# Board of Supervisors Minutes: January 31, 2017 - Meeting date: 2017-01-31 - Document type: minutes - Pages in official PDF: 27 - [Canonical HTML transcript](https://sfbos.info/documents/414/2017-01-31-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=531381&GUID=C8389898-9E8A-4BF9-BD5D-27544ED02217) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 161226: Business and Tax Regulations Code - Revising Administrative Citation Rules - Pages: 2-3 ### File 161262: Administrative Code - Delegating Tax Collector Authority to Administer Excess Proceeds Claims - Pages: 3 ### File 161264: Business and Tax Regulations Code - Estimated Payments, Filing Extensions, and Refunds - Pages: 3 ### File 161265: Settlement of Lawsuit - 501 Folsom Street, LLC - $40,000 - Pages: 3 ### File 161269: Settlement of Lawsuit - Roy Korobi - $75,000 - Pages: 3-4 ### File 161271: Settlement of Lawsuit - Suzanne Davis-Hornby - $200,000 - Pages: 4 ### File 170006: Settlement of Lawsuit - Decorative Plant Services Inc. - $110,000 - Pages: 4 ### File 170007: Settlement of Lawsuit - Goldman Enterprises dba Sunborne Nursery Inc. - $110,000 - Pages: 4-5 ### File 170008: Settlement of Lawsuit - ACS Marketing Inc., dba S.F. Foliage Inc. - $110,000 - Pages: 5 ### File 170017: Settlement of Unlitigated Claim - Mignon Dunbar - $70,000 - Pages: 5 ### File 160656: Planning Code - Medical Service Use - Sacramento Street Neighborhood Commercial District - Pages: 5-6 ### File 161348: Administrative Code - Reentry Council - Pages: 6 ### File 161308: General Plan Amendments - Potrero HOPE SF Project - Pages: 6 ### File 161159: Planning Code - Potrero HOPE SF Special Use District - Pages: 6 ### File 161160: Planning Code, Zoning Map - Potrero HOPE SF Zoning Map Amendments - Pages: 6-7 ### File 161161: Development Agreement - BRIDGE Potrero Community Associates, LLC - Potrero HOPE SF Project - Pages: 7 ### File 161309: General Plan Amendments - Sunnydale HOPE SF Project - Pages: 7 ### File 161162: Planning Code - Sunnydale HOPE SF Special Use District - Pages: 7-8 ### File 161163: Planning Code, Zoning Map - Sunnydale HOPE SF Zoning Map Amendments - Pages: 8 ### File 161164: Development Agreement - Sunnydale Development Co., LLC - Sunnydale HOPE SF Project - Pages: 8-9 - Vote 1: final-passage, likely final - Action: opment Agreement between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco, and Sunnydale Development Co., LLC, for the Sunnydale HOPE SF Project at the approximately 50-acre site located in Visitacion Valley and generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east, and Velasco to the south; confirming the Development Agreement’s compliance with, or waiving certain provisions of, Administrative Code, Chapters 14B, 29, and 56; approving the use of impact fees and exactions for improvements and other community benefits, as set forth in the Development Agreement, and waiving any conflicting fee provisions in Planning Code, Article 4; ratifying past actions taken in connection with the Development Agreement; authorizing further actions taken consistent with the Ordinance; making findings under the California Environmental Quality Act; and making findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Economic Impact) (Fiscal Impact) Ordinance No. 018-17 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161270: Settlement of Lawsuit - Bradley Bishop - $750,000 - Pages: 9 - Vote 1: first-reading - Action: 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) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170005: Settlement of Lawsuit - The Regents of the University of California - $473,530.02 Credit - Pages: 9-10 - Vote 1: first-reading - Action: 170005 [Settlement of Lawsuit - The Regents of the University of California - $473,530.02 Credit] Ordinance authorizing settlement of the lawsuit filed by The Regents of the University of California against the City and County of San Francisco for $473,530.02; the lawsuit was filed on September 22, 2015, in San Francisco Superior Court, Case No. CGC-15-548090; entitled The Regents of the University of California v. City and County of San Francisco; the lawsuit involves a refund for overbilling; other material terms of the settlement are that the refund will be in the form of a credit against future charges for water service. (City Attorney) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161120: Forming Infrastructure and Revitalization Financing District No. 1 (Treasure Island) - Adopting an Infrastructure Financing Plan - Pages: 10 - Vote 1: final-passage, likely final - Action: 161120 [Forming Infrastructure and Revitalization Financing District No. 1 (Treasure Island) - Adopting an Infrastructure Financing Plan] Sponsor: Mayor Ordinance forming City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and adopting an Infrastructure Financing Plan for such district. Ordinance No. 021-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161126: Levying Special Taxes - Community Facilities District No. 2016-1 (Treasure Island) - Pages: 10 - Vote 1: final-passage, likely final - Action: 161126 [Levying Special Taxes - Community Facilities District No. 2016-1 (Treasure Island)] Sponsor: Mayor Ordinance levying special taxes within the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island). Ordinance No. 022-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161344: Appropriation - General Reserve - Fund Immigration-Related Legal Services - FY2016-2017 - $1,500,000 - Pages: 10-11 - Vote 1: final-passage, likely final - Action: 161344 [Appropriation - General Reserve - Fund Immigration-Related Legal Services - FY2016-2017 - $1,500,000] Sponsor: Mayor Ordinance appropriating $1,500,000 from the General Reserve to the Mayor’s Office of Housing and Community Development, City Administrator’s Office of Civic Engagement and Immigrant Affairs, and Human Rights Commission to fund legal representation, pathways to citizenship, public outreach, and rapid response social services in FY2016-2017. (Fiscal Impact) Ordinance No. 032-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161272: Settlement of Lawsuits and Supplemental Appropriation - Coral Construction, Inc., and Schram Construction, Inc. - $1,432,098 Settlement - $716,049 Appropriation - Pages: 11-12 - Vote 1: final-passage, likely final - Action: 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) (Supervisor Breed dissented in committee.) Ordinance No. 030-17 FINALLY PASSED by the following vote: - Ayes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Noes: Breed ### File 161345: Lease Disposition and Development Agreement and Ground Lease - Regents of the University of California, San Francisco - New Research Building at Zuckerberg San Francisco General Hospital - Initial Base Rent of $180,000 per Year - Pages: 12-13 - Vote 1: amendment - Action: Real Estate Division), Viktoriya Wise (Municipal Transportation Agency), and Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Safai requested the Department of Public Health and the Municipal Transportation Agency report back to the Board within 30 days regarding long-term parking solutions related to this project. Supervisor Kim requested the Department of Public Health report back to the Board within 90 days regarding a financing plan related to this project. Supervisor Kim further requested the Controller place $10 million on Budget and Finance Reserve for future release as the project progresses and issues are addressed; Controller Rosenfield concurred. Supervisor Ronen, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding language to reflect the University of California, San Francisco's commitment to permanently maintain 130 parking spaces for faculty and staff at the Mission Bay Campus, to offset the 130 parking spaces that will be removed at the San Francisco General Hospital Campus. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161225: Business and Tax Regulations Code - Business Registration with Tax Collector - Pages: 13 - Vote 1: first-reading - Action: 161225 [Business and Tax Regulations Code - Business Registration with Tax Collector] Ordinance amending the Business and Tax Regulations Code to remove the $100 minimum penalty from one of the penalties for failing to register with the Tax Collector; and to remove the fee and administrative requirements for obtaining a duplicate registration certificate. (Treasurer-Tax Collector) (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161311: Waiving Fiscal Feasibility Study and Determination Requirements - Airport Development Plan, Except for Individual Projects as Required by Administrative Code, Chapter 29 - Pages: 13 - Vote 1: first-reading - Action: 161311 [Waiving Fiscal Feasibility Study and Determination Requirements - Airport Development Plan, Except for Individual Projects as Required by Administrative Code, Chapter 29] Ordinance exempting the proposed Airport Development Plan from Administrative Code, Chapter 29, including from the requirements for a fiscal feasibility study and a Board of Supervisors fiscal feasibility determination prior to initiating environmental review, but retaining requirements for possible future individual projects under the Recommended Airport Development Plan which would otherwise be subject to Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161316: Administrative, Business and Tax Regulations, Police Codes - Elimination of Fees - Pages: 13 - Vote 1: first-reading - Action: 161316 [Administrative, Business and Tax Regulations, Police Codes - Elimination of Fees] Sponsors: Yee; Ronen and Cohen Ordinance amending the Administrative, Business and Tax Regulations, and Police Codes to eliminate various fees imposed by the City. