# Board of Supervisors Minutes: August 2, 2016 - Meeting date: 2016-08-02 - Document type: minutes - Pages in official PDF: 36 - [Canonical HTML transcript](https://sfbos.info/documents/378/2016-08-02-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=499841&GUID=C27AC421-6E33-4012-8106-DFAA0E04935C) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 160713: Settlement of Unlitigated Claim - Isis, also known as Isis Bastet - $59,155 - Pages: 2-3 ### File 160740: Settlement of Unlitigated Claims - Jacobs Engineering Group, Inc. - $168,556 - Pages: 3 ### File 160771: Settlement of Unlitigated Claim - United States Environmental Protection Agency - Yosemite Slough Sediment Site - Pages: 3 ### File 160772: Settlement of Unlitigated Claim - Landmark American Insurance Company and RSUI Indemnity Company - City to Receive $700,000 - Pages: 3 ### File 160814: Appointment, Child Care Planning and Advisory Council - Fonda Davidson - Pages: 3-4 - Vote 1: approval, likely final - Action: 160814 [Appointment, Child Care Planning and Advisory Council - Fonda Davidson] Motion appointing Fonda Davidson, term ending March 19, 2019, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M16-104 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160747: Administrative Code - Health Service System Plans and Contribution Rates for Calendar Year 2017 - Pages: 4 - Vote 1: final-passage, likely final - Action: 160747 [Administrative Code - Health Service System Plans and Contribution Rates for Calendar Year 2017] Sponsor: Farrell Ordinance approving Health Service System plans and contribution rates for calendar year 2017, and amending the Administrative Code to remove those rates from the Code. (Health Service System) (Fiscal Impact) Ordinance No. 176-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160827: Agreements - Access to Fiber-Optic Facilities - Bay Bridge Consortium and Pacific Bell - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 160827 [Agreements - Access to Fiber-Optic Facilities - Bay Bridge Consortium and Pacific Bell] Sponsor: Mayor Ordinance approving two agreements to enable the City to obtain access to fiber-optic facilities owned by Pacific Bell located on the San Francisco-Oakland Bay Bridge: an agreement between the City and the Bay Bridge Consortium for a term potentially in excess of ten years, and an agreement between the City and Pacific Bell for a term potentially in excess of ten years; and, with respect to both agreements, waiving the requirements of Administrative Code, Section 21.9, prohibiting automatic renewal provision in contracts. Ordinance No. 158-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160422: Fire, Housing, Building Codes - Fire Safety Requirements for Existing Buildings - Pages: 5 - Vote 1: final-passage, likely final - Action: atement of compliance with annual fire alarm testing and inspection requirements every two years; amending the Fire Code and Building Code to require building owners to upgrade existing fire alarm systems by July 1, 2021, or upon completion of $50,000 or more of construction work, whichever occurs earlier; amending the Building Code to require owners of Apartment Houses damaged by fire to submit an Action Plan to the City within 30 days of the fire, require re-inspection(s) of the premises by the Department of Building Inspection after a fire that has resulted in the displacement of residential occupants, and requiring owners of buildings in Group R occupancies with six or more units to install fire blocks in open accessible attics when performing $50,000 or more of construction work; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage as required by State law. (Fiscal Impact) Ordinance No. 165-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160703: Settlement of Lawsuit - Muaadh Alawadhi and Suad Mahyoub - $156,250 - Pages: 5-6 - Vote 1: final-passage, likely final - Action: 160703 [Settlement of Lawsuit - Muaadh Alawadhi and Suad Mahyoub - $156,250] Ordinance authorizing settlement of the lawsuit filed by Muaadh Alawadhi and Suad Mahyoub against the City and County of San Francisco for $156,250; the lawsuit was filed on January 7, 2015, in San Francisco Superior Court, Case No. CGC-15-543559; entitled Muaadh Alawadhi, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged medical negligence; other material terms of the settlement are co-defendant Regents of the University of California to pay $156,250. (City Attorney) Ordinance No. 168-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: other - Action: City and County of San Francisco Page 680 Printed at 10:15 am on 10/26/16 Board of Supervisors Meeting Minutes 8/2/2016 Appointment of President Pro Tempore At the request of President Breed, Supervisor Wiener assumed the chair at 2:09 p.m. so the President could be excused from voting on File No. 160704. The President resumed the chair at 2:10 p.m. Supervisor Breed Excused from Voting Supervisor Peskin, seconded by Supervisor Campos, moved that Supervisor Breed be excused from voting on File No. 160704. The motion carried by the following vote: - Ayes: Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Breed ### File 160704: Settlement of Lawsuit - Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson - $90,000 - Pages: 6 - Vote 1: final-passage, likely final - Action: 160704 [Settlement of Lawsuit - Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson - $90,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson against the City and County of San Francisco for $90,000; the lawsuit was filed on March 16, 2016, in United States District Court for the Northern District of California, Case No. C16-1305 JCS; entitled Ricardo Palikiko-Garcia, et al. v. City and County of San Francisco, et al.; the lawsuit involves allegations of excessive force, cruel and unusual punishment, and egregious government conduct. (City Attorney) Ordinance No. 169-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Breed ### File 160705: Settlement of Lawsuit - Blue Cross of California and Anthem Blue Cross Life and Health Insurance Company - City to Receive $6,250,000 and Future Payments - Pages: 6-7 - Vote 1: final-passage, likely final - Action: acting on behalf of the People of the State of California, against Blue Cross of California dba Anthem Blue Cross, Anthem Blue Cross Life and Health Insurance Company (collectively, "Blue Cross") and Health Net of California for the payment by Blue Cross of $6,250,000 in restitution and civil penalties for under-reimbursing Zuckerberg San Francisco General Hospital and Trauma Center (“ZSFG”) for emergency medical care provided to Blue Cross’s insureds prior to July 1, 2015, and for the payment of additional amounts for such emergency medical care provided between July 1, 2015, and June 30, 2019; the lawsuit was filed on May 24, 2011, in San Francisco Superior Court, Case No. 11-511181; entitled People of the State of California v. Blue Cross of California, et al.; other material terms of said settlement are that Blue Cross and the City will enter into a prompt payment agreement under which Blue Cross agrees to pay and ZSFG agrees to accept certain specified rates for treatment provided by ZSFG to Blue Cross’s insureds for emergency medical services rendered from July 1, 2015, through at least June 30, 2019. (City Attorney) Ordinance No. 170-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160706: Settlement of Lawsuit - State Farm General Insurance Company - $90,000 - Pages: 7 - Vote 1: final-passage, likely final - Action: 160706 [Settlement of Lawsuit - State Farm General Insurance Company - $90,000] Ordinance authorizing settlement of the lawsuit filed by State Farm General Insurance Company against the City and County of San Francisco for $90,000; the lawsuit was filed on February 13, 2014, in San Francisco Superior Court, Case No. CGC-14-537478; entitled State Farm General Insurance Company v. City and County of San Francisco; the lawsuit involves alleged property damage arising from flooding. (City Attorney) Ordinance No. 171-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160707: Settlement of Lawsuit - Paul Walker - $80,000 - Pages: 7 - Vote 1: final-passage, likely final - Action: 160707 [Settlement of Lawsuit - Paul Walker - $80,000] Ordinance authorizing settlement of the lawsuit filed by Paul Walker against the City and County of San Francisco for $80,000; the lawsuit was filed on November 10, 2015, in United States District Court, Northern District, Case No. CV-15-5129-JCS; entitled Paul Walker v. City and County of San Francisco; the lawsuit involves alleged Americans with Disabilities Act violations. (City Attorney) Ordinance No. 172-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160708: Settlement of Lawsuit - Mery Perez - $87,500 - Pages: 7 - Vote 1: final-passage, likely final - Action: 160708 [Settlement of Lawsuit - Mery Perez - $87,500] Ordinance authorizing settlement of the lawsuit filed by Mery Perez against the City and County of San Francisco for $87,500; the lawsuit was filed on February 9, 2015, in San Francisco Superior Court, Case No. CGC-15-544024; entitled Mery Perez v. City and County of San Francisco; the lawsuit involves a medical malpractice claim; other material terms of the settlement are that co-defendant Dr. Derrick Lung is to pay $87,500. (City Attorney) Ordinance No. 173-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160709: Settlement of Lawsuit - People of the State of California - $250,000 - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 160709 [Settlement of Lawsuit - People of the State of California - $250,000] Ordinance authorizing settlement of the lawsuit filed by the People of the State of California against the City and County of San Francisco for $250,000; the lawsuit will be filed in Alameda County Superior Court; and be entitled People of the State of California v. San Francisco Public Utilities Commission and the City and County of San Francisco; the lawsuit involves alleged violations of California pollution prevention and hazardous materials laws at Public Utilities Commission facilities near Sunol in Alameda. (City Attorney) Ordinance No. 174-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160738: Settlement of Lawsuit - Gary Frank and Debbie Frank - $245,000 - Pages: 8 - Vote 1: final-passage, likely final - Action: 160738 [Settlement of Lawsuit - Gary Frank and Debbie Frank - $245,000] Ordinance authorizing settlement of the lawsuit filed by Gary Frank and Debbie Frank against the City and County of San Francisco for $245,000; the lawsuit was filed on September 16, 2014, in San Francisco Superior Court, Case No. CGC-14-541671; entitled Gary Frank and Debbie Frank v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from flooding. (City Attorney) Ordinance No. 175-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160770: Settlement of Lawsuit - Sadeq Naji - $30,000 - Pages: 8 - Vote 1: final-passage, likely final - Action: 160770 [Settlement of Lawsuit - Sadeq Naji - $30,000] Ordinance authorizing settlement of the lawsuit filed by Sadeq Naji against the City and County of San Francisco for $30,000; the lawsuit was filed on February 3, 2015, in San Francisco Superior Court, Case No. CGC 15-543936; entitled Sadeq Naji v. City and County of San Francisco; San Francisco Public Library; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 177-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 151122: Administrative Code - Preferences in Affordable Housing Programs - Pages: 8-9 - Vote 1: final-passage, likely final - Action: 151122 [Administrative Code - Preferences in Affordable Housing Programs] Sponsors: Mayor; Cohen, Breed, Wiener, Farrell and Campos Ordinance amending the Administrative Code to create a fourth preference for people who live or work in San Francisco, in addition to existing preferences in allocating City affordable housing units, and to create an additional category of eligible displaced tenants that includes tenants displaced by fire; 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. 164-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160477: Planning Code - Wireless Telecommunications Services Facilities - Pages: 9 - Vote 1: final-passage, likely final - Action: de to 1) define Wireless Telecommunications Services (WTS) Facilities; 2) create distinct WTS Facility land use controls and, among other things, require a conditional use authorization (CU) for Macro WTS Facilities in most Article 2, 7, and 8 Districts; 3) regulate Micro WTS Facilities in all Districts; 4) require that a WTS Facility’s CU shall expire after ten years; 5) regulate WTS Facilities in certain Mission Bay Districts and P Districts; 6) exempt certain telecommunications equipment accessory uses from height limitations; 7) allow screening elements for WTS Facilities to exceed height limits, consistent with existing height limit exemptions for antennas; 8) define and regulate Temporary WTS Facilities; 9) allow the Historic Preservation Commission to delegate determinations on applications for Administrative Certificates of Appropriateness and Minor Permits to Alter to Planning Department staff; 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. 166-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160590: Public Works Code - Street Space Occupancy Permits - Pages: 9-10 - Vote 1: final-passage, likely final - Action: 160590 [Public Works Code - Street Space Occupancy Permits] Sponsor: Farrell Ordinance amending the Public Works Code to place additional limits on the duration of street space occupancy permits, and to limit the number of such permits including permit extensions that can be issued at the same address during a three-year period in Residential, Urban Mixed-Use, and Neighborhood Commercial Districts, and precluding the issuance of such permits at the same address for two years after that three-year period; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 167-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: other - Action: City and County of San Francisco Page 684 Printed at 10:15 am on 10/26/16 Board of Supervisors Meeting Minutes 8/2/2016 Supervisor Farrell Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Farrell be excused from voting on File No. 160790. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Farrell ### File 160790: Administrative Code - Short-Term Residential Rentals - Pages: 10-11 - Vote 1: final-passage, likely final - Action: 160790 [Administrative Code - Short-Term Residential Rentals] Sponsors: Campos; Peskin, Avalos and Mar Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to require Hosting Platforms to verify that a Residential Unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction, and to provide an affidavit of compliance to the City and retain certain records; authorize the Office of Short Term Rentals to issue an administrative subpoena to obtain records; provide for civil, administrative, and criminal penalties against Hosting Platforms for violations of their obligations under the Residential Unit Conversion Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 178-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Wiener, Yee - Excused: Farrell ### File 150792: Fire Code - Disclosure of Fire Safety Information - Pages: 11 - Vote 1: final-passage, likely final - Action: 150792 [Fire Code - Disclosure of Fire Safety Information] Sponsors: Tang; Mar, Campos and Breed Ordinance amending the San Francisco Fire Code to require building owners and homeowners’ associations to provide fire safety information to residents in buildings with three or more dwelling units, and annual fire safety information and training to residents in buildings with 16 or more units; making findings as to local conditions pursuant to the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to transmit the Ordinance to appropriate State officials. Supervisor Breed requested to be added as a co-sponsor. Ordinance No. 163-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160719: Police Code - Paid Parental Leave Ordinance - Pages: 11 - Vote 1: first-reading - Action: 160719 [Police Code - Paid Parental Leave Ordinance] Sponsors: Wiener; Yee Ordinance amending the Police Code to make technical amendments to the Paid Parental Leave Ordinance consistent with its original intent. