# Board of Supervisors Agenda: November 29, 2016 - Meeting date: 2016-11-29 - Document type: agenda - Pages in official PDF: 27 - [Canonical HTML transcript](https://sfbos.info/documents/401/2016-11-29-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=517336&GUID=05000F66-D34E-4822-B041-5E6279DE7337) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Extracted text ### [Page 1](https://sfbos.info/documents/401/2016-11-29-agenda#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO AGENDA Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Tuesday, November 29, 2016 - 2:00 PM Regular Meeting LONDON BREED, PRESIDENT JOHN AVALOS, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, AARON PESKIN, KATY TANG, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board Agendas of the Board of Supervisors are available on the internet at www.sfbos.org BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Farrell, Tang, Yee 10:00 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Peskin, Yee, Breed 9:30 AM Land Use and Transportation Committee Monday Supervisors Cohen, Wiener, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd Thursday Supervisors Kim, Avalos, Campos 2:30 PM Rules Committee 2nd and 4th Thursday Supervisors Tang, Mar, Cohen 11:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/401/2016-11-29-agenda#page-2) Agenda Item Information Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget and Legislative Analyst report 3) Department or Agency cover letter and/or report 4) Public correspondence These items will be available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk. Meeting Procedures The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several standing committees where ordinances and resolutions are the subject of hearings at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the meeting room. Each member of the public will be allotted the same maximum number of minutes to speak as set by the President or Chair at the beginning of each item or public comment, excluding City representatives, except that public speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting interpretation assistance. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Written communications expected to be made a part of the official file should be submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to the Clerk of the Board or Clerk of the Committee at the hearing and you are encouraged to bring enough copies for distribution to all of its members. LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490 to coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior to the meeting to test their presentations on the computer. AGENDA PACKET: Available for review in the Office of the Clerk of the Board, City Hall, 1 Dr.Carlton B Goodlett Place, Room 244, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188. LANGUAGE INTERPRETERS: Language services are available in Spanish and Chinese at all regular and special Board meetings, excluding Committee meetings. Currently, Filipino is available upon request if made at least 48 hours in advance of the meeting to help ensure availability. Additionally, requests for Board Committee meetings must be received at least 48 hours in advance of the meeting to help ensure availability. For more information or to request services: Contact Peggy Nevin at (415) 554-5184. 所有常規及特別市參事委員會會議（Board meetings）除委員會會議（Committee meetings）之外，將予以 提供西班牙文及中文的語言服務。 目前，菲律賓文將根據所收到的請求予以提供，但須在會議前最 少48小時作出請求，旨在確保服務屆時可予以提供。 另外，向市參事委員會會議請求有關服務亦須預先 在會議前最少48小時作出，也將有助於確保服務屆時可予以提供。 更多資訊或請求有關服務， 請致電 (415) 554-7719聯絡Linda Wong。 ### [Page 3](https://sfbos.info/documents/401/2016-11-29-agenda#page-3) AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español y en chino en todas las reuniones regulares y reuniones especiales de la Junta, excluyendo las reuniones de los Comités. Actualmente, el idioma Filipino está disponible de ser requerido si se solicita por lo menos 48 horas antes de la reunión para ayudar a garantizar su disponibilidad. Adicionalmente, las solicitudes para las Reuniones de los Comités de la Junta deben ser recibidas por lo menos 48 horas antes de la reunión con el fin de ayudar a garantizar su disponibilidad. Para más información o solicitar servicios, por favor contactar a Derek Evans (415) 554-7702. PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol at Intsik para sa lahat ng mga regular at espesyal na pulong ng Board, pero wala para sa pulong ng mga Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa wikang Filipino na maaaring i-request sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak na matutugunan and inyong kahilingan. Dagdag pa, ang mga request para sa pulong ng Komite ng Board ay kailangang matanggap sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak ang pagkakaroon nito. Para sa karagdagang impormasyon o para mag-request ng serbisyo pang-wika, tawagan lamang ang (415) 554-5184. Disability Access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government Channel 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are the 5, 5R, 6, 7, 7R, 7X, 9, 9R, 19, 21, 47, and 49. For more information about MUNI accessible services, call (415) 701-4485. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under The Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at sotf@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by printing the San Francisco Administrative Code, Chapter 67, on the Internet at http://www.sfbos.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics ### [Page 4](https://sfbos.info/documents/401/2016-11-29-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 ROLL CALL AND PLEDGE OF ALLEGIANCE COMMUNICATIONS APPROVAL OF MEETING MINUTES Approval of the October 18, 2016, Special Board Meeting and the October 18, 2016, Regular Board Meeting Minutes. AGENDA CHANGES CONSENT AGENDA All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated. Items 1 through 6 Recommendations of the Government Audit and Oversight Committee Present: Supervisors Peskin, Yee, Breed 1. 