# Board of Supervisors Minutes: May 3, 2016 - Meeting date: 2016-05-03 - Document type: minutes - Source format: PDF - Extracted pages: 33 - [Canonical HTML transcript](https://sfbos.info/documents/342/2016-05-03-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=498866&GUID=181DF595-922B-430C-A2BD-8F6D442274B8) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160306: Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000 - Pages: 3-4 ### File 160307: Settlement of Lawsuit - Fernando Guanill - $150,000 - Pages: 4 ### File 160308: Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad Litem, Guillerma Bojorquez - $50,000 - Pages: 4 ### File 160309: Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000 - Pages: 4 ### File 160316: Settlement of Unlitigated Claim - 700 Cabrillo Street HOA - $35,000 - Pages: 4 ### File 160253: Health Code - Exempting The Humidor from Certain Provisions of the Tobacco Sales Permit Ordinance - Pages: 4-5 - Sponsors: Peskin - Vote 1: final-passage, likely final - 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 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. Ordinance No. 073-16 FINALLY PASSED City and County of San Francisco Page 307 Printed at 1:04 pm on 6/15/16 Board of Supervisors Meeting Minutes 5/3/2016 The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Peskin, Tang, Wiener, Yee - Absent: Mar ### File 160104: Police Code - Entertainment Commission Permit Procedures - Pages: 5 - Sponsors: Wiener; Breed and Farrell - Vote 1: final-passage, likely final - Action: 160104 [Police Code - Entertainment Commission Permit Procedures] Sponsors: Wiener; Breed and Farrell Ordinance amending the Police Code to authorize the Director of the Entertainment Commission to waive the filing fee for Loudspeaker Permits based on certain criteria and authorize the Director of the Entertainment Commission to extend the nine-month deadline for conditional grants of Place of Entertainment and Limited Live Performance Permits. Ordinance No. 075-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Peskin, Tang, Wiener, Yee - Absent: Mar ### File 160255: Planning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee - Pages: 5-6 - Sponsors: Kim; Peskin, Yee and Mar - Vote 1: final-passage, likely final - Action: anning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee] Sponsors: Kim; Peskin, Yee and Mar Ordinance amending the Planning and Administrative Codes to increase the Inclusionary Affordable Housing fee and other requirements; require the Controller to prepare an economic feasibility report regarding the City’s inclusionary housing requirements and make recommendations by July 31, 2016, and every three years thereafter; and establish the Inclusionary Housing Technical Advisory Committee to provide advice about the economic feasibility of proposals to set maximum economically viable inclusionary housing requirements, and set forth the membership and duties of the Advisory Committee; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 076-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Yee - Noes: Farrell, Wiener ## Extracted text ### [Page 4](https://sfbos.info/documents/342/2016-05-03-minutes#page-4) Board of Supervisors Meeting Minutes 5/3/2016 160307 [Settlement of Lawsuit - Fernando Guanill - $150,000] Ordinance authorizing settlement of the lawsuit filed by Fernando Guanill against the City and County of San Francisco for $150,000; the lawsuit was filed on October 14, 2015, in the United States District Court for the Northern District of California, Case No. 15-cv-04745 LB; entitled Fernando Guanill v. Michael Robert Lewelling, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) PASSED, ON FIRST READING 160308 [Settlement of Lawsuit - J.C.R., a Minor, By and Through His Guardian Ad Litem, Guillerma Bojorquez - $50,000] Ordinance authorizing settlement of the lawsuit filed by J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez, against the City and County of San Francisco for $50,000; the lawsuit was filed on August 28, 2014, in the United States District Court for the Northern District of California, Case No. 3: 14-cv-3918 NC; entitled J.C.R., a minor, by and through his guardian ad litem, Guillerma Bojorquez v. The City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING 160309 [Settlement of Lawsuit - Fireman’s Fund Insurance Company - $125,000] Ordinance authorizing settlement of the lawsuit filed by Fireman’s Fund Insurance Company against the City and County of San Francisco for $125,000; the lawsuit was filed on July 17, 2014, in San Francisco Superior Court, Case No. CGC-14-540616; entitled Fireman’s Fund Insurance Company vs. Alliance of Event Planners and Vendors, Inc., et al.; the lawsuit involves an insurance dispute. (City Attorney) PASSED, ON FIRST READING 160316 [Settlement of Unlitigated Claim - 700 Cabrillo Street HOA - $35,000] Resolution approving the settlement of the unlitigated claim filed by the 700 Cabrillo Street HOA against the City and County of San Francisco for $35,000; the claim was filed on October 8, 2015; the claim involves alleged property damage arising from a sewage flood. (City Attorney) Resolution No. 162-16 ADOPTED Recommendation of the Land Use and Transportation Committee 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 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. Ordinance No. 073-16 FINALLY PASSED City and County of San Francisco Page 307 Printed at 1:04 pm on 6/15/16 ### [Page 5](https://sfbos.info/documents/342/2016-05-03-minutes#page-5) Board of Supervisors Meeting Minutes 5/3/2016 The foregoing items were acted upon by the following vote: Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Peskin, Tang, Wiener, Yee Absent: 1 - Mar REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Transportation Committee 160104 [Police Code - Entertainment Commission Permit Procedures] Sponsors: Wiener; Breed and Farrell Ordinance amending the Police Code to authorize the Director of the Entertainment Commission to waive the filing fee for Loudspeaker Permits based on certain criteria and authorize the Director of the Entertainment Commission to extend the nine-month deadline for conditional grants of Place of Entertainment and Limited Live Performance Permits. Ordinance No. 075-16 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Peskin, Tang, Wiener, Yee Absent: 1 - Mar Supervisor Mar was noted present at 2:05 p.m. 160255 [Planning, Administrative Codes - Inclusionary Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee] Sponsors: Kim; Peskin, Yee and Mar Ordinance amending the Planning and Administrative Codes to increase the Inclusionary Affordable Housing fee and other requirements; require the Controller to prepare an economic feasibility report regarding the City’s inclusionary housing requirements and make recommendations by July 31, 2016, and every three years thereafter; and establish the Inclusionary Housing Technical Advisory Committee to provide advice about the economic feasibility of proposals to set maximum economically viable inclusionary housing requirements, and set forth the membership and duties of the Advisory Committee; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 076-16 FINALLY PASSED by the following vote: Ayes: 9 - Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Yee Noes: 2 - Farrell, Wiener City and County of San Francisco Page 308 Printed at 1:04 pm on 6/15/16