Board of Supervisors Minutes: December 6, 2016

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. Ordinance No. 245-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161035 [Resolution of Intention to Establish Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of Intention to establish City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein to finance the construction and/or acquisition of facilities on Treasure Island and Yerba Buena Island; to provide for annexation; to call a public hearing on December 6, 2016, at 3:00 p.m. on the formation of the district and project areas therein, and to provide public notice thereof; and determining other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 6-7, and Page 11, Line 10, by striking 'December 6, 2016' and adding 'January 24, 2017'; on Page 5, Line 3, through Page 6, Line 24, by adding 12 'WHEREAS' clauses; and on Page 12, Lines 7-12, by adding a 'FURTHER RESOLVED' clause. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Resolution of Intention to establish City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein to finance the construction and/or acquisition of facilities on Treasure Island and Yerba Buena Island; to provide for annexation; to call a public hearing on January 24, 2017, at 3:00 p.m. on the formation of the district and project areas therein, and to provide public notice thereof; and determining other matters in connection therewith. (Fiscal Impact) Resolution No. 503-16 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161036 [Authorizing the Director of the Office of Public Finance to Prepare an Infrastructure Financing Plan - Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution authorizing and directing the Director of the Office of Public Finance, or designee thereof, to prepare an infrastructure financing plan for City and County of San Francisco Infrastructure Financing District No. 1 (Treasure Island) and project areas therein; and determining other matters in connection therewith. (Fiscal Impact) Resolution No. 504-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161037 [Resolution of Intention to Issue Bonds Related to Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of intention to issue bonds for City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and determining other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Lines 11, 16, and 18 by striking 'December 6, 2016' and adding 'January 24, 2017.' The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

(Fiscal Impact) Resolution No. 505-16 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161038 [Resolution of Intention to Establish Community Facilities District No. 2016-1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of Intention to establish City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island), Improvement Area No. 1 and a Future Annexation Area; to call a public hearing on December 6, 2016, at 3:00 p.m. on the formation of the district, and to provide public notice thereof; and determining other matters in connection therewith. Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 5, and Page 18, Line 10, by striking 'December 6, 2016' and adding 'January 24, 2017.' The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Resolution of Intention to establish City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island), Improvement Area No. 1 and a Future Annexation Area; to call a public hearing on January 24, 2017, at 3:00 p.m. on the formation of the district, and to provide public notice thereof; and determining other matters in connection therewith. Resolution No. 506-16 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161039 [Resolution of Intention to Incur Bonded Indebtedness - Communities Facilities District No. 2016-1 (Treasure Island) - Not to Exceed $5,000,000,000] Sponsors: Mayor; Kim Resolution of intention to incur bonded indebtedness and other debt in an amount not to exceed $5,000,000,000 for the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island); and determining other matters in connection therewith. Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 3, by striking 'December 6, 2016' and adding 'January 24, 2017.' The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Resolution No. 510-16 ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

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) Resolution No. 512-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161069 [Health Code - Definition of Projects and Responsibilities for Alternate Water Sources] Sponsors: Wiener; Farrell 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. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 246-16 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161110 [Police Code - Choice of Communications Services Providers in Multiple Occupancy Buildings] Sponsors: Farrell; Mar Ordinance amending the Police Code to prohibit owners of multiple occupancy buildings from interfering with the choice of communications services providers by occupants, establish requirements for communications services providers to obtain access to multiple occupancy buildings, and establish remedies for violation of the access requirement. Privilege of the floor was granted unanimously to Buck Delventhal and William Sanders (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of December 13, 2016, and schedule a Closed Session hearing on this subject matter to consult with the City Attorney. The motion FAILED by the following vote:

Ayes: Campos, Kim, Peskin

Noes: Avalos, Breed, Cohen, Farrell, Mar, Tang, Yee

Supervisor Peskin, seconded by Supervisor Yee, moved that the Board of Supervisors convene in Closed Session on December 13, 2016, to consult with the City Attorney on matters related to File No. 161110 regarding choice of communications services providers in multiple occupancy buildings. The motion passed by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

