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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, May 10, 2016 - 2:00 PM
Regular Meeting
LONDON BREED, PRESIDENT
JOHN AVALOS, DAVID CAMPOS, MALIA COHEN,
MARK FARRELL, JANE KIM, ERIC MAR, AARON PESKIN, KATY TANG, SCOTT WIENER,
NORMAN YEE
Angela Calvillo, Clerk of the Board
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
BOARD COMMITTEES
Committee Membership Meeting Days
Budget and Finance Committee Wednesday
Supervisors Farrell, Tang, Yee, Kim, Wiener 1:00 PM
Budget and Finance Sub-Committee Wednesday
Supervisors Farrell, Tang, Yee 10:00 AM
Government Audit and Oversight Committee 1st and 3rd Thursday
Supervisors Peskin, Yee, Breed 9:30 AM
Land Use and Transportation Committee Monday
Supervisors Cohen, Wiener, Peskin 1:30 PM
Public Safety and Neighborhood Services Committee 2nd Thursday
Supervisors Kim, Avalos, Campos 2:30 PM
Rules Committee 2nd and 4th Thursday
Supervisors Tang, Mar, Cohen 11:00 AM
First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee.
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Agenda Item Information
Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget and Legislative Analyst report
3) Department or Agency cover letter and/or report
4) Public correspondence
These items will be available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several
standing committees where ordinances and resolutions are the subject of hearings at which members of the public
are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in
committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements
by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar
sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the
meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by the President
or Chair at the beginning of each item or public comment, excluding City representatives, except that public
speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time
limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time
limit applied to speakers not requesting interpretation assistance. Members of the public who want a document
placed on the overhead for display should clearly state such and subsequently remove the document when they
want the screen to return to live coverage of the meeting.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to
attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the
agenda items. These comments will be made a part of the official public record and shall be brought to the
attention of the Board of Supervisors. Written communications expected to be made a part of the official file
should be submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room
244, San Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to
the Clerk of the Board or Clerk of the Committee at the hearing and you are encouraged to bring enough copies for
distribution to all of its members.
LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490 to
coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior to the
meeting to test their presentations on the computer.
AGENDA PACKET: Available for review in the Office of the Clerk of the Board, City Hall, 1 Dr.Carlton B
Goodlett Place, Room 244, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on
SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Language services are available in Spanish and Chinese at all regular and
special Board meetings, excluding Committee meetings. Currently, Filipino is available upon request if made at
least 48 hours in advance of the meeting to help ensure availability. Additionally, requests for Board Committee
meetings must be received at least 48 hours in advance of the meeting to help ensure availability. For more
information or to request services: Contact Peggy Nevin at (415) 554-5184.
所有常規及特別市參事委員會會議(Board meetings)除委員會會議(Committee meetings)之外,將予以
提供西班牙文及中文的語言服務。 目前,菲律賓文將根據所收到的請求予以提供,但須在會議前最
少48小時作出請求,旨在確保服務屆時可予以提供。 另外,向市參事委員會會議請求有關服務亦須預先
在會議前最少48小時作出,也將有助於確保服務屆時可予以提供。 更多資訊或請求有關服務, 請致電
(415) 554-7719聯絡Linda Wong。
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AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español y en chino en todas las reuniones
regulares y reuniones especiales de la Junta, excluyendo las reuniones de los Comités. Actualmente, el idioma
Filipino está disponible de ser requerido si se solicita por lo menos 48 horas antes de la reunión para ayudar a
garantizar su disponibilidad. Adicionalmente, las solicitudes para las Reuniones de los Comités de la Junta deben
ser recibidas por lo menos 48 horas antes de la reunión con el fin de ayudar a garantizar su disponibilidad. Para
más información o solicitar servicios, por favor contactar a Derek Evans (415) 554-7702.
PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol at Intsik para sa lahat ng mga regular at espesyal na
pulong ng Board, pero wala para sa pulong ng mga Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa
wikang Filipino na maaaring i-request sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak na
matutugunan and inyong kahilingan. Dagdag pa, ang mga request para sa pulong ng Komite ng Board ay
kailangang matanggap sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak ang pagkakaroon
nito. Para sa karagdagang impormasyon o para mag-request ng serbisyo pang-wika, tawagan lamang ang (415)
554-5184.
Disability Access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair
accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government
Channel 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the
Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the
Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers,
large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests
made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines
are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are
the 5, 6, 9, 19, 21, 47, 49, 71, and 71L. For more information about MUNI accessible services, call (415)
701-4485.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the
War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove
Street.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple
chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be
sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate
these individuals.
Know Your Rights Under The Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards,
councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures
that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or
to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett
Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at
sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by printing the San Francisco Administrative Code,
Chapter 67, on the Internet at http://www.sfbos.org/sunshine
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be
required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100]
to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the
San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415)
252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
ROLL CALL AND PLEDGE OF ALLEGIANCE
COMMUNICATIONS
APPROVAL OF MEETING MINUTES
Approval of the April 5, 2016, Board Meeting Minutes, and the April 6, 2016, Special
Meeting Minutes at the Budget and Finance Committee Meeting, which constituted
a quorum of the Board of Supervisors.
AGENDA CHANGES
SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board
Pursuant to Charter Section 3.100(7), the Mayor shall appear, in person, at one regularly scheduled
meeting of the Board of Supervisors each month to engage in formal policy discussions with members
of the Board. This item will be read at the Board Meeting on the second Tuesday of each month,
unless rescheduled by the Mayor and the Board President. The Mayor and the Board may not discuss
matters that have already been considered in Committee and that are on the Board's Agenda as an
action item.
By supermajority vote of the Board of Supervisors (8 votes), the Board may, by oral motion, allow an
eligible District Supervisor to ask a question that was not previously posed if the question relates to a
sudden or unexpected incident or occurrence raising formal, time-sensitive policy questions that were
not anticipated prior to the posting of this agenda. Public comment for this item will take place during
general public comment.
1. 160493 [Formal Policy Discussions - May 10, 2016]
Pursuant to Charter, Sections 2.103 and 3.100(7), and Administrative Code, Section
2.11, the Mayor shall answer the following eligible questions submitted from the
Supervisor representing District 11. The Mayor may address the Board initially for up to
five minutes. Discussion shall not exceed five minutes per Supervisor.
1. Mr. Mayor: On May 1st, after many years of struggle and delay, we finally launched
CleanPowerSF. But, in order to achieve our long-term goal of creating green jobs by
building out renewable energy facilities, we need to quickly expand our customer base.
Have you signed up for CleanPowerSF's SuperGreen option? If not, will you pledge to
sign up? Will you work with me to expand our publicity campaign for CleanPowerSF?
Can you use your extensive connections to San Francisco's business community to help
promote CleanPowerSF?
Discussion: The Mayor shall DISCUSS eligible question(s) with the Board of Supervisors.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board
of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall
be removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 2 through 7
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Tang, Yee
2. 160101 [Business and Tax Regulations Code - Parking Tax Exemption for Certain
Parking Events on School District Property]
Sponsors: Mar; Farrell
Ordinance amending the Business and Tax Regulations Code to exempt, from the
parking tax and certain other requirements, a limited number of special parking events
operated by volunteer-led non-profit organizations on School District property for the
benefit of San Francisco public schools and earning less than $10,000 per event from
rent; establishing Special School Parking Event Permits issued by the Tax Collector; and
establishing a sunset date.