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160310: Early Lease Termination and Reimbursement of Unamortized Construction Costs - Legends Bar of San Francisco, LLC - $70,270 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 160310 [Early Lease Termination and Reimbursement of Unamortized Construction Costs - Legends Bar of San Francisco, LLC - $70,270] Resolution approving the early termination of Boarding Area B Casual Dining and Bar Lease No. 05-0075, between Legends Bar of San Francisco, LLC and the City and County of San Francisco, acting by and through its Airport Commission; and the reimbursement of $70,270 in unamortized construction costs. (Airport Commission) Resolution No. 339-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160312: Lease Amendment - Hudson News Company - Terminal 1 Boarding Area C Retail Lease - $1,320,973.20 Minimum Annual Guarantee, $2,506 Annual Promotional Charge, and Reimbursing $173,022.24 for Unamortized Construction Costs - Pages: 12 - Vote 1: adoption, likely final - Action: 160312 [Lease Amendment - Hudson News Company - Terminal 1 Boarding Area C Retail Lease - $1,320,973.20 Minimum Annual Guarantee, $2,506 Annual Promotional Charge, and Reimbursing $173,022.24 for Unamortized Construction Costs] Resolution approving Amendment No. 1 to the Terminal 1 Boarding Area C Retail Lease No. 09-0093, between Hudson News Company and the City and County of San Francisco, acting by and through its Airport Commission, reducing the minimum annual guarantee to $1,320,973.20, the annual promotional charge to $2,506, and reimbursing the Hudson News Company $173,022.24 for unamortized construction costs. (Airport Commission) (Fiscal Impact) Resolution No. 340-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160329: Accept and Expend Gift - Molly Fleischner - Laguna Honda Hospital Gift Fund - $100,000 - Assistive Technology Equipment and Services - Pages: 12 - Vote 1: adoption, likely final - Action: 160329 [Accept and Expend Gift - Molly Fleischner - Laguna Honda Hospital Gift Fund - $100,000 - Assistive Technology Equipment and Services] Sponsors: Yee; Breed Resolution authorizing the Department of Public Health to retroactively accept and expend a monetary gift in the amount of $100,000 from Ms. Molly Fleischner to the Laguna Honda Hospital Gift Fund for the purchase of assistive technology equipment and services for residents at Laguna Honda who are otherwise unable to obtain them. (Public Health Department) Supervisor Breed requested to be added as a co-sponsor. Resolution No. 341-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160710: Real Property Lease - Townsend Associates, LLC - 650-5th Street, Suites 307-309 and Four Parking Stalls - $177,480 Annual Base Rent - Pages: 12-13 - Vote 1: adoption, likely final - Action: 160710 [Real Property Lease - Townsend Associates, LLC - 650-5th Street, Suites 307-309 and Four Parking Stalls - $177,480 Annual Base Rent] Resolution authorizing the lease of approximately 3,060 square feet at 650-5th Street, Suites 307-309, with four parking stalls, with Townsend Associates, LLC, a California limited liability company, for a five year term commencing upon approval by the Board of Supervisors and Mayor, with one option to extend for three years at the monthly base rent of $14,790, for a total annual base rent of $177,480. (Public Health Department) Resolution No. 343-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160794: Multifamily Housing Revenue Bonds - 1036 Mission Street - Not to Exceed $32,100,000 - Pages: 13 - Vote 1: adoption, likely final - Action: suance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,100,000 for the purpose of providing financing for the acquisition and construction of an 83-unit multifamily residential rental housing project located at 1036 Mission Street within the City; approving the form of and authorizing the execution of a trust indenture providing terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters. (Mayor’s Office of Housing and Community Development) Privilege of the floor was granted unanimously to Sophie Hayward (Mayor’s Office of Housing and Community Development) who responded to questions raised throughout the discussion. Resolution No. 353-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160795: Agreements - Purchase and Sale for Real Estate and Ground Lease - 1036 Mission Associates, L.P - 1036 Mission Street - $5,476,250 and $15,000 Respectively - Pages: 13-14 - Vote 1: amendment - Action: nd take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Privilege of the floor was granted unanimously to Sophie Hayward (Mayor’s Office of Housing and Community Development) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 11, by adding 'Mitigated' before 'Negative Declaration'; on Page 3, Lines 16-20, by striking the 'WHEREAS' clause that references the environmental review determination, Line 23, by striking 'Resolution No. 19135' and adding 'Motion No. 17875', and Line 25, by adding '("MMRP"); on Page 4, Lines 1-13, by adding three 'WHEREAS' clauses that further reference Planning Commission Motion No. 17875, the Motion's determinations, and the Planning Department's findings, Lines 20-23, by striking the 'FURTHER RESOLVED' clause that references the 'Mitigated Negative Declaration'; and on Page 4, Line 23, through Page 5, Line 9, by adding a 'FURTHER RESOLVED' clause that adopts the findings of Planning Commission Motion Nos. 17875 and 19135. 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: erformance of an Agreement of Purchase and Sale of Real Estate in connection with the acquisition of the parcel located at 1036 Mission Street (Assessor’s Parcel Block No. 3703, Lot No. 162) (“the Property”), for $5,476,250, and a long term, 85-years with a 14-year extension option, Ground Lease of the Property for $15,000 annual base rent, with 1036 Mission Associates, L.P., to construct a 100% affordable, 83-unit multifamily rental housing development for low-income households and formally homeless families and a commercial shell for a 1,061 square foot commercial space; adopting findings that the project was properly analyzed in the Mitigated Negative Declaration prepared under the California Environmental Quality Act, and that the conveyance and lease are consistent with the City’s General Plan, and the priority policies of Planning Code Section 101.1; and authorizing and directing the Director of Property and Director of Mayor's Office of Housing and Community Development to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 354-16 ADOPTED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160796: Seven-Party Supplement to the 2012 Memorandum of Understanding - Peninsula Corridor Electrification Project - Pages: 14-15 - Vote 1: amendment - Action: dress the Funding Gap for the Peninsula Corridor Electrification Project. (Fiscal Impact) Privilege of the floor was granted unanimously to Gillian Gillett (Mayor's Office), Casey Fronson (Caltrain), Todd Rydstrom (Office of the Controller), and Anna LaForte (San Francisco County Transportation Authority) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 3-7, by striking 'WHEREAS, As a precondition of this Agreement, the parties have agreed on a Funding Partners Oversight Protocol for Caltrain's Cal Mod Program, a copy of which is in the Board of Supervisors File No. 160796, under which the funding partners will be able to closely monitor the Projects, have access to all project information, and participate in the decision-making process, especially when related to changes in the scope, schedule or cost; and', and Lines 20-21, by striking 'and also approves the Funding Partners Oversight Protocol for Caltrain's Cal Mod Program as a condition to approval of the Seven-Party Supplement.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: continuance - Action: City and County of San Francisco Page 689 Printed at 10:15 am on 10/26/16 Board of Supervisors Meeting Minutes 8/2/2016 (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Mar, moved that this Resolution be CONTINUED AS AMENDED. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: rescission - Action: Supervisor Cohen, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 4: continuance - Action: Supervisor Peskin, seconded by Supervisor Cohen, moved that this Resolution be AMENDED on Page 4, Line 18, to conditionally approve the Memorandum of Understanding, subject to approval by the Board of Supervisors and fundings, as may be amended. Before the vote was taken, Supervisor Peskin withdrew this motion. Supervisor Peskin, seconded by Supervisor Campos, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors Special Meeting of August 8, 2016, at 2:00 p.m. The motion carried by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Peskin, Tang - Noes: Breed, Cohen, Farrell, Wiener, Yee ### File 160797: Apply for, Accept, and Expend Grant - California Affordable Housing and Sustainable Communities Program - $12,055,858 - Pages: 15 - Vote 1: adoption, likely final - Action: 160797 [Apply for, Accept, and Expend Grant - California Affordable Housing and Sustainable Communities Program - $12,055,858] Sponsor: Kim Resolution authorizing the Treasure Island Director to submit a grant application and, if successful, accept and expend grant funds in the amount of $12,055,858 under the State of California's Affordable Housing and Sustainable Communities Program, as a joint applicant with Treasure Island Community Development, LLC. Resolution No. 355-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160798: Real Property Lease - 750 Brannan Street Props, LLC - 750 Brannan Street - $942,747 Rent in Initial Year - Pages: 15-16 - Vote 1: adoption, likely final - Action: y Lease - 750 Brannan Street Props, LLC - 750 Brannan Street - $942,747 Rent in Initial Year] Sponsor: Kim Resolution authorizing a Lease between the City and County of San Francisco, as Tenant, and 750 Brannan Street Props, LLC, a California limited liability company as Landlord, to be used as retail, production, warehouse, and related office space located at 750 Brannan Street, consisting of approximately 24,173 square feet of building and approximately 6,430 square feet of yard, for a ten year term expected to commence on or about January 1, 2017, and terminate on December 31, 2026, for use by the San Francisco Public Library, at $78,562.25 monthly; for $942,747 rent in the initial year with annual 3% percent increases and three five-year options to extend; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing a Sublease of a portion of that space consisting of approximately 2,833 square feet with the Friends & Foundation of the San Francisco Public Library, a 501(c)3 non profit agency, at the prorata City cost. (Fiscal Impact) Resolution No. 356-16 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Noes: Avalos, Campos, Peskin ### File 160800: Accept and Expend in-Kind Grant - Federal Highway Administration, Central Federal Lands Highway Division - South Ocean Beach Trail Project - Valued Up to $1,690,579 - Pages: 16 - Vote 1: adoption, likely final - Action: 160800 [Accept and Expend in-Kind Grant - Federal Highway Administration, Central Federal Lands Highway Division - South Ocean Beach Trail Project - Valued Up to $1,690,579] Sponsor: Tang Resolution authorizing the Recreation and Park Department to accept from the Federal Highway Administration, Central Federal Lands Highway Division, an in-kind grant of design and development services valued up to $1,690,579 for the creation of the South Ocean Beach Trail. (Recreation and Park Department) Resolution No. 358-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160829: Contract Amendment - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $55,198,000 - Pages: 16 - Vote 1: adoption, likely final - Action: 160829 [Contract Amendment - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $55,198,000] Sponsor: Tang Resolution approving Amendment No. 3 to Contract No. SFMTA 2011/12-06 with Alstom Transportation, Inc., for Vendor Managed Inventory Services to exercise the two remaining options to extend the contract through August 31, 2018, for an additional amount of $25,500,000 and a total contract not to exceed $55,198,000. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 359-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160551: Reward for Information About Underpayment of Property Tax - Charles Scoble - $1,848.17 - Pages: 16-17 - Vote 1: first-reading - Action: 160551 [Reward for Information About Underpayment of Property Tax - Charles Scoble - $1,848.17] Sponsor: Peskin Ordinance approving Assessor’s recommended reward of $1,848.17 to Charles Scoble for information that led to detection of underpayment of property tax from an unreported change in ownership. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160556: Yerba Buena Community Benefit District - Annual Report to the City - FY2014-2015 - Pages: 17 - Vote 1: adoption, likely final - Action: 160556 [Yerba Buena Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Kim Resolution receiving and approving an annual report for the Yerba Buena 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. 