly Mitchell and John Moorlach, improving government transparency and accountability by allowing the public to access information on police misconduct and use of force. Supervisor Wiener, seconded by Supervisor Peskin, moved to waive Board Rule 2.10 (Committee Reference) requiring that this Resolution be referred to a committee for public hearing. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: adoption, likely final - Action: Supervisor Wiener requested that the question be DIVIDED to consider separately the Resolved clause on Page 2, Lines 12 through 14, that states 'RESOLVED, the San Francisco Board of Supervisors commends Senator Mark Leno for his leadership and efforts to create enhanced transparency into our law enforcement agencies; and, be it'. Resolution No. 140-16 The divided question relating to the Resolved clause on Page 2, Lines 12 through 14, was NOT ADOPTED by the following vote: - Ayes: Breed, Farrell, Tang, Wiener - Noes: Avalos, Campos, Cohen, Kim, Mar, Peskin, Yee - Vote 4: amendment - Action: Failure of the divided question resulted in the striking of the Resolved clause on Page 2, Lines 12 through 14. Supervisor Peskin, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 12, by striking 'FURTHER' before 'RESOLVED'. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 5: adoption, likely final - Action: The remaining balance of the Resolution was ADOPTED AS AMENDED AND DIVIDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Yee - Noes: Farrell, Tang, Wiener ### File 160372: Urging the California Attorney General to Investigate the Racist Text Messages and Practices of the San Francisco Police Department - Pages: 18 - Vote 1: continuance - Action: 160372 [Urging the California Attorney General to Investigate the Racist Text Messages and Practices of the San Francisco Police Department] Sponsors: Cohen; Kim, Yee, Mar and Campos Resolution urging California Attorney General Kamala Harris initiate a civil-rights investigation, pursuant to California Civil Code, Section 52.3, into the San Francisco Police Department’s racist text messages and practices. Supervisors Mar and Campos requested to be added as co-sponsors. Supervisor Cohen, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 26, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160373: Asian Pacific American Heritage Month, Day of Commendation - First Tuesday of May - Pages: 18-19 - Vote 1: adoption, likely final - Action: 160373 [Asian Pacific American Heritage Month, Day of Commendation - First Tuesday of May] Sponsors: Mar; Kim, Tang, Yee, Peskin, Breed, Cohen and Campos Resolution declaring the first Tuesday of May each year as the Board of Supervisors' commendation date in celebration of Asian Pacific American Heritage Month, and in recognition of outstanding Asian Pacific Americans in each of the eleven Districts in the City and County of San Francisco. Supervisors Peskin, Breed, Cohen, and Campos requested to be added as co-sponsors. Resolution No. 143-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160374: Commending the Golden State Warriors for a Historic and Record-Breaking Season - Pages: 19 - Vote 1: amendment - Action: 160374 [Commending the Golden State Warriors for a Historic and Record-Breaking Season] Sponsors: Tang; Farrell, Kim, Yee, Cohen, Breed and Campos Resolution commending the Golden State Warriors for tying the record for most victories in a season with 72 wins during the 2015-2016 National Basketball Association season and wishing the team the best of luck in the postseason. Supervisors Cohen, Breed, and Campos requested to be added as co-sponsors. Supervisor Tang moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by updating the language to reflect the current breaking record of the Golden State Warriors. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: adoption, likely final - Action: ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: rescission - Action: Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous votes because a second was not attained for the motion that the Resolution be AMENDED. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 4: amendment - Action: Supervisor Tang, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by updating the language to reflect the current breaking record of the Golden State Warriors. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 5: adoption, likely final - Action: Resolution commending the Golden State Warriors for breaking the record for most victories in a season with 73 wins during the 2015-2016 National Basketball Association season and wishing the team the best of luck in the postseason. Resolution No. 144-16 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160375: Urging the Department of Human Resources to Analyze and Implement Strategies to Reduce Implicit Bias in Recruitment for Employment - Pages: 19-20 - Vote 1: amendment - Action: 160375 [Urging the Department of Human Resources to Analyze and Implement Strategies to Reduce Implicit Bias in Recruitment for Employment] Sponsors: Tang; Kim, Cohen, Farrell, Yee, Mar and Avalos Resolution urging the Department of Human Resources (DHR) to analyze strategies and create a plan to reduce implicit bias in the hiring process for City and County of San Francisco employment, and further urging DHR to report its findings and plan to the Board of Supervisors by June 2016. Supervisors Mar and Avalos requested to be added as co-sponsors. Supervisor Tang, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by changing references to ‘ethnic sounding names’ to ‘names associated with another ethnic community.’ The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: adoption, likely final - Action: Resolution No. 145-16 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160376: Committee of the Whole - Joint Meeting with the San Francisco Youth Commission - Charter Amendment (File No. 150267) - Sixteen and Seventeen-Year-Old Voting for Municipal Elections - May 3, 2016 - Pages: 20 - Vote 1: approval, likely final - Action: 160376 [Committee of the Whole - Joint Meeting with the San Francisco Youth Commission - Charter Amendment (File No. 150267) - Sixteen and Seventeen-Year-Old Voting for Municipal Elections - May 3, 2016] Sponsor: Avalos Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 3, 2016, at 5:00 p.m., in a joint meeting with the San Francisco Youth Commission, to hold a public hearing to consider the proposed Charter Amendment (File No. 150267) authorizing sixteen and seventeen-year-olds to vote in municipal elections, to be proposed to the voters at the November 8, 2016, election. Motion