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
3. 160207 [Administrative Code - Local Business Enterprise Bid Discounts]
Ordinance amending the Administrative Code to allow the San Francisco Public Utilities
Commission (SFPUC) Local Business Enterprises to receive Bid Discounts on eligible
SFPUC Regional Project contracts, with certain restrictions. (Public Utilities
Commission)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Peskin
4. 151211 [Planning Code - Landmark Designation - 90-92 Second Street (aka the
Bourdette Building)]
Sponsors: Kim; Peskin
Ordinance designating 90-92 Second Street (aka the Bourdette Building), Assessor’s
Block No. 3707, Lot No. 012, as a Landmark under Planning Code, Article 10; and
making environmental findings, findings of public necessity, convenience and welfare,
and findings of consistency with the General Plan, and the eight priority policies of
Planning Code, Section 101.1.
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
5. 160320 [Landmark Tree Designation - Norfolk Island/Cook Pine Hybrid Located at 46A
Cook Street]
Sponsor: Farrell
Ordinance designating the Norfolk Island/Cook Pine hybrid (Araucaria heterophylla x A.
columnaris) tree at 46A Cook Street (Assessor’s Parcel Block No. 1067, Lot No. 032) as
a landmark tree pursuant to Public Works Code, Section 810, making findings
supporting the designation, and requesting official acts in furtherance of the landmark
tree designation.
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendations of the Rules Committee
Present: Supervisors Tang, Mar, Cohen
6. 160404 [Appointment, Commission on Aging Advisory Council - Jose Miguel Rodas]
Motion appointing Jose Miguel Rodas, term ending March 31, 2017, to the Commission
on Aging Advisory Council. (Rules Committee)
Question: Shall this Motion be APPROVED?
7. 160405 [Appointment, Bicycle Advisory Committee - Devon Warner]
Motion appointing Devon Warner, term ending November 19, 2016, to the Bicycle
Advisory Committee. (Rules Committee)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
REGULAR AGENDA
UNFINISHED BUSINESS
From the Board
8. 150267 [Charter Amendment - Sixteen and Seventeen-Year-Old Voting for Municipal
Elections]
Sponsors: Avalos; Campos, Kim, Mar, Wiener and Yee
Charter Amendment (Second Draft) to amend the Charter to authorize 16- and
17-year-olds to vote in municipal elections, at an election to be held on November 8,
2016.
04/19/2016; CALLED FROM COMMITTEE.
05/03/2016; CONTINUED.
Question: Shall this Charter Amendment be SUBMITTED?
Recommendation of the Budget and Finance Committee
Present: Supervisors Farrell, Tang, Yee, Kim, Wiener
9. 160357 [Appropriation - Proceeds from Short-Term Certificates of Participation -
Transbay Transit Center Project - $260,000,000 - FY2015-2016]
Sponsors: Mayor; Kim, Wiener and Campos
Ordinance appropriating $260,000,000 of proceeds from short-term certificates of
participation to general City responsibility for interim financing related to the Transbay
Transit Center Project in FY2015-2016.
(Fiscal Impact.)
05/03/2016; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
Recommendations of the Government Audit and Oversight Committee
Present: Supervisors Peskin, Yee, Breed
10. 160242 [Settlement of Lawsuit - Lisa Owen - $2,250,000]
Ordinance authorizing settlement of the lawsuit filed by Lisa Owen against the City and
County of San Francisco for $2,250,000; the lawsuit was filed on July 8, 2014, in San
Francisco Superior Court, Case No. CGC-14-540434; entitled Lisa Owen v. City and
County of San Francisco, et al.; the lawsuit involves an alleged dangerous condition of
public property causing personal injury. (City Attorney)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
11. 160243 [Settlement of Lawsuit - Ying Zhang and Chen Li - $175,000]
Ordinance authorizing settlement of the lawsuit filed by Ying Zhang and Chen Li against
the City and County of San Francisco for $175,000; the lawsuit was filed on January 21,
2014, in San Francisco Superior Court, Case No. CGC-14-536903 (consolidated with
CGC-13-536533); entitled Ying Zhang, et al. v. City and County of San Francisco, et al.;
the lawsuit involves an alleged dangerous condition of public property causing personal
injury; other materials terms of said settlement are that the Municipal Transportation
Agency is to also pay $175,000, subject to approval by the Municipal Transportation
Agency Board. (City Attorney)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
12. 160244 [Settlement of Lawsuit - Kai Yuan and Jian Ping Yuan - $175,000]