342-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160753: Civic Center Community Benefit District - Annual Report to the City - FY2014-2015 - Pages: 17 - Vote 1: adoption, likely final - Action: 160753 [Civic Center Community Benefit District - Annual Report to the City - FY2014-2015] Sponsors: Kim; Breed Resolution receiving and approving an annual report for the Civic Center 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. (Department of Economic and Workforce Development) Resolution No. 347-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160754: North of Market/Tenderloin Community Benefit District - Annual Reports to the City - FYs 2013-2014 and 2014-2015 - Pages: 17 - Vote 1: adoption, likely final - Action: 160754 [North of Market/Tenderloin Community Benefit District - Annual Reports to the City - FYs 2013-2014 and 2014-2015] Sponsor: Kim Resolution receiving and approving annual reports for the North of Market/Tenderloin Community Benefit District for FYs 2013-2014 and 2014-2015, 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. (Department of Economic and Workforce Development) Resolution No. 348-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 150926: Appointment, Treasure Island Development Authority Citizens Advisory Board - Jesse Tepper - Pages: 17-18 - Vote 1: approval, likely final - Action: 150926 [Appointment, Treasure Island Development Authority Citizens Advisory Board - Jesse Tepper] Motion appointing Jesse Tepper, for an indefinite term, to the Treasure Island Development Authority Citizens Advisory Board. (Rules Committee) Motion No. M16-106 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160773: Hearing - Appeal of Determination of Exemption from Environmental Review - Proposed Project at 2000-2070 Bryant Street - Pages: 18-19 - Vote 1: continuance - Action: of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued by the Planning Department on May 11, 2016, for the proposed project located at 2000-2070 Bryant Street, to allow the demolition of seven existing buildings, merging three lots into two new parcels, the construction of a six-story, 68-foot tall mixed-use building of approximately 203,656 square feet with a ground-level garage, and to allow construction of a 100% affordable eight-story, 85-foot tall mixed-use residential and arts-activity building of approximately 127,983 square feet, with a ground-level car-share garage. (District 9) (Appellant: Peter Papadopoulos) (Filed July 5, 2016). (Clerk of the Board) President Breed inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; spoke in support of the continuance. There were no other speakers. Supervisor Campos, seconded by Supervisor Avalos, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160774: Affirming the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street - Pages: 19 - Vote 1: continuance - Action: 160774 [Affirming the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion affirming the determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160775: Reversing the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street - Pages: 19 - Vote 1: continuance - Action: 160775 [Reversing the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion reversing the determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160776: Preparation of Findings to Reverse the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street - Pages: 19 - Vote 1: continuance - Action: 160776 [Preparation of Findings to Reverse the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Exemption determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160777: Hearing - Appeal of Conditional Use Authorization - 2000-2070 Bryant Street Projects - Pages: 19-20 - Vote 1: continuance - Action: Code, Section 303 and 317, for a proposed project at 2000-2070 Bryant Street, Assessor's Parcel Block No. 4022, Lot Nos. 001 and 002, identified in Case No. 2013.0677CUA, issued by the Planning Commission by Motion No. 19657 dated June 2, 2016, to permit the removal of three residential units for new construction of a six-story, 68-foot tall, mixed-use building of approximately 203,656 square feet with 199 dwelling units, ground floor retail/trade shop spaces, 12,000 square feet of ground floor Production, Distribution, and Repair space, one car-share parking space, 84 off-street parking spaces, 128 Class 1 bicycle parking spaces, and 18 Class 2 bicycle parking spaces. (District 9) (Appellant: Peter Papadopoulos) (Filed July 5, 2016). (Clerk of the Board) President Breed inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; spoke in support of the continuance. There were no other speakers. Supervisor Campos, seconded by Supervisor Avalos, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160778: Approving Conditional Use Authorization - 2000-2070 Bryant Street Project - Pages: 20 - Vote 1: continuance - Action: 160778 [Approving Conditional Use Authorization - 2000-2070 Bryant Street Project] Motion approving the decision of the Planning Commission by its Motion No. 19657, approving a Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160779: Disapproving Conditional Use Authorization - 2000-2070 Bryant Street Project - Pages: 20 - Vote 1: continuance - Action: 160779 [Disapproving Conditional Use Authorization - 2000-2070 Bryant Street Project] Motion disapproving the decision of the Planning Commission by its Motion No. 19657, approving a Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160780: Preparation of Findings Related to Conditional Use Authorization Appeal - 2000-2070 Bryant Street Project - Pages: 20-21 - Vote 1: continuance - Action: 160780 [Preparation of Findings Related to Conditional Use Authorization Appeal - 2000-2070 Bryant Street Project] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160715: Hearing - Report of Assessment Costs - Building Code Enforcement Violations - Pages: 21 ### File 160716: Report of Assessment Costs - Building Code Enforcement Violations - Pages: 21-22 - Vote 1: amendment - Action: 160716 [Report of Assessment Costs - Building Code Enforcement Violations] Resolution approving Report of Delinquent Charges for Assessment Costs submitted by the Director of the Department of Building Inspection for delinquent charges for code enforcement violations and associated fees pursuant to Building Code, Sections 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, the costs thereof having accrued pursuant to code enforcement violations. (Building Inspection Department) Alan Davison (Department of Building Inspection) indicated that the following address be removed from the accompanying report due to recent resolution or receipt of payment: 120 Shakespeare Street. The amendment to the accompanying report, as provided by the Department of Building Inspection, included in File No. 160716, was received without objection. Supervisor Mar, seconded by Supervisor Avalos, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 160716. 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. 345-16 ADOPTED, after accepting the amendment to the accompanying report, by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160882: Hearing - Initiative Ordinance - Planning Code - Requiring Conditional Use Authorization for Replacement of Production, Distribution, Repair, Institutional Community, and Arts Activities Uses - Pages: 22 ### File 160698: Initiative Ordinance - Planning Code - Requiring Conditional Use Authorization for Replacement of Production, Distribution, Repair, Institutional Community, and Arts Activities Uses - Pages: 22-23 - Vote 1: approval, likely final - Action: 160698 [Initiative Ordinance - Planning Code - Requiring Conditional Use Authorization for Replacement of Production, Distribution, Repair, Institutional Community, and Arts Activities Uses] Sponsors: Kim; Peskin and Campos Motion ordering submitted to the voters an Ordinance amending the Planning Code to require Conditional Use authorization for conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use and replacement space; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held November 8, 2016. (Economic Impact) Motion No. M16-105 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Kim, Mar, Peskin, Yee - Noes: Cohen, Farrell, Tang, Wiener ### File 160786: Master License Agreement - New Cingular Wireless PCS, LLC, dba AT&T Mobility - Wireless Telecommunication Equipment on Transit Support Poles - Revenue to Exceed $1,000,000 - Pages: 23 - Vote 1: adoption, likely final - Action: 160786 [Master License Agreement - New Cingular Wireless PCS, LLC, dba AT&T Mobility - Wireless Telecommunication Equipment on Transit Support Poles - Revenue to Exceed $1,000,000] Resolution retroactively approving an executed Master License Agreement between the City and County of San Francisco and New Cingular Wireless, LLC, for the installation of wireless telecommunication antennae and equipment on San Francisco Municipal Transportation Agency poles, each for an amount to exceed $1,000,000 and a term of nine years estimated from December 30, 2015, through December 29, 2024; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) Resolution No. 352-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Noes: Peskin ### File 160760: Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Tax on Technology Companies to Fund Affordable Housing and Homeless Services; Business Registration Fee Reduction - Pages: 23 ### File 160702: Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Henry Adams, Alameda, Rhode Island, and Division Streets - Pages: 23-24 - Vote 1: first-reading - Action: 160702 [Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Henry Adams, Alameda, Rhode Island, and Division Streets] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to change the official sidewalk width at 1 Henry Adams Street along Alameda, Rhode Island, Division, and Henry Adams Streets on Assessor’s Parcel Block No. 3911, Lot No. 001; adopting the Planning Commission’s environmental findings 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. (Public Works) PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160799: Planning Code - Interim Zoning Controls for Pharmacy and Medical Uses in Castro Street Neighborhood Commercial District - Pages: 24 - Vote 1: adoption, likely final - Action: 160799 [Planning Code - Interim Zoning Controls for Pharmacy and Medical Uses in Castro Street Neighborhood Commercial District] Sponsor: Wiener Resolution imposing interim zoning controls for an 18-month period in the Castro Street Neighborhood Commercial District to require a Conditional Use authorization by the Planning Commission under Planning Code, Section 303, for a proposed pharmacy or Medical Service use; and making environmental findings and findings of consistency with the General Plan and with the eight priority policies of Planning Code, Section 101.1. Resolution No. 357-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160870: Resolution of Intent - Street and Public Easement Vacation - Parkmerced Development Project - Pages: 24 - Vote 1: adoption, likely final - Action: s) that exist within the Subphases 1A and 1B of the Parkmerced Development Project area, an approximately 152 acre site located in the Lake Merced District in the southwest corner of San Francisco and generally bounded by Vidal Drive, Font Boulevard, Pinto Avenue, and Serrano Drive to the north, 19th Avenue and Junipero Serra Boulevard to the east, Brotherhood Way to the south, and Lake Merced Boulevard to the west; reserve various easement rights in favor of the City and third party utilities, subject to conditions specified; delegate authority to the Director of Real Estate to execute certain quit claim deeds; adopt findings under the California Environmental Quality Act; adopt findings that the vacations are consistent with the Parkmerced Development Agreement, the General Plan, and the eight priority policies of Planning Code, Section 101.1; direct the Clerk of the Board of Supervisors to make certain transmittals; authorize actions by City officials in furtherance of the street vacation ordinance; and setting a hearing date for all persons interested in the proposed vacation of said street areas and public service easements. Resolution No. 360-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160759: Urging the California Public Utilities Commission to Adopt Conviction History Regulations In Furtherance of a Level Regulatory Playing Field And In Compliance With San Francisco’s 2014 Fair Chance Ordinance - Pages: 25 ### File 160872: Lindy in the Park Day - August 21, 2016 - Pages: 25-26 ### File 160873: Laurence Kornfield Day - August 7, 2016 - Pages: 26 ### File 160874: Urging Cumulus Media to Engage in Good-Faith Negotiations and Reach a Fair Contract with KNBR 680 AM Radio Station Employees - Pages: 26 ### File 160875: Approval of a 30-Day Extension for Planning Commission Review of Exemptions and General Advertising Sign Penalties (File No. 160553) - Pages: 26 ### File 160841: Final Map 8305 - 243-247A Henry Street - Pages: 26-27 ### File 160842: Final Transfer Map 7879-8583 - 490 Jamestown Avenue - Pages: 27 - Vote 1: approval, likely final - Action: 160842 [Final Transfer Map 7879-8583 - 490 Jamestown Avenue] Motion approving Final Transfer Map 7879-8583, a sixteen lot subdivision with two remainder parcels within Assessor’s Parcel Block No. 5000, Lot Nos. 002 and 006, established for conveyancing or financing purposes in furtherance of the Candlestick Point and Phase 2 Hunters Point Shipyard development project; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-109 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160879: Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 8, 2016, Consolidated General Election - Pages: 27 - Vote 1: amendment - Action: 160879 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 8, 2016, Consolidated General Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 8, 2016, Consolidated General Election. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: approval, likely final - Action: Motion No. M16-110 APPROVED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160888: Acknowledging and Commending the Exemplary Work of the Office of the Clerk of the Board During an Unpredecented Legislative Season - Pages: 28 - Vote 1: approval, likely final - Action: 160888 [Acknowledging and Commending the Exemplary Work of the Office of the Clerk of the Board During an Unpredecented Legislative Season] Sponsor: Peskin Motion acknowledging and commending the exemplary work of the Office of the Clerk of the Board during the unprecendented Legislative Season, starting with the January 12, 2016, Board of Supervisors meeting. The President inquired as to whether any member of the public wished to address the Board relating to commending the Office of the Clerk of the Board as referenced in File No. 160888. Silvia Johnson; spoke on various concerns.. The President declared public comment closed. Motion No. M16-111 APPROVED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: other - Action: [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Campos, moved ADOPTION of the commendatory finding. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: other - Action: [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 Avalos, seconded by Supervisor Campos, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160889: Lucy Mirigian Day - August 15, 2016 - Pages: 28-29 - Vote 1: adoption, likely final - Action: 160889 [Lucy Mirigian Day - August 15, 2016] Sponsor: Avalos Resolution commending Lucy Mirigian on the occasion of her 110th birthday and her dedication to Armenian culture, and declaring August 15, 2016, as Lucy Mirigian 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 Lucy Mirigian Day as referenced in File No. 160889. Silvia Johnson; spoke on various concerns.. The President declared public comment closed. Resolution No. 365-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160425: Administrative Code - Ban on City-Funded Travel to and City Contracts Involving States With Anti-LGBT Laws - Pages: 29 ### File 160890: Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2016-2017 - Pages: 29 ### File 160891: Administrative, Police Codes - Prevailing Wage for Security Guard Services - Pages: 29-30 ### File 160892: Administrative Code - San Francisco City College Enrollment Fee Assistance Fund - Pages: 30 ### File 160893: Administrative, Public Works, Police Codes - Places for People Program; Permit Fee - Pages: 30 ### File 160894: Zoning - Interim Moratorium on First Story Business or Professional Service Uses in West Portal Avenue Neighborhood Commercial District - Pages: 30 ### File 160895: Real Property Lease - SFP2 1360 Mission St., LLC - 1360 Mission St., First and Second Floors - $763,110 Annual Base Rent - Pages: 30-31 ### File 160896: Multifamily Housing Revenue Note - 145 Guerrero Street - Francis of Assisi Community - Not to Exceed $50,000,000 - Pages: 31 ### File 160897: Accept and Expend Grant - State Vocational Rehabilitation Services Program - $271,200 - Pages: 31 ### File 160898: Real Property Acquisition - Connecticut Street and 25th Street - San Francisco Housing Authority - $1 - Pages: 31 ### File 160899: Accept and Expend Grant - San Francisco Parks Alliance - Parks Alliance Retroactive Grant for FY2014-2015 - $84,202 - Pages: 31-32 ### File 160900: Assessment Ballots for City-Owned Parcels - Central Market Community Benefit District - Modify the Management Plan and Engineer’s Report - Pages: 32 ### File 160901: Accept and Expend Grant - Trust for Public Land - Gene Friend Recreation Center Feasibility Study and Concept Design - $410,000 - Pages: 32 ### File 160902: Supporting California State Proposition 55 - California Tax Extension to Fund Education and Healthcare Initiative - Pages: 32 ### File 160903: Supporting California State Proposition 56 - California Healthcare, Research, and Prevention Tobacco Tax Amendment - Pages: 32 ### File 160904: Supporting California State Proposition 58 - Multilingual Education Act - Pages: 32-33 ### File 160905: Supporting California State Proposition 67 - Referendum to Support Ban on Single-Use Plastic Bags - Pages: 33 ### File 160906: Supporting San Francisco Unified School District Resolution Ordering School Bond Election - Pages: 33 ### File 160907: Supporting/Opposing the Recreation and Park Commission’s Proposed Equity Metrics - Pages: 33 ### File 160908: Urging the San Francisco Legislative Delegation to Amend or Oppose the Proposed “By-Right Housing Approvals” Budget Trailer Bill - Pages: 33-34 ### File 160909: Hearing - Compliance with the San Francisco Streetlight Policy - Pages: 34 ### File 160817: Hearing - Civil Grand Jury Report - San Francisco Building and Fire Safety Inspection: A Tale of Two Departments: Department of Building Inspection and San Francisco Fire Department - Pages: 34 ### File 160880: Hearing - Street Vacation Order - Parkmerced Development Project - Pages: 34-35 ### File 160837: Master Lease Amendment - United States Navy - Treasure Island Childcare - Pages: 35 ### File 160838: Master Lease Amendment - United States Navy - Treasure Island South Waterfront - Pages: 35 ### File 160839: Master Lease Amendment - United States Navy - Treasure Island Land and Structures - Pages: 35 ### File 160840: Official Naming of Unnamed Street - Martin Avenue - Pages: 35-36 ## Extracted text ### [Page 1](https://sfbos.info/documents/378/2016-08-02-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, August 2, 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 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 32 ### [Page 2](https://sfbos.info/documents/378/2016-08-02-minutes#page-2) Board of Supervisors Meeting Minutes 8/2/2016 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, August 2, 2016, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:03 p.m. On the call of the roll, Supervisor Kim was noted not present. There was a quorum. COMMUNICATIONS There were no communications. Supervisor Kim was noted present at 2:04 p.m. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of June 28, 2016. There were no corrections. Supervisor Mar, seconded by Supervisor Tang, moved to approve the Board Meeting Minutes of June 28, 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. CONSENT AGENDA Recommendations of the Government Audit and Oversight Committee 160713 [Settlement of Unlitigated Claim - Isis, also known as Isis Bastet - $59,155] Resolution approving the settlement of the unlitigated claim filed by Isis, also known as Isis Bastet, against the City and County of San Francisco for $59,155; the claim was filed on March 10, 2016; the claim involves an employment dispute. (City Attorney) Resolution No. 344-16 ADOPTED City and County of San Francisco Page 677 Printed at 10:15 am on 10/26/16 ### [Page 3](https://sfbos.info/documents/378/2016-08-02-minutes#page-3) Board of Supervisors Meeting Minutes 8/2/2016 160740 [Settlement of Unlitigated Claims - Jacobs Engineering Group, Inc. - $168,556] Resolution approving the settlement of the unlitigated claims between Jacobs Engineering Group, Inc. (“Jacobs”) and the City and County of San Francisco for $168,556; no formal claim has been filed; the potential claim involves Jacobs’ demand for payment of the entire withheld contract balance of $337,111 under its Construction Management Services Agreement with the City, Contract No. CS-914 (the “CM Contract”) related to water pipeline installation contract as part of the City’s Water System Improvement Program; additional material terms of the settlement are the parties’ mutual release of claims. (City Attorney) Resolution No. 346-16 ADOPTED 160771 [Settlement of Unlitigated Claim - United States Environmental Protection Agency - Yosemite Slough Sediment Site] Resolution approving settlement of United States Environmental Protection Agency’s (“EPA”) unlitigated claim against the City and County of San Francisco; no formal claim has been filed; the settlement resolves EPA’s claims against the City to perform pre-design technical studies in support of cleanup of the Yosemite Slough Sediment Site; the settlement requires the City and three other government entities to perform four technical studies at an estimated cost of $225,000 to be divided equally between four parties; additional material terms of the settlement are that the City will contract with a third party environmental consultant for performance of the studies, the City will assume responsibility for completion of the work pursuant to the settlement agreement, the City will assume responsibility and indemnify EPA for any stipulated penalties or claims arising in connection with performance of the work under the agreement, and the City will reimburse EPA for 25% of future response costs. (City Attorney) Resolution No. 350-16 ADOPTED 160772 [Settlement of Unlitigated Claim - Landmark American Insurance Company and RSUI Indemnity Company - City to Receive $700,000] Resolution approving settlement of the unlitigated claim of the City and County of San Francisco against Landmark American Insurance Company and RSUI Indemnity Company for $700,000; the claim involves attorney’s fees and costs incurred by the City defending claims and actions related to the water main break in the area of the 2600 and 2700 blocks of 15th Avenue and the 300 and 400 blocks of Wawona Street on February 27, 2013. (City Attorney) Resolution No. 351-16 ADOPTED Recommendation of the Rules Committee 160814 [Appointment, Child Care Planning and Advisory Council - Fonda Davidson] Motion appointing Fonda Davidson, term ending March 19, 2019, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M16-104 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 678 Printed at 10:15 am on 10/26/16 ### [Page 4](https://sfbos.info/documents/378/2016-08-02-minutes#page-4) Board of Supervisors Meeting Minutes 8/2/2016 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Sub-Committee 160747 [Administrative Code - Health Service System Plans and Contribution Rates for Calendar Year 2017] Sponsor: Farrell Ordinance approving Health Service System plans and contribution rates for calendar year 2017, and amending the Administrative Code to remove those rates from the Code. (Health Service System) (Fiscal Impact) Ordinance No. 176-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160827 [Agreements - Access to Fiber-Optic Facilities - Bay Bridge Consortium and Pacific Bell] Sponsor: Mayor Ordinance approving two agreements to enable the City to obtain access to fiber-optic facilities owned by Pacific Bell located on the San Francisco-Oakland Bay Bridge: an agreement between the City and the Bay Bridge Consortium for a term potentially in excess of ten years, and an agreement between the City and Pacific Bell for a term potentially in excess of ten years; and, with respect to both agreements, waiving the requirements of Administrative Code, Section 21.9, prohibiting automatic renewal provision in contracts. Ordinance No. 158-16 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 679 Printed at 10:15 am on 10/26/16 ### [Page 5](https://sfbos.info/documents/378/2016-08-02-minutes#page-5) Board of Supervisors Meeting Minutes 8/2/2016 Recommendations of the Government Audit and Oversight Committee 160422 [Fire, Housing, Building Codes - Fire Safety Requirements for Existing Buildings] Sponsors: Campos; Kim, Yee, Tang, Breed, Wiener, Peskin, Cohen and Mar Ordinance amending the Fire Code and the Housing Code to require building owners provide residential tenants with an annual written notice of smoke alarm requirements and require owners of buildings with three or more dwelling units file a statement of compliance with annual fire alarm testing and inspection requirements every two years; amending the Fire Code and Building Code to require building owners to upgrade existing fire alarm systems by July 1, 2021, or upon completion of $50,000 or more of construction work, whichever occurs earlier; amending the Building Code to require owners of Apartment Houses damaged by fire to submit an Action Plan to the City within 30 days of the fire, require re-inspection(s) of the premises by the Department of Building Inspection after a fire that has resulted in the displacement of residential occupants, and requiring owners of buildings in Group R occupancies with six or more units to install fire blocks in open accessible attics when performing $50,000 or more of construction work; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage as required by State law. (Fiscal Impact) Ordinance No. 165-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee President Breed requested File Nos. 160703, 160705, 160706, 160707, 160708, 160709, 160738, and 160770 be called together. 160703 [Settlement of Lawsuit - Muaadh Alawadhi and Suad Mahyoub - $156,250] Ordinance authorizing settlement of the lawsuit filed by Muaadh Alawadhi and Suad Mahyoub against the City and County of San Francisco for $156,250; the lawsuit was filed on January 7, 2015, in San Francisco Superior Court, Case No. CGC-15-543559; entitled Muaadh Alawadhi, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged medical negligence; other material terms of the settlement are co-defendant Regents of the University of California to pay $156,250. (City Attorney) Ordinance No. 168-16 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 680 Printed at 10:15 am on 10/26/16 ### [Page 6](https://sfbos.info/documents/378/2016-08-02-minutes#page-6) Board of Supervisors Meeting Minutes 8/2/2016 Appointment of President Pro Tempore At the request of President Breed, Supervisor Wiener assumed the chair at 2:09 p.m. so the President could be excused from voting on File No. 160704. The President resumed the chair at 2:10 p.m. Supervisor Breed Excused from Voting Supervisor Peskin, seconded by Supervisor Campos, moved that Supervisor Breed be excused from voting on File No. 160704. The motion carried by the following vote: Ayes: 10 - Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Breed 160704 [Settlement of Lawsuit - Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson - $90,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson against the City and County of San Francisco for $90,000; the lawsuit was filed on March 16, 2016, in United States District Court for the Northern District of California, Case No. C16-1305 JCS; entitled Ricardo Palikiko-Garcia, et al. v. City and County of San Francisco, et al.; the lawsuit involves allegations of excessive force, cruel and unusual punishment, and egregious government conduct. (City Attorney) Ordinance No. 169-16 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Breed 160705 [Settlement of Lawsuit - Blue Cross of California and Anthem Blue Cross Life and Health Insurance Company - City to Receive $6,250,000 and Future Payments] Ordinance authorizing settlement of the lawsuit filed by the City Attorney, acting on behalf of the People of the State of California, against Blue Cross of California dba Anthem Blue Cross, Anthem Blue Cross Life and Health Insurance Company (collectively, "Blue Cross") and Health Net of California for the payment by Blue Cross of $6,250,000 in restitution and civil penalties for under-reimbursing Zuckerberg San Francisco General Hospital and Trauma Center (“ZSFG”) for emergency medical care provided to Blue Cross’s insureds prior to July 1, 2015, and for the payment of additional amounts for such emergency medical care provided between July 1, 2015, and June 30, 2019; the lawsuit was filed on May 24, 2011, in San Francisco Superior Court, Case No. 11-511181; entitled People of the State of California v. Blue Cross of California, et al.; other material terms of said settlement are that Blue Cross and the City will enter into a prompt payment agreement under which Blue Cross agrees to pay and ZSFG agrees to accept certain specified rates for treatment provided by ZSFG to Blue Cross’s insureds for emergency medical services rendered from July 1, 2015, through at least June 30, 2019. (City Attorney) Ordinance No. 170-16 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 681 Printed at 10:15 am on 10/26/16 ### [Page 7](https://sfbos.info/documents/378/2016-08-02-minutes#page-7) Board of Supervisors Meeting Minutes 8/2/2016 160706 [Settlement of Lawsuit - State Farm General Insurance Company - $90,000] Ordinance authorizing settlement of the lawsuit filed by State Farm General Insurance Company against the City and County of San Francisco for $90,000; the lawsuit was filed on February 13, 2014, in San Francisco Superior Court, Case No. CGC-14-537478; entitled State Farm General Insurance Company v. City and County of San Francisco; the lawsuit involves alleged property damage arising from flooding. (City Attorney) Ordinance No. 171-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160707 [Settlement of Lawsuit - Paul Walker - $80,000] Ordinance authorizing settlement of the lawsuit filed by Paul Walker against the City and County of San Francisco for $80,000; the lawsuit was filed on November 10, 2015, in United States District Court, Northern District, Case No. CV-15-5129-JCS; entitled Paul Walker v. City and County of San Francisco; the lawsuit involves alleged Americans with Disabilities Act violations. (City Attorney) Ordinance No. 172-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160708 [Settlement of Lawsuit - Mery Perez - $87,500] Ordinance authorizing settlement of the lawsuit filed by Mery Perez against the City and County of San Francisco for $87,500; the lawsuit was filed on February 9, 2015, in San Francisco Superior Court, Case No. CGC-15-544024; entitled Mery Perez v. City and County of San Francisco; the lawsuit involves a medical malpractice claim; other material