PASSED ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Yee

Noes: Peskin

161194 [Appropriation - General Obligation Bond Proceeds - Public Health and Safety Projects - FY2016-2017 - $176,000,000] Sponsors: Mayor; Breed, Farrell, Cohen and Peskin Ordinance appropriating $176,000,000 of the Series 2017A Health and Safety General Obligation Bond Proceeds to Public Works in FY2016-2017 for improvements and seismic strengthening of public health and safety facilities for critical community and mental health, emergency response and safety, and homeless shelter and service. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161237 [Waiver of Banner Fee - Office of Economic and Workforce Development - Shop and Dine in the 49 Campaign] Sponsor: Tang Ordinance waiving the banner fees under Public Works Code, Section 184.78, for up to 300 banners to be placed by the Office of Economic and Workforce Development to publicize the City’s “Shop and Dine in the 49” campaign. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161075 [Accept and Expend Grant - Regents of the University of California - GH13-1328, HQ, Technical Assistance to Countries Supported by the United States President's Emergency Plan for AIDS Relief and Global - $132,973] Sponsor: Farrell Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $132,973 from The Regents of the University of California to participate in a program entitled GH13-1328, HQ, Technical Assistance to Countries Supported by the United States President's Emergency Plan for AIDS Relief and Global for the period of April 1, 2016, through March 31, 2017. Resolution No. 511-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161096 [Emergency Declaration - Airport Runways 19L and 19R Seawall Erosion - Estimated Cost of Repairs Exceeds $250,000] Resolution approving the Airport Director’s declaration of an emergency for seawall erosion at the ends of Airport Runways 19L and 19R, estimated to cost more than $250,000 to repair, pursuant to Administrative Code, Section 6.60(b). (Airport Commission) (Fiscal Impact) Resolution No. 524-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161185 [Planning and Engineering Agreement Amendment - Carollo Engineers, Inc. - New Southeast Plant Headworks Facility - Not to Exceed $33,500,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 1 to Planning and Engineering Project Design Services Agreement No. CS-389 for specialized planning and engineering services for the proposed new headworks facility at the Southeast Water Pollution Control Plant between the City and County of San Francisco and Carollo Engineers, Inc., to extend the contract for three years and twenty days to commence November 30, 2020, for a total term of December 19, 2014, through December 19, 2023, for an additional amount of $19,500,000 for a total agreement amount not to exceed $33,500,000. (Public Utilities Commission) (Fiscal Impact) Privilege of the floor was granted unanimously to John Scarpulla (Public Utilities Commission) who responded to questions raised throughout the discussion. Resolution No. 513-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

eed, Farrell, Cohen and Peskin Resolution providing for the issuance of not to exceed $350,000,000 aggregate principal amount of City and County of San Francisco Taxable and Tax-Exempt General Obligation Bonds (Public Health and Safety, 2016); authorizing the issuance and sale of such bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts related thereto; declaring the City’s reasonable official intent to reimburse prior expenditures; adopting findings under the California Environmental Quality Act, and Administrative Code, Chapter 31; finding that the proposed project is in conformity with the priority policies of Planning Code, Section 101.1(8), with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the issuance and sale of such bonds, as defined herein. (Fiscal Impact) Resolution No. 514-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