Ordinance authorizing settlement of the lawsuit filed by Kai Yuan and Jian Ping Yuan
against the City and County of San Francisco for $175,000; the lawsuit was filed on
December 31, 2013, in San Francisco Superior Court, Case No. CGC-13-536533
(consolidated with CGC-14-536903); entitled Kai Yuan, et al. v. City and County of San
Francisco, et al.; the lawsuit involves an alleged dangerous condition of public property
causing death; other material terms of said settlement are that the Municipal
Transportation Agency is to also pay $175,000, subject to approval by the Municipal
Transportation Agency Board, and co-defendant Gina Eunice to pay $50,000 (insurance
coverage limits). (City Attorney)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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13. 160306 [Settlement of Unlitigated Claim - Asiana Airlines - City to Receive $3,450,000]
Ordinance authorizing settlement of an unlitigated claim by the City and County of San
Francisco against Asiana Airlines for a payment of $3,450,000 by Asiana Airlines to the
City, appropriating funds from the settlement to the City Attorney’s Office to pay the
City’s attorneys’ fees and legal expenses, and allocating funds from the settlement to the
Airport to pay the Airport’s costs; other material terms of the settlement include payment
by Asiana Airlines to the City’s aviation insurer, the City’s acceptance of the site cleanup
performed by contractors to Asiana Airlines and approved by the San Francisco Bay
Regional Water Quality Control Board, the City’s agreement not to originate a lawsuit
against the aircraft manufacturer, and mutual release of claims arising out of the July 6,
2013 crash of Asiana Airlines Flight 214; the City made its claim on July 16, 2013. (City
Attorney)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
14. 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)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Present: Supervisors Peskin, Yee
15. 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)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
Present: Supervisors Peskin, Yee, Breed
16. 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)
05/03/2016; PASSED, ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety and Neighborhood Services Committee
Present: Supervisors Avalos, Campos
17. 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.
04/19/2016; CONTINUED.
Question: Shall this Ordinance be PASSED ON FIRST READING?
NEW BUSINESS
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Farrell, Tang, Yee
18. 160025 [Administrative Code - Nutritional Standards for Food and Beverages Sold in
Vending Machines on City Property or Served at City Meetings and Events]
Sponsor: Farrell
Ordinance amending the Administrative Code to require that prepackaged food and
beverages sold in vending machines on City property meet specified nutritional
standards and calorie labeling requirements; to require City departments to make best
efforts to meet nutritional guidelines for food and beverages purchased with City funds
and served at City events and meetings; to encourage restaurants, cafeterias, and
concessions located on City property to offer healthy food options; and to require the
Department of Public Health (DPH) to submit a report to the Board of Supervisors if DPH
concludes that nutritional standards and guidelines should be updated.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
19. 160318 [Appropriation - Proceeds from Certificates of Participation for Animal Care
and Control Renovation - $60,500,000 - FY2015-2016]
Sponsors: Mayor; Tang
Ordinance appropriating $60,500,000 of Certificates of Participation to the Department
of Administrative Services in FY2015-2016 for the Animal Care and Control Renovation
Project.
(Fiscal Impact.)
Question: Shall this Ordinance be PASSED ON FIRST READING?
20. 160297 [Lease Agreement - Swissport Cargo Services, L.P. - West Field Cargo
Building 632 and Related Areas on Plot 9 - $2,345,996.92]
Resolution retroactively approving Lease Agreement No. 14-0263 between Swissport
Cargo Services, L.P., and the City and County of San Francisco, acting by and through
its Airport Commission, for approximately 19,048 square feet of exclusive use space in
West Field Cargo Building 632 and related areas on Plot 9, with an estimated minimum
rent of $2,345,996.92 for a three-year initial term to commence on April 1, 2015, and two
one-year options to extend. (Airport Commission)
Question: Shall this Resolution be ADOPTED?