161053 [Settlement of Lawsuit and Supplemental Appropriation - State Farm General Insurance Company - $875,000] Ordinance authorizing settlement of the lawsuit filed by State Farm General Insurance Company against the City and County of San Francisco for $875,000; the lawsuit was filed on January 21, 2014, in San Francisco Superior Court, Case No. CGC-14-536896; entitled State Farm General Insurance Company v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from the break of the Public Utilities Commission's water transmission pipeline on 15th Avenue between West Portal Avenue and Wawona Street in San Francisco; and appropriating $875,000 from the Water Enterprise fund balance for such purpose. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 4 Printed at 5:46 pm on 11/22/16 ### [Page 5](https://sfbos.info/documents/401/2016-11-29-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 2. 161054 [Settlement of Lawsuit and Supplemental Appropriation - Christopher Pollino and Cindy Coyne - $525,000] Ordinance authorizing settlement of the lawsuit filed by Christopher Pollino and Cindy Coyne against the City and County of San Francisco for $525,000; the lawsuit was filed on October 17, 2014, in San Francisco Superior Court, Case No. CGC-14-542240; entitled Christopher Pollino, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage from the break of the Public Utilities Commission's water transmission pipeline on 15th Avenue between West Portal Avenue and Wawona Street in San Francisco; and appropriating $525,000 from the Water Enterprise fund balance for such purpose. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 3. 161055 [Settlement of Lawsuit and Supplemental Appropriation - Theodore A. Bowie, II - $500,000] Ordinance authorizing settlement of the lawsuit filed by Theodore A. Bowie, II against the City and County of San Francisco for $500,000; the lawsuit was filed on October 17, 2014, in San Francisco Superior Court, Case No. CGC-14-542235; entitled Theodore A. Bowie, II v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from the break of the Public Utilities Commission's water transmission pipeline on 15th Avenue between West Portal Avenue and Wawona Street in San Francisco; and appropriating $500,000 from the Water Enterprise fund balance for such purpose. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 4. 161056 [Settlement of Lawsuit - Fosco Zilli and Silvia Vojtkova-Zilli - $60,000] Ordinance authorizing settlement of the lawsuit filed by Fosco Zilli and Silvia Vojtkova-Zilli against the City and County of San Francisco for $60,000; the lawsuit was filed on April 1, 2015, in San Francisco Superior Court, Case No. CGC-15-545063; entitled Fosco Zilli and Silvia Vojtkova-Zilli v. City and County of San Francisco, et al.; the lawsuit involves plaintiffs’ vehicle allegedly being rear-ended by a City vehicle. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 5. 161057 [Settlement of Lawsuit - Leland Castro - $200,000] Ordinance authorizing settlement of the lawsuit filed by Leland Castro against the City and County of San Francisco for $200,000; the lawsuit was filed on May 7, 2015, in San Francisco Superior Court, Case No. CGC-15-545729; entitled Leland Castro v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City sidewalk. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 5:46 pm on 11/22/16 ### [Page 6](https://sfbos.info/documents/401/2016-11-29-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 6. 161083 [Settlement of Lawsuit - In and Out Drain Cleaning, Inc. - City to Receive $38,500] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against In and Out Drain Cleaning, Inc. for $38,500; the lawsuit was filed on March 24, 2015, in San Francisco Superior Court, Case No. CGC-15-544912; entitled City and County of San Francisco v. In and Out Drain Cleaning, Inc., et al.; the lawsuit involves a ruptured water main. (City Attorney) 11/15/2016; PASSED, ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee Present: Supervisors Peskin, Breed 7. 161093 [Administrative Code - Short-Term Residential Rental Limit of 60 Days per Year and Private Right of Action] Sponsors: Breed; Peskin, Campos and Kim Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to limit short-term rental of a residential unit to no more than 60 days per calendar year if the unit was registered on or after November 15, 2016; prohibit neighbors outside the building at issue from filing a private right of action; allow certain nonprofit organizations to file a private right of action prior to a final determination of a violation by the Director of the Planning Department; and shorten the waiting period for certain interested parties to file a private right of action; and affirming the Planning Department’s determination under the California Environmental Quality Act. 11/15/2016; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 6 Printed at 5:46 pm on 11/22/16 ### [Page 7](https://sfbos.info/documents/401/2016-11-29-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 Recommendation of the Land Use and Transportation Committee Present: Supervisors Cohen, Peskin 8. 160222 [Administrative Code - Prohibition on Leasing for the Extraction of Fossil Fuels] Sponsors: Avalos; Breed, Campos, Cohen, Kim, Mar, Peskin, Wiener, Yee, Tang and Farrell Ordinance amending the Administrative Code to prohibit the City from entering into or extending leases for the extraction of fossil fuel from City-owned land, and requiring inspections of any such land and evaluation of constructive future uses for such land. (Fiscal Impact) 11/01/2016; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. 11/01/2016; RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. 11/15/2016; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Farrell, Tang 9. 161070 [Accept and Expend Grants - United States Environmental Protection Agency, Brownfield Cleanup Cooperative Agreements - $400,000 - 900 Innes Property] Sponsor: Mayor Resolution authorizing the Recreation and Park Department to accept and expend two United States Environmental Protection Agency, Brownfield Cleanup Cooperative Agreement grants, for a combined total of $400,000 for the development of a remediation action plan and site remediation activities for 900 Innes Property. Question: Shall this Resolution be ADOPTED? 10. 161074 [Accept and Expend Grant - Metropolitan Transportation Commission - San Francisco Safe Routes to School Program - $360,000] Sponsor: Tang Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $360,000 in Federal Surface Transportation Program and/or Congestion Mitigation and Air Quality Improvements Funds through Metropolitan Transportation Commission’s Safe Routes to School Grant Program for the period of October 1, 2016, through August 31, 2017, and waiving indirect costs. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 5:46 pm on 11/22/16 ### [Page 8](https://sfbos.info/documents/401/2016-11-29-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 11. 161116 [Approving Infrastructure and Revitalization Financing Plan - Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsor: Mayor Resolution approving the Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein; and determining other matters in connection therewith. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 12. 161130 [Accept and Expend Grant - California Victim Compensation and Government Claims Board - Criminal Restitution Compact - Not to Exceed $267,372] Sponsor: Cohen Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $89,124 from the California Victim Compensation and Government Claims Board for the period of July 1, 2016, through June 30, 2017; authorizing the Office of the District Attorney to accept and expend a grant in the amount of $89,124 for the period of July 1, 2017, through June 30, 2018; and an amount of $89,124 for the period of July 1, 2018, through June 30, 2019, for a total not to exceed amount of $267,372 to continue the Criminal Restitution Compact should the parties agree to an amendment as allowed under the provisions of the grant agreement. Question: Shall this Resolution be ADOPTED? 13. 161166 [Term Sheet Endorsement and Exemption from Competitive Bidding Policy - National Park Service - Alcatraz Island Embarkation at Piers 31-33] Sponsors: Mayor; Peskin and Farrell Resolution endorsing the term sheet between National Park Service (NPS) and the Port Commission for a Memorandum of Understanding outlining the business terms for an Alcatraz Island Ferry Embarkation site located at Piers 31-33 on The Embarcadero at Bay Street including a form lease for ferry service to Alcatraz Island with a future concessioner selected by NPS and a form lease with the Golden Gate National Parks Conservancy to provide associated amenities, and exempting the Memorandum of Understanding and leases from the competitive bidding policy set forth in Administrative Code, Section 2.6-1. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 8 Printed at 5:46 pm on 11/22/16 ### [Page 9](https://sfbos.info/documents/401/2016-11-29-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 14. 161198 [Authorizing Certificates of Participation - Animal Care and Control Renovation Project - Not to Exceed $60,500,000] Sponsors: Mayor; Tang, Campos and Farrell Resolution authorizing the execution and delivery of Certificates of Participation on a tax-exempt or taxable basis evidencing and representing an aggregate principal amount not to exceed $60,500,000 to finance the costs of acquisition, construction, and improvement of an animal care and control facility to be located on property within the City; authorizing the issuance of commercial paper notes in advance of the delivery of the Certificates; approving the form of Trust Agreement between the City and County of San Francisco and the Trustee (including certain indemnities contained therein); authorizing the selection of the Trustee by the Director of Public Finance; approving respective forms of a Property Lease and a Lease Agreement, each between the City and the Trustee for the lease and lease back of all or a portion of certain City real property and hospital property and facilities; approving the forms of Purchase Contract, Official Notice of Sale, and Notice of Intention to Sell Certificates; directing the publication of the Notice of Intention to Sell Certificates; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of the Certificates; approving the form of the Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, execution, sale and delivery of the Certificates, as defined herein; approving modifications to documents and agreements, as defined herein; declaring the City’s intent to reimburse certain expenditures; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 15. 161199 [Multifamily Housing Revenue Note - 1101 Connecticut Street (“Potrero Block X”) - Not to Exceed $49,454,000] Sponsor: Cohen 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 $49,454,000 for the purpose of providing financing for the construction of a 72-unit multifamily rental housing project known as “Potrero Block X,” located in the City at 1101 Connecticut Street; 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; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters, as defined herein. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 9 Printed at 5:46 pm on 11/22/16 ### [Page 10](https://sfbos.info/documents/401/2016-11-29-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 16. 161201 [Multifamily Housing Revenue Bond - 500-510 Folsom ("Transbay Block 9") - Not to Exceed $132,000,000] Sponsor: Kim Resolution authorizing the issuance and sale of multifamily housing revenue bonds in an aggregate principal amount not to exceed $132,000,000 for the purpose of providing financing for the construction of a 311-unit multifamily rental housing project known as "Transbay Block 9," located in the City at 500-510 Folsom Street; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds and authorizing the issuance thereof; 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; approving the form of and authorizing the execution of a bond purchase 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, as defined herein. Question: Shall this Resolution be ADOPTED? Recommendations of the Government Audit and Oversight Committee Present: Supervisors Peskin, Breed 17. 161141 [Settlement of Lawsuit and Supplemental Appropriation - First National Insurance Company of America - $405,000] Ordinance authorizing settlement of the lawsuit filed by First National Insurance Company of America against the City and County of San Francisco for $405,000; the lawsuit was filed on February 13, 2015, in San Francisco Superior Court, Case No. CGC-15-544117; entitled First National Insurance Company of America v. City and County of San Francisco, et al.; the lawsuit involves alleged water main break and flooded property; and appropriating $405,000 from the Water Enterprise fund balance for such purpose. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 18. 