No. M16-051 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Noes: Cohen ### File 160380: Steve Gibson Day - April 21, 2016 - Pages: 20-21 - Vote 1: adoption, likely final - Action: 160380 [Steve Gibson Day - April 21, 2016] Sponsor: Wiener Resolution declaring April 21, 2016, to be Steve Gibson Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to Steve Gibson Day as referenced in File No. 160380. There were no speakers. The President declared public comment closed. Resolution No. 146-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160381: Charter Amendment and Business and Tax Regulations Code - City Responsibility and Parcel Tax for Street Trees - Pages: 21 ### File 160382: Administrative Code - Establishing Downtown Neighborhoods Preservation Fund; Street Vacation and Sale of Property at Jessie Street and Elim Alley - Oceanwide Center, LLC - Oceanwide Center Project - Approximately $36,000,000 - Pages: 21-22 ### File 160383: Environment Code - Food Service and Packaging Waste Reduction - Pages: 22 ### File 160384: Transportation Code - Fiscal Feasibility Determination for Major Events - Pages: 22 ### File 160385: Transportation Code - Fare Evasion and Passenger Conduct Regulations - Pages: 22 ### File 160386: Amending Ordinance No. 16-10 - Collection and Levy of Special Taxes - Tax District No. 2009-1 (San Francisco Sustainable Financing) - Accessibility Modifications and Improvements to Privately Owned Buildings or Real Property - Pages: 22 ### File 160387: Resolution of Intent - Street Vacation - Portions of Jessie Street and Elim Alley - Oceanwide Project - Pages: 22-23 ### File 160388: Option Agreement - Sale of Transbay Block 4 - F4 Transbay Partners, LLC - $45,000,000 - Pages: 23 ### File 160390: Public Works Week - April 25-29, 2016 - Pages: 23 ### File 160391: Opposing California State Senate Bill 1102 (McGuire) - Short-Term Rentals and Collection of Transient Occupancy Taxes - Pages: 23 ### File 160392: KFOG DJ Appreciation Day - April 20, 2016 - Pages: 23 ### File 160393: Hearing - Ocean Beach Safety Monitoring - Pages: 23-24 ### File 160394: Hearing - Lien on Voice of Pentecost Church and Auction of El Rey Theatre - Pages: 24 ### File 160350: Hearing - Report of Assessment Costs for Blighted Properties - Pages: 24 ### File 160395: Hearing - Joint Meeting with the San Francisco Youth Commission - Charter Amendment (File No. 150267) - Sixteen- and Seventeen-Year-Old Voting for Municipal Elections - Pages: 24 ### File 160346: Planning Code - Mid-Block Alley and Rooftop Screening and Enclosure Controls - Pages: 24-25 ### File 160347: General Plan Amendment - Affordable Housing Bonus Programs - Pages: 25 ### File 160348: Real Property Sale - Easement to JWG McHenry, LLC, and City of Modesto - Portion of San Francisco Public Utilities Commission Parcel 656, Modesto, Stanislaus County - $35,000 - Pages: 25 ### File 160351: Report of Assessment Costs for Blighted Properties - Pages: 25-26 ## Extracted text ### [Page 1](https://sfbos.info/documents/338/2016-04-19-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 19, 2016 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting LONDON BREED, PRESIDENT JOHN AVALOS, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, AARON PESKIN, KATY TANG, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES 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 Volume 111 Number 12 ### [Page 2](https://sfbos.info/documents/338/2016-04-19-minutes#page-2) Board of Supervisors Meeting Minutes 4/19/2016 Members Present: John Avalos, London Breed, David Campos, Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, Aaron Peskin, Katy Tang, Scott Wiener, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, April 19, 2016, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President London Breed called the meeting to order at 2:04 p.m. On the call of the roll, Supervisor Mar was not present. There was a quorum. Supervisor Mar was noted present at 2:05 p.m. COMMUNICATIONS There were no communications. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of March 15, 2016, or the Budget and Finance Committee Meeting Minutes of March 16, 2016. There were no corrections. Supervisor Farrell, seconded by Supervisor Campos, moved to approve the Board Meeting Minutes of March 15, 2016, and the Budget and Finance Committee Meeting Minutes of March 16, 2016. The motion carried by the following vote, following general public comment: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee AGENDA CHANGES There were no agenda changes. SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board There were no questions submitted from Supervisors representing the even districts. Mayor Edwin Lee addressed the Board of Supervisors on the anniversary of the “The Great 1906 San Francisco Earthquake,” he encouraged everyone to visit www.sf72.org to make emergency preparedness plans, and further discussed the City’s Navigation Centers to address homelessness in San Francisco. Following public comment this matter was filed. No further action was taken. City and County of San Francisco Page 256 Printed at 9:30 am on 5/27/16 ### [Page 3](https://sfbos.info/documents/338/2016-04-19-minutes#page-3) Board of Supervisors Meeting Minutes 4/19/2016 CONSENT AGENDA Recommendation of the Budget and Finance Committee 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) Ordinance No. 063-16 FINALLY PASSED Recommendations of the Budget and Finance Sub-Committee 151080 [Administrative Code - Establishing Mayor’s Nuisance Abatement Revolving Loan Fund] Sponsors: Wiener; Cohen 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. Ordinance No. 058-16 FINALLY PASSED City and County of San Francisco Page 257 Printed at 9:30 am on 5/27/16 ### [Page 4](https://sfbos.info/documents/338/2016-04-19-minutes#page-4) Board of Supervisors Meeting Minutes 4/19/2016 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) Ordinance No. 061-16 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 160128 [Settlement of Lawsuits - California Department of Health Care Services - City to Receive $928,763.44] Ordinance authorizing settlement of the lawsuits filed by the City and County of San Francisco against the California Department of Health Care Services, et al., for $928,763.44; the lawsuits were filed on July 24, 2007, and November 3, 2008, in San Francisco Superior Court, Case Nos. CPF-07-507445 and CPF-08-508951; both lawsuits are entitled City and County of San Francisco v. Sandra Shewry, Director of the Department of Health Care Services, State of California, et al.; to compel respondents to approve and pay Short Doyle