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161343: Appropriation - Proceeds from Lease Financing - Public Safety Radio System Project - FY2016-2017 - $34,184,136 - Pages: 13-14 - Vote 1: first-reading - Action: 161343 [Appropriation - Proceeds from Lease Financing - Public Safety Radio System Project - FY2016-2017 - $34,184,136] Sponsor: Mayor Ordinance appropriating $34,184,136 of lease financing to the Department of Emergency Management for Public Safety Radio System Project in FY2016-2017, and placing the total appropriation of $34,184,136 on Controller’s Reserve pending proceeds from the lease financing. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161182: Prevailing Wage Rates - Various Workers Performing Work Under City Contracts - Pages: 14 - Vote 1: adoption, likely final - Action: 161182 [Prevailing Wage Rates - Various Workers Performing Work Under City Contracts] Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; workers engaged in theatrical or technical services for shows on property owned by the City; workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; workers performing moving services under City contracts at facilities owned or leased by the City; workers engaged in exhibit, display, or trade show work at a special event on property owned by the City; and workers engaged in broadcast services on property owned by the City. (Civil Service Commission) (Fiscal Impact) Resolution No. 024-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161248: Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Energy Network Program Activities - $546,258 - Pages: 14 - Vote 1: adoption, likely final - Action: 161248 [Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Energy Network Program Activities - $546,258] Sponsor: Mayor Resolution retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $546,258 for calendar year 2017, to perform various activities as part of a Bay Area Regional Energy Network program, an energy efficiency program for the term of January 1, 2017, through December 31, 2017. (Environment) Resolution No. 025-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161295: Accept In-Kind Grant - San Francisco Parks Alliance - John McLaren Bike Park, Phase I - $147,268 - Pages: 14-15 - Vote 1: adoption, likely final - Action: 161295 [Accept In-Kind Grant - San Francisco Parks Alliance - John McLaren Bike Park, Phase I - $147,268] Sponsor: Mayor Resolution authorizing the San Francisco Recreation and Park Department to accept an in-kind grant of $147,268 from the San Francisco Parks Alliance to support the John McLaren Bike Park. (Recreation and Park Department) Resolution No. 034-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161319: Accept and Expend Grant - California Department of Public Health - Prescription Drug Overdose Prevention Project - $434,777 - Pages: 15 - Vote 1: adoption, likely final - Action: 161319 [Accept and Expend Grant - California Department of Public Health - Prescription Drug Overdose Prevention Project - $434,777] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $434,777 from the California Department of Public Health to participate in a program entitled Prescription Drug Overdose Prevention Project for the period of July 1, 2016, through August 31, 2019. Resolution No. 026-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161321: Accept and Expend Grant - San Francisco Community Clinic Consortium - Health Care for the Homeless - Oral Health Expansion - $207,500 - Pages: 15 - Vote 1: adoption, likely final - Action: 161321 [Accept and Expend Grant - San Francisco Community Clinic Consortium - Health Care for the Homeless - Oral Health Expansion - $207,500] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $207,500 from San Francisco Community Clinic Consortium to participate in a program entitled Health Care for the Homeless - Oral Health Expansion, for the period of January 1, 2016, through December 31, 2016; and waiving indirect costs. Resolution No. 027-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161322: Accept and Expend Grant - California Department of Health - California Project LAUNCH - $367,968 - Pages: 15 - Vote 1: adoption, likely final - Action: 161322 [Accept and Expend Grant - California Department of Health - California Project LAUNCH - $367,968] Sponsor: Farrell Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $367,968 from California Department of Public Health to participate in a program entitled California Project LAUNCH for the period of December 1, 2015, through June 30, 2019; and waiving indirect costs. Resolution No. 028-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170016: Emergency Declaration - Temporary Replacement and Repair of Dewatering Equipment - Oceanside Wastewater Treatment Plant - Total Estimated Cost of Work and Contract $435,450 - Pages: 15-16 - Vote 1: adoption, likely final - Action: 170016 [Emergency Declaration - Temporary Replacement and Repair of Dewatering Equipment - Oceanside Wastewater Treatment Plant - Total Estimated Cost of Work and Contract $435,450] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to Administrative Code, Section 21.15(c), for the temporary replacement and repair of the dewatering equipment at the Oceanside Wastewater Treatment Plant, with a total estimated cost of $435,450. (Public Utilities Commission) (Fiscal Impact) Resolution No. 031-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 160925: Planning Code - Transportation Demand Management Program Requirement - Pages: 16 - Vote 1: amendment - Action: ning Commission) Supervisors Farrell, Breed, and Safai requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Wade Wietgrefe and Corey Teague (Planning Department), Jon Givner (Office of the City Attorney), and Viktoriya Wise and Carli Paine (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9, Line 7, by changing ‘a’ to ‘any’, and adding ‘or Development Agreement’ after ‘Development Application’; and Lines 20-25, by adding ‘For all projects that require a community meeting occur prior to project application, the Project Sponsor shall discuss potential TDM measures and program standards at that meeting and solicit feedback from the local community to be taken into consideration in preparing the proposed TDM Plan for submittal to the Planning Department. If the Planning Department requires any preliminary application or assessment prior to the project application, the project sponsor shall submit a draft TDM plan at that time.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161165: Subdivision Code - Requirements for Communications Services Facilities - Pages: 16-17 - Vote 1: first-reading - Action: 161165 [Subdivision Code - Requirements for Communications Services Facilities] Sponsor: Farrell Ordinance amending the Subdivision Code to require that the design of a subdivision for a tentative map or parcel map provide for communications services facilities to each parcel; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161291: Administrative Code - Update Hotel Conversion Ordinance - Pages: 17 - Vote 1: amendment - Action: o update the Hotel Conversion Ordinance, including: adding or refining definitions of tourist and transit use, comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; adding an operative date; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Yee requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Line 25, through Page 9, Line 1, by adding ‘along with a graphic floorplan reflecting room designations for each floor’; on Page 9, Lines 5-6, by adding ‘and update the graphic floorplan on file with the Department of Building Inspection’; and Page 14, Line 10, by adding ‘including the graphic floorplan’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161365: Hearing - Appeal of Mitigated Negative Declaration - Proposed Project at 950-974 Market Street - Pages: 18 ### File 161366: Affirming the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street - Pages: 18 - Vote 1: approval, likely final - Action: 161366 [Affirming the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion affirming the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act, for a proposed project at 950-974 Market Street. (Clerk of the Board) Motion No. M17-006 Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161367: Conditionally Reversing the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street - Pages: 18 - Vote 1: tabling - Action: 161367 [Conditionally Reversing the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion conditionally reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street, subject to the adoption of written findings in support of such determination. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161368: Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street - Pages: 18-19 - Vote 1: tabling - Action: 161368 [Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission’s approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170119: Closed Session - Labor Negotiations - January 31, 2017 - Pages: 20-21 - Vote 1: other - Action: ened in closed session at the hour of 6:15 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee Persons in attendance: Jon Givner (Office of the City Attorney); Lawanna Preston, Suzanne Mason, and Micki Callahan, Director (Department of Human Resources); Ben Rosenfield, Controller (Office of the City Controller); Mawuli Tugbenyoh (Mayor’s Office); Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board) The matter was heard in closed session and the President declared that no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:27 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170102: Affirming Commitment to Maintaining Women’s Universal Access to Affordable Reproductive, Family Planning, and Sexual Health Services in San Francisco - Pages: 21 ### File 170107: Urging Support for Creation of a World-Class Museum of LGBTQ History and Culture in San Francisco - Pages: 21 ### File 170112: Committee of the Whole - Housing for Families with Children - March 7, 2017 - Pages: 21-22 - Vote 1: approval, likely final - Action: 170112 [Committee of the Whole - Housing for Families with Children - March 7, 2017] Sponsors: Yee; Fewer and Sheehy Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 7, 2017, at 3:00 p.m., to hear and discuss findings and recommendations made by the Planning Department on the Housing for Families with Children Report and Family-Friendly Design Guidelines. Supervisors Fewer and Sheehy requested to be added as co-sponsors. Motion No. M17-007 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170124: United Against Discrimination Based on Religion and National Origin - Pages: 22-23 - Vote 1: adoption, likely final - Action: 170124 [United Against Discrimination Based on Religion and National Origin] Sponsor: Safai Resolution declaring that the City And County Of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin. President Breed inquired as to whether any member of the public wished to address the Board relating to the Resolution declaring that the City and County of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin as referenced in File No. 170124. Lee Randazzo; expressed his support for the proposed Resolution. The President declared public comment closed. Resolution No. 033-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170125: Planning Code - Construction of Accessory Dwelling Units - Pages: 23 ### File 170126: Accept-Expend Reimbursement Funds - Governor's Office of Emergency Services - San Francisco International Airport's 9-1-1 Telephone System - $255,000 - Pages: 23 ### File 170127: Accept and Expend Grant - California Department of Resources Recycling and Recovery - Used Motor Oil Recycling - $233,379 - Pages: 23-24 ### File 170128: Conceptual Term Sheet Endorsement - JPPF OP Acquisitions, LLC (“Jamestown”) - Proposed Lease of Pier 29 Bulkhead - Pages: 24 ### File 170129: Cooperative Agreement - State of California Department of Transportation (Caltrans) - Design and Construction of the Lombard Street Vision Zero Project (State Route 101) - Pages: 24 ### File 170130: Street Encroachment Permit - 45 Lansing Development, LLC - Shared Public Way on Lansing Street Fronting 45 Lansing Street - Pages: 24 ### File 170131: Establishing the Compton’s Cultural District - Pages: 24 ### File 170132: Commemorative Street Plaques - Historical Markers - Top of Broadway Community Benefit District - Pages: 24-25 ### File 170133: Supporting California State Senate Bill 54 (De León) - California Values Act - Pages: 25 ### File 170134: Urging the Department of Public Health and the Health Service System to Provide Treatment for HIV-Related Lipodystrophy Syndrome - Supporting California State Senate Bill 221 (Wiener) - Pages: 25 ### File 170135: Hearing - San Francisco Public Utilities Commission Sewer System Improvement Program - Pages: 25 ### File 170136: Hearing - Status on the City's Small Sites Acquisition Program - Pages: 25 ### File 170137: Hearing - Impact of the Money Bail System - Pages: 25-26 ### File 170138: Hearing - Streamlining of Restaurant Permitting Process - Pages: 26 ### File 170139: Hearing - Transportation Demand Management Program - Pages: 26 ### File 170064: Real Property Lease - 120 14th Street, LLC - 1740 Folsom Street - $882,560.04 in Initial Year - Pages: 26-27 ### File 170065: Funding Application - Board of State and Community Corrections - Renovation of County Jail No. 2 - $70,000,000 of State Funding - $12,000,000 of Additional City Funding - Pages: 27 ## Extracted text ### [Page 1](https://sfbos.info/documents/414/2017-01-31-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 31, 2017 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting LONDON BREED, PRESIDENT MALIA COHEN, MARK FARRELL, SANDRA LEE FEWER, JANE KIM, AARON PESKIN, HILLARY RONEN, AHSHA SAFAI, JEFF SHEEHY, KATY TANG, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Cohen, Yee, Tang 1:00 PM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Kim, Peskin, Breed 10:00 AM Land Use and Transportation Committee Monday Supervisors Farrell, Peskin, Tang 1:30 PM Public Safety and Neighborhood Services Committee 2nd Thursday Supervisors Ronen, Sheehy, Fewer 10:30 AM Rules Committee 2nd and 4th Thursday Supervisors Safai, Fewer, Yee 1:00 PM Volume 112 Number 4 ### [Page 2](https://sfbos.info/documents/414/2017-01-31-minutes#page-2) Board of Supervisors Meeting Minutes 1/31/2017 Members Present: London Breed, Malia Cohen, Mark Farrell, Sandra Lee Fewer, Jane Kim, Aaron Peskin, Hillary Ronen, Ahsha Safai, Jeff Sheehy, Katy Tang, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, January 31, 2017, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:03 p.m. On the call of the roll, Supervisors Kim and Safai were noted not present. There was a quorum. COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of a communication from the Office of Small Business, delivered on January 27, 2017, forwarding the rules and regulations and application for the Legacy Business Program, adopted by the Small Business Commission, on January 23, 2017. Pursuant to Administrative Code, Sections 2A.242(e) and 2A.243(d), rules and regulations adopted by the Small Business Commission are subject to disapproval by the Board of Supervisors by ordinance, which must be introduced within 30 days of delivery of notice. If an ordinance is not introduced within 30 days nor enacted within 90 days of delivery of notice, the rules and regulations shall go into effect. If a Member wishes to consider disapproval of these rules and regulations, an Ordinance must be introduced no later than February 14, 2017. Supervisors Kim and Safai were noted present at 2:05 p.m. AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendations of the Budget and Finance Committee 161226 [Business and Tax Regulations Code - Revising Administrative Citation Rules] Ordinance amending the Business and Tax Regulations Code to limit the late fee on unpaid administrative penalties to 40% of the administrative penalty assessed; and to modify the methods by which an administrative citation may be served. (Treasurer-Tax Collector) Ordinance No. 024-17 FINALLY PASSED City and County of San Francisco Page 65 Printed at 8:35 am on 3/16/17 ### [Page 3](https://sfbos.info/documents/414/2017-01-31-minutes#page-3) Board of Supervisors Meeting Minutes 1/31/2017 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) Ordinance No. 025-17 FINALLY PASSED 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) Ordinance No. 026-17 FINALLY PASSED Recommendations of the Government Audit and Oversight 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) Ordinance No. 027-17 FINALLY PASSED 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) Ordinance No. 028-17 FINALLY PASSED City and County of San Francisco Page 66 Printed at 8:35 am on 3/16/17 ### [Page 4](https://sfbos.info/documents/414/2017-01-31-minutes#page-4) Board of Supervisors Meeting Minutes 1/31/2017 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) Ordinance No. 029-17 FINALLY PASSED 170006 [Settlement of Lawsuit - Decorative Plant Services Inc. - $110,000] Ordinance authorizing settlement of the unlawful detainer lawsuit filed by the City and County of San Francisco against Decorative Plant Services Inc. (Decorative Plant), by Decorative Plant’s agreement to surrender possession no later than March 31, 2017, Decorative Plant’s execution of a Stipulation for Entry of Judgment and a Writ of Possession, and San Francisco Public Utilities Commission (SFPUC) agreement to provide Decorative Plant a payment not to exceed $110,000 for reimbursement of expenses related to relocation; the lawsuit was filed on November 28, 2016, in San Francisco Superior Court, Case No. CUD-16-657190; entitled City and County of San Francisco, through the Public Utilities Commission (PUC) v. Decorative Plant Services Inc., ACS Marketing Inc. dba S.F. Foliage, Inc., Goldman Enterprises dba Sunborne Nursery Inc., related to the termination of the lease agreement entered into June 1, 2004, between the SFPUC and Decorative Plant Services Inc., for 127,300 square feet at the Southeast Community Facility at 1150 Phelps Avenue. (City Attorney) PASSED, ON FIRST READING 170007 [Settlement of Lawsuit - Goldman Enterprises dba Sunborne Nursery Inc. - $110,000] Ordinance authorizing settlement of the unlawful detainer lawsuit filed by the City and County of San Francisco against Goldman Enterprises, dba Sunborne Nursery Inc. (Sunborne), by Sunborne’s agreement to surrender possession no later than March 31, 2017, Sunborne’s execution of a Stipulation for Entry of Judgment and a Writ of Possession, and San Francisco Public Utilities Commission (SFPUC) agreement to provide Sunborne a payment not to exceed $110,000 for reimbursement of expenses related to relocation; the lawsuit was filed on November 28, 2016, in San Francisco Superior Court, Case No. CUD-16-657190; entitled City and County of San Francisco, through the Public Utilities Commission (PUC) v. Decorative Plant Services Inc., ACS Marketing Inc. dba S.F. Foliage, Inc., Goldman Enterprises dba Sunborne Nursery Inc., related to the termination of the lease agreement entered into June 1, 2004, between the SFPUC and Decorative Plant Services Inc. and the sublease to Goldman Enterprises, dba Sunborne Nursery Inc., for 127,300 square feet at the Southeast Community Facility at 1150 Phelps Avenue. (City Attorney) PASSED, ON FIRST READING City and County of San Francisco Page 67 Printed at 8:35 am on 3/16/17 ### [Page 5](https://sfbos.info/documents/414/2017-01-31-minutes#page-5) Board of Supervisors Meeting Minutes 1/31/2017 170008 [Settlement of Lawsuit - ACS Marketing Inc., dba S.F. Foliage Inc. - $110,000] Ordinance authorizing settlement of the unlawful detainer lawsuit filed by the City and County of San Francisco against ACS Marketing Inc., dba S.F. Foliage Inc. (S.F. Foliage), by S.F. Foliage’s agreement to surrender possession no later than March 31, 2017, S.F. Foliage’s execution of a Stipulation for Entry of Judgment and a Writ of Possession, and San Francisco Public Utilities Commission (SFPUC) agreement to provide S.F. Foliage a payment not to exceed $110,000 for reimbursement of expenses related to relocation; the lawsuit was filed on November 28, 2016, in San Francisco Superior Court, Case No. CUD-16-657190; entitled City and County of San Francisco, through the Public Utilities Commission (PUC) v. Decorative Plant Services Inc., ACS Marketing Inc. dba S.F. Foliage, Inc., Goldman Enterprises dba Sunborne Nursery Inc., related to the termination of the lease agreement entered into June 1, 2004, between the SFPUC and Decorative Plant Services Inc., and sublease to ACS Marketing, dba S.F. Foliage, for 127,300 square feet at the Southeast Community Facility at 1150 Phelps Avenue. (City Attorney) PASSED, ON FIRST READING 170017 [Settlement of Unlitigated Claim - Mignon Dunbar - $70,000] Resolution approving the settlement of unlitigated claim filed by Mignon Dunbar against the City and County of San Francisco for $70,000; including two charges that were filed with the Department of Fair Employment and Housing, one on November 24, 2014, the other on February 4, 2015; the claim involves an employment dispute; additional material terms of the settlement are that Dunbar resigns employment effective August 19, 2016, and that she agrees not to seek or accept future employment with the Police Department. (City Attorney) Resolution No. 032-17 ADOPTED Recommendation of the Land Use and Transportation Committee 160656 [Planning Code - Medical Service Use - Sacramento Street Neighborhood Commercial District] Sponsor: Farrell Ordinance amending the Planning Code to provide that in the Sacramento Street Neighborhood Commercial District a Medical Service use, whether Principal or Accessory, requires a Conditional Use authorization on the ground story and is permitted above the ground story; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 023-17 FINALLY PASSED City and County of San Francisco Page 68 Printed at 8:35 am on 3/16/17 ### [Page 6](https://sfbos.info/documents/414/2017-01-31-minutes#page-6) Board of Supervisors Meeting Minutes 1/31/2017 Recommendation of the Rules Committee 161348 [Administrative Code - Reentry Council] Sponsor: Breed Ordinance amending the Administrative Code to require that the Department of Homelessness and Supportive Housing appoint one member to the Reentry Council, increasing the membership from 23 to 24; increase the time that one Board appointed former inmate member can be free from custody from a maximum of two years to a maximum of three years; and require that the Council submit its report to the Board of Supervisors recommending whether the Council should continue by July 1, 2018. Ordinance No. 031-17 FINALLY PASSED Recommendations of the Land Use and Transportation Committee 161308 [General Plan Amendments - Potrero HOPE SF Project] Ordinance amending the General Plan in connection with the Potrero HOPE SF project; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission) Ordinance No. 019-17 FINALLY PASSED 161159 [Planning Code - Potrero HOPE SF Special Use District] Sponsor: Cohen Ordinance amending the Planning Code to create the Potrero HOPE SF Special Use District to facilitate development of the Potrero HOPE SF project by modifying requirements related to permitted uses, dwelling unit density, building height and bulk standards, and parking and streetscape matters; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 013-17 FINALLY PASSED 161160 [Planning Code, Zoning Map - Potrero HOPE SF Zoning Map Amendments] Sponsor: Cohen Ordinance amending the Planning Code by amending the Zoning Map Sheets SU-08 and HT-08 in connection with the Potrero HOPE SF project; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 014-17 FINALLY PASSED City and County of San Francisco Page 69 Printed at 8:35 am on 3/16/17 ### [Page 7](https://sfbos.info/documents/414/2017-01-31-minutes#page-7) Board of Supervisors Meeting Minutes 1/31/2017 Recommendation of the Budget and Finance Committee 161161 [Development Agreement - BRIDGE Potrero Community Associates, LLC - Potrero HOPE SF Project] Sponsors: Cohen; Farrell Ordinance approving a Development Agreement between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco, and BRIDGE Potrero Community Associates, LLC, for the Potrero HOPE SF Project at the approximately 38-acre irregularly-shaped site bounded by 23rd Street and Missouri Street to the north, Texas Street to the east, 25th Street and 26th Street to the south, and Wisconsin Street to the west; confirming the Development Agreement’s compliance with, or waiving certain provisions of, Administrative Code, Chapters 14B, 29, and 56; approving the use of impact fees and exactions for improvements and other community benefits, as set forth in the Development Agreement, and waiving any conflicting fee provisions in Planning Code, Article 4; ratifying past actions taken in connection with the Development Agreement; authorizing further actions taken consistent with this Ordinance; making findings under the California Environmental Quality Act; and making findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b). (Economic Impact) (Fiscal Impact) Ordinance No. 015-17 FINALLY PASSED Recommendations of the Land Use and Transportation Committee 161309 [General Plan Amendments - Sunnydale HOPE SF Project] Ordinance amending the General Plan in connection with the Sunnydale HOPE SF project; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission) Ordinance No. 020-17 FINALLY PASSED 161162 [Planning Code - Sunnydale HOPE SF Special Use District] Sponsor: Cohen Ordinance amending the Planning Code to create the Sunnydale HOPE SF Special Use District to facilitate development of the Sunnydale HOPE SF project by modifying specific requirements related to permitted uses, dwelling unit density, building height and bulk standards, and parking and streetscape matters; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 016-17 FINALLY PASSED City and County of San Francisco Page 70 Printed at 8:35 am on 3/16/17 ### [Page 8](https://sfbos.info/documents/414/2017-01-31-minutes#page-8) Board of Supervisors Meeting Minutes 1/31/2017 161163 [Planning Code, Zoning Map - Sunnydale HOPE SF Zoning Map Amendments] Sponsor: Cohen Ordinance amending the Planning Code by amending the Zoning Map Sheets SU-11 and HT-11 in connection with the Sunnydale HOPE SF project; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 017-17 FINALLY PASSED Recommendation of the Budget and Finance Committee 161164 [Development Agreement - Sunnydale Development Co., LLC - Sunnydale HOPE SF