# Board of Supervisors Minutes: December 6, 2016 - Meeting date: 2016-12-06 - Document type: minutes - Pages in official PDF: 26 - [Canonical HTML transcript](https://sfbos.info/documents/404/2016-12-06-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=519269&GUID=DFB748A3-2B44-496B-9C8F-26B273BC7A9F) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 161223: Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 203 Cotter Street - Pages: 15-16 - Vote 1: tabling - Action: 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 ### File 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 - Pages: 16 - Vote 1: first-reading - Action: 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 ### File 161158: Campaign and Governmental Conduct Code - Form 700 (Statement of Economic Interests) Filing Requirements - Pages: 16-17 - Vote 1: first-reading - Action: 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 ### File 161238: Settlement of Claims - Ronald and Patricia Martell - $5,007,400.31 and Hold Harmless; Appropriating $4,000,000 from the Water Enterprise Fund Balance - Waiver of Contract Requirements for Landslide Repair on Private Property Not to Exceed $500,000 - Pages: 17 - Vote 1: first-reading - Action: $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 ### File 161285: Real Property Acquisition - Sidewalks Along Portions of Van Ness Avenue and South Van Ness Avenue - Pages: 17-18 - Vote 1: first-reading - Action: 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 ## Extracted text ### [Page 16](https://sfbos.info/documents/404/2016-12-06-minutes#page-16) Board of Supervisors Meeting Minutes 12/6/2016 COMMITTEE REPORTS Recommendation of the Budget and Finance Committee 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: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee Recommendations of the Government Audit and Oversight Committee 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: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee City and County of San Francisco Page 1003 Printed at 2:55 pm on 1/27/17 ### [Page 17](https://sfbos.info/documents/404/2016-12-06-minutes#page-17) Board of Supervisors Meeting Minutes 12/6/2016 161238 [Settlement of Claims - Ronald and Patricia Martell - $5,007,400.31 and Hold Harmless; Appropriating $4,000,000 from the Water Enterprise Fund Balance - Waiver of Contract Requirements for Landslide Repair on Private Property Not to Exceed $500,000] Sponsor: Yee Ordinance authorizing final settlement of Claim No. 16-02314 filed by Ronald and Patricia Martell against the City and County of San Francisco by payment of $4,469,637.02 establishing a third-party escrow account in the amount of $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: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee Recommendations of the Land Use and Transportation Committee 161285 [Real Property Acquisition - Sidewalks Along Portions of Van Ness Avenue and South Van Ness Avenue] Sponsors: Mayor, Peskin, Breed, Farrell and Kim Ordinance authorizing the Director of Property to agree to acquire and accept the State of California’s relinquishment of all its right, title, and interest in and to the sidewalks along portions of Van Ness Avenue (between Lombard Street and Market Street), portions of South Van Ness Avenue (between Market Street and Plum Street), and the underlying real property (if any and without warranty), except as otherwise excepted 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: 10 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Yee City and County of San Francisco Page 1004 Printed at 2:55 pm on 1/27/17