Medi-Cal claims and implement an appeal procedure for denied claims. (City Attorney) PASSED, ON FIRST READING 160130 [Settlement of Lawsuit - Roque and Sonia Ballesteros - $79,000] Ordinance authorizing settlement of the lawsuit filed by Roque and Sonia Ballesteros against the City and County of San Francisco for $79,000; the lawsuit was filed on December 31, 2015, in San Francisco Superior Court, Case No. CGC 15-549684; entitled Roque Ballesteros, et al. v. City of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 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) PASSED, ON FIRST READING City and County of San Francisco Page 258 Printed at 9:30 am on 5/27/16 ### [Page 5](https://sfbos.info/documents/338/2016-04-19-minutes#page-5) Board of Supervisors Meeting Minutes 4/19/2016 160131 [Settlement of Unlitigated Claim - Pacific Gas and Electric Company - $37,872.50] Resolution approving the settlement of the unlitigated claim filed by the Pacific Gas and Electric Company against the City and County of San Francisco for $37,872.50; claim was filed on August 27, 2015. (City Attorney) Resolution No. 129-16 ADOPTED 160132 [Settlement of Unlitigated Claim - Frank Fong - $44,992] Resolution approving the settlement of the unlitigated claim filed by Frank Fong against the City and County of San Francisco for $44,992; claim was filed on November 19, 2015. (City Attorney) Resolution No. 130-16 ADOPTED 160191 [Settlement of Unlitigated Claim - Robert Monte - $145,000] Resolution approving the settlement of the unlitigated claim filed by Robert Monte against the City and County of San Francisco for $145,000; claim was filed on June 12, 2015; the claim involves an alleged injury on a City sidewalk. (City Attorney) Resolution No. 133-16 ADOPTED 160192 [Settlement of Unlitigated Claim - Diane Alcala - $225,000] Resolution approving the settlement of the unlitigated claim filed by Diane Alcala against the City and County of San Francisco for $225,000; claim was filed on February 4, 2010; the claim involves an employment dispute. (City Attorney) Resolution No. 134-16 ADOPTED 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) Resolution No. 137-16 ADOPTED 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) Resolution No. 138-16 ADOPTED City and County of San Francisco Page 259 Printed at 9:30 am on 5/27/16 ### [Page 6](https://sfbos.info/documents/338/2016-04-19-minutes#page-6) Board of Supervisors Meeting Minutes 4/19/2016 Recommendations of the Land Use and Transportation Committee 151081 [Building Code - Permit Suspension for Repeat Violations] Sponsors: Wiener; Cohen and Tang 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. Ordinance No. 059-16 FINALLY PASSED 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. Ordinance No. 060-16 FINALLY PASSED 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. Ordinance No. 064-16 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 260 Printed at 9:30 am on 5/27/16 ### [Page 7](https://sfbos.info/documents/338/2016-04-19-minutes#page-7) Board of Supervisors Meeting Minutes 4/19/2016 REGULAR AGENDA UNFINISHED BUSINESS From the Board 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. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding findings related to the response prepared by the Office of Community Investment and Infrastructure to the written objections received. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Recommendations of the Land Use and Transportation Committee 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) Ordinance No. 065-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 261 Printed at 9:30 am on 5/27/16 ### [Page 8](https://sfbos.info/documents/338/2016-04-19-minutes#page-8) Board of Supervisors Meeting Minutes 4/19/2016 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. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by exempting The Humidor from the prohibition on issuing a permit for a location within 500 feet of another permitted establishment, and from the prohibition on issuing a permit for a location not previously occupied by a permitted establishment. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Ordinance exempting The Humidor, formerly located at 275 Battery Street, from four 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 for a location within 500 feet of another permitted establishment, issuing the permit in a Supervisorial District with 45 or more such permits, issuing the permit for a location not previously occupied by a permitted establishment, and issuing the permit to a tobacco shop. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee NEW BUSINESS Recommendation of the Budget and Finance Committee 160152 [Appropriation - Office of Small Business in the Mayor’s Office of Economic and Workforce Development - $306,250 from the General Reserve - FY2015-2016] Sponsors: Campos; Peskin Ordinance appropriating $343,359 from the General Reserve for grants and related administrative costs for the Legacy Business Registry and Historic Preservation Fund in the Office of Small Business in the Mayor’s Office of Economic and Workforce Development in FY2015-2016. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Wiener, seconded by Supervisor Cohen, moved to rescind the previous vote to allow additional discussion on the matter. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 262 Printed at 9:30 am on 5/27/16 ### [Page 9](https://sfbos.info/documents/338/2016-04-19-minutes#page-9) Board of Supervisors Meeting Minutes 4/19/2016 Recommendations of the Budget and Finance Sub-Committee 141118 [Building Code - Building Façade Inspection and Maintenance and Establishing Fee] Sponsors: Mayor; Farrell, Mar, Tang, Wiener, Breed and Yee Ordinance amending the Building Code to require that 1) the façades of certain buildings having five or more stories be inspected periodically by a licensed architect or engineer; 2) inspection reports be submitted to the owner and the Department of Building Inspection according to an inspection and reporting schedule; 3) maintenance of the façades be conducted in accordance with an Administrative Bulletin that is based on a national standard; 4) establishing a fee to compensate the Department for review and related evaluation processing; 5) making findings, including environmental findings, and findings under the California Health and Safety Code; and 6) directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160145 [Airport Lease and Use Agreement Modification - Early Termination - US Airways, Inc.] Resolution approving Modification No. 1 to the 2011 Lease and Use Agreement