terms of the settlement are that co-defendant Dr. Derrick Lung is to pay $87,500. (City Attorney) Ordinance No. 173-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160709 [Settlement of Lawsuit - People of the State of California - $250,000] Ordinance authorizing settlement of the lawsuit filed by the People of the State of California against the City and County of San Francisco for $250,000; the lawsuit will be filed in Alameda County Superior Court; and be entitled People of the State of California v. San Francisco Public Utilities Commission and the City and County of San Francisco; the lawsuit involves alleged violations of California pollution prevention and hazardous materials laws at Public Utilities Commission facilities near Sunol in Alameda. (City Attorney) Ordinance No. 174-16 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 682 Printed at 10:15 am on 10/26/16 ### [Page 8](https://sfbos.info/documents/378/2016-08-02-minutes#page-8) Board of Supervisors Meeting Minutes 8/2/2016 160738 [Settlement of Lawsuit - Gary Frank and Debbie Frank - $245,000] Ordinance authorizing settlement of the lawsuit filed by Gary Frank and Debbie Frank against the City and County of San Francisco for $245,000; the lawsuit was filed on September 16, 2014, in San Francisco Superior Court, Case No. CGC-14-541671; entitled Gary Frank and Debbie Frank v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from flooding. (City Attorney) Ordinance No. 175-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160770 [Settlement of Lawsuit - Sadeq Naji - $30,000] Ordinance authorizing settlement of the lawsuit filed by Sadeq Naji against the City and County of San Francisco for $30,000; the lawsuit was filed on February 3, 2015, in San Francisco Superior Court, Case No. CGC 15-543936; entitled Sadeq Naji v. City and County of San Francisco; San Francisco Public Library; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 177-16 FINALLY PASSED 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 151122 [Administrative Code - Preferences in Affordable Housing Programs] Sponsors: Mayor; Cohen, Breed, Wiener, Farrell and Campos Ordinance amending the Administrative Code to create a fourth preference for people who live or work in San Francisco, in addition to existing preferences in allocating City affordable housing units, and to create an additional category of eligible displaced tenants that includes tenants displaced by fire; 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. 164-16 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 683 Printed at 10:15 am on 10/26/16 ### [Page 9](https://sfbos.info/documents/378/2016-08-02-minutes#page-9) Board of Supervisors Meeting Minutes 8/2/2016 160477 [Planning Code - Wireless Telecommunications Services Facilities] Sponsors: Avalos; Mar Ordinance amending the Planning Code to 1) define Wireless Telecommunications Services (WTS) Facilities; 2) create distinct WTS Facility land use controls and, among other things, require a conditional use authorization (CU) for Macro WTS Facilities in most Article 2, 7, and 8 Districts; 3) regulate Micro WTS Facilities in all Districts; 4) require that a WTS Facility’s CU shall expire after ten years; 5) regulate WTS Facilities in certain Mission Bay Districts and P Districts; 6) exempt certain telecommunications equipment accessory uses from height limitations; 7) allow screening elements for WTS Facilities to exceed height limits, consistent with existing height limit exemptions for antennas; 8) define and regulate Temporary WTS Facilities; 9) allow the Historic Preservation Commission to delegate determinations on applications for Administrative Certificates of Appropriateness and Minor Permits to Alter to Planning Department staff; 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. 166-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160590 [Public Works Code - Street Space Occupancy Permits] Sponsor: Farrell Ordinance amending the Public Works Code to place additional limits on the duration of street space occupancy permits, and to limit the number of such permits including permit extensions that can be issued at the same address during a three-year period in Residential, Urban Mixed-Use, and Neighborhood Commercial Districts, and precluding the issuance of such permits at the same address for two years after that three-year period; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 167-16 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 684 Printed at 10:15 am on 10/26/16 ### [Page 10](https://sfbos.info/documents/378/2016-08-02-minutes#page-10) Board of Supervisors Meeting Minutes 8/2/2016 Supervisor Farrell Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Farrell be excused from voting on File No. 160790. The motion carried by the following vote: Ayes: 10 - Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Farrell Referred Without Recommendation from the Land Use and Transportation Committee 160790 [Administrative Code - Short-Term Residential Rentals] Sponsors: Campos; Peskin, Avalos and Mar Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to require Hosting Platforms to verify that a Residential Unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction, and to provide an affidavit of compliance to the City and retain certain records; authorize the Office of Short Term Rentals to issue an administrative subpoena to obtain records; provide for civil, administrative, and criminal penalties against Hosting Platforms for violations of their obligations under the Residential Unit Conversion Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 178-16 FINALLY PASSED by the following vote: Ayes: 10 - Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Wiener, Yee Excused: 1 - Farrell City and County of San Francisco Page 685 Printed at 10:15 am on 10/26/16 ### [Page 11](https://sfbos.info/documents/378/2016-08-02-minutes#page-11) Board of Supervisors Meeting Minutes 8/2/2016 Recommendation of the Public Safety and Neighborhood Services Committee 150792 [Fire Code - Disclosure of Fire Safety Information] Sponsors: Tang; Mar, Campos and Breed Ordinance amending the San Francisco Fire Code to require building owners and homeowners’ associations to provide fire safety information to residents in buildings with three or more dwelling units, and annual fire safety information and training to residents in buildings with 16 or more units; making findings as to local conditions pursuant to the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to transmit the Ordinance to appropriate State officials. Supervisor Breed requested to be added as a co-sponsor. Ordinance No. 163-16 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 160719 [Police Code - Paid Parental Leave Ordinance] Sponsors: Wiener; Yee Ordinance amending the Police Code to make technical amendments to the Paid Parental Leave Ordinance consistent with its original intent. PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee President Breed requested File Nos. 160310 and 160312 be called together. 160310 [Early Lease Termination and Reimbursement of Unamortized Construction Costs - Legends Bar of San Francisco, LLC - $70,270] Resolution approving the early termination of Boarding Area B Casual Dining and Bar Lease No. 05-0075, between Legends Bar of San Francisco, LLC and the City and County of San Francisco, acting by and through its Airport Commission; and the reimbursement of $70,270 in unamortized construction costs. (Airport Commission) Resolution No. 339-16 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 686 Printed at 10:15 am on 10/26/16 ### [Page 12](https://sfbos.info/documents/378/2016-08-02-minutes#page-12) Board of Supervisors Meeting Minutes 8/2/2016 160312 [Lease Amendment - Hudson News Company - Terminal 1 Boarding Area C Retail Lease - $1,320,973.20 Minimum Annual Guarantee, $2,506 Annual Promotional Charge, and Reimbursing $173,022.24 for Unamortized Construction Costs] Resolution approving Amendment No. 1 to the Terminal 1 Boarding Area C Retail Lease No. 09-0093, between Hudson News Company and the City and County of San Francisco, acting by and through its Airport Commission, reducing the minimum annual guarantee to $1,320,973.20, the annual promotional charge to $2,506, and reimbursing the Hudson News Company $173,022.24 for unamortized construction costs. (Airport Commission) (Fiscal Impact) Resolution No. 340-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160329 [Accept and Expend Gift - Molly Fleischner - Laguna Honda Hospital Gift Fund - $100,000 - Assistive Technology Equipment and Services] Sponsors: Yee; Breed Resolution authorizing the Department of Public Health to retroactively accept and expend a monetary gift in the amount of $100,000 from Ms. Molly Fleischner to the Laguna Honda Hospital Gift Fund for the purchase of assistive technology equipment and services for residents at Laguna Honda who are otherwise unable to obtain them. (Public Health Department) Supervisor Breed requested to be added as a co-sponsor. Resolution No. 341-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160710 [Real Property Lease - Townsend Associates, LLC - 650-5th Street, Suites 307-309 and Four Parking Stalls - $177,480 Annual Base Rent] Resolution authorizing the lease of approximately 3,060 square feet at 650-5th Street, Suites 307-309, with four parking stalls, with Townsend Associates, LLC, a California limited liability company, for a five year term commencing upon approval by the Board of Supervisors and Mayor, with one option to extend for three years at the monthly base rent of $14,790, for a total annual base rent of $177,480. (Public Health Department) Resolution No. 343-16 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 687 Printed at 10:15 am on 10/26/16 ### [Page 13](https://sfbos.info/documents/378/2016-08-02-minutes#page-13) Board of Supervisors Meeting Minutes 8/2/2016 President Breed requested File Nos. 160794 and 160795 be called together. 160794 [Multifamily Housing Revenue Bonds - 1036 Mission Street - Not to Exceed $32,100,000] Sponsors: Mayor; Kim Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $32,100,000 for the purpose of providing financing for the acquisition and construction of an 83-unit multifamily residential rental housing project located at 1036 Mission Street within the City; approving the form of and authorizing the execution of a trust indenture providing terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters. (Mayor’s Office of Housing and Community Development) Privilege of the floor was granted unanimously to Sophie Hayward (Mayor’s Office of Housing and Community Development) who responded to questions raised throughout the discussion. Resolution No. 353-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160795 [Agreements - Purchase and Sale for Real Estate and Ground Lease - 1036 Mission Associates, L.P - 1036 Mission Street - $5,476,250 and $15,000 Respectively] Sponsors: Mayor; Kim Resolution approving and authorizing the execution and performance of an Agreement of Purchase and Sale of Real Estate in connection with the acquisition of the parcel located at 1036 Mission Street (Assessor’s Parcel Block No. 3703, Lot No. 162) (“the Property”), for $5,476,250, and a long term, 85-years with a 14-year extension option, Ground Lease of the Property for $15,000 annual base rent, with 1036 Mission Associates, L.P., to construct a 100% affordable, 83-unit multifamily rental housing development for low-income households and formally homeless families and a commercial shell for a 1,061 square foot commercial space; adopting findings that the project was properly analyzed in the Negative Declaration prepared under the California Environmental Quality Act, and that the conveyance and lease are consistent with the City’s General Plan, and the priority policies of Planning Code Section 101.1; and authorizing and directing the Director of Property and Director of Mayor's Office of Housing and Community Development to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Privilege of the floor was granted unanimously to Sophie Hayward (Mayor’s Office of Housing and Community Development) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 11, by adding 'Mitigated' before 'Negative Declaration'; on Page 3, Lines 16-20, by striking the 'WHEREAS' clause that references the environmental review determination, Line 23, by striking 'Resolution No. 19135' and adding 'Motion No. 17875', and Line 25, by adding '("MMRP"); on Page 4, Lines 1-13, by adding three 'WHEREAS' clauses that further reference Planning Commission Motion No. 17875, the Motion's determinations, and the Planning Department's findings, Lines 20-23, by striking the 'FURTHER RESOLVED' clause that references the 'Mitigated Negative Declaration'; and on Page 4, Line 23, through Page 5, Line 9, by adding a 'FURTHER RESOLVED' clause that adopts the findings of Planning Commission Motion Nos. 17875 and 19135. 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 688 Printed at 10:15 am on 10/26/16 ### [Page 14](https://sfbos.info/documents/378/2016-08-02-minutes#page-14) Board of Supervisors Meeting Minutes 8/2/2016 Resolution approving and authorizing the execution and performance of an Agreement of Purchase and Sale of Real Estate in connection with the acquisition of the parcel located at 1036 Mission Street (Assessor’s Parcel Block No. 3703, Lot No. 162) (“the Property”), for $5,476,250, and a long term, 85-years with a 14-year extension option, Ground Lease of the Property for $15,000 annual base rent, with 1036 Mission Associates, L.P., to construct a 100% affordable, 83-unit multifamily rental housing development for low-income households and formally homeless families and a commercial shell for a 1,061 square foot commercial space; adopting findings that the project was properly analyzed in the Mitigated Negative Declaration prepared under the California Environmental Quality Act, and that the conveyance and lease are consistent with the City’s General Plan, and the priority policies of Planning Code Section 101.1; and authorizing and directing the Director of Property and Director of Mayor's Office of Housing and Community Development to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 354-16 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160796 [Seven-Party Supplement to the 2012 Memorandum of Understanding - Peninsula Corridor Electrification Project] Sponsor: Cohen Resolution approving the Seven-Party Supplement to 2012 Memorandum of Understanding, regarding Financial Commitments to Address the Funding Gap for the Peninsula Corridor Electrification Project. (Fiscal Impact) Privilege of the floor was granted unanimously to Gillian Gillett (Mayor's Office), Casey Fronson (Caltrain), Todd Rydstrom (Office of the Controller), and Anna LaForte (San Francisco County Transportation Authority) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 3-7, by striking 'WHEREAS, As a precondition of this Agreement, the parties have agreed on a Funding Partners Oversight Protocol for Caltrain's Cal Mod Program, a copy of which is in the Board of Supervisors File No. 160796, under which the funding partners will be able to closely monitor the Projects, have access to all project information, and participate in the decision-making process, especially when related to changes in the scope, schedule or cost; and', and Lines 20-21, by striking 'and also approves the Funding Partners Oversight Protocol for Caltrain's Cal Mod Program as a condition to approval of the Seven-Party Supplement.' 