161142 [Settlement of Lawsuit - Beresford Corporation, a California Corporation - $52,500] Ordinance authorizing settlement of the lawsuit filed by Beresford Corporation, a California Corporation, against the City and County of San Francisco for $52,500; the lawsuit was filed on October 30, 2014, in San Francisco Superior Court, Case No. CGC-14-542440; entitled Beresford Corporation, A California Corporation v. City and County of San Francisco, DOE 1 - 10, Inclusive; the lawsuit involves a demand for tax refund. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 19. 161099 [Mills Act Historical Property Contract - 361 Oak Street] Sponsor: Breed Resolution approving a historical property contract between Christopher J. Ludwig and Liesl Ludwig, the owners of 361 Oak Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Planning Department) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 5:46 pm on 11/22/16 ### [Page 11](https://sfbos.info/documents/401/2016-11-29-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 20. 161144 [Settlement of Unliltigated Claim - BHR Operations, LLC - $169,263.18] Resolution approving the settlement of the unlitigated claim filed by BHR Operations, LLC against the City and County of San Francisco for $169,263.18; claim was filed on March 14, 2016; the claim involves a refund of Transient Occupancy Tax, Tourist Improvement District Fees and Moscone Expansion District fees. (City Attorney) Question: Shall this Resolution be ADOPTED? Present: Supervisors Peskin, Tang 21. 161191 [Appointment, Parks, Recreation and Open Space Advisory Committee - Natalie Dillon] Motion appointing Natalie Dillon, term ending February 1, 2017, to the Park, Recreation and Open Space Advisory Committee. (Government Audit and Oversight Committee) Question: Shall this Motion be APPROVED? Present: Supervisors Peskin, Breed 22. 161206 [Setting the Budget and Legislative Analyst Services Audit Plan - Department of Technology - FY2016-2017] Sponsor: Peskin Motion directing the Budget and Legislative Analyst to conduct a performance audit of the Department of Technology in FY2016-2017, with a focus on the following areas: 1) staffing, recruitment, and retention, 2) information security, 3) strategic planning and project management, 4) customer service and performance management, and 5) financial management. Question: Shall this Motion be APPROVED? Recommendations of the Land Use and Transportation Committee Present: Supervisors Cohen, Peskin 23. 160510 [Planning Code - Student Housing Exemption from Inclusionary Housing Requirements] Sponsor: Wiener Ordinance amending the Planning Code to change the requirement from five to two years that Student Housing be owned or leased by an educational institution to be exempt from the Inclusionary Housing Program; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 11 Printed at 5:46 pm on 11/22/16 ### [Page 12](https://sfbos.info/documents/401/2016-11-29-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 24. 161069 [Health Code - Definition of Projects and Responsibilities for Alternate Water Sources] Sponsor: Wiener Ordinance amending the Health Code to revise the definition of development projects subject to the requirements for an Alternate Water Source system and the definitions of large and small residential projects subject to specific requirements for such a system, and providing authorization for the review and approval of alternative means of compliance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Question: Shall this Ordinance be PASSED ON FIRST READING? 25. 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) Question: Shall this Resolution be ADOPTED? Recommendations of the Public Safety and Neighborhood Services Committee Present: Supervisors Kim, Avalos 26. 160184 [Liquor License - 1092 Post Street Including 1104 Polk Street] Resolution determining that the issuance of a Type 48 on-sale general public premises liquor license to Real Drinks Inc., dba Jackalope, located at 1104 Polk Street (District 3), will not serve the public convenience and necessity of the people of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the Department of Alcoholic Beverage Control deny the application. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? 27. 160681 [Liquor License Transfer - 10-4th Street] Resolution determining that the transfer of a Type 21 off-sale general license to Trader Joe’s Company, dba Trader Joe’s 225, located at 10-4th Street, Basement LVL (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? 28. 160825 [Liquor License Transfer - 5601 Geary Boulevard] Resolution determining that the transfer of a Type 20 off-sale beer and wine license to Mainland Market Co., dba Mainland Market Co., located at 5601 Geary Boulevard (District 1), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 12 Printed at 5:46 pm on 11/22/16 ### [Page 13](https://sfbos.info/documents/401/2016-11-29-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 29. 160836 [Liquor License Transfer - 507 Columbus Avenue] Resolution determining that the transfer of a Type 21 off-sale general license Najwa Inc., dba Alimento, located at 507 Columbus Avenue (District 3), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Question: Shall this Resolution be ADOPTED? SPECIAL ORDER 2:30 P.M. - Recognition of Commendations City and County of San Francisco Page 13 Printed at 5:46 pm on 11/22/16 ### [Page 14](https://sfbos.info/documents/401/2016-11-29-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 SPECIAL ORDER 3:00 P.M. APPEAL PROCEDURES Board Rule 4.18 provides that public hearings on appeals shall be scheduled for 3:00 p.m. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 3:00 p.m. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 3:00 p.m: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to deadlines for Board decision). 3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk. 4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 3:00 p.m. 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 3:00 p.m. 30. 