21. 160298 [Emergency Work - Designing, Repairing, and Upgrading Security Systems for
County Jail Nos. 1 and 2 - Not to Exceed $2,967,000]
Resolution approving emergency public work by San Francisco Public Works under
Administrative Code, Section 6.60, to design, repair, and upgrade the central control
intercom and attendant security systems at the Sheriff’s Department’s County Jail Nos. 1
and 2, both located at 425-7 Street, with an amount not to exceed $2,967,000. (Public
Works)
(Fiscal Impact.)
Question: Shall this Resolution be ADOPTED?
22. 160324 [Cooperative Agreement - California Department of Transportation - Lombard
Street Vision Zero Project]
Sponsor: Farrell
Resolution approving a cooperative agreement between the City and County of San
Francisco and the State of California Department of Transportation concerning the
development, review, and approval of the project initiation document for the Lombard
Street Vision Zero Project, including pedestrian safety, transit improvements, and utility
upgrades along Lombard Street between Francisco Street and Van Ness Avenue, and
making environmental findings. (Public Works)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
23. 160327 [Accept and Expend Grant - Association of Bay Area Governments - Bay Area
Regional Energy Network Program - $609,258]
Sponsor: Wiener
Resolution retroactively authorizing the Department of the Environment to accept and
expend grant funds from the Association of Bay Area Governments in the amount of
$609,258 to perform various activities as part of a Bay Area Regional Energy Network
program, an energy efficiency program for the term of July 31, 2015, through December
31, 2016. (Environment)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Land Use and Transportation Committee
Present: Supervisors Cohen, Wiener, Peskin
24. 151280 [Planning Code - Permitting Accessory Massage Uses, with a Conditional Use
Permit, in the North of Market Residential Special Use District]
Sponsor: Kim
Ordinance amending the Planning Code to permit accessory massage uses, with a
Conditional Use permit, in the North of Market Residential Special Use District; affirming
the Planning Department’s determination under the California Environmental Quality Act;
and making findings, including findings of public necessity, convenience and welfare
under Planning Code, Section 302, and findings of consistency with the General Plan,
and the eight priority policies of Planning Code, Section 101.1.
Question: Shall this Ordinance be PASSED ON FIRST READING?
25. 160273 [Street Artist Spaces - Market Street, Drumm to Spear Streets]
Resolution approving designation of four selling spaces on the north side of Market
Street, Drumm to Spear Streets, for use by street artists certified by the Arts
Commission of the City and County of San Francisco; and exempting said spaces from
the regulations of Police Code, Section 2405, relating to street artist display size,
distance from entrances, distance from crosswalks, and distance between artists’
displays. (Arts Commission)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Public Safety and Neighborhood Services Committee
Present: Supervisors Kim, Avalos, Campos
26. 151112 [Liquor License - 36 West Portal Avenue]
Resolution determining that the issuance of a Type 21 off-sale general license to Issa
Haddad for West Portal Daily Xpress located at 36 West Portal Street (District 7), will
serve the public convenience or necessity of the City and County of San Francisco, in
accordance with California Business and Professions Code, Section 23958.4, and
recommending that the California Department of Alcoholic Beverage Control impose
conditions on the issuance of the license. (Public Safety and Neighborhood Services
Committee)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
27. 160209 [Liquor License - 401 Van Ness Avenue]
Resolution determining that the issuance of a Type 64 general theatre license to the San
Francisco Opera Association located at 401 Van Ness (District 5), will serve the public
convenience or necessity of City and County of San Francisco in accordance with
California Business and Professions Code, Section 23958.4, and recommending that
the California Department of Alcoholic Beverage Control impose conditions on the
issuance of the license. (Public Safety and Neighborhood Services Committee)
Question: Shall this Resolution be ADOPTED?