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 689 Printed at 10:15 am on 10/26/16 ### [Page 15](https://sfbos.info/documents/378/2016-08-02-minutes#page-15) Board of Supervisors Meeting Minutes 8/2/2016 (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Mar, moved that this Resolution be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Cohen, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Supervisor Peskin, seconded by Supervisor Cohen, moved that this Resolution be AMENDED on Page 4, Line 18, to conditionally approve the Memorandum of Understanding, subject to approval by the Board of Supervisors and fundings, as may be amended. Before the vote was taken, Supervisor Peskin withdrew this motion. Supervisor Peskin, seconded by Supervisor Campos, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors Special Meeting of August 8, 2016, at 2:00 p.m. The motion carried by the following vote: Ayes: 6 - Avalos, Campos, Kim, Mar, Peskin, Tang Noes: 5 - Breed, Cohen, Farrell, Wiener, Yee 160797 [Apply for, Accept, and Expend Grant - California Affordable Housing and Sustainable Communities Program - $12,055,858] Sponsor: Kim Resolution authorizing the Treasure Island Director to submit a grant application and, if successful, accept and expend grant funds in the amount of $12,055,858 under the State of California's Affordable Housing and Sustainable Communities Program, as a joint applicant with Treasure Island Community Development, LLC. Resolution No. 355-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160798 [Real Property Lease - 750 Brannan Street Props, LLC - 750 Brannan Street - $942,747 Rent in Initial Year] Sponsor: Kim Resolution authorizing a Lease between the City and County of San Francisco, as Tenant, and 750 Brannan Street Props, LLC, a California limited liability company as Landlord, to be used as retail, production, warehouse, and related office space located at 750 Brannan Street, consisting of approximately 24,173 square feet of building and approximately 6,430 square feet of yard, for a ten year term expected to commence on or about January 1, 2017, and terminate on December 31, 2026, for use by the San Francisco Public Library, at $78,562.25 monthly; for $942,747 rent in the initial year with annual 3% percent increases and three five-year options to extend; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing a Sublease of a portion of that space consisting of approximately 2,833 square feet with the Friends & Foundation of the San Francisco Public Library, a 501(c)3 non profit agency, at the prorata City cost. (Fiscal Impact) Resolution No. 356-16 ADOPTED by the following vote: Ayes: 8 - Breed, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Peskin City and County of San Francisco Page 690 Printed at 10:15 am on 10/26/16 ### [Page 16](https://sfbos.info/documents/378/2016-08-02-minutes#page-16) Board of Supervisors Meeting Minutes 8/2/2016 160800 [Accept and Expend in-Kind Grant - Federal Highway Administration, Central Federal Lands Highway Division - South Ocean Beach Trail Project - Valued Up to $1,690,579] Sponsor: Tang Resolution authorizing the Recreation and Park Department to accept from the Federal Highway Administration, Central Federal Lands Highway Division, an in-kind grant of design and development services valued up to $1,690,579 for the creation of the South Ocean Beach Trail. (Recreation and Park Department) Resolution No. 358-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160829 [Contract Amendment - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $55,198,000] Sponsor: Tang Resolution approving Amendment No. 3 to Contract No. SFMTA 2011/12-06 with Alstom Transportation, Inc., for Vendor Managed Inventory Services to exercise the two remaining options to extend the contract through August 31, 2018, for an additional amount of $25,500,000 and a total contract not to exceed $55,198,000. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 359-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Recommendations of the Government Audit and Oversight Committee 160551 [Reward for Information About Underpayment of Property Tax - Charles Scoble - $1,848.17] Sponsor: Peskin Ordinance approving Assessor’s recommended reward of $1,848.17 to Charles Scoble for information that led to detection of underpayment of property tax from an unreported change in ownership. 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 691 Printed at 10:15 am on 10/26/16 ### [Page 17](https://sfbos.info/documents/378/2016-08-02-minutes#page-17) Board of Supervisors Meeting Minutes 8/2/2016 President Breed requested File Nos. 160556, 160753, and 160754 be called together. 160556 [Yerba Buena Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Kim Resolution receiving and approving an annual report for the Yerba Buena 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. 342-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160753 [Civic Center Community Benefit District - Annual Report to the City - FY2014-2015] Sponsors: Kim; Breed Resolution receiving and approving an annual report for the Civic Center 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. (Department of Economic and Workforce Development) Resolution No. 347-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160754 [North of Market/Tenderloin Community Benefit District - Annual Reports to the City - FYs 2013-2014 and 2014-2015] Sponsor: Kim Resolution receiving and approving annual reports for the North of Market/Tenderloin Community Benefit District for FYs 2013-2014 and 2014-2015, 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. (Department of Economic and Workforce Development) Resolution No. 348-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Recommendation of the Rules Committee 150926 [Appointment, Treasure Island Development Authority Citizens Advisory Board - Jesse Tepper] Motion appointing Jesse Tepper, for an indefinite term, to the Treasure Island Development Authority Citizens Advisory Board. (Rules Committee) Motion No. M16-106 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 692 Printed at 10:15 am on 10/26/16 ### [Page 18](https://sfbos.info/documents/378/2016-08-02-minutes#page-18) Board of Supervisors Meeting Minutes 8/2/2016 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Avalos, seconded by Supervisor Mar, 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 President Breed introduced, welcomed, and presented a posthumous Certificate of Honor for Craig Cook in recognition of the many accomplishments throughout his life and support for the Haight-Ashbury neighborhood. Vickie Cook, Craig Cook, Jr., Cheryl Cook, and members of the Haight Ashbury Reunion Committee accepted the commendation in his honor. Supervisor Avalos introduced, welcomed, and presented a Certificate of Honor to Lucy Mirigian on the occasion of her 110th birthday and for her dedication to the Armenian culture, and declaring August 15, 2016, as Lucy Mirigian Day in the City and County of San Francisco. Haro and Sonia Mirigian accepted the certificate and spoke on their mother’s behalf. Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Judy Viertel and Ken Watanabe, of Lindy in the Park, in recognition of their 19th Anniversary providing swing dancing in Golden Gate Park and continued community support. SPECIAL ORDER 3:00 P.M. President Breed requested File Nos. 160773, 160774, 160775, 160776, 160777, 160778, 160779, and 160780 be called together. 160773 [Hearing - Appeal of Determination of Exemption from Environmental Review - Proposed Project at 2000-2070 Bryant Street] Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued by the Planning Department on May 11, 2016, for the proposed project located at 2000-2070 Bryant Street, to allow the demolition of seven existing buildings, merging three lots into two new parcels, the construction of a six-story, 68-foot tall mixed-use building of approximately 203,656 square feet with a ground-level garage, and to allow construction of a 100% affordable eight-story, 85-foot tall mixed-use residential and arts-activity building of approximately 127,983 square feet, with a ground-level car-share garage. (District 9) (Appellant: Peter Papadopoulos) (Filed July 5, 2016). (Clerk of the Board) President Breed inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; spoke in support of the continuance. There were no other speakers. Supervisor Campos, seconded by Supervisor Avalos, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee President Breed CONTINUED the Hearing to September 13, 2016. City and County of San Francisco Page 693 Printed at 10:15 am on 10/26/16 ### [Page 19](https://sfbos.info/documents/378/2016-08-02-minutes#page-19) Board of Supervisors Meeting Minutes 8/2/2016 160774 [Affirming the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion affirming the determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160775 [Reversing the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion reversing the determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160776 [Preparation of Findings to Reverse the Community Plan Exemption Determination - Proposed Project at 2000-2070 Bryant Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Exemption determination by the Planning Department that a proposed project at 2000-2070 Bryant Street is exempt from further environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee SPECIAL ORDER 3:00 P.M. 160777 [Hearing - Appeal of Conditional Use Authorization - 2000-2070 Bryant Street Projects] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Section 303 and 317, for a proposed project at 2000-2070 Bryant Street, Assessor's Parcel Block No. 4022, Lot Nos. 001 and 002, identified in Case No. 2013.0677CUA, issued by the Planning Commission by Motion No. 19657 dated June 2, 2016, to permit the removal of three residential units for new construction of a six-story, 68-foot tall, mixed-use building of approximately 203,656 square feet with 199 dwelling units, ground floor retail/trade shop spaces, 12,000 square feet of ground floor Production, Distribution, and Repair space, one car-share parking space, 84 off-street parking spaces, 128 Class 1 bicycle parking spaces, and 18 Class 2 bicycle parking spaces. (District 9) (Appellant: Peter Papadopoulos) (Filed July 5, 2016). (Clerk of the Board) President Breed inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Male Speaker; spoke in support of the continuance. There were no other speakers. Supervisor Campos, seconded by Supervisor Avalos, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 13, 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 694 Printed at 10:15 am on 10/26/16 ### [Page 20](https://sfbos.info/documents/378/2016-08-02-minutes#page-20) Board of Supervisors Meeting Minutes 8/2/2016 President Breed CONTINUED the Hearing to September 13, 2016. 160778 [Approving Conditional Use Authorization - 2000-2070 Bryant Street Project] Motion approving the decision of the Planning Commission by its Motion No. 19657, approving a Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160779 [Disapproving Conditional Use Authorization - 2000-2070 Bryant Street Project] Motion disapproving the decision of the Planning Commission by its Motion No. 19657, approving a Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 2016. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160780 [Preparation of Findings Related to Conditional Use Authorization Appeal - 2000-2070 Bryant Street Project] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2013.0677CUA for a proposed project located at 2000-2070 Bryant Street. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 13, 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 695 Printed at 10:15 am on 10/26/16 ### [Page 21](https://sfbos.info/documents/378/2016-08-02-minutes#page-21) Board of Supervisors Meeting Minutes 8/2/2016 SPECIAL ORDER 3:00 P.M. President Breed requested File Nos. 160715 and 160716 be called together. Board of Supervisors Sitting as a Committee of the Whole 160715 [Hearing - Report of Assessment Costs - Building Code Enforcement Violations] Hearing to consider objections to a report of delinquent charges for assessment costs submitted by the Director of the Department of Building Inspection for delinquent charges for code enforcement violations and associated fees pursuant to the provisions of San Francisco Building Code, Sections 102A.3, 102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above; scheduled pursuant to Motion No. M16-088, approved on June 28, 2016. (Clerk of the Board) President Breed reopened the public hearing and inquired as to whether any member of the public wished to address the Board relating to assessments as referenced in File No. 160716. Alan Davison (Department of Building Inspection) provided an overview of the assessments. Ian Hato; spoke objecting to the proposed assessments. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report 160716 [Report of Assessment Costs - Building Code Enforcement Violations] Resolution approving Report of Delinquent Charges for Assessment Costs submitted by the Director of the Department of Building Inspection for delinquent charges for code enforcement violations and associated fees pursuant to Building Code, Sections 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, the costs thereof having accrued pursuant to code enforcement violations. (Building Inspection Department) Alan Davison (Department of Building Inspection) indicated that the following address be removed from the accompanying report due to recent resolution or receipt of payment: 120 Shakespeare Street. The amendment to the accompanying report, as provided by the Department of Building Inspection, included in File No. 160716, was received without objection. Supervisor Mar, seconded by Supervisor Avalos, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 160716. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Resolution No. 345-16 ADOPTED, after accepting the amendment to the accompanying report, by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee City and County of San Francisco Page 696 Printed at 10:15 am on 10/26/16 ### [Page 22](https://sfbos.info/documents/378/2016-08-02-minutes#page-22) Board of Supervisors Meeting Minutes 8/2/2016 SPECIAL ORDER 3:00 P.M. President Breed requested File Nos. 160882 and 160698 be called together. Board of Supervisors Sitting as a Committee of the Whole 160882 [Hearing - Initiative Ordinance - Planning Code - Requiring Conditional Use Authorization for Replacement of Production, Distribution, Repair, Institutional Community, and Arts Activities Uses] Hearing to consider a Motion (File No. 160698) ordering submitted to the voters an Ordinance amending the Planning Code to require Conditional Use authorization for conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use and replacement space; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held on November 8, 2016. (Clerk of the Board) President Breed opened the public hearing and inquired as to whether any member of the public wished to address the Committee of the Whole relating to the amendments of the proposed Initiative Ordinance as referenced in File No. 160698. Don Olberling; Female Speaker; Sharon Stoyer; Eric Petwell; Flora Davis; Scott Piper; Male Speaker; Otto Duffy; spoke in support of this Initiative Ordinance. The President declared the public hearing closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report Referred Without Recommendation from the Rules Committee 160698 [Initiative Ordinance - Planning Code - Requiring Conditional Use Authorization for Replacement of Production, Distribution, Repair, Institutional Community, and Arts Activities Uses] Sponsors: Kim; Peskin and Campos Motion ordering submitted to the voters an Ordinance amending the Planning Code to require Conditional Use authorization for conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use and replacement space; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held November 8, 2016. (Economic Impact) Motion No. M16-105 APPROVED by the following vote: Ayes: 7 - Avalos, Breed, Campos, Kim, Mar, Peskin, Yee Noes: 4 - Cohen, Farrell, Tang, Wiener City and County of San Francisco Page 697 Printed at 10:15 am on 10/26/16 ### [Page 23](https://sfbos.info/documents/378/2016-08-02-minutes#page-23) Board of Supervisors Meeting Minutes 8/2/2016 COMMITTEE REPORTS Recommendations of the Budget and Finance Committee 160786 [Master License Agreement - New Cingular Wireless PCS, LLC, dba AT&T Mobility - Wireless Telecommunication Equipment on Transit Support Poles - Revenue to Exceed $1,000,000] Resolution retroactively approving an executed Master License Agreement between the City and County of San Francisco and New Cingular Wireless, LLC, for the installation of wireless telecommunication antennae and equipment on San Francisco Municipal Transportation Agency poles, each for an amount to exceed $1,000,000 and a term of nine years estimated from December 30, 2015, through December 29, 2024; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) Resolution No. 352-16 ADOPTED by the following vote: Ayes: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Noes: 1 - Peskin 160760 [Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Tax on Technology Companies to Fund Affordable Housing and Homeless Services; Business Registration Fee Reduction] Sponsors: Mar, Peskin and Campos Motion ordering submitted to the voters at an election to be held on November 8, 2016, an Ordinance amending the Business and Tax Regulations Code and Administrative Code to reduce the business registration fee on persons with $1,000,000 or less in gross receipts and to impose a new 1.5% special tax on the payroll expense of technology companies engaged in business in the City to fund affordable housing and homeless services; and increasing the City’s appropriations limit by the amount of the new tax for four years from November 8, 2016. (Economic Impact) (Supervisor Yee dissented in Committee.) The Budget and Finance Committee tabled this matter at the August 1, 2016, special meeting; therefore, it was not sent as a committee report. Recommendations of the Land Use and Transportation Committee 160702 [Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Henry Adams, Alameda, Rhode Island, and Division Streets] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to change the official sidewalk width at 1 Henry Adams Street along Alameda, Rhode Island, Division, and Henry Adams Streets on Assessor’s Parcel Block No. 3911, Lot No. 001; adopting the Planning Commission’s environmental findings 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. (Public Works) 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 698 Printed at 10:15 am on 10/26/16 ### [Page 24](https://sfbos.info/documents/378/2016-08-02-minutes#page-24) Board of Supervisors Meeting Minutes 8/2/2016 160799 [Planning Code - Interim Zoning Controls for Pharmacy and Medical Uses in Castro Street Neighborhood Commercial District] Sponsor: Wiener Resolution imposing interim zoning controls for an 18-month period in the Castro Street Neighborhood Commercial District to require a Conditional Use authorization by the Planning Commission under Planning Code, Section 303, for a proposed pharmacy or Medical Service use; and making environmental findings and findings of consistency with the General Plan and with the eight priority policies of Planning Code, Section 101.1. Resolution No. 357-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160870 [Resolution of Intent - Street and Public Easement Vacation - Parkmerced Development Project] Sponsor: Yee Resolution declaring the intent of the Board of Supervisors to order the conditional vacation of portions of streets (along with public service easements within those streets) that exist within the Subphases 1A and 1B of the Parkmerced Development Project area, an approximately 152 acre site located in the Lake Merced District in the southwest corner of San Francisco and generally bounded by Vidal Drive, Font Boulevard, Pinto Avenue, and Serrano Drive to the north, 19th Avenue and Junipero Serra Boulevard to the east, Brotherhood Way to the south, and Lake Merced Boulevard to the west; reserve various easement rights in favor of the City and third party utilities, subject to conditions specified; delegate authority to the Director of Real Estate to execute certain quit claim deeds; adopt findings under the California Environmental Quality Act; adopt findings that the vacations are consistent with the Parkmerced Development Agreement, the General Plan, and the eight priority policies of Planning Code, Section 101.1; direct the Clerk of the Board of Supervisors to make certain transmittals; authorize actions by City officials in furtherance of the street vacation ordinance; and setting a hearing date for all persons interested in the proposed vacation of said street areas and public service easements. Resolution No. 360-16 ADOPTED 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. Appointment of President Pro Tempore At the request of President Breed, Supervisor Farrell assumed the chair at 4:48 p.m. The President resumed the chair at 5:02 p.m. City and County of San Francisco Page 699 Printed at 10:15 am on 10/26/16 ### [Page 25](https://sfbos.info/documents/378/2016-08-02-minutes#page-25) Board of Supervisors Meeting Minutes 8/2/2016 PUBLIC COMMENT Abdalla Megahed; expressed concerns over the need for equality. Andrew Yip; shared various experiences and thoughts with the Board. Christopher Dahl; expressed concerns regarding Female Speaker; shared concerns regarding the persecution of Falun Dafa. Felicia Elizondo; shared concerns regarding the loss of historical knowledge. Female Speaker; shared concerns over property code violations. Steve Fishman; expressed support of File No. 160874 regarding a fair contract with KNBR employees. James Kincaid; expressed support of File No. 160874 regarding a fair contract with KNBR employees. Amy Hall; expressed support of File No. 160874 regarding a fair contract with KNBR employees. Silvia Johnson; shared various experiences and thoughts with the Board. Charles Platform; shared various concerns with the Board. Male Speaker; shared various religious concerns. Tom Gilberty; shared concerns regarding protection of citizens and gun carried by police. Otto Duffy; shared various concerns with the Board. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 160759 [Urging the California Public Utilities Commission to Adopt Conviction History Regulations In Furtherance of a Level Regulatory Playing Field And In Compliance With San Francisco’s 2014 Fair Chance Ordinance] Sponsor: Peskin Resolution urging the California Public Utilities Commission to adopt regulations of Transportation Network Companies that comply with San Francisco’s 2014 Fair Chance Ordinance, recognizing the importance of a level regulatory playing field between Transportation Network Companies and traditional taxi cab companies, and supporting the California Public Utilities Commission’s solicitation for comment regarding the current method of criminal background checks for Transportation Network Companies. Resolution No. 349-16 ADOPTED 160872 [Lindy in the Park Day - August 21, 2016] Sponsor: Mar Resolution declaring August 21, 2016, as Lindy in the Park Day and recognizing its 19th Anniversary in the City and County of San Francisco. Resolution No. 361-16 ADOPTED City and County of San Francisco Page 700 Printed at 10:15 am on 10/26/16 ### [Page 26](https://sfbos.info/documents/378/2016-08-02-minutes#page-26) Board of Supervisors Meeting Minutes 8/2/2016 160873 [Laurence Kornfield Day - August 7, 2016] Sponsors: Peskin; Mar Resolution declaring Sunday, August 7, 2016, as Laurence Kornfield Day in the City and County of San Francisco. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 362-16 ADOPTED 160874 [Urging Cumulus Media to Engage in Good-Faith Negotiations and Reach a Fair Contract with KNBR 680 AM Radio Station Employees] Sponsors: Peskin; Mar and Campos Resolution urging Cumulus Media to engage in good-faith negotiations and reach a fair contract with the Screen Actors Guild American Federation of Television and Radio Artists (SAG-AFTRA) members employed by KNBR 680 AM Radio Station. Supervisors Mar and Campos requested to be added as co-sponsors. Resolution No. 363-16 ADOPTED 160875 [Approval of a 30-Day Extension for Planning Commission Review of Exemptions and General Advertising Sign Penalties (File No. 160553)] Sponsor: Peskin Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 160553) amending the Planning Code to clarify that all noncommercial Signs are exempt from regulations pursuant to Planning Code, Article 6; increase penalties for repeat violations for the display of illegal General Advertising Signs; shorten the time before penalties for General Advertising Sign violations begin to accrue; allow property liens for such penalties that go unpaid; 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 a finding of public necessity, convenience, and welfare under Planning Code, Section 302. Resolution No. 364-16 ADOPTED 160841 [Final Map 8305 - 243-247A Henry Street] Motion approving Final Map 8305, a six residential unit Condominium Project, located at 243-247A Henry Street, being a subdivision of Assessor’s Parcel Block No. 2612, Lot No. 061, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-108 APPROVED City and County of San Francisco Page 701 Printed at 10:15 am on 10/26/16 ### [Page 27](https://sfbos.info/documents/378/2016-08-02-minutes#page-27) Board of Supervisors Meeting Minutes 8/2/2016 160842 [Final Transfer Map 7879-8583 - 490 Jamestown Avenue] Motion approving Final Transfer Map 7879-8583, a sixteen lot subdivision with two remainder parcels within Assessor’s Parcel Block No. 5000, Lot Nos. 002 and 006, established for conveyancing or financing purposes in furtherance of the Candlestick Point and Phase 2 Hunters Point Shipyard development project; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-109 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Severed from the For Adoption Without Committee Reference Agenda President Breed requested that File No. 160879 be severed so that it may be considered separately. 160879 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 8, 2016, Consolidated General Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 8, 2016, Consolidated General Election. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Motion No. M16-110 APPROVED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee IMPERATIVE AGENDA [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Peskin, seconded by Supervisor Avalos, 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 Peskin, seconded by Supervisor Avalos, 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 City and County of San Francisco Page 702 Printed at 10:15 am on 10/26/16 ### [Page 28](https://sfbos.info/documents/378/2016-08-02-minutes#page-28) Board of Supervisors Meeting Minutes 8/2/2016 160888 [Acknowledging and Commending the Exemplary Work of the Office of the Clerk of the Board During an Unpredecented Legislative Season] Sponsor: Peskin Motion acknowledging and commending the exemplary work of the Office of the Clerk of the Board during the unprecendented Legislative Season, starting with the January 12, 2016, Board of Supervisors meeting. The President inquired as to whether any member of the public wished to address the Board relating to commending the Office of the Clerk of the Board as referenced in File No. 160888. Silvia Johnson; spoke on various concerns.. The President declared public comment closed. Motion No. M16-111 APPROVED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Avalos, seconded by Supervisor Campos, 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 Avalos, seconded by Supervisor Campos, 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 160889 [Lucy Mirigian Day - August 15, 2016] Sponsor: Avalos Resolution commending Lucy Mirigian on the occasion of her 110th birthday and her dedication to Armenian culture, and declaring August 15, 2016, as Lucy Mirigian 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 Lucy Mirigian Day as referenced in File No. 160889. Silvia Johnson; spoke on various concerns.. The President declared public comment closed. Resolution No. 365-16 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 703 Printed at 10:15 am on 10/26/16 ### [Page 29](https://sfbos.info/documents/378/2016-08-02-minutes#page-29) Board of Supervisors Meeting Minutes 8/2/2016 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. Ordinances 160425 [Administrative Code - Ban on City-Funded Travel to and City Contracts Involving States With Anti-LGBT Laws] Sponsors: Wiener; Campos and Farrell Ordinance amending the Administrative Code to prohibit City-funded travel to states that have enacted laws after June 26, 2015, reversing anti-discrimination protections for LGBT individuals or permitting discrimination against LGBT individuals, and to prohibit City contracting with companies headquartered in states that have enacted such laws, or where work on the contract would be performed in such states. 04/26/16; ASSIGNED UNDER 30 DAY RULE to Government Audit and Oversight Committee, expires on 5/26/2016. 05/03/16; REFERRED TO DEPARTMENT. 08/02/16; SUBSTITUTED AND ASSIGNED to Government Audit and Oversight Committee. 160890 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2016-2017] Sponsor: Farrell Ordinance levying property taxes at a combined rate of $1.1759 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0840 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2017. (Fiscal Impact) 08/02/16; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/1/2016. 160891 [Administrative, Police Codes - Prevailing Wage for Security Guard Services] Sponsors: Kim; Mar Ordinance amending the Administrative Code to require prevailing wages in City contracts for security guard services and that prevailing wages be paid for security guard services at certain events on City property; and amending the Police Code to make a technical clarification regarding worker retention requirements for security guards. (Fiscal Impact) 08/02/16; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/1/2016. City and County of San Francisco Page 704 Printed at 10:15 am on 10/26/16 ### [Page 30](https://sfbos.info/documents/378/2016-08-02-minutes#page-30) Board of Supervisors Meeting Minutes 8/2/2016 160892 [Administrative Code - San Francisco City College Enrollment Fee Assistance Fund] Sponsor: Kim Ordinance amending the Administrative Code to establish the San Francisco City College Enrollment Fee Assistance Fund. 08/02/16; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 9/1/2016. 