ale of not to exceed $176,000,000 aggregate principal amount of City and County of San Francisco Tax-Exempt General Obligation Bonds (Public Health and Safety, 2016), Series 2017A; prescribing the form and terms of such bonds; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 515-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161202 [Authorizing Expenditures - SoMa Community Stabilization Fund - $595,000] Sponsor: Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of $595,000 to address various impacts of destabilization on residents and businesses in SoMa. (Fiscal Impact) Resolution No. 517-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161227 [Agreement Amendment - En Pointe Technologies Sales, LLC - Microsoft Online 365 Subscription Services - Not to Exceed $13,909,873] Resolution authorizing the Department of Technology and the Office of Contract Administration to enter into Amendment No. 1 to the Agreement between the City and County of San Francisco and En Pointe Technologies Sales, LLC, for Microsoft Online 365, to increase the agreement amount by $4,335,418 for an amount not to exceed $13,909,873 over the agreement term of June 25, 2014, through May 31, 2017. (Department of Technology) (Fiscal Impact) Resolution No. 518-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161228 [Agreement Amendments - En Pointe Technologies Sales, LLC - Microsoft Enterprise Program Products - Not to Exceed $14,719,597] Resolution authorizing the Department of Technology and the Office of Contract Administration to enter into Amendment No. 1 to the Agreement between the City and County of San Francisco and En Pointe Technologies Sales, LLC, for Microsoft enterprise products, to increase the agreement amount by $4,850,304 for an amount not to exceed $14,719,597 over the agreement term of June 25, 2014, through May 31, 2017. (Department of Technology) (Fiscal Impact) Resolution No. 519-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161230 [Accept and Expend Grant - Fiscal Year 2016 Housing Opportunities for Persons with AIDS Permanent Supportive Housing Renewal - $1,430,000] Sponsor: Mayor Resolution retroactively approving the Fiscal Year 2016 Housing Opportunities for Persons with AIDS (HOPWA) Permanent Supportive Housing Renewal Grant; and authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s Fiscal Year 2016 HOPWA Permanent Supportive Housing Renewal Grant from the U.S. Department of Housing and Urban Development in the amount of $1,430,000 for the period of December 1, 2016, through November 30, 2019. Resolution No. 520-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161067 [Planning Code, Zoning Map - Mission and 9th Street Special Use District] Sponsors: Kim; Peskin Ordinance amending the Planning Code to add Section 249.15 to create the Mission and 9th Street Special Use District in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor’s Parcel Block No. 3701, Lot Nos. 22, 23, and 24 on the west, and Assessor’s Parcel Block No. 3701, Lot No. 66 to the north; amending the Zoning Map Sheet SU07 to create the Mission and 9th Street Special Use District; amending Zoning Map Sheet HT07 to change the height limit on Assessor's Parcel Block No. 3701, Lot Nos. 20 and 21, from 120-X to 200-X; 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. Supervisor Kim, seconded by Supervisor Tang, moved that this Ordinance 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, Yee

Supervisor Kim, seconded by Supervisor Tang, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee meeting of December 12, 2016. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161095 [Planning Code, Zoning Map - 1493-1497 Potrero Avenue] Ordinance amending the Planning Code to revise Sectional Map HT08 of the Zoning Map to rezone the height and bulk designation for 1493-1497 Potrero Avenue, Assessor's Parcel Block No. 4277, Lot No. 016, from Open Space (OS) to 40-X; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. (Planning Commission) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161184 [General Plan Amendment - Downtown Area Plan Map 5] Sponsor: Kim Ordinance amending the General Plan by revising the height designation for Assessor’s Parcel Block No. 3701, Lot Nos. 20 and 21, on Map 5 of the Downtown Area Plan from 120-X to 200-X; adopting and making findings regarding the Mitigated Negative Declaration prepared in compliance with 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. (Planning Commission) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