28. 160326 [Lease of City Property - Poets Café LLC - Main Library at 100 Larkin Street -
$3,600 per Year]
Sponsor: Kim
Resolution authorizing the Director of Property to execute a three-year café lease to
commence following Board approval between the City and County of San Francisco and
Poets Café LLC, for the lease of City-owned property within the Main Library located at
100 Larkin Street, for $3,600 per year. (Public Library)
Question: Shall this Resolution be ADOPTED?
Recommendations of the Rules Committee
Present: Supervisors Tang, Mar, Cohen
29. 150944 [Administrative Code - Establishing the Safer Schools Sexual Assault Task
Force]
Sponsors: Kim; Cohen and Tang
Ordinance amending the Administrative Code to establish the Safer Schools Sexual
Assault Task Force to advise the Board of Supervisors regarding proposed policies to
reduce sexual assault at educational institutions; and setting forth the membership and
duties of the Task Force.
Question: Shall this Ordinance be PASSED ON FIRST READING?
30. 160359 [Administrative Code - Establishing Municipal Fines and Fees Task Force]
Sponsors: Avalos; Kim and Cohen
Ordinance amending the Administrative Code to establish the Municipal Fines and Fees
Task Force to advise the Board of Supervisors, the Mayor, and City departments
regarding policies that reduce fines and fees for low-income City residents; and setting
forth the membership and duties of the Task Force.
Question: Shall this Ordinance be PASSED ON FIRST READING?
31. 160406 [Appointment, Market and Octavia Community Advisory Committee -
Mohammed Soriano-Bilal]
Motion appointing Mohammed Soriano-Bilal, term ending December 16, 2016, to the
Market and Octavia Community Advisory Committee. (Rules Committee)
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
32. 160407 [Appointments, Sunshine Ordinance Task Force - Josh Wolf, Leuwam Tesfai,
David Pilpel, Dave Maass, Frank Cannata, Chris Hyland, and Louise Fischer]
Motion appointing Josh Wolf, Leuwam Tesfai, David Pilpel, Dave Maass, Frank
Cannata, Chris Hyland, and Louise Fischer, terms ending April 27, 2018, to the
Sunshine Ordinance Task Force. (Rules Committee)
(Supervisor Mar dissented on the appointment of David Pilpel in Committee.)
Question: Shall this Motion be APPROVED?
SPECIAL ORDER 3:30 P.M. - Recognition of Commendations
Asian Pacific American Heritage Month
33. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters
of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
34. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the
public that are within the subject matter jurisdiction of the Board, including items being considered
today which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
Items 35 through 37
35. 160488 [Urging Adequate State-wide Funding for Dependency Counsel]
Sponsors: Cohen; Kim and Peskin
Resolution urging the California State Legislature, the Judicial Council, and Governor
Jerry Brown to adequately fund dependency counsel in the State of California, a
statutory obligation of the State, to address a state-wide crisis in funding deleteriously
affecting our most vulnerable families in San Francisco and the State of California,
particularly families that are poor and families of color.
05/03/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
36. 160489 [Urging and Supporting All Efforts to Increase State Supplementary Program
Payments to Meet or Exceed the Federal Poverty Level Appropriation]
Sponsors: Mar; Avalos and Yee
Resolution urging and supporting all efforts by the State Legislature and Governor to
increase State Supplementary Program payments to meet or exceed the federal poverty
level for elderly, blind or disabled individuals.
05/03/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
37. 160458 [Committee of the Whole - Report of Assessment Costs for Blighted
Properties - Accelerated Sidewalk Abatement Program]
Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June
21, 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)
05/03/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
38. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time,
there is a need to take immediate action. The need to take action came to the attention of the
City and County of San Francisco after the agenda was posted.
LEGISLATION INTRODUCED AT ROLL CALL
Introduced by a Supervisor or the Mayor
Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board
of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be
referred to and reported upon by an appropriate Committee of the Board.
Legislation Introduced will appear on the Final Minutes for this meeting. Once the
Legislation Introduced is approved, it will be available on
http://www.sfbos.org/legislation_introduced.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
Introduced at the Request of a Department
Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit
proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at
the rear of the next available agenda of the Board.
PROPOSED RESOLUTIONS
160444 [Financing - Portsmouth Plaza Parking Corporation - Not to Exceed
$12,500,000]
Resolution authorizing a financing to be undertaken by the City of San Francisco
Portsmouth Plaza Parking Corporation on behalf of the City in an amount not to exceed
$12,500,000 and approving the forms of and authorizing the execution and delivery of
documents reasonably necessary for such financing; ratifying and approving any action
heretofore taken in connection with the financing; granting general authority to City
officials to take actions necessary to implement this Resolution; and related matters.
(Recreation and Park Commission)
04/27/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160445 [Lease Agreement - Andale Management Group, Inc. - $560,000 Minimum
Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0012 between Andale Management Group, Inc., and the City and County of San
Francisco, acting by and through its Airport Commission, for a pre-security concession
with a term of seven years and three one-year options to extend, and a post-security
concession with a term of ten years and two one-year options to extend, each term to
commence upon Board approval, and an initial minimum annual guarantee of $560,000.
(Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160446 [Lease Agreement - High Flying Foods SFO, LLC - $294,000 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0013 between High Flying Foods SFO, LLC, and the City and County of San
Francisco, acting by and through its Airport Commission, for a post-security concession
for a term of ten years to commence following Board approval, with two one-year options
to extend, and an initial minimum annual guarantee of $294,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
160447 [Lease Agreement - Tastes On The Fly, San Francisco, LLC - $910,000
Minimum Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0014 between Tastes On The Fly, San Francisco, LLC and the City and County of
San Francisco, acting by and through its Airport Commission, for one pre-security
concession for a term of seven years with three one-year options to extend, and two
post-security concessions for a term of ten years with two one-year options to extend,
each term to commence following Board approval, and an initial Minimum Annual
Guarantee of $910,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160448 [Lease Agreement - Mum Fresh SF, Inc. - $165,000 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0015 between Mum Fresh SF, Inc., and the City and County of San Francisco, acting
by and through its Airport Commission, for a post-security concession with a term of ten
years to commence following Board approval, with two one-year options to extend, and
an initial minimum annual guarantee of $165,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160449 [Lease Agreement - Tomokazu Japanese Cuisine (SFO) Inc. - $165,000
Minimum Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0016 between Tomokazu Japanese Cuisine (SFO) Inc., and the City and County of
San Francisco, acting by and through its Airport Commission, for a post-security
concession with a term of ten years to commence following Board approval, with two
one-year options to extend, and an initial minimum annual guarantee of $165,000.
(Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160450 [Lease Agreement - SSP America, Inc. - $225,000 Minimum Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0017 between SSP America, Inc., and the City and County of San Francisco, acting
by and through its Airport Commission, for a post-security concession with a term of ten
years to commence following Board approval, with two one-year options to extend, and
an initial minimum annual guarantee of $225,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
160451 [Lease Agreement - Joe & The Juice SFO, LLC - $150,000.00 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0018 between Joe & The Juice SFO, LLC, and the City and County of San
Francisco, acting by and through its Airport Commission, for a post-security concession
with a term of ten years to commence following Board approval, with two one-year
options to extend, and an initial minimum annual guarantee of $150,000. (Airport
Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160452 [Lease Agreement - Stix Holdings, LLC - $155,000 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0019 between Stix Holdings, LLC, and the City and County of San Francisco, acting
by and through its Airport Commission, for a pre-security concession with a term of
seven years to commence following Board approval, with three one-year options to