161146 [Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed Project at 2675 Folsom Street] Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Community Plan Exemption by the Planning Department on June 27, 2016, and approved by the Planning Commission on September 22, 2016, for the proposed project located at 2675 Folsom Street, to allow the demolition of three two-story warehouse and storage structures, and construction of a four-story, 40-foot tall residential building of approximately 109,917 square feet, within the UMU (Urban Mixed Use), RH-2 (Residential Housing, Two Family), and RH-3 (Residential Housing, Three Family) Zoning Districts and a 40-X Height and Bulk District. (District 9) (Appellant: J. Scott Weaver, on behalf of Calle 24 Latino Cultural District Community Council) (Filed October 21, 2016) (Clerk of the Board) Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. (Only one of the following two Motions should be approved.) 31. 161147 [Affirming the Community Plan Exemption Determination - Proposed Project at 2675 Folsom Street] Motion affirming the determination by the Planning Department that a proposed project at 2675 Folsom Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Question: Shall this Motion be APPROVED? City and County of San Francisco Page 14 Printed at 5:46 pm on 11/22/16 ### [Page 15](https://sfbos.info/documents/401/2016-11-29-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 32. 161148 [Conditionally Reversing the Community Plan Exemption Determination - Proposed Project at 2675 Folsom Street] Motion conditionally reversing the determination by the Planning Department that a proposed project at 2675 Folsom Street does not require further environmental review under a Community Plan Exemption, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Question: Shall this Motion be APPROVED? 33. 161149 [Preparation of Findings to Reverse the Community Plan Exemption Determination - Proposed Project at 2675 Folsom 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 2675 Folsom Street does not require further environmental review. (Clerk of the Board) Question: Shall this Motion be APPROVED? SPECIAL ORDER 3:00 P.M. 34. 161150 [Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2675 Folsom Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 209.1 and 303, and Planning Commission Resolution No. 19548, for a proposed project at 2675 Folsom Street, Assessor's Parcel Block No. 3639, Lot Nos. 006, 007, and 024, identified in Case No. 2014-000601CUA, issued by the Planning Commission by Motion No. 19745 dated September 22, 2016, to allow dwelling unit density at a ratio of one dwelling unit per 1,000 square feet of lot area in the RH-3 (Residential Housing, Three Family) Zoning District, and allow the new construction of more than 75 dwelling units per the Mission 2016 Interim Zoning Controls, within the UMU (Urban Mixed Use), RH-2 (Residential Housing, Two Family), and RH-3 (Residential Housing, Three Family) Zoning Districts, and a 40-X Height and Bulk District. (District 9) (Appellant: J. Scott Weaver, on behalf of Calle 24 Latino Cultural District Community Council) (Filed October 24, 2016) (Clerk of the Board) Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. City and County of San Francisco Page 15 Printed at 5:46 pm on 11/22/16 ### [Page 16](https://sfbos.info/documents/401/2016-11-29-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 (Only one of the following two Motions should be approved.) 35. 161151 [Approving Conditional Use Authorization - Proposed Project at 2675 Folsom Street] Motion approving the decision of the Planning Commission by its Motion No. 19745, approving a Conditional Use Authorization identified as Planning Case No. 2014-000601CUA for a proposed project at 2675 Folsom Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Question: Shall this Motion be APPROVED? 36. 161152 [Disapproving Conditional Use Authorization - Proposed Project at 2675 Folsom Street] Motion disapproving the decision of the Planning Commission by its Motion No. 19745, approving a Conditional Use Authorization identified as Planning Case No. 2014-000601CUA for a proposed project at 2675 Folsom Street. (Clerk of the Board) Question: Shall this Motion be APPROVED? 37. 161153 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2675 Folsom Street] 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. 2014-000601CUA for a proposed project at 2675 Folsom Street. (Clerk of the Board) Question: Shall this Motion be APPROVED? SPECIAL ORDER 3:00 P.M. 38. 161212 [Hearing - Appeal of Tentative Map Approval - 875 California Street/770 Powell Street] Hearing of persons interested in or objecting to the decision of Public Works dated October 24, 2016, approving a Tentative Map for a 44-unit new construction project at 875 California Street/770 Powell Street, Assessor's Parcel Block No. 0256, Lot Nos. 016 and 017. (District 3) (Appellant: Sandra S. Pershing) (Filed November 2, 2016) (Clerk of the Board) Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. City and County of San Francisco Page 16 Printed at 5:46 pm on 11/22/16 ### [Page 17](https://sfbos.info/documents/401/2016-11-29-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 (Only one of the following two Motions should be approved.) 39. 161213 [Approving Decision of Public Works and Approving the Tentative Map - 875 California Street/770 Powell Street] Motion approving decision of Public Works and approving the Tentative Map for a 44-unit new construction condominium project at 875 California Street/770 Powell Street, Assessor's Parcel Block No. 0256, Lot Nos. 016 and 017; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Question: Shall this Motion be APPROVED? 40. 161214 [Disapproving Decision of Public Works and Disapproving the Tentative Map - 875 California Street/770 Powell Street] Motion disapproving decision of Public Works and disapproving the Tentative Map for a 44-unit new construction condominium project at 875 California Street/770 Powell Street, Assessor's Parcel Block No. 0256, Lot Nos. 016 and 017. (Clerk of the Board) Question: Shall this Motion be APPROVED? 41. 161215 [Preparation of Findings Related to the Tentative Map - 875 California Street/770 Powell Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a 44-unit new construction condominium project at 875 California Street/770 Powell Street, Assessor's Parcel Block No. 0256, Lot Nos. 016 and 017. (Clerk of the Board) Question: Shall this Motion be APPROVED? SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole (Hearing scheduled pursuant to Motion No. M16-155 (File No. 161171) approved on November 1, 2016.) 42. 161211 [Hearing - Committee of the Whole - Resolution of Necessity to Acquire a Lease by Eminent Domain - Central Shops Relocation - 1975 Galvez Avenue] Hearing of the Board of Supervisors sitting as a Committee of the Whole on November 29, 2016, at 3:00 p.m., to hold a public hearing on a Resolution of Necessity (File No. 161101) authorizing the acquisition of a lease at the real property commonly known as 1975 Galvez Avenue, Assessor’s Parcel Block No. 5250, Lot No. 016, by eminent domain for the public purpose of completing and constructing the Central Shops Relocation, scheduled pursuant to Motion No. M16-155, approved by the Board on November 1, 2016. (Clerk of the Board) Question: Shall this Hearing be HEARD AND FILED? City and County of San Francisco Page 17 Printed at 5:46 pm on 11/22/16 ### [Page 18](https://sfbos.info/documents/401/2016-11-29-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 Committee of the Whole Adjourn and Report 43. 161101 [Authorizing the Acquisition of a Lease by Eminent Domain - Central Shops Relocation - 1975 Galvez Avenue] Resolution authorizing the acquisition of a lease at the real property commonly known as 1975 Galvez Avenue, Assessor’s Parcel Block No. 5250, Lot No. 016, by eminent domain for the public purpose of completing and constructing the Central Shops Relocation; affirming the Planning Department’s Categorical Exemption 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. (Public Utilities Commission) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 44. ROLL CALL FOR INTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities. 45. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. City and County of San Francisco Page 18 Printed at 5:46 pm on 11/22/16 ### [Page 19](https://sfbos.info/documents/401/2016-11-29-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. Items 46 through 54 46. 161250 [Urging Public Works and the San Francisco Municipal Transportation Agency to Preserve Ghost Bikes as Memorials and in Support of Vision Zero] Sponsors: Yee; Kim and Mar Resolution urging Public Works and the San Francisco Municipal Transportation Agency (SFMTA) to work with the Bicycle Advisory Committee, other appropriate departments, and advocates to create a plan and procedures permitting Ghost Bikes or other appropriate memorials at locations in and around San Francisco to raise awareness of safety, and to memorialize those killed on San Francisco streets. 11/15/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 47. 161256 [Final Map 4640 - 2350-19th Avenue] Motion approving Final Map 4640, a five-lot subdivision project, located at 2350-19th Avenue, being a subdivision of Assessor’s Parcel Block No. 2347, Lot No. 004G, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/08/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 48. 161257 [Final Map 8088 - 545 Ashbury Street] Motion approving Final Map 8088, a five residential unit condominium project, located at 545 Ashbury Street, being a subdivision of Assessor’s Parcel Block No. 1231, Lot No. 008, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/08/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 19 Printed at 5:46 pm on 11/22/16 ### [Page 20](https://sfbos.info/documents/401/2016-11-29-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 49. 161258 [Final Map 8734 - 427-431 14th Street] Motion approving Final Map 8734, a five residential unit condominium project, located at 427-431 14th Street, being a subdivision of Assessor’s Parcel Block No. 3546, Lot No. 029, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/08/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 50. 161259 [Final Map 8789 - 510 Folsom Street] Motion approving Final Map 8789, a 73 lot vertical subdivision and 436 residential unit and two commercial unit, mixed-use condominium project, located at 510 Folsom Street, being a subdivision of Assessor’s Parcel Block No. 3736, Lot No. 120, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/16/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 51. 161260 [Final Map 8891 - 1201 Tennessee Street] Motion approving Final Map 8891, a 263 residential unit and two commercial unit, mixed-use condominium project, located at 1201 Tennessee Street, being a subdivision of Assessor’s Parcel Block No. 4172, Lot No. 022, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/16/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 52. 161261 [Final Map 8881 - 520-9th Street] Motion approving Final Map 8881 a 12 residential unit condominium project, located at 520-9th Street, being a subdivision of Assessor’s Parcel Block No. 3526, Lot No. 005, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/16/2016; RECEIVED FROM DEPARTMENT. 11/23/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 20 Printed at 5:46 pm on 11/22/16 ### [Page 21](https://sfbos.info/documents/401/2016-11-29-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 53. 161276 [Final Map 8593 - Mission Bay Blocks 29-32] Sponsor: Kim Motion approving Final Map 8593, a merger and eight-lot subdivision, including a 100 commercial unit condominium project within vertical subdivision lots 1-5, located at Mission Bay South Blocks 29-32, also referred to as 1601-1799 3rd Street, being a subdivision of Assessor’s Parcel Block No. 8722, Lot Nos. 001 and 008; approving a public improvement agreement for this map; and acknowledging findings pursuant to the Mission Bay South Redevelopment Plan, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/22/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 54. 161277 [Adopting Findings Reversing the Community Plan Exemption Determination - Proposed Project at 1515 South Van Ness Avenue] Motion adopting findings reversing the Planning Department’s determination that a proposed project at 1515 South Van Ness Avenue does not require further environmental review under a Community Plan Exemption. (Clerk of the Board) 11/22/2016; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 55. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is required for the resolution(s). [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. City and County of San Francisco Page 21 Printed at 5:46 pm on 11/22/16 ### [Page 22](https://sfbos.info/documents/401/2016-11-29-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, November 29, 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. Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 161262 [Administrative Code - Delegating Tax Collector Authority to Administer Excess Proceeds Claims] Ordinance amending the Administrative Code to delegate authority from the Board of Supervisors to the Tax Collector under California Revenue and Taxation Code, Section 4765.1, to administer excess proceeds claims after the completion of tax sales of real property. (Treasurer-Tax Collector) 11/16/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. 161263 [Business and Tax Regulations Code - Revenue Control Equipment, Software Applications, and Valet Parking Operators Certificates of Authority] Ordinance amending the Business and Tax Regulations Code to allow operators to use Revenue Control Equipment in the form of software applications, establish criteria for its use, and to allow valet parking operators to obtain one certificate of authority to collect the parking tax at all locations. (Treasurer-Tax Collector) 11/16/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. City and County of San Francisco Page 22 Printed at 5:46 pm on 11/22/16 ### [Page 23](https://sfbos.info/documents/401/2016-11-29-agenda#page-23) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 161264 [Business and Tax Regulations Code - Estimated Payments, Filing Extensions, and Refunds] Ordinance amending the Business and Tax Regulations Code to modify the quarterly filing and payment requirements for payroll expense taxes and gross receipts taxes, to clarify the requirements for obtaining a return filing extension, and to expressly permit taxpayers to apply refunds of the business registration fee, the payroll expense tax, and the gross receipts tax to subsequent tax periods. (Treasurer-Tax Collector) 11/17/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; ASSIGNED UNDER 30 DAY RULE to the Budget and Finance Committee. 161265 [Settlement of Lawsuit - 501 Folsom Street LLC - $40,000] Ordinance authorizing settlement of the lawsuit filed by 501 Folsom Street LLC against the City and County of San Francisco for $40,000; the lawsuit was filed on November 27, 2013, in San Francisco Superior Court, Case No. CGC-13-535767; entitled 501 Folsom Street LLC v. City and County of San Francisco; the lawsuit involves alleged property damage arising from flooding. (City Attorney) 11/14/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 161269 [Settlement of Lawsuit - Roy Korobi - $75,000] Ordinance authorizing settlement of the lawsuit filed by Roy Korobi against the City and County of San Francisco for $75,000; the lawsuit was filed on September 26, 2014, in San Francisco Superior Court, Case No. CGC-14-541881; entitled Roy Korobi v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City sidewalk; other material terms of the settlement are Co-Defendant Impark Pacific Parking, LLC will pay plaintiff $75,000. (City Attorney) 11/21/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 161270 [Settlement of Lawsuit - Bradley Bishop - $750,000] Ordinance authorizing settlement of the lawsuit filed by Bradley Bishop against the City and County of San Francisco for $750,000; the lawsuit was filed on February 9, 2015, in San Francisco Superior Court, Case No. CGC-15-544028; entitled Bradley Bishop v. City and County of San Francisco, et al.; the lawsuit involves a medical malpractice claim; other material terms of the settlement are: City and County of San Francisco to waive offset of $13,891.80 for unpaid services, and Regents of the University of California to pay $1,750,000. (City Attorney) 11/21/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 161271 [Settlement of Lawsuit - Suzanne Davis-Hornby - $200,000] Ordinance authorizing settlement of the lawsuit filed by Suzanne Davis-Hornby against the City and County of San Francisco for $200,000; the lawsuit was filed on July 9, 2015, in San Francisco Superior Court, Case No. CGC-15-546768; entitled Suzanne Davis-Hornby v. City and County of San Francisco; the lawsuit involves personal injury from alleged dangerous condition of public property. (City Attorney) 11/21/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 23 Printed at 5:46 pm on 11/22/16 ### [Page 24](https://sfbos.info/documents/401/2016-11-29-agenda#page-24) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 161272 [Settlement of Lawsuits and Supplemental Appropriation - Coral Construction, Inc., and Schram Construction, Inc. - $1,432,098 Settlement - $716,049 Appropriation] Ordinance authorizing settlement of attorneys’ fees claims in the consolidated lawsuits filed by Coral Construction, Inc., and Schram Construction, Inc., against the City and County of San Francisco for $1,432,098; the Coral lawsuit was filed on September 12, 2000, in San Francisco Superior Court, Case No. CPF-01-319549; entitled Coral Construction Inc. v. John L. Martin, et al.; the Schram lawsuit was filed on June 10, 2003, in San Francisco Superior Court, Case No. CGC-03-421249; entitled Schram Construction, Inc. v. City & County of San Francisco, et al.; the lawsuits challenged whether Administrative Code, Chapter 12D.A, complies with the California Constitution; and appropriating $716,049 from the Wastewater Enterprise fund balance for this purpose. (City Attorney) 11/21/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 161266 [Airport Professional Services Agreement Modification No. 3 - Operation and Maintenance Services for the AirTrain System - Not to Exceed $115,444,968] Resolution approving Modification No. 3 to Professional Services Agreement, Airport Contract No. 8838, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, to exercise the first of two one-year options from March 1, 2017, through February 28, 2018, to provide operation and maintenance services for the AirTrain System, and cover the replacement of obsolete AirTrain parts and equipment, for a new not-to-exceed amount of $115,444,968 pursuant to Charter, Section 9.118(b). (Airport Commission) 11/17/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Budget and Finance Committee. 161267 [Agreement Amendment - Harris & Associates, Inc. - Extending Term to May 11, 2020] Resolution retroactively approving the Fifth Amendment to the Agreement between Harris & Associates, Inc., and the City and County of San Francisco, for financial consulting in acquisition reimbursement and cost allocations in conjunction with Mission Bay Development - Community Facilities District Nos. 4 and 6, extending the term of the agreement by three years and nine months to commence August 11, 2016, for a total term of August 15, 2006, through May 11, 2020, at no additional cost. (Public Works) 11/14/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Budget and Finance Committee. 