change of City Property - San Francisco Public Utilities Commission - Public Works - 160 Napoleon Street - 1801 Jerrold Avenue and a Portion of 160 Napoleon Street] Sponsor: Mayor Resolution approving the jurisdictional transfer of 1801 Jerrold Avenue, Assessor's Parcel Block No. 5281, Lot No. 001, consisting of approximately 64,340 square feet, commonly known as the Asphalt Plant Site, currently under the jurisdiction of Public Works (SFPW) to the San Francisco Public Utilities Commission (SFPUC), and a portion of 160 Napoleon Street, Assessor’s Parcel Block No. 4343, Lot Nos. 018 and 031, and Block No. 4346, Lot Nos. 001 and 001A, consisting of 59,132 square feet, commonly known as the Napoleon Site, currently under the jurisdiction of the SFPUC to the SFPW, subject to the terms and conditions of a Memorandum of Understanding between SFPUC and SFPW; adopting environmental findings and other findings that the actions set forth in this Resolution are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing other actions in furtherance of this Resolution, as defined herein. Resolution No. 516-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161174 [Hearing - Appeal of Tentative Map Approval - 162-164 Alhambra Street] Hearing of persons interested in or objecting to the decision of Public Works dated October 18, 2016, approving a Tentative Map for three units of new construction at 162-164 Alhambra Street, Assessor's Parcel Block No. 0463A, Lot No. 013. (District 2) (Appellants: John Barrett, Kathleen Eckhart, and Mauricio Franco) (Filed October 28, 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 Board relating to a proposed continuance by the appellant and project sponsor. Buck Delventhal (Office of the City Attorney) answered questions raised throughout the discussion. Patricia Vaughy; spoke in support of the continuance. There were no other speakers. Supervisor Farrell, seconded by Supervisor Tang, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161175 [Approving Decision of Public Works and Approving the Tentative Map - 162-164 Alhambra Street] Motion approving decision of Public Works and approving the Tentative Map for three units of new construction at 162-164 Alhambra Street, Assessor's Parcel Block No. 0463A, Lot No. 013; 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) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161176 [Disapproving Decision of Public Works and Disapproving the Tentative Map - 162-164 Alhambra Street] Motion disapproving decision of Public Works and disapproving the Tentative Map for three units of new construction at 162-164 Alhambra Street, Assessor's Parcel Block No. 0463A, Lot No. 013. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161177 [Preparation of Findings Related to the Tentative Map - 162-164 Alhambra Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for three units of new construction at 162-164 Alhambra Street, Assessor's Parcel Block No. 0463A, Lot No. 013. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161217 [Affirming the Categorical Exemption Determination - Proposed Project at 203 Cotter Street] Motion affirming the determination by the Planning Department that a proposed project at 203 Cotter Street is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M16-174 Supervisor Avalos, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161218 [Conditionally Reversing the Categorical Exemption Determination - Proposed Project at 203 Cotter Street] Motion conditionally reversing the determination by the Planning Department that a proposed project at 203 Cotter Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161219 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed Project at 203 Cotter Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 203 Cotter Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Tang, TABLED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161221 [Approving Conditional Use Authorization - Proposed Project at 203 Cotter Street] Motion approving the decision of the Planning Commission by its Motion No. 19751, approving a Conditional Use Authorization identified as Planning Case No. 2015-003791CUA for a proposed project located at 203 Cotter Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Motion No. M16-175 Supervisor Avalos, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161222 [Disapproving Conditional Use Authorization - Proposed Project at 203 Cotter Street] Motion disapproving the decision of the Planning Commission by its Motion No. 19751, approving a Conditional Use Authorization identified as Planning Case No. 2015-003791CUA for a proposed project located at 203 Cotter Street. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161223 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 203 Cotter 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. 2015-003791CUA for a proposed project located at 203 Cotter Street. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161286 [Project Partnership Agreement - United States Army Corps of Engineers - Dredging of Central Basin by Pier 70 - Waiving Certain Requirements of Environment and Administrative Codes - Not to Exceed $3,139,850] Sponsor: Mayor Ordinance approving and authorizing the Executive Director of the Port of San Francisco (“Port”) to execute a Project Partnership Agreement with the United States Army Corps of Engineers (“USACE”) to allow federal dredging of the Central Basin adjacent to Pier 70 conditioned upon the Port providing a 25% matching share not to exceed $2,242,750 for the initial project costs, and the Port providing a 10% matching share, not to exceed an additional $897,100 for federal maintenance dredging of the Central Basin payable over the following 30 years, for a total matching share from the Port not to exceed $3,139,850; exempting the Agreement from certain requirements of the Environment Code and Administrative Code except to the extent that the Agreement obligates USACE to satisfy any such requirements; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161158 [Campaign and Governmental Conduct Code - Form 700 (Statement of Economic Interests) Filing Requirements] Sponsor: Breed Ordinance amending the Campaign and Governmental Conduct Code to update the Conflict of Interest Code’s Form 700 (Statement of Economic Interests) filing requirements for the City, San Francisco Community College District, San Francisco Unified School District, and Successor Agency to the Redevelopment Agency, by adding, deleting, and changing titles of designated officials and employees to reflect organizational and staffing changes, and by refining disclosure requirements for designated officials and employees. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