Project] Sponsors: Cohen; Farrell Ordinance approving a Development Agreement between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco, and Sunnydale Development Co., LLC, for the Sunnydale HOPE SF Project at the approximately 50-acre site located in Visitacion Valley and generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east, and Velasco to the south; confirming the Development Agreement’s compliance with, or waiving certain provisions of, Administrative Code, Chapters 14B, 29, and 56; approving the use of impact fees and exactions for improvements and other community benefits, as set forth in the Development Agreement, and waiving any conflicting fee provisions in Planning Code, Article 4; ratifying past actions taken in connection with the Development Agreement; authorizing further actions taken consistent with the Ordinance; making findings under the California Environmental Quality Act; and making findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Economic Impact) (Fiscal Impact) Ordinance No. 018-17 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 71 Printed at 8:35 am on 3/16/17 ### [Page 9](https://sfbos.info/documents/414/2017-01-31-minutes#page-9) Board of Supervisors Meeting Minutes 1/31/2017 Severed from the Consent Agenda Supervisor Sheehy requested that File Nos. 161270 and 170005 be severed so that they may be considered separately. President Breed requested File Nos. 161270 and 170005 be called together. Supervisor Sheehy informed the Board that he was previously employed with the University of California, San Francisco (UCSF), and has been advised by the City Attorney that he has no conflict of interest on these matters; however, due to receiving a pension from UCSF, a full disclosure was made before the vote was taken on File Nos. 161270 and 170005. 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) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170005 [Settlement of Lawsuit - The Regents of the University of California - $473,530.02 Credit] Ordinance authorizing settlement of the lawsuit filed by The Regents of the University of California against the City and County of San Francisco for $473,530.02; the lawsuit was filed on September 22, 2015, in San Francisco Superior Court, Case No. CGC-15-548090; entitled The Regents of the University of California v. City and County of San Francisco; the lawsuit involves a refund for overbilling; other material terms of the settlement are that the refund will be in the form of a credit against future charges for water service. (City Attorney) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 72 Printed at 8:35 am on 3/16/17 ### [Page 10](https://sfbos.info/documents/414/2017-01-31-minutes#page-10) Board of Supervisors Meeting Minutes 1/31/2017 REGULAR AGENDA UNFINISHED BUSINESS From the Board President Breed requested File Nos. 161120 and 161126 be called together. 161120 [Forming Infrastructure and Revitalization Financing District No. 1 (Treasure Island) - Adopting an Infrastructure Financing Plan] Sponsor: Mayor Ordinance forming City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and adopting an Infrastructure Financing Plan for such district. Ordinance No. 021-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161126 [Levying Special Taxes - Community Facilities District No. 2016-1 (Treasure Island)] Sponsor: Mayor Ordinance levying special taxes within the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island). Ordinance No. 022-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendation of the Budget and Finance Committee 161344 [Appropriation - General Reserve - Fund Immigration-Related Legal Services - FY2016-2017 - $1,500,000] Sponsor: Mayor Ordinance appropriating $1,500,000 from the General Reserve to the Mayor’s Office of Housing and Community Development, City Administrator’s Office of Civic Engagement and Immigrant Affairs, and Human Rights Commission to fund legal representation, pathways to citizenship, public outreach, and rapid response social services in FY2016-2017. (Fiscal Impact) Ordinance No. 032-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 73 Printed at 8:35 am on 3/16/17 ### [Page 11](https://sfbos.info/documents/414/2017-01-31-minutes#page-11) Board of Supervisors Meeting Minutes 1/31/2017 Recommendation of the Government Audit and Oversight Committee 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) (Supervisor Breed dissented in committee.) Ordinance No. 030-17 FINALLY PASSED by the following vote: Ayes: 10 - Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Noes: 1 - Breed City and County of San Francisco Page 74 Printed at 8:35 am on 3/16/17 ### [Page 12](https://sfbos.info/documents/414/2017-01-31-minutes#page-12) Board of Supervisors Meeting Minutes 1/31/2017 NEW BUSINESS Referred Without Recommendation from the Budget and Finance Committee 161345 [Lease Disposition and Development Agreement and Ground Lease - Regents of the University of California, San Francisco - New Research Building at Zuckerberg San Francisco General Hospital - Initial Base Rent of $180,000 per Year] Sponsor: Mayor Ordinance approving a Lease Disposition and Development Agreement and 75 year Ground Lease (with option to extend to 99 years) with the Regents of the University of California, San Francisco (“UCSF”) for a new research building at the Priscilla Chan and Mark Zuckerberg San Francisco General Hospital and Trauma Center, with an initial base rent to be paid by UCSF of $180,000 per year; authorizing the Department of Public Health to accept a $10,000,000 parking reimbursement contribution upon delivery of the Ground Lease to UCSF; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); waiving certain provisions of the Administrative Code and Environment Code; and ratifying certain actions taken in connection therewith, as defined herein. Supervisor Sheehy informed the Board that he was previously employed with the University of California, San Francisco (UCSF), and has been advised by the City Attorney that he has no conflict of interest on this matter; however, due to receiving a pension from UCSF, a full disclosure was made before the vote was taken on File No. 161345. Privilege of the floor was granted unanimously to Barbara French (University of California, San Francisco), Barbara Garcia, Director, Greg Wagner (Department of Public Health), John Updike, Director (Real Estate Division), Viktoriya Wise (Municipal Transportation Agency), and Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Safai requested the Department of Public Health and the Municipal Transportation Agency report back to the Board within 30 days regarding long-term parking solutions related to this project. Supervisor Kim requested the Department of Public Health report back to the Board within 90 days regarding a financing plan related to this project. Supervisor Kim further requested the Controller place $10 million on Budget and Finance Reserve for future release as the project progresses and issues are addressed; Controller Rosenfield concurred. Supervisor Ronen, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding language to reflect the University of California, San Francisco's commitment to permanently maintain 130 parking spaces for faculty and staff at the Mission Bay Campus, to offset the 130 parking spaces that will be removed at the San Francisco General Hospital Campus. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 75 Printed at 8:35 am on 3/16/17 ### [Page 13](https://sfbos.info/documents/414/2017-01-31-minutes#page-13) Board of Supervisors Meeting Minutes 1/31/2017 Appointment of President Pro Tempore At the request of President Breed, Supervisor Peskin assumed the chair at 3:20 p.m. The President resumed the chair at 3:27 p.m. Recommendations of the Budget and Finance Committee 161225 [Business and Tax Regulations Code - Business Registration with Tax Collector] Ordinance amending the Business and Tax Regulations Code to remove the $100 minimum penalty from one of the penalties for failing to register with the Tax Collector; and to remove the fee and administrative requirements for obtaining a duplicate registration certificate. (Treasurer-Tax Collector) (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161311 [Waiving Fiscal Feasibility Study and Determination Requirements - Airport Development Plan, Except for Individual Projects as Required by Administrative Code, Chapter 29] Ordinance exempting the proposed Airport Development Plan from Administrative Code, Chapter 29, including from the requirements for a fiscal feasibility study and a Board of Supervisors fiscal feasibility determination prior to initiating environmental review, but retaining requirements for possible future individual projects under the Recommended Airport Development Plan which would otherwise be subject to Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161316 [Administrative, Business and Tax Regulations, Police Codes - Elimination of Fees] Sponsors: Yee; Ronen and Cohen Ordinance amending the Administrative, Business and Tax Regulations, and Police Codes to eliminate various fees imposed by the City. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161343 [Appropriation - Proceeds from Lease Financing - Public Safety Radio System Project - FY2016-2017 - $34,184,136] Sponsor: Mayor Ordinance appropriating $34,184,136 of lease financing to the Department of Emergency Management for Public Safety Radio System Project in FY2016-2017, and placing the total appropriation of $34,184,136 on Controller’s Reserve pending proceeds from the lease financing. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 76 Printed at 8:35 am on 3/16/17 ### [Page 14](https://sfbos.info/documents/414/2017-01-31-minutes#page-14) Board of Supervisors Meeting Minutes 1/31/2017 161182 [Prevailing Wage Rates - Various Workers Performing Work Under City Contracts] Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; workers engaged in theatrical or technical services for shows on property owned by the City; workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; workers performing moving services under City contracts at facilities owned or leased by the City; workers engaged in exhibit, display, or trade show work at a special event on property owned by the City; and workers engaged in broadcast services on property owned by the City. (Civil Service Commission) (Fiscal Impact) Resolution No. 024-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 161248, 161295, 161319, 161321, and 161322 be called together. 161248 [Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Energy Network Program Activities - $546,258] Sponsor: Mayor Resolution retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $546,258 for calendar year 2017, to perform various activities as part of a Bay Area Regional Energy Network program, an energy efficiency program for the term of January 1, 2017, through December 31, 2017. (Environment) Resolution No. 025-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161295 [Accept In-Kind Grant - San Francisco Parks Alliance - John McLaren Bike Park, Phase I - $147,268] Sponsor: Mayor Resolution authorizing the San Francisco Recreation and Park Department to accept an in-kind grant of $147,268 from the San Francisco Parks Alliance to support the John McLaren Bike Park. (Recreation and Park Department) Resolution No. 034-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 77 Printed at 8:35 am on 3/16/17 ### [Page 15](https://sfbos.info/documents/414/2017-01-31-minutes#page-15) Board of Supervisors Meeting Minutes 1/31/2017 161319 [Accept and Expend Grant - California Department of Public Health - Prescription Drug Overdose Prevention Project - $434,777] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $434,777 from the California Department of Public Health to participate in a program entitled Prescription Drug Overdose Prevention Project for the period of July 1, 2016, through August 31, 2019. Resolution No. 026-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161321 [Accept and Expend Grant - San Francisco Community Clinic Consortium - Health Care for the Homeless - Oral Health Expansion - $207,500] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $207,500 from San Francisco Community Clinic Consortium to participate in a program entitled Health Care for the Homeless - Oral Health Expansion, for the period of January 1, 2016, through December 31, 2016; and waiving indirect costs. Resolution No. 027-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161322 [Accept and Expend Grant - California Department of Health - California Project LAUNCH - $367,968] Sponsor: Farrell Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $367,968 from California Department of Public Health to participate in a program entitled California Project LAUNCH for the period of December 1, 2015, through June 30, 2019; and waiving indirect costs. Resolution No. 028-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170016 [Emergency Declaration - Temporary Replacement and Repair of Dewatering Equipment - Oceanside Wastewater Treatment Plant - Total Estimated Cost of Work and Contract $435,450] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to Administrative Code, Section 21.15(c), for the temporary replacement and repair of the dewatering equipment at the Oceanside Wastewater Treatment Plant, with a total estimated cost of $435,450. (Public Utilities Commission) (Fiscal Impact) Resolution No. 031-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 78 Printed at 8:35 am on 3/16/17 ### [Page 16](https://sfbos.info/documents/414/2017-01-31-minutes#page-16) Board of Supervisors Meeting Minutes 1/31/2017 Recommendations of the Land Use and Transportation Committee 160925 [Planning Code - Transportation Demand Management Program Requirement] Sponsors: Cohen; Sheehy, Farrell, Breed and Safai Ordinance amending the Planning Code to establish a citywide Transportation Demand Management (TDM) Program, to require Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation; create a new administrative fee to process TDM Plan applications and compliance reports; make conforming amendments to various sections of the Planning Code; 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 findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Supervisors Farrell, Breed, and Safai requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Wade Wietgrefe and Corey Teague (Planning Department), Jon Givner (Office of the City Attorney), and Viktoriya Wise and Carli Paine (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9, Line 7, by changing ‘a’ to ‘any’, and adding ‘or Development Agreement’ after ‘Development Application’; and Lines 20-25, by adding ‘For all projects that require a community meeting occur prior to project application, the Project Sponsor shall discuss potential TDM measures and program standards at that meeting and solicit feedback from the local community to be taken into consideration in preparing the proposed TDM Plan for submittal to the Planning Department. If the Planning Department requires any preliminary application or assessment prior to the project application, the project sponsor shall submit a draft TDM plan at that time.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161165 [Subdivision Code - Requirements for Communications Services Facilities] Sponsor: Farrell Ordinance amending the Subdivision Code to require that the design of a subdivision for a tentative map or parcel map provide for communications services facilities to each parcel; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 79 Printed at 8:35 am on 3/16/17 ### [Page 17](https://sfbos.info/documents/414/2017-01-31-minutes#page-17) Board of Supervisors Meeting Minutes 1/31/2017 161291 [Administrative Code - Update Hotel Conversion Ordinance] Sponsors: Peskin; Kim, Safai, Sheehy, Cohen, Ronen and Yee Ordinance amending Administrative Code, Chapter 41, to update the Hotel Conversion Ordinance, including: adding or refining definitions of tourist and transit use, comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; adding an operative date; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Yee requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Line 25, through Page 9, Line 1, by adding ‘along with a graphic floorplan reflecting room designations for each floor’; on Page 9, Lines 5-6, by adding ‘and update the graphic floorplan on file with the Department of Building Inspection’; and Page 14, Line 10, by adding ‘including the graphic floorplan’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Ronen, seconded by Supervisor Sheehy, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Ronen introduced, welcomed, and presented a Certificate of Honor to Nancy Pili Hernandez and Karen Topiakan, Mission resisters, for their courageous actions at the White House on January 25, 2017, when they assisted unfurling a banner stating “RESIST.” Supervisor Sheehy shared in this commendation. City and County of San Francisco Page 80 Printed at 8:35 am on 3/16/17 ### [Page 18](https://sfbos.info/documents/414/2017-01-31-minutes#page-18) Board of Supervisors Meeting Minutes 1/31/2017 SPECIAL ORDER 3:00 P.M. 161365 [Hearing - Appeal of Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Hearing of persons interested in or objecting to the adoption of a Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street, Assessor's Parcel Block No. 0342, Lot Nos. 001, 002, 004, and 014, identified in Planning Case No. 2013.1049E, adopted on November 17, 2016. (District 6) (Appellant: Victor Marquez, on behalf of the Transgender Intersex Justice Project, Saint James Infirmary, and the Q Foundation) (Filed December 16, 2016). (Clerk of the Board) President Breed opened the public hearing, informed the Board that a communication was received from Victor Marquez, on behalf of the Appellant, withdrawing the appeal, and inquired as to whether any member of the public wished to address the Board relating to the appeal or its subsequent withdrawal. Brian Bassinger; Male Speaker; Jordan Davis; Male Speaker; spoke on various concern regarding the appeal and its subsequent withdrawal. There were no speakers. President Breed closed public comment and declared the hearing closed. HEARD AND FILED 161366 [Affirming the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion affirming the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act, for a proposed project at 950-974 Market Street. (Clerk of the Board) Motion No. M17-006 Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161367 [Conditionally Reversing the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion conditionally reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street, subject to the adoption of written findings in support of such determination. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 161368 [Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission’s approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 81 Printed at 8:35 am on 3/16/17 ### [Page 19](https://sfbos.info/documents/414/2017-01-31-minutes#page-19) Board of Supervisors Meeting Minutes 1/31/2017 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Andrew Yip; shared his various thoughts and experiences with the Board. Female Speaker; shared experiences supporting and providing services at homeless encampments. Roland; shared his homeless experience and the navigation centers. Lee Randazzo; shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Cici: shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Female Speaker; shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Vet; shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Henry; shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Female Speaker; shared concerns regarding the denial of the Falun Gong to participate in the Chinese New Year’s Parade. Christopher Dahl; shared various concerns regarding Muni and SROs. Male Speaker; shared various religious concerns. Herbert Weiner; shared concerns regarding the Municipal Transportation Agency and the removal of certain bus stops. Saira Hussain; expressed support of the newly introduced support of California Values Act resolution. Yadira Sanchez; expressed support of the newly introduced support of California Values Act resolution. Female Speaker; shared her experience as a small property owner. Terry Beswick; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Lenore Chinn; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Gerard Koskovich; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Shayne Watson; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Male Speaker; shared concerns regarding legal funding for immigrant services. Brad Scheffman; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Peter Warfield; shared concerns regarding the San Francisco Public Library and the City Librarian. Matthew Costner; expressed support of the resolution supporting the creation of a museum of LGBTQ history and culture (File No. 170107). Otto Duffy; shared concerns regarding transgender issues and affordable housing. Bill Wilson; shared his experience at City Hall and expressed gratitude for the City’s efforts upholding our values. Tom Gilberty; shared concerns regarding the Chinese New Year’s Parade, the public pillow fight event, and President Trump. City and County of San Francisco Page 82 Printed at 8:35 am on 3/16/17 ### [Page 20](https://sfbos.info/documents/414/2017-01-31-minutes#page-20) Board of Supervisors Meeting Minutes 1/31/2017 Appointment of President Pro Tempore At the request of President Breed, Supervisor Cohen assumed the chair at 4:54 p.m. The President resumed the chair at 5:30 p.m. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS 170119 [Closed Session - Labor Negotiations - January 31, 2017] Closed Session for the Board of Supervisors to convene on January 31, 2017, pursuant to California Government Code, Section 54957.6, and San Francisco Administrative Code, Section 67.10(e), with Labor Negotiators, the Mayor's Office, and the Department of Human Resources regarding negotiations with labor unions representing City employees; scheduled pursuant to Motion No. M17-005, approved January 24, 2017. (Clerk of the Board) Public comment for this item was previously taken during General Public Comment on January 24, 2017. CONVENED IN CLOSED SESSION The Board recessed at the hour of 6:07 p.m. and prepared the Legislative Chamber to convene in closed session, pursuant to Motion No. M17-005 (File No. 170055), approved on January 24, 2017. The Board convened in closed session at the hour of 6:15 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee Persons in attendance: Jon Givner (Office of the City Attorney); Lawanna Preston, Suzanne Mason, and Micki Callahan, Director (Department of Human Resources); Ben Rosenfield, Controller (Office of the City Controller); Mawuli Tugbenyoh (Mayor’s Office); Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board) The matter was heard in closed session and the President declared that no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:27 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 83 Printed at 8:35 am on 3/16/17 ### [Page 21](https://sfbos.info/documents/414/2017-01-31-minutes#page-21) Board of Supervisors Meeting Minutes 1/31/2017 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 170102 [Affirming Commitment to Maintaining Women’s Universal Access to Affordable Reproductive, Family Planning, and Sexual Health Services in San Francisco] Sponsors: Ronen; Breed, Fewer, Kim, Cohen and Tang Resolution denouncing the Trump administration and 115th Congress’ plans to defund preventive care for women and basic health services through the repeal of the Affordable Care Act and politically motivated cuts to providers such as Planned Parenthood from Title X and Medicaid funding, and affirming San Francisco’s commitment to protect and maintain women, girls, and transgender women’s access to universal reproductive, family planning, and sexual health services such as contraceptives, cancer screenings, and abortion care. Resolution No. 029-17 ADOPTED 170107 [Urging Support for Creation of a World-Class Museum of LGBTQ History and Culture in San Francisco] Sponsors: Sheehy; Kim Resolution calling on the City and County of San Francisco and its business leaders, philanthropic organizations, and residents to support the GLBT Historical Society in its efforts to create a world-class New Museum of LGBTQ History and Culture in San Francisco. Supervisor Kim requested to be added as a co-sponsor. Resolution No. 030-17 ADOPTED 170112 [Committee of the Whole - Housing for Families with Children - March 7, 2017] Sponsors: Yee; Fewer and Sheehy Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 7, 2017, at 3:00 p.m., to hear and discuss findings and recommendations made by the Planning Department on the Housing for Families with Children Report and Family-Friendly Design Guidelines. Supervisors Fewer and Sheehy requested to be added as co-sponsors. Motion No. M17-007 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 84 Printed at 8:35 am on 3/16/17 ### [Page 22](https://sfbos.info/documents/414/2017-01-31-minutes#page-22) Board of Supervisors Meeting Minutes 1/31/2017 IMPERATIVE AGENDA [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 is action is deferred to a later meeting." Supervisor Safai, seconded by Supervisor Fewer, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Safai, seconded by Supervisor Fewer, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170124 [United Against Discrimination Based on Religion and National Origin] Sponsor: Safai Resolution declaring that the City And County Of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin. President Breed inquired as to whether any member of the public wished to address the Board relating to the Resolution declaring that the City and County of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin as referenced in File No. 170124. Lee Randazzo; expressed his support for the proposed Resolution. The President declared public comment closed. Resolution No. 033-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 85 Printed at 8:35 am on 3/16/17 ### [Page 23](https://sfbos.info/documents/414/2017-01-31-minutes#page-23) Board of Supervisors Meeting Minutes 1/31/2017 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 170125 [Planning Code - Construction of Accessory Dwelling Units] Sponsor: Peskin Ordinance amending the Planning Code to bring the requirements and procedures for authorizing the construction of Accessory Dwelling Units (ADUs) in single-family homes into conformity with the new mandates of state law; 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 findings of public convenience, necessity, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption pursuant to state law requirements. 