161273 [Settlement of Unlitigated Claim - Danielle Barnett - $90,000] Resolution approving the settlement of the unlitigated claim filed by Danielle Barnett against the City and County of San Francisco for $90,000; the claim was filed on January 21, 2016; the claim involves a personal injury on a City street. (City Attorney) 11/21/2016; RECEIVED FROM DEPARTMENT. 11/29/2016; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 24 Printed at 5:46 pm on 11/22/16 ### [Page 25](https://sfbos.info/documents/401/2016-11-29-agenda#page-25) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 161274 [Petitions and Communications] Petitions and Communications received from November 7, 2016, through November 21, 2016, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on November 29, 2016. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information will not be redacted. From concerned citizens, regarding Rincon Hill construction. 4 letters. Copy: Each Supervisor. (1) From concerned citizens, regarding proposed project at 1515 South Van Ness Avenue. File No. 161001. 4 letters. Copy: Each Supervisor. (2) From concerned citizens, regarding petition for a permanent Alex Nieto memorial. Copy: Each Supervisor. (3) From concerned citizen, regarding removal of 19 Polk bus line stops in proximity to the Main Library. 2 letters. Copy: Each Supervisor. (4) From Sidney M. Russell, regarding quality of life issues. Copy: Each Supervisor. (5) From Joseph Szot, regarding election costs. Copy: Each Supervisor. (6) From concerned citizens, regarding proposed ordinance to limit short-term rental of a residential unit to no more than 60 days per calendar year. File No. 161093. 2 letters. Copy: Each Supervisor. (7) From Alvin Ja, regarding proposed Balboa Reservoir project. Copy: Each Supervisor. (8) From Clerk of the Board, reporting that the following individual has submitted a Form 700 Statement: (9) Dyan Ruiz - Legislative Aide - Assuming Office From Planning Department, regarding notices of hearing and notices of availability of a draft Environmental Impact Report for the 1500 Mission Street project. Copy: Each Supervisor. (10) From Sierra Club, submitting a resolution regarding proposed development at San Francisco Pier 29. Copy: Each Supervisor. (11) From Kristin Tieche, regarding proposed resolution on the election of President-Elect Donald Trump. File No. 161235. Copy: Each Supervisor. (12) From West Area California Public Utilities Commission, submitting CPUC Notification regarding Verizon Wireless. Copy: Each Supervisor. (13) From Mayor Lee, designating Supervisor Mark Farrell as Acting-Mayor from November 17, 2016, to November 18, 2016. Copy: Each Supervisor. (14) From Clerk of the Board, submitting response to Civil Grand Jury Report, Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings. File No. 160615. Copy: Each Supervisor. (15) City and County of San Francisco Page 25 Printed at 5:46 pm on 11/22/16 ### [Page 26](https://sfbos.info/documents/401/2016-11-29-agenda#page-26) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 From Office of the Controller’s City Performance unit, submitting San Francisco Public Library Public Services Division Staffing Analysis. Copy: Each Supervisor. (16) From Office of the Controller’s City Services Auditor Division, submitting Citywide Nonprofit Monitoring and Capacity Building Program: FY 2015-2016 Annual Report. Copy: Each Supervisor. (17) From Office of the Treasurer and Tax Collector, submitting City and County of San Francisco Monthly Pooled Investment Report for October 2016. Copy: Each Supervisor. (18) From Elections Commission, pursuant to Charter, Section 4.103 and Administrative Code, Sections 1.56 and 8.16, submitting CY 2015 Annual Report. Copy: Each Supervisor. (19) From Office of the Controller’s Office of Public Finance, regarding Treasure Island/Yerba Buena Island Affordable Housing Funding Plan. Copy: Each Supervisor. (20) From Mayor Lee, regarding Charter, Section 3.100 (18), appointment to the Arts Commission. (21). Barbara Sklar - term ending July 1, 2019 From State Fish and Game Commission, submitting Notice of Findings regarding Livermore tarplant. Copy: Each Supervisor. (22) From State Fish and Game Commission, submitting Notice of Findings regarding the Townsend’s big-eared bat. Copy: Each Supervisor. (23) From State Fish and Game Commission, submitting proposed regulatory action regarding Falconry regulations. Copy: Each Supervisor. (24) From Christian Gainsley, regarding Type 40 on-sale beer license application for 1000 Cortland Avenue. File No. 161234. (25) From San Francisco Chamber of Commerce, regarding proposed Fiscal Feasibility Determination for Major Events. File No. 160384. Copy: Each Supervisor. (26) From Rethinking Access to Marijuana, regarding marijuana policy. Copy: Each Supervisor. (27) From concerned citizen, regarding Infant and Toddlers Day Care Fund. Copy: Each Supervisor. (28) From L. Julius M. Turman, regarding November 15, 2016 Joint Meeting of the San Francisco Board of Supervisors and the San Francisco Police Commission. Copy: Each Supervisor. (29) From Aaron Goodman, regarding Municipal Transportation Agency Commuter Shuttle Mid-Year Status Report and Hub Study. Copy: Each Supervisor. (30) From Office of the Controller’s City Services Auditor Division, submitting audit report titled “Pacific Gas and Electric Company Properly Paid Its Franchise Fees and Surcharges for 2013 and 2014.” Copy: Each Supervisor. (31) From Diana Scott, regarding guidance for the Municipal Transit Agency. Copy: Each Supervisor. (32) City and County of San Francisco Page 26 Printed at 5:46 pm on 11/22/16 ### [Page 27](https://sfbos.info/documents/401/2016-11-29-agenda#page-27) Board of Supervisors Meeting Agenda Tuesday, November 29, 2016 From Planning Department, regarding notice of hearing and notice of availability of a draft Environmental Impact Report for the One Oak Street project. Copy: Each Supervisor. (33) ADJOURNMENT City and County of San Francisco Page 27 Printed at 5:46 pm on 11/22/16