extend, and an initial minimum annual guarantee of $155,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160453 [Lease Agreement - Midfield Concession Enterprises, Inc. - $125,000 Minimum
Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0020 between Midfield Concession Enterprises, Inc., and the City and County of San
Francisco, acting by and through its Airport Commission, for a pre-security concession
with a term of seven years to commence following Board approval, with three one-year
options to extend, and an initial minimum annual guarantee of $125,000. (Airport
Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160454 [Lease Agreement - Bayport Concessions, LLC - $155,000 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0021 between Bayport Concessions, LLC, and the City and County of San
Francisco, acting by and through its Airport Commission, for a pre-security concession
with a term of seven years to commence following Board approval, with three one-year
options to extend, and an initial minimum annual guarantee of $155,000. (Airport
Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
160455 [Lease Agreement - Adam Light - $190,000.00 Minimum Annual Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0022 between Adam Light and the City and County of San Francisco, acting by and
through its Airport Commission, for two pre-security concessions with a term of seven
years to commence upon Board approval, with three one-year options to extend, and an
initial minimum annual guarantee of $190,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160456 [Lease Agreement - Host International, Inc. - $120,000.00 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0023 between Host International, Inc. and the City and County of San Francisco,
acting by and through its Airport Commission, for two pre-security concessions with a
term of seven years to commence with Board approval, with three one-year options to
extend, and an initial minimum annual guarantee of $120,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160457 [Lease Agreement - SSP America, Inc. - $196,000.00 Minimum Annual
Guarantee]
Resolution approving International Terminal Food and Beverage Concession Lease No.
16-0024 between SSP America, Inc., and the City and County of San Francisco, acting
by and through its Airport Commission, for a pre-security concession with a term of
seven years to commence with Board approval, with three one-year options to extend,
and an initial minimum annual guarantee of $196,000. (Airport Commission)
04/29/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
160460 [Report of Assessment Costs for Blighted Properties - Accelerated Sidewalk
Abatement Program]
Resolution approving report of assessment costs submitted by the Director of Public
Works for inspection and/or repair of blighted properties ordered through the
Accelerated Sidewalk Abatement Program 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)
05/02/2016; RECEIVED FROM DEPARTMENT.
05/10/2016; RECEIVED AND ASSIGNED to the Board of Supervisors.
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Board of Supervisors Meeting Agenda Tuesday, May 10, 2016
160397 [Petitions and Communications]
Petitions and Communications received from April 25, 2016, through May 2, 2016, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on May 10, 2016.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information will not be redacted.
From Controller’s City Services Auditor Division, regarding the employee separation
process of the Airport Commission. (1)
From Recreation and Parks Department, submitting a report for the 3rd quarter of
FY15-16 on Lead Poisoning Prevention. Copy: Each Supervisor. (2)
From Association of Bay Area Governments, regarding date change of the special
ABAG General Assembly. Copy: Each Supervisor. (3)
From concerned citizens, regarding proposed ordinance designating a tree on 46A Cook
Street as a landmark. File No. 160320. 5 letters. Copy: Each Supervisor. (4)
From District Attorney’s, regarding San Francisco District Attorney’s Sentencing Planner
Program. Copy: Each Supervisor. (5)
From concerned citizens, regarding appointments to the Citizen’s Committee on
Community Development. File No. 160342. 15 letters. Copy: Each Supervisor. (6)
From Wendy Aragon, regarding appointment and terms to the SFPUC Citizen’s Advisory
Committee. Copy: Each Supervisor. (7)
From concerned citizens, regarding appointment to the Sunshine Ordinance Task Force.
File No. 160407. 8 letters. Copy: Each Supervisor. (8)
From Peter Warfield, regarding San Francisco Public Library fines and fees. Copy:
Each Supervisor. (9)
From the Dow Chemical Company, regarding the correct use of the trademark brand
STYROFOAM. File No. 160383. Copy: Each Supervisor. (10)
From Cliff Culpeper, regarding homeless conditions. Copy: Each Supervisor. (11)
From John Palmer, regarding funding an open source voting system project. Copy:
Each Supervisor. (12)
From Clerk of the Board, submitting a memorandum regarding
Professional/Organizational Memberships. Copy: Each Supervisor. (13)
ADJOURNMENT
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