L10-0276, granting the early termination of the Lease between US Airways, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 131-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160146 [2011 Lease and Use Agreement - Qantas Airways, Limited - Estimated Rent of $749,411.49] Resolution approving the terms of 2011 Lease and Use Agreement No. L15-0275 between Qantas Airways, Limited, and the City and County of San Francisco, acting by and through its Airport Commission, with an estimated rent of $749,411.49 for Exclusive Use Space plus, Joint-Use Space Rental and Landing Fees, for the lease term to commence following Board approval through June 30, 2021. (Airport Commission) (Fiscal Impact) Resolution No. 132-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 263 Printed at 9:30 am on 5/27/16 ### [Page 10](https://sfbos.info/documents/338/2016-04-19-minutes#page-10) Board of Supervisors Meeting Minutes 4/19/2016 160216 [Emergency Contract - Pilot Construction Management, Inc. - Superbay Hangar Emergency Fire Watch and Interim Foam Fire Suppression System Retrofit - Not to Exceed $4,366,164] Resolution approving an emergency public work contract between the Airport Commission and Pilot Construction Management, Inc. under Administrative Code, Section 6.60, for the Superbay Hangar Emergency Fire Watch and Interim Foam Fire Suppression System Retrofit Project in an amount not to exceed $4,366,164. (Airport Commission) (Fiscal Impact) Resolution No. 136-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160256 [Accept Gift - Cisco, Inc. - Wi-Fi Equipment - $353,925] Sponsor: Mayor Resolution retroactively authorizing the Department of Technology to accept a gift of equipment from Cisco, Inc., with a total value of $353,925 in order to provide free, wireless access to the Internet in San Francisco. Resolution No. 139-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160323 [Accept and Expend Gift - Envisions Solar International - Solar Powered Electric Vehicle Chargers - $139,650] Sponsors: Farrell; Mar Resolution authorizing the San Francisco Department of the Environment to accept a gift from Envisions Solar International of three solar-powered electric vehicle chargers with a value of $139,650. (Environment) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 142-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 264 Printed at 9:30 am on 5/27/16 ### [Page 11](https://sfbos.info/documents/338/2016-04-19-minutes#page-11) Board of Supervisors Meeting Minutes 4/19/2016 Recommendations of the Government Audit and Oversight Committee President Breed requested File Nos. 160203 and 160287 be called together. 160203 [Fisherman's Wharf and Fisherman's Wharf Portside Community Benefit Districts - Annual Report to the City - FY2014-2015] Sponsor: Peskin Resolution receiving and approving the annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside 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 Districts' Management Agreements with the City, Section 3.4. Resolution No. 135-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160287 [Ocean Avenue Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Yee Resolution receiving and approving an annual report for the Ocean Avenue 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. Resolution No. 141-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Recommendations of the Land Use and Transportation Committee 140886 [Jerry Garcia Commemorative Plaques - Mission Street at Harrington and Amazon Streets] Sponsors: Avalos; Cohen, Mar, Campos and Farrell Ordinance commemorating the Mission Street sidewalk in two locations near Harrington Street and near Amazon Street under Public Works Code, Sections 789 et seq., the Commemorative Street Plaque Ordinance, in honor of the childhood homes of Jerry Garcia, waiving permit and inspection fees for plaque installation, and directing official acts in furtherance of this Ordinance. Supervisors Mar and Campos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 265 Printed at 9:30 am on 5/27/16 ### [Page 12](https://sfbos.info/documents/338/2016-04-19-minutes#page-12) Board of Supervisors Meeting Minutes 4/19/2016 160154 [Green Building, Environment Codes - Better Roof Requirements for Renewable Energy Facilities] Sponsors: Wiener; Breed Ordinance amending the Green Building Code and the Environment Code to establish requirements for certain new building construction facilitating development of renewable energy facilities; updating provisions of the Green Building requirements for City buildings; setting an operative date of January 1, 2017; providing findings as to local conditions pursuant to the California Health and Safety Code; directing the Clerk of the Board of Supervisors to transmit the ordinance to appropriate State officials; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Breed requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 22, by striking 'use' and adding 'function' after 'primary.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Wiener, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 21, by striking 'electronic data processing' and adding 'an Internet Services Exchange, as defined in Section 102 of the Planning Code,' after 'Group B occupancy where.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Recommendation of the Public Safety and Neighborhood Services Committee 160022 [Administrative Code - Due Process for All and Sanctuary] Sponsors: Avalos; Campos, Kim, Mar and Peskin Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent felony and held to answer for a violent felony. Supervisor Avalos, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of May 10, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 266 Printed at 9:30 am on 5/27/16 ### [Page 13](https://sfbos.info/documents/338/2016-04-19-minutes#page-13) Board of Supervisors Meeting Minutes 4/19/2016 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Cohen, seconded by Supervisor Tang, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Cohen introduced, welcomed, and presented a Certificate of Honor to Ronnie Singh of the San Francisco District Attorney’s Office in recognition of her many accomplishments and work in preventing human trafficking. Supervisor Tang introduced, welcomed, and presented a Certificate of Honor to Sgt. Tony Flores of the San Francisco Police Department in recognition of his many accomplishments and work in preventing human trafficking. Supervisor Yee introduced, welcomed, and presented a Certificate of Honor to the San Francisco Court Appointed Special Advocate Program in recognition of their many accomplishments