$537,763.29 as a Landslide Contingency Fund, for a total potential payment of $5,007,400.31 and holding claimants harmless from third party claims for a limited period; the claim was filed on February 25, 2016; the claim involves alleged property damage arising from the January 25, 2016, landslide on Casitas Avenue; appropriating $4,000,000 from the Water Enterprise fund balance for such purpose; and waiving Administrative Code contract requirements except for Administrative Code, Section 12B.1(a) (nondiscrimination) and Section 6.22(e) (prevailing wage), for San Francisco Public Utilities Commission (SFPUC) contracts to implement landslide stabilization measures at 256 Casitas Avenue prior to April 1, 2017, or to undertake landslide repairs on 266 Casitas Avenue, with an engineer or construction contractor, subject to approval by the applicable property owner at 256 Casitas Avenue and/or 266 Casitas Avenue, if the SFPUC’s Commission President and General Manager determine such contract is necessary to protect public facilities or minimize or avoid City liability, not to exceed $500,000 in total for any such contracts. (City Attorney) PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

cepted and reserved by the State of California; authorizing the placement of such sidewalks and real property, upon acquisition, under the jurisdiction of Public Works; authorizing additional official City actions required to consummate the relinquishment of the sidewalks, as defined herein; authorizing the Director of Public Works to amend an existing Delegated Maintenance Agreement with the State of California regarding shared maintenance of portions of Van Ness Avenue and maintenance cost allocation, upon relinquishment of the sidewalks; waiving fees and bonding requirements for the State of California that would be otherwise applicable to excavation permits; waiving the required 90-days’ notice of intention to relinquish set forth in California Streets and Highways Code, Section 73; adopting the Planning Department’s determination that such acquisition is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting the Planning Department’s determination under the California Environmental Quality Act. Supervisors Peskin, Breed, Farrell and Kim requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161277 [Rescinding Motion Reversing the Community Plan Exemption Determination and Requesting Additional Information - Proposed Project at 1515 South Van Ness Avenue] Motion rescinding Board of Supervisors Motion No. 16-156 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; removing the motion in Board File No. 161002 from the table; and requesting further information from the Planning Department related to the potential environmental impacts of the proposed project. (Clerk of the Board) Motion No. M16-176 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161282 [Board of Supervisors Regular Meeting Schedule - 2017] Motion establishing the 2017 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Sections 4.2, and 4.2.1 by cancelling the Board meetings of January 3, January 17, February 21, May 30, July 4, October 10, and November 7 and 21, 2017; and all Board and Committee meetings during the spring, summer and winter breaks from March 27 through March 31, July 31 through September 4, and December 18, 2017, through January 5, 2018; and further suspending portions of Board Rule 4.2. to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Supervisor Tang, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Supervisor Tang, seconded by Supervisor Cohen, moved to AMEND this Motion by invoking Board Rule 6.1 and moving the Inaugural Meeting to Monday, January 9, 2017. Before the vote was taken, Supervisor Tang withdrew this motion. Supervisor Tang, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by invoking Board Rule 6.1 and moving the Inaugural Meeting to Monday, January 9, 2017. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

Motion establishing the 2017 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Sections 4.2, and 4.2.1 by cancelling the Board meetings of January 3, January 17, February 21, May 30, July 4, October 10, and November 7 and 21, 2017; and all Board and Committee meetings during the spring, summer and winter breaks from March 27 through March 31, July 31 through September 4, and December 18, 2017, through January 5, 2018; invoking Board Rule 6.1 to hold the Inaugural Meeting on January 9, 2017; and further suspending portions of Board Rule 4.2. to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Motion No. M16-177 APPROVED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee

161315 [Affirming Support for the Use of Force Policy Recommendations by the San Francisco Police Commission and the United States Department of Justice] Sponsors: Cohen; Breed, Kim, Peskin, Avalos, Mar and Tang Resolution affirming the San Francisco Board of Supervisors’ support for the Use of Force policy unanimously agreed upon by the San Francisco Police Commission and urging the San Francisco Police Officers Association to implement the Use of Force policy unanimously agreed upon by the San Francisco Police Commission. President Breed inquired as to whether any member of the public wished to address the Board relating to support for the Use of Force Policy recommendations by the San Francisco Police Commission and the United States Department of Justice, as referenced in File No. 161315. Tom Gilberty; spoke in support of the proposed legislation. The President declared public comment closed. Supervisor Tang requested to be added as a co-sponsor. Resolution No. 522-16 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee