# 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 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 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