01/31/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/2/2017. Resolutions 170126 [Accept-Expend Reimbursement Funds - Governor's Office of Emergency Services - San Francisco International Airport's 9-1-1 Telephone System - $255,000] Sponsor: Mayor Resolution authorizing the Airport Commission to accept and expend reimbursement funds in the amount of $255,000 from the State of California 9-1-1 Emergency Communications Branch of the Governor’s Office of Emergency Services for the upgrade of the San Francisco International Airport’s 9-1-1 Telephone System, for a term to commence following Board approval, through April 2017. (Airport Commission) 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 170127 [Accept and Expend Grant - California Department of Resources Recycling and Recovery - Used Motor Oil Recycling - $233,379] Sponsors: Mayor; Breed Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $233,379 from the California Department of Resources Recycling and Recovery, for the purpose of increasing used motor oil recycling and household hazardous waste management, for the period of April 1, 2017, through June 30, 2018. (Environment) 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 86 Printed at 8:35 am on 3/16/17 ### [Page 24](https://sfbos.info/documents/414/2017-01-31-minutes#page-24) Board of Supervisors Meeting Minutes 1/31/2017 170128 [Conceptual Term Sheet Endorsement - JPPF OP Acquisitions, LLC (“Jamestown”) - Proposed Lease of Pier 29 Bulkhead] Sponsor: Mayor Resolution endorsing the Conceptual Term Sheet between the Port and JPPF OP Acquisitions, LLC (“Jamestown”) for a proposed 15-year lease of approximately 20,000 square feet of space at the Pier 29 Bulkhead Building, located at Chestnut Street and the Embarcadero. (Port) 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 170129 [Cooperative Agreement - State of California Department of Transportation (Caltrans) - Design and Construction of the Lombard Street Vision Zero Project (State Route 101)] Sponsor: Farrell Resolution approving the Cooperative Agreement between San Francisco and the State of California Department of Transportation (Caltrans) concerning the design and construction of the Lombard Street Vision Zero Project, including pedestrian safety, transit improvements, and utility upgrades along Lombard Street (State Route 101) between Francisco Street and Van Ness Avenue; and making environmental findings. (Public Works) (Fiscal Impact) 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 170130 [Street Encroachment Permit - 45 Lansing Development, LLC - Shared Public Way on Lansing Street Fronting 45 Lansing Street] Sponsor: Kim Resolution granting revocable permission to 45 Lansing Development, LLC, to occupy and maintain the Lansing Street Shared Public Way on Lansing Street between Guy Place and 1st Street fronting 45 Lansing Street (Assessor’s Parcel Block No. 3749, Lot No. 059); adopting environmental findings under the California Environmental Quality Act; and making findings of consistency the General Plan, and with the eight priority policies of Planning Code, Section 101.1. 01/31/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 170131 [Establishing the Compton’s Cultural District] Sponsors: Kim; Peskin, Ronen, Safai and Sheehy Resolution establishing the Compton’s Cultural District with the intent of commemorating historical sites, preserving existing spaces, and planning for vibrant communities that are TGILGB (Transgender, Gender-variant, Intersex, Lesbian, Gay, and Bisexual) affirming. 01/31/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 170132 [Commemorative Street Plaques - Historical Markers - Top of Broadway Community Benefit District] Sponsor: Peskin Resolution authorizing the placement of thirteen street plaques commemorating historical landmarks in the Top of Broadway Community Benefit District, at the sidewalks located along the Broadway Street Corridor and Columbus Avenue, in accordance with Public Works Code, Sections 789, et seq., the Commemorative Street Plaque Ordinance; and accepting the named plaques as a gift to the City and County of San Francisco. 01/31/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 87 Printed at 8:35 am on 3/16/17 ### [Page 25](https://sfbos.info/documents/414/2017-01-31-minutes#page-25) Board of Supervisors Meeting Minutes 1/31/2017 170133 [Supporting California State Senate Bill 54 (De León) - California Values Act] Sponsors: Ronen; Fewer, Kim, Peskin, Yee, Safai, Breed, Tang and Cohen Resolution supporting California State Senate Bill 54, authored by Senator De León, the California Values Act, to limit state and local law enforcement’s entanglement with federal immigration enforcement. 01/31/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170134 [Urging the Department of Public Health and the Health Service System to Provide Treatment for HIV-Related Lipodystrophy Syndrome - Supporting California State Senate Bill 221 (Wiener)] Sponsor: Sheehy Resolution calling on the Department of Public Health and the Health Service System to provide access to treatment and coverage for HIV-related lipodystrophy syndrome; and supporting California State Senate Bill 221, authored by Senator Wiener, to require insurance providers in California to cover medical treatment for HIV-related lipodystrophy syndrome. 01/31/17; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Requests for Hearing 170135 [Hearing - San Francisco Public Utilities Commission Sewer System Improvement Program] Sponsor: Cohen Hearing on the San Francisco Public Utilities Commission (SFPUC) Sewer System Improvement Program, including projects taking place at the Southeast Treatment Plant; and requesting the SFPUC to report. 01/31/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 170136 [Hearing - Status on the City's Small Sites Acquisition Program] Sponsor: Fewer Hearing on the status of the City's Small Sites Acquisition Program; and requesting the Mayor's Office of Housing and Community Development to report. 01/31/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 170137 [Hearing - Impact of the Money Bail System] Sponsor: Ronen Hearing on the impact of the money bail system on women and families, and to identify opportunities for reform at the local level; and requesting the Sheriff's Department, Office of the Public Defender, Office of the District Attorney, Office of the City Attorney, Office of the Treasurer and Tax Collector, and the Superior Courts to report. 01/31/17; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 88 Printed at 8:35 am on 3/16/17 ### [Page 26](https://sfbos.info/documents/414/2017-01-31-minutes#page-26) Board of Supervisors Meeting Minutes 1/31/2017 170138 [Hearing - Streamlining of Restaurant Permitting Process] Sponsor: Tang Hearing on streamlining of the permitting process for restaurants, update on the recent implementation of the Small Business Acceleration Program, the next steps to address permitting and customer service challenges for businesses; and requesting the Office of Economic and Workforce Development, the Office of Small Business, Office of the Controller, the Planning Department, the Department of Building Inspection, and other City departments involved with the permitting process for businesses to report. 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 170139 [Hearing - Transportation Demand Management Program] Sponsors: Yee; Fewer and Cohen Hearing on the Transportation Demand Management Program Standards, Menu of Options, and the methodology in the Technical Justification document; and requesting the Planning Department and the Municipal Transportation Agency to report. 01/31/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED RESOLUTIONS 170064 [Real Property Lease - 120 14th Street, LLC - 1740 Folsom Street - $882,560.04 in Initial Year] Resolution authorizing the exercise of a five-year option to extend the term of the lease of approximately 18,682 square feet of space at 1740 Folsom Street for continued use by the Sheriff’s Department for $882,560.04 in the initial year with 3% annual increases with 120 14th Street, LLC, as Landlord, for the lease extension term of July 1, 2017, through June 30, 2022. (Real Estate Department) (Fiscal Impact) 01/23/17; RECEIVED FROM DEPARTMENT. 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 89 Printed at 8:35 am on 3/16/17 ### [Page 27](https://sfbos.info/documents/414/2017-01-31-minutes#page-27) Board of Supervisors Meeting Minutes 1/31/2017 170065 [Funding Application - Board of State and Community Corrections - Renovation of County Jail No. 2 - $70,000,000 of State Funding - $12,000,000 of Additional City Funding] Resolution authorizing the Sheriff’s Department to submit a funding application to the Board of State and Community Corrections pursuant to California State Senate Bill 844 (2016) for $70,000,000 for a proposed project to renovate County Jail No. 2; outlining the matching cash contribution of $8,200,000 and additional funds of $3,800,000 for a total of $12,000,000 needed for the proposed project; and conditionally approving the form and execution of associated financing and construction documents. (Sheriff) (Fiscal Impact) 01/23/17; RECEIVED FROM DEPARTMENT. 01/31/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. ADJOURNMENT There being no further business, the Board adjourned at the hour 6:32 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on March 14, 2017. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 90 Printed at 8:35 am on 3/16/17