and continued community support in providing critical support services to the most vulnerable children in San Francisco. COMMITTEE REPORTS Recommendations of the Rules Committee 160304 [Confirming Appointment, Police Commission - Suzy Loftus] Sponsors: Mayor; Campos Motion confirming the Mayor’s nomination, and appointing Suzy Loftus to the Police Commission for a four-year term ending April 30, 2020. (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 1, 2016) Supervisor Campos requested to be added as a co-sponsor. Motion No. M16-044 APPROVED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 267 Printed at 9:30 am on 5/27/16 ### [Page 14](https://sfbos.info/documents/338/2016-04-19-minutes#page-14) Board of Supervisors Meeting Minutes 4/19/2016 160305 [Confirming Appointment, Police Commission - Thomas Mazzucco] Sponsors: Mayor; Campos Motion confirming the Mayor’s nomination, and appointing Thomas Mazzucco to the Police Commission for a four-year term ending April 30, 2020. (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 1, 2016) Supervisor Campos requested to be added as a co-sponsor. Motion No. M16-045 APPROVED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 268 Printed at 9:30 am on 5/27/16 ### [Page 15](https://sfbos.info/documents/338/2016-04-19-minutes#page-15) Board of Supervisors Meeting Minutes 4/19/2016 PUBLIC COMMENT Male Speaker; shared various religious concerns. Andrew Yip; shared his various experiences with the Board. Female Speaker; expressed her support of Item No. 37 (File No. 160373) related to Asian Pacific American Heritage Month, Day of Commendation. Male Speaker; spoke on various concerns related to equity. John Finch; shared his concerns regarding the San Francisco Police Department’s use of firearms. Walter Paulson; shared in song various concerns with the Board. Christopher Dahl; shared his concerns regarding climate and sea level change. Leah LaCroix; expressed her support of Item No. 45 (File No. 160376) related to the Committee of the Whole Joint Meeting with the Youth Commission. Male Speaker; expressed his support of Item No. 37 (File No. 160373) related to Asian Pacific American Heritage Month, Day of Commendation. Ace Washington; shared his concerns regarding City programs. Candy Meryl; shared her experiences living in an SRO within San Francisco. Steven Calvin; requested the Board investigate violations at an SRO in San Francisco. Jack Ribbon; shared his various concerns regarding housing conditions within San Francisco. Mario Yedidia; shared concerns regarding residential SRO hotels being used for tourist hotel stock. Rio Shar; shared concerns regarding residential SRO hotels being used for tourist hotel stock. Kevin Stall; shared concerns regarding residential SRO hotels being used for tourist hotel stock. Alicia; shared concerns regarding residential SRO hotels being used for tourist hotel stock. Abraham Thompson; shared his concerns related to a marching band not being accepted for the Cherry Blossom Parade. Jean Chou; shared her concerns related to a marching band not being accepted for the Cherry Blossom Parade. Female Speaker; shared her concerns related to a marching band not being accepted for the Cherry Blossom Parade. Wei Jiang; shared her concerns related to a marching band not being accepted for the Cherry Blossom Parade. Male Speaker; shared his concerns related to a marching band not being accepted for the Cherry Blossom Parade. Eleanor Courtney; shared concerns regarding residential SRO hotels being used for tourist hotel stock. Tom Gilberty; shared his concerns regarding affordable housing that is inclusionary. Otto Duffy; shared his concerns regarding the Primary Elections and residential SRO hotels. Female Speaker; shared her concerns regarding low-income housing and smoke-free housing. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 160349 [Committee of the Whole - Report of Assessment Costs for Blighted Properties] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 17, 2016, at 3:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) Motion No. M16-046 APPROVED City and County of San Francisco Page 269 Printed at 9:30 am on 5/27/16 ### [Page 16](https://sfbos.info/documents/338/2016-04-19-minutes#page-16) Board of Supervisors Meeting Minutes 4/19/2016 160352 [Final Map 7724 - 340 Fremont Street] Motion approving Final Map 7724, a 348 residential unit condominium project, located at 340 Fremont Street, being a subdivision of Assessor’s Parcel Block No. 3748, Lot Nos. 006, 007, 008, 009, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-047 APPROVED 160353 [Final Map 8008 - 1440-1450 Filbert Street] Motion approving Final Map 8008, a six residential unit Condominium Project, located at 1440-1450 Filbert Street, being a subdivision of Assessor’s Parcel Block No. 0523, Lot No. 043, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-048 APPROVED 160354 [Final Map 8285 - 399 Fremont Street] Motion approving Final Map 8285, a 447 residential unit and one commercial unit mixed-use condominium project, located at 399 Fremont Street, being a subdivision of Assessor’s Parcel Block No. 3747, Lot No. 320, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-049 APPROVED 160355 [Final Map 8339 - 158 Laidley Street] Motion approving Final Map 8339, a five residential unit condominium project, located at 158 Laidley Street, being a subdivision of Assessor’s Parcel Block No. 6665, Lot No. 056, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-050 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 270 Printed at 9:30 am on 5/27/16 ### [Page 17](https://sfbos.info/documents/338/2016-04-19-minutes#page-17) Board of Supervisors Meeting Minutes 4/19/2016 Severed from the For Adoption Without Committee Reference Agenda Supervisor Cohen requested that File Nos. 160258 and 160372 be severed so that they may be considered separately. 160258 [Supporting California State Senate Bill 1286 (Leno) - Increasing Law Enforcement Transparency] Sponsors: Cohen; Breed, Kim, Avalos, Peskin, Mar, Yee and Campos 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. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 4, by striking ‘s’ after ‘Senator’, and adding ‘Holly Mitchell and John Moorlach’ after ‘Mark Leno’; and on Page 2, Line 1, by striking ‘residents’ and adding ‘members of the public’ after ‘also gives’, Lines 2 through 3, by adding ‘while also providing protections for officers from frivolous and oppressive complaints from members of the public’, and Lines 4 through 6, by striking ‘WHEREAS, SB 1286 would allow local governments to determine whether public hearings and administrative appeals should be held on allegations of peace officer misconduct; and’. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Resolution supporting California State Senate Bill 1286, authored by Senators Mark Leno, Holly Mitchell and John Moorlach, improving government transparency and accountability by allowing the public to access information on police misconduct and use of force. Supervisor Wiener, seconded by Supervisor Peskin, moved to waive Board Rule 2.10 (Committee Reference) requiring that this Resolution be referred to a committee for public hearing. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Wiener requested that the question be DIVIDED to consider separately the Resolved clause on Page 2, Lines 12 through 14, that states 'RESOLVED, the San Francisco Board of Supervisors commends Senator Mark Leno for his leadership and efforts to create enhanced transparency into our law enforcement agencies; and, be it'. Resolution No. 140-16 The divided question relating to the Resolved clause on Page 2, Lines 12 through 14, was NOT ADOPTED by the following vote: Ayes: 4 - Breed, Farrell, Tang, Wiener Noes: 7 - Avalos, Campos, Cohen, Kim, Mar, Peskin, Yee Failure of the divided question resulted in the striking of the Resolved clause on Page 2, Lines 12 through 14. Supervisor Peskin, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 12, by striking 'FURTHER' before 'RESOLVED'. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee The remaining balance of the Resolution was ADOPTED AS AMENDED AND DIVIDED by the following vote: Ayes: 8 - Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Yee Noes: 3 - Farrell, Tang, Wiener City and County of San Francisco Page 271 Printed at 9:30 am on 5/27/16 ### [Page 18](https://sfbos.info/documents/338/2016-04-19-minutes#page-18) Board of Supervisors Meeting Minutes 4/19/2016 160372 [Urging the California Attorney General to Investigate the Racist Text Messages and Practices of the San Francisco Police Department] Sponsors: Cohen; Kim, Yee, Mar and Campos Resolution urging California Attorney General Kamala Harris initiate a civil-rights investigation, pursuant to California Civil Code, Section 52.3, into the San Francisco Police Department’s racist text messages and practices. Supervisors Mar and Campos requested to be added as co-sponsors. Supervisor Cohen, seconded by Supervisor Campos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 26, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Mar requested that File No. 160373 be severed so that it may be considered separately. 160373 [Asian Pacific American Heritage Month, Day of Commendation - First Tuesday of May] Sponsors: Mar; Kim, Tang, Yee, Peskin, Breed, Cohen and Campos Resolution declaring the first Tuesday of May each year as the Board of Supervisors' commendation date in celebration of Asian Pacific American Heritage Month, and in recognition of outstanding Asian Pacific Americans in each of the eleven Districts in the City and County of San Francisco. Supervisors Peskin, Breed, Cohen, and Campos requested to be added as co-sponsors. Resolution No. 143-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Tang requested that File Nos. 160374 amd 160375 be severed so that they may be considered separately. City and County of San Francisco Page 272 Printed at 9:30 am on 5/27/16 ### [Page 19](https://sfbos.info/documents/338/2016-04-19-minutes#page-19) Board of Supervisors Meeting Minutes 4/19/2016 160374 [Commending the Golden State Warriors for a Historic and Record-Breaking Season] Sponsors: Tang; Farrell, Kim, Yee, Cohen, Breed and Campos Resolution commending the Golden State Warriors for tying the record for most victories in a season with 72 wins during the 2015-2016 National Basketball Association season and wishing the team the best of luck in the postseason. Supervisors Cohen, Breed, and Campos requested to be added as co-sponsors. Supervisor Tang moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by updating the language to reflect the current breaking record of the Golden State Warriors. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous votes because a second was not attained for the motion that the Resolution be AMENDED. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Tang, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by updating the language to reflect the current breaking record of the Golden State Warriors. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Resolution commending the Golden State Warriors for breaking the record for most victories in a season with 73 wins during the 2015-2016 National Basketball Association season and wishing the team the best of luck in the postseason. Resolution No. 144-16 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160375 [Urging the Department of Human Resources to Analyze and Implement Strategies to Reduce Implicit Bias in Recruitment for Employment] Sponsors: Tang; Kim, Cohen, Farrell, Yee, Mar and Avalos Resolution urging the Department of Human Resources (DHR) to analyze strategies and create a plan to reduce implicit bias in the hiring process for City and County of San Francisco employment, and further urging DHR to report its findings and plan to the Board of Supervisors by June 2016. Supervisors Mar and Avalos requested to be added as co-sponsors. Supervisor Tang, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by changing references to ‘ethnic sounding names’ to ‘names associated with another ethnic community.’ The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Resolution No. 145-16 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Avalos requested that File No. 160376 be severed so that it may be considered separately. City and County of San Francisco Page 273 Printed at 9:30 am on 5/27/16 ### [Page 20](https://sfbos.info/documents/338/2016-04-19-minutes#page-20) Board of Supervisors Meeting Minutes 4/19/2016 160376 [Committee of the Whole - Joint Meeting with the San Francisco Youth Commission - Charter Amendment (File No. 150267) - Sixteen and Seventeen-Year-Old Voting for Municipal Elections - May 3, 2016] Sponsor: Avalos Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 3, 2016, at 5:00 p.m., in a joint meeting with the San Francisco Youth Commission, to hold a public hearing to consider the proposed Charter Amendment (File No. 150267) authorizing sixteen and seventeen-year-olds to vote in municipal elections, to be proposed to the voters at the November 8, 2016, election. Motion No. M16-051 APPROVED by the following vote: Ayes: 10 - Avalos, Breed, Campos, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Noes: 1 - Cohen IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Farrell, seconded by Supervisor Wiener, moved ADOPTION of the commendatory finding. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee [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. Supervisor Wiener, seconded by Supervisor Farrell, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160380 [Steve Gibson Day - April 21, 2016] Sponsor: Wiener Resolution declaring April 21, 2016, to be Steve Gibson Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to Steve Gibson Day as referenced in File No. 160380. There were no speakers. The President declared public comment closed. Resolution No. 146-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 274 Printed at 9:30 am on 5/27/16 ### [Page 21](https://sfbos.info/documents/338/2016-04-19-minutes#page-21) Board of Supervisors Meeting Minutes 4/19/2016 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Charter Amendments 160381 [Charter Amendment and Business and Tax Regulations Code - City Responsibility and Parcel Tax for Street Trees] Sponsor: Wiener Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to transfer responsibility for the maintenance of street trees to the City and establish a special fund primarily to pay for such maintenance and the maintenance of trees on San Francisco Unified School District property; to amend the Business and Tax Regulations Code to add a special parcel tax primarily to fund the City’s maintenance of street trees and the maintenance of trees on San Francisco Unified School District property; to increase the City’s appropriations limit by the amount of the parcel tax for four years from November 8, 2016; and to affirm the Planning Department’s determination under the California Environmental Quality Act. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/19/2016. Ordinances 160382 [Administrative Code - Establishing Downtown Neighborhoods Preservation Fund; Street Vacation and Sale of Property at Jessie Street and Elim Alley - Oceanwide Center, LLC - Oceanwide Center Project - Approximately $36,000,000] Sponsor: Mayor Ordinance vacating a portion of Jessie Street and a portion of Elim Alley northwest of Mission and First Streets in connection with the Oceanwide Center Project at 50 First Street; approving and authorizing the sale and quitclaim of City's interest in the approximately 5,000 square foot vacation area; authorizing the City’s Director of Property to execute an agreement for the sale of real estate for the vacated area by and between the City and Oceanwide Center, LLC; approving a vehicular and pedestrian easement and an overland water flow easement over a portion of Assessor's Parcel Block No. 3708, Lot No. 012, where Jessie Street will be rerouted; approving an emergency vehicle access easement and a large truck access easement; accepting the Public Works Order concerning the street vacations; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the street vacation and all other actions contemplated in this Ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/19/2016. City and County of San Francisco Page 275 Printed at 9:30 am on 5/27/16 ### [Page 22](https://sfbos.info/documents/338/2016-04-19-minutes#page-22) Board of Supervisors Meeting Minutes 4/19/2016 160383 [Environment Code - Food Service and Packaging Waste Reduction] Sponsors: Breed; Peskin Ordinance amending the Environment Code to prohibit the sale of food service ware and other specified products including packing materials that are made from polystyrene foam or that are non-recyclable and non-compostable; setting an operative date of January 1, 2017; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 5/19/2016. 160384 [Transportation Code - Fiscal Feasibility Determination for Major Events] Sponsors: Kim, Peskin, Avalos and Mar Ordinance amending the Transportation Code to prohibit the Interdepartmental Staff Committee on Traffic and Transportation from reviewing or approving a major event lasting five or more consecutive days and fully occupying two or more blocks, unless the Board of Supervisors has first determined that the event is fiscally feasible and responsible. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/19/2016. 160385 [Transportation Code - Fare Evasion and Passenger Conduct Regulations] Sponsors: Mar and Campos Ordinance amending the Transportation Code to consolidate and clarify existing fare evasion regulations, revise passenger conduct violations to make consistent with recent state law changes, and authorize the San Francisco Municipal Transportation Agency to establish separate fine amounts for fare evasion and passenger conduct violations committed by youth; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) 04/19/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/19/2016. 160386 [Amending Ordinance No. 16-10 - Collection and Levy of Special Taxes - Tax District No. 2009-1 (San Francisco Sustainable Financing) - Accessibility Modifications and Improvements to Privately Owned Buildings or Real Property] Sponsor: Tang Ordinance amending Ordinance No. 16-10, as amended, to authorize the collection and levy of Special Taxes within City and County of San Francisco Special Tax District No. 2009-1 (San Francisco Sustainable Financing) for accessibility modifications and improvements to privately owned buildings or real property; and directing the Clerk of the Board to publish a notice of public hearing and other matters related thereto. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Sub-Committee, expires on 5/19/2016. Resolutions 160387 [Resolution of Intent - Street Vacation - Portions of Jessie Street and Elim Alley - Oceanwide Project] Sponsor: Mayor Resolution declaring the intention of the Board of Supervisors to order the vacation of a portion of Jessie Street and a portion of Elim Alley northwest of Mission and First Streets in connection with the Oceanwide Center Project at 50 First Street, subject to certain conditions; and setting a hearing date for all persons interested in the proposed vacation of said street areas. 04/19/16; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 276 Printed at 9:30 am on 5/27/16 ### [Page 23](https://sfbos.info/documents/338/2016-04-19-minutes#page-23) Board of Supervisors Meeting Minutes 4/19/2016 160388 [Option Agreement - Sale of Transbay Block 4 - F4 Transbay Partners, LLC - $45,000,000] Sponsors: Mayor; Kim Resolution approving an option agreement for the potential sale of Transbay Block 4 (the northern one-third of the block bounded by Beale, Howard, Main, and Folsom Streets) by the Successor Agency to the San Francisco Redevelopment Agency to F4 Transbay Partners, LLC, a Delaware limited liability company, for $45,000,000; and making findings under Health and Safety Code, Section 33433. 