160893 [Administrative, Public Works, Police Codes - Places for People Program; Permit Fee] Sponsor: Wiener Ordinance amending the Administrative Code to establish a Places for People Program that coordinates the City’s authorization of public gatherings and activities on City-owned property, public rights-of-way, and associated privately owned space; provides a process for identifying private Stewards to create and activate the public space and be responsible for managing the events and other activities occurring there; streamlining the process for reviewing proposals and issuing any required permits; amending the Public Works Code to establish a regulatory process for authorizing a People Place on the public right-of-way; and affirming the Planning Department’s determination under the California Environmental Quality Act. 08/02/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 9/1/2016. 160894 [Zoning - Interim Moratorium on First Story Business or Professional Service Uses in West Portal Avenue Neighborhood Commercial District] Sponsor: Yee Urgency Ordinance approving an interim zoning moratorium to prohibit first story Business or Professional Service uses in the West Portal Avenue Neighborhood Commercial District for 45 days, in accordance with California Government Code, Section 65858; 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. 08/02/16; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 9/1/2016. Resolutions 160895 [Real Property Lease - SFP2 1360 Mission St., LLC - 1360 Mission St., First and Second Floors - $763,110 Annual Base Rent] Sponsors: Mayor; Kim Resolution authorizing the lease of approximately 16,958 square feet at 1360 Mission Street, first and second floors, with SFP2 1360 Mission St., LLC, a California limited liability company, for a four year term to commence following Board approval through August 17, 2020, with one option to extend for one year, at the monthly base rent of $63,592.50, for a total annual base rent of $763,110. (Fiscal Impact) 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 705 Printed at 10:15 am on 10/26/16 ### [Page 31](https://sfbos.info/documents/378/2016-08-02-minutes#page-31) Board of Supervisors Meeting Minutes 8/2/2016 160896 [Multifamily Housing Revenue Note - 145 Guerrero Street - Francis of Assisi Community - Not to Exceed $50,000,000] Sponsors: Mayor; Wiener Resolution authorizing the execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $50,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 110-unit multifamily rental housing project located at 145 Guerrero Street, known as Francis of Assisi Community; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note, and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters. (Mayor’s Office of Housing and Community Development) 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160897 [Accept and Expend Grant - State Vocational Rehabilitation Services Program - $271,200] Sponsor: Breed Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $271,200 from the California Department of Rehabilitation to participate in a program entitled State Vocational Rehabilitation Services Program for the period of July 1, 2016, through June 30, 2019, and waiving indirect costs. (Public Health Department) (Fiscal Impact) 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160898 [Real Property Acquisition - Connecticut Street and 25th Street - San Francisco Housing Authority - $1] Sponsor: Cohen Resolution authorizing the acquisition of real property from the Housing Authority of the City and County of San Francisco located at the intersection of Connecticut Street and 25th Street, in order to further the General Plan priority of preserving and enhancing the supply of affordable housing, for the purchase price of $1. 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160899 [Accept and Expend Grant - San Francisco Parks Alliance - Parks Alliance Retroactive Grant for FY2014-2015 - $84,202] Sponsor: Farrell Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Grant from the San Francisco Parks Alliance to fund community events, staff development, recreation programming, and other activities from FY2014-2015 that together are valued at approximately $84,202. (Recreation and Park Department) 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 706 Printed at 10:15 am on 10/26/16 ### [Page 32](https://sfbos.info/documents/378/2016-08-02-minutes#page-32) Board of Supervisors Meeting Minutes 8/2/2016 160900 [Assessment Ballots for City-Owned Parcels - Central Market Community Benefit District - Modify the Management Plan and Engineer’s Report] Sponsor: Kim Resolution authorizing the Mayor to cast ballots in the affirmative on behalf of the City and County of San Francisco as owner of five parcels of real property over which the Board of Supervisors has jurisdiction, where those parcels would be subject to the proposed modifications to the Management District Plan and Engineer’s Report for the business improvement district known as the Central Market Community Benefit District. 08/02/16; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 160901 [Accept and Expend Grant - Trust for Public Land - Gene Friend Recreation Center Feasibility Study and Concept Design - $410,000] Sponsor: Kim Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of up to $410,000 from the Trust for Public Land for a feasibility study and concept design for improvements to the Eugene L. Friend Recreation Center, and approving a grant agreement with the Trust for Public Land for acceptance and performance of the grant services for the project term of January 15, 2015, through June 30, 2016. (Recreation and Park Department) 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160902 [Supporting California State Proposition 55 - California Tax Extension to Fund Education and Healthcare Initiative] Sponsor: Mar Resolution supporting all efforts by the California State Legislature and Governor on Proposition 55, to extend funding for State Education and Healthcare Initiatives, which would prolong the temporary personal income tax increases approved in 2012 on incomes over $250,000. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 160903 [Supporting California State Proposition 56 - California Healthcare, Research, and Prevention Tobacco Tax Amendment] Sponsor: Mar Resolution supporting the efforts of the California State Legislature on Proposition 56, which would increase the Cigarette Tax by 87 cents per pack to fund Healthcare, Education, Tobacco Use Prevention, and Research. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 160904 [Supporting California State Proposition 58 - Multilingual Education Act] Sponsor: Mar Resolution supporting the California Multilingual Education Act, Proposition 58, for effective language acquisition programs ensuring all pupils become English proficient and encouraging all students, including English speaking students, to learn a second language. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 707 Printed at 10:15 am on 10/26/16 ### [Page 33](https://sfbos.info/documents/378/2016-08-02-minutes#page-33) Board of Supervisors Meeting Minutes 8/2/2016 160905 [Supporting California State Proposition 67 - Referendum to Support Ban on Single-Use Plastic Bags] Sponsor: Mar Resolution supporting efforts of the California State Legislature to support Proposition 67, which would uphold legislation banning plastic bags. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 160906 [Supporting San Francisco Unified School District Resolution Ordering School Bond Election] Sponsor: Mar Resolution supporting the San Francisco Unified School District Resolution No. 166-14Sp1, a $744,250,000 facilities bond to repair and rehabilitate San Francisco Unified School District facilities to current accessibility, health, safety, seismic, and instructional standards, renovate outdated classrooms and training facilities, construct school facilities, replace aging classrooms, and improve information technology systems and food service preparation systems. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motions 160907 [Supporting/Opposing the Recreation and Park Commission’s Proposed Equity Metrics] Sponsor: Avalos Motion supporting/opposing the Recreation and Park Commission’s proposed Equity Metrics that are to be used in developing equity analysis Recreation and Park services, resources, and capital expenditures in the department's Strategic Plan, Capital Expenditure Plan, and Operational Plan, as required by Charter, Section 16.107(g). 08/02/16; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 160908 [Urging the San Francisco Legislative Delegation to Amend or Oppose the Proposed “By-Right Housing Approvals” Budget Trailer Bill] Sponsor: Peskin Motion urging the San Francisco Legislative Delegation to amend or oppose the “By-Right Housing Approvals” proposed Trailer Bill in recognition of San Francisco’s local planning tools and significant contributions to regional housing development; and ordering the Clerk of the Board of Supervisors of the City and County of San Francisco to transmit the Board of Supervisors’ urgent policy position regarding the “By-Right Housing Approvals” proposed Trailer Bill to all 120 members of the State Legislature. 08/02/16; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 708 Printed at 10:15 am on 10/26/16 ### [Page 34](https://sfbos.info/documents/378/2016-08-02-minutes#page-34) Board of Supervisors Meeting Minutes 8/2/2016 Requests For Hearing 160909 [Hearing - Compliance with the San Francisco Streetlight Policy] Sponsor: Wiener Hearing on compliance with the San Francisco Streetlight Policy (Administrative Code, Section 98.3), which calls for an increased pedestrian-scale lighting, single ownership of streetlights, establishing uniform level of service for repair of broken streetlights, and transitioning existing streetlights to LED technology; and requesting the San Francisco Public Utilities Commission and the Pacific Gas and Electric Company to report. 08/02/16; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 160817 [Hearing - Civil Grand Jury Report - San Francisco Building and Fire Safety Inspection: A Tale of Two Departments: Department of Building Inspection and San Francisco Fire Department] Hearing on the recently published 2015-2016 Civil Grand Jury report, entitled "San Francisco Building and Fire Safety Inspection: A Tale of Two Departments: Department of Building Inspection and San Francisco Fire Department." (Clerk of the Board) 07/22/16; REFERRED TO DEPARTMENT. 08/02/16; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 160880 [Hearing - Street Vacation Order - Parkmerced Development Project] Hearing to consider an Ordinance (File No. 160851) ordering the conditional vacation of portions of streets (along with public service easements within those streets) that exist within the Subphases 1A and 1B of the Parkmerced Development Project area, an approximately 152 acre site located in the Lake Merced District in the southwest corner of San Francisco and generally bounded by Vidal Drive, Font Boulevard, Pinto Avenue, and Serrano Drive to the north, 19th Avenue and Junipero Serra Boulevard to the east, Brotherhood Way to the south, and Lake Merced Boulevard to the west; reserving various easement rights in favor of the City and third party utilities, subject to conditions specified in this ordinance; delegating authority to the Director of Real Estate to execute certain quit claim deeds; adopting findings under the California Environmental Quality Act; adopting findings that the vacations are consistent with the Parkmerced Development Agreement, the General Plan, and the eight priority policies of Planning Code, Section 101.1; directing the Clerk of the Board of Supervisors to make certain transmittals; and authorizing actions by City officials in furtherance of this Ordinance; scheduled pursuant to a Resolution (File No. 160870) approved by the Board on August 2, 2016. (Clerk of the Board) 08/02/16; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 709 Printed at 10:15 am on 10/26/16 ### [Page 35](https://sfbos.info/documents/378/2016-08-02-minutes#page-35) Board of Supervisors Meeting Minutes 8/2/2016 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 160837 [Master Lease Amendment - United States Navy - Treasure Island Childcare] Resolution approving Amendment No. 12 to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year to commence December 1, 2016, for a total term of October 1, 2001, through November 30, 2017. (Treasure Island Development Authority) 07/18/16; RECEIVED FROM DEPARTMENT. 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160838 [Master Lease Amendment - United States Navy - Treasure Island South Waterfront] Resolution approving Amendment No. 32 to the Treasure Island South Waterfront Master Lease between the Treasure Island Development Authority and the United States Navy, to extend the term for one year to commence December 1, 2016, for a total term of September 4, 2016, through November 30, 2017. (Treasure Island Development Authority) 07/18/16; RECEIVED FROM DEPARTMENT. 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160839 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution approving Amendment No. 41 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy, to extend the term for one year to commence December 1, 2016, for a total term of November 19, 1998, through November 30, 2017. (Treasure Island Development Authority) 07/18/16; RECEIVED FROM DEPARTMENT. 08/02/16; RECEIVED AND ASSIGNED to Budget and Finance Committee. 160840 [Official Naming of Unnamed Street - Martin Avenue] Resolution approving the street name of “Martin Avenue” for an unnamed street laying within Assessor’s Parcel Block Nos. 5535 and 5557, and generally bounded by Brewster Street to the south and Mullen Avenue to the north. (Public Works) 07/22/16; RECEIVED FROM DEPARTMENT. 08/02/16; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 710 Printed at 10:15 am on 10/26/16 ### [Page 36](https://sfbos.info/documents/378/2016-08-02-minutes#page-36) Board of Supervisors Meeting Minutes 8/2/2016 Request Granted From: Supervisor Peskin To: Fine Arts Museum of San Francisco (FAMSF) Board of Directors Requesting/Inquiring: Request for additional information and specifics by close of business on August 5, 2016, on the governance structure, oversight of assets, and city funding processes as referenced in Board Hearing File No. 160878. In Memoriams Laurie Katsamberis - Supervisor Peskin Connie Wu - Supervisors Yee and Cohen Flora Kuang - Supervisors Yee and Cohen ADJOURNMENT There being no further business, the Board adjourned at the hour 6:08 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 September 6, 2016. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 711 Printed at 10:15 am on 10/26/16