04/19/16; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 160390 [Public Works Week - April 25-29, 2016] Sponsors: Breed, Cohen, Avalos, Wiener, Farrell, Yee and Tang Resolution commending the men and women of San Francisco Public Works and declaring April 25 through April 29, 2016, as Public Works Week in San Francisco. 04/19/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 160391 [Opposing California State Senate Bill 1102 (McGuire) - Short-Term Rentals and Collection of Transient Occupancy Taxes] Sponsors: Campos; Peskin and Mar Resolution urging the California State Legislature to oppose State Senate Bill 1102 (McGuire), which could thwart San Francisco's and other local jurisdictions' ability to enforce regulation of short-term rentals and collect Transit Occupancy Taxes for short-term rental units in the City and County of San Francisco. 04/19/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 160392 [KFOG DJ Appreciation Day - April 20, 2016] Sponsor: Farrell Resolution declaring April 20, 2016, KFOG DJ Appreciation Day in the City and County of San Francisco. 04/19/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Hearings 160393 [Hearing - Ocean Beach Safety Monitoring] Sponsors: Mar; Tang Hearing on improving the City's safety monitoring of Ocean Beach; and requesting the Fire Department, Police Department, National Park Services, Golden Gate National Recreation Area, and United States Coast Guard to report. 04/19/16; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 277 Printed at 9:30 am on 5/27/16 ### [Page 24](https://sfbos.info/documents/338/2016-04-19-minutes#page-24) Board of Supervisors Meeting Minutes 4/19/2016 160394 [Hearing - Lien on Voice of Pentecost Church and Auction of El Rey Theatre] Sponsor: Yee Hearing to discuss the City's actions regarding a lien placed on the Voice of Pentecost Church (A Place to Meet Jesus) and the auction of the El Rey Theatre (1970 Ocean Avenue); and requesting the Department of Real Estate, Treasure Island Development Authority, and Office of Economic and Workforce Development to report. 04/19/16; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 160350 [Hearing - Report of Assessment Costs for Blighted Properties] Hearing to consider objections to a report of assessment costs submitted by the Director of Public Works for inspection and/or abatement of blighted conditions ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) 04/19/16; RECEIVED AND ASSIGNED to Board of Supervisors. 160395 [Hearing - Joint Meeting with the San Francisco Youth Commission - Charter Amendment (File No. 150267) - Sixteen- and Seventeen-Year-Old Voting for Municipal Elections] Hearing of the Board of Supervisors sitting as a Committee of the Whole in a joint meeting with the San Francisco Youth Commission on May 3, 2016, at 5:00 p.m., to consider the proposed Charter Amendment (File No. 150267, called from the Rules Committee pursuant to Motion No. M16-051) authorizing sixteen- and seventeen-year-olds to vote in municipal elections, to be proposed to the voters at the November 8, 2016, election. (Clerk of the Board) 04/19/16; RECEIVED AND ASSIGNED to Board of Supervisors. Introduced by the President 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 160346 [Planning Code - Mid-Block Alley and Rooftop Screening and Enclosure Controls] Ordinance amending the Planning Code to allow for greater flexibility in the screening and enclosure of rooftop mechanical equipment, modify mid-block alley controls and their applicability to the South of Market Neighborhood Commercial Transit District, Folsom Street Neighborhood Commercial Transit District, Regional Commercial District and C-3 (Downtown Commercial) District; 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, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. (Planning Commission) 04/07/16; RECEIVED FROM DEPARTMENT. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/19/2016. City and County of San Francisco Page 278 Printed at 9:30 am on 5/27/16 ### [Page 25](https://sfbos.info/documents/338/2016-04-19-minutes#page-25) Board of Supervisors Meeting Minutes 4/19/2016 160347 [General Plan Amendment - Affordable Housing Bonus Programs] Sponsor: Mayor Ordinance amending the General Plan to make conforming changes in association with legislation creating the Affordable Housing Bonus Program by amending the Housing Element, Urban Design Element, Van Ness Avenue Area Plan, Chinatown Area Plan, Downtown Area Plan, and Northeastern Waterfront Area Plan; making findings, including findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Planning Commission) 04/08/16; RECEIVED FROM DEPARTMENT. 04/19/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/19/2016. PROPOSED RESOLUTIONS 160348 [Real Property Sale - Easement to JWG McHenry, LLC, and City of Modesto - Portion of San Francisco Public Utilities Commission Parcel 656, Modesto, Stanislaus County - $35,000] Resolution approving and authorizing the conveyance of one permanent easement to the City of Modesto, for $35,000 to be paid by JWG McHenry, LLC, a California limited liability company, to allow JWG McHenry, LLC, to widen a portion of McHenry Avenue, including installing street, curb, gutter, driveway, and sidewalk improvements within an approximately 3,627 square foot portion of property owned by the City under the jurisdiction of the San Francisco Public Utilities Commission, identified as SFPUC Parcel 656; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31; adopting findings under Administrative Code, Section 23.3, that offering the easement for sale through competitive bidding would be impractical; and authorizing the Director of Property and/or the SFPUC General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) 04/05/16; RECEIVED FROM DEPARTMENT. 04/19/16; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 160351 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) 04/11/16; RECEIVED FROM DEPARTMENT. 04/19/16; RECEIVED AND ASSIGNED to Board of Supervisors. City and County of San Francisco Page 279 Printed at 9:30 am on 5/27/16 ### [Page 26](https://sfbos.info/documents/338/2016-04-19-minutes#page-26) Board of Supervisors Meeting Minutes 4/19/2016 ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:37 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 24, 2016. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 280 